Emmet Stagg (Kildare North, Labour)
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Question 154: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the legislative provisions and rules covering the use of closed circuit television cameras in the workplace. [46041/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I understand that the main legislative provisions and rules covering the use of closed circuit television cameras (CCTV) in the workplace are a matter for the Data Protection Commissioner. The use of CCTV in a business place or workplace is not prohibited but it is controlled by the Data Protection Acts 1998 and 2003. This legislation falls under the remit of my colleague the Minister for Justice, Equality and Law Reform.

My Department's role in relation to legislative provisions for close circuit television in the workplace is limited to safety in the workplace. The Safety, Health and Welfare at Work Act 2005 requires every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all of his or her employees. Employers and those who control work places to any extent must identify the hazards in the workplaces under their control and assess the risks presented by these hazards. Employers are required to implement any improvements considered necessary by the risk assessment. There are situations where the installation of CCTV systems may be considered necessary as a result of a risk assessment.

CCTV systems have been in use for many years as driving aids for operators of very large mechanically propelled equipment in the underground mining and surface quarrying industries. These were initially introduced in these sectors based on risk assessment of reversing manoeuvres and have enormous advantages both in terms of pedestrian safety and operator efficiency in the use of such large equipment. The Safety, Health and Welfare at Work (Quarries) Regulations 2008 through the provisions of Regulation 23(2)(e) and Schedule 2 of the regulations set down the conditions under which CCTV may be required in relation to equipment used in the surface quarrying industry.

The Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006) through the provisions of Regulation 87 and Schedule 6 of the regulations set down the conditions under which CCTV may be required in relation to equipment used in the construction industry. The measure is included as one of a number controls to address the need for improved all round visibility for earth moving and materials handling machinery in construction. Construction plant and machinery due to their application can have limited driver visibility particularly to the rear, a fact that has contributed to several serious accidents in the industry.