Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 126: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [18488/09]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

There are no provisions in worker safety legislation which enables third parties to carry out the duties of a safety representative or to act as observers in the workplace.

However, there are a number of provisions in the Safety, Health and Welfare at Work Act 2005 which address issues which employees may have in relation to workplace safety.

If any employee has concerns about the workplace, defects in the workplace, or in systems or articles in the workplace which could endanger persons in that workplace he is obliged under section 13 of the 2005 Act to report these concerns to his/her employer.

The employer, in turn is responsible for the safety, health and welfare of his/her employees and the Act in part 2 chapter 1 sets out the general duties of employers.

Part 4 of the Act deals with Safety Representatives and safety consultation and under section 25 of the Act employees may select and appoint from amongst their number a safety representative or, by agreement with their employer, more than one safety representative to represent them in consultations with the employer on matters of safety, health and welfare at their place of work. Section 25 deals in detail with the matter of safety representation. A safety representative may consult with, and make representations to, the employer on safety, health and welfare matters relating to the employees in the place of work. The employer must consider these representations, and act on them if necessary.

Recognising the possibility of adverse behaviour towards employees who raise matters relating to health and safety in the workplace under section 27 of the Act, an employer is prohibited from penalising an employee for acting in accordance with or performing any duty or exercising any right under health and safety laws, or for making a complaint or a representation about safety and health to the safety representative or to the employer or to an inspector.

In addition, where employees have concerns relating to health and safety in the workplace they can report them to the Health and Safety Authority's Workplace Contact Unit (Locall 1890 289 389 or wcu@hsa.ie).