Written answers

Thursday, 1 March 2007

Department of Enterprise, Trade and Employment

Health and Safety Regulations

5:00 pm

Jerry Cowley (Mayo, Independent)
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Question 156: To ask the Minister for Enterprise, Trade and Employment if he will assure this Deputy that the Health and Safety Authorities investigation into an incident which took place (details supplied) will be given priority in view of the time factor involved; and if he will make a statement on the matter. [8061/07]

Jerry Cowley (Mayo, Independent)
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Question 157: To ask the Minister for Enterprise, Trade and Employment his views on whether the delays in investigations by the Health and Safety Authority can be traumatic for families involved; if he will guarantee that the authority has sufficient resources available to conduct investigations speedily; and if he will make a statement on the matter. [8062/07]

Jerry Cowley (Mayo, Independent)
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Question 158: To ask the Minister for Enterprise, Trade and Employment if he will guarantee that the one specialist investigation team within the Health and Safety Authority which is based in Cork is adequate to investigate all incidents; if the Health and Safety Authority has requested additional funding to increase this specialist unit; and if he will make a statement on the matter. [8063/07]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 156 to 158, inclusive, together.

In reply to PQ reference No. 31400 on 5th October last, I stated that the Health and Safety Authority had commissioned a report into the circumstances surrounding the incident referred to by the Deputy. This report was to ascertain the facts to assist in the determination of whether the Authority has a remit in relation to this matter. The Health and Safety Authority is now investigating the circumstances of the incident referred to as they relate to legislation within the Authority's remit. As this is an ongoing active investigation it would be inappropriate to make any further comment.

Although the incident took place in 2001, it was initially considered to be a traffic accident and outside the remit of the Health and Safety Authority. Following further consideration by the Authority and taking various views into account, the report referred to above was commissioned and in late 2006 the Authority commenced its investigation.

The Health and Safety Authority ensures that all workplace fatal accidents are the focus of an immediate investigation. It has developed and put in place extensive procedures to ensure that such investigations are conducted in line with best practice and has developed a Memorandum of Understanding with the gardaí to ensure the optimal utilisation of the resources available.

There has been a notable shift to prosecution on indictment by the Authority in recent years with 45% of the prosecutions in 2005 being taken in the Circuit Court. The criminal investigations undertaken by the Authority are conducted in a detailed and thorough way and this of itself can take considerable time. Investigations are kept under review to ensure that they are completed in as reasonable a time frame as possible.

The Authority, through its regionally based inspection staff and its dedicated investigation unit, ensures it is in a position to respond to occupationally related fatalities, dangerous occurrences and serious incidents. The Authority is continuously reviewing its deployment of resources in order that its work priorities can be met.

Jerry Cowley (Mayo, Independent)
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Question 159: To ask the Minister for Enterprise, Trade and Employment the resources available to the Health and Safety Authority to investigate accidents in view of the increasing number of recent tragic and fatal accidents that have come within the remit of the authority; and if he will make a statement on the matter. [8082/07]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The total staffing of the Health and Safety Authority is 185, including 113 professional inspectors carrying out a range of roles including the investigation of accidents and complaints, the development of legislative proposals at EU and national level, development of guidance, liaison with representative bodies, inspection, promotion, information and advisory activities, and the prosecution of offenders. In 2005 the Authority established a Special Investigation Unit to enable it to devote specialist resources to the investigation of serious workplace accidents and fatalities. This year the Authority will receive an Exchequer grant of €22.513m which is an increase of 9.3% on the 2006 allocation of €20.598m.

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