Liz McManus (Wicklow, Labour)
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Question 55: To ask the Minister for Enterprise, Trade and Employment the number of deaths and the number of injuries arising from workplace accidents generally and specifically in regard to the construction industry for 2002 to 2006 and to date in 2007; the additional steps he will take to reduce such accidents; if he will work with the Department of Justice, Equality and Law Reform to introduce a crime of corporate manslaughter; and if he will make a statement on the matter. [18620/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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Figures to be published shortly by the Health and Safety Authority show that in 2006 there were 50 recorded fatalities in Ireland as a result of work related accidents, compared to 74 work-related deaths in 2005, 50 in 2004, 68 in 2003 and 61 in 2002. The same industry sectors of construction and agriculture remained the most dangerous throughout this period.

As regards construction there were 12 construction-related fatalities in 2006 compared to 23 in 2005, 16 in 2004, 20 in 2003 and 21 in 2002.

Of the 12 construction-related fatalities in 2006, 11 were workers and 1 was a member of the public. 18 people died in the agricultural sector in 2006, there were also 18 fatalities in the same sector in 2005, compared to 13 in 2004, 20 in 2003 and 14 in 2002.

In the period 1 January to 29 June 2007, 35 workplace fatalities were reported to the Health and Safety Authority. These comprised 9 in construction, 6 in agriculture, 7 in fishing, 2 in mining and quarrying, 1 in manufacturing, 4 in transport, 2 in real estate, 2 in public admin/defence and 2 in community, social and personal services

A total of 8,098 non-fatal accidents, resulting in an absence of more than three days from normal work, were reported to the Authority across all sectors in 2006. Of these, 1,692 related to the construction sector.

In the period 1 January to 29 June 2007, 3,230 non-fatal accidents were reported to the Health and Safety Authority, including 747 in construction

Cognisant of the unacceptably high accident rate in the construction and following detailed examination of Regulations for safety in construction by the Health and Safety Authority, including wide-ranging consultation with relevant interests, my predecessor signed the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006) in 2006.

The new Regulations build on design and management requirements introduced in earlier regulations and also on the duties related to construction work set out in section 17 of the Safety, Health and Welfare at Work Act, 2005.

To improve health and safety standards on construction sites, the Health and Safety Authority is committed in 2007 to: carry out a focused programme of 7,000 construction site inspections covering appointment of competent designers, project supervisors and contractors, safety and health plans and safety statements, work at heights, traffic management and vehicle- reversing safety, welfare arrangements, and slips, trips and falls on a level; carry out 100 inspections of designers concentrating on design risk assessments for work at a height and the provision of slip resistant floor surfaces; enforce and provide information on the Construction and Work at Height Regulations; and publish and promote a Code of Practice on Safety Statements for employers of three or less in construction.

The issue of corporate manslaughter was raised at the time of the drafting of the Safety, Health and Welfare at Work Act, 2005 and at the time of the drafting of this Act the Attorney General advised that there were much broader issues than safety, health and welfare at work which needed to be considered in regard to the matter. Legislating in the relatively confined area of occupational safety and health would have omitted other sectors where an offence of corporate manslaughter could be committed. It was therefore decided that it was not appropriate to deal with the issue in legislation which was providing for the law and regulation of occupational safety, health and welfare.

The Law Reform Commission issued a Report on Corporate Killing in October 2005 and it accepted the view of the Attorney General's Office that the scope of the 2005 Act was narrower than the proposed offence recommended in its Report.

The Commission also recommended that there should be individual statutory liability for managers who were culpable in the causation of death. This is addressed in Section 80 of the Safety, Health and Welfare at Work Act, 2005 which provides for directors, managers or other similar officer of an undertaking to be held liable by the Courts for an offence that is attributable to connivance or neglect on their part.

Consideration of the Law Reform Commission's Report and recommendations are a matter for the Minister for Justice, Equality and Law Reform in the context of his main responsibilities for the criminal law system.

HSA Accident Statistics 2002-2007 as at 29 June 2007

2007 (1 January to 29 June) — ALL SECTORS

Number of fatalities = 35

Number of injuries (requiring >3 days absence) reported to HSA = 3230

2007 (1 January to 29 June) — CONSTRUCTION SECTOR

Number of fatalities = 9

Number of injuries (requiring >3 days absence) reported to HSA = 747

2006 — ALL SECTORS

Number of fatalities = 50

Number of injuries (requiring >3 days absence) reported to HSA 2006 = 8,098

2006 — CONSTRUCTION SECTOR

Number of fatalities = 12

Number of injuries (requiring >3 days absence) reported to HSA 2006 = 1,692

2005 — ALL SECTORS

Number of fatalities = 74

Number of injuries (requiring >3 days absence) reported to HSA 2005 = 8,248

2005 — CONSTRUCTION SECTOR

Number of fatalities = 23

Number of injuries (requiring >3 days absence) reported to HSA 2005 = 1,625

2004 — ALL SECTORS

Number of fatalities = 50

Number of injuries (requiring >3 days absence) reported to HSA 2004 = 8,458

2004 — CONSTRUCTION SECTOR

Number of fatalities = 16

Number of injuries (requiring >3 days absence) reported to HSA 2004 = 1,487

2003 — ALL SECTORS

Number of fatalities = 68

Number of injuries (requiring >3 days absence) reported to HSA 2003 = 7,169

2003 — CONSTRUCTION SECTOR

Number of fatalities = 20

Number of injuries (requiring >3 days absence) reported to HSA 2003 = 1,107

2002 — ALL SECTORS

Number of fatalities = 61

Number of injuries (requiring >3 days absence) reported to HSA 2002 = 8,097

2002 — CONSTRUCTION SECTOR

Number of fatalities = 21

Number of injuries (requiring >3 days absence) reported to HSA 2002 = 1,189