Dessie Ellis (Dublin North West, Sinn Fein)
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Question 122: To ask the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the concerns of National Car Test workers that their workplaces are not properly ventilated in order to protect them sufficiently from pollutants; and if he will investigate these concerns. [32091/12]

Richard Bruton (Dublin North Central, Fine Gael)
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While my Department is responsible for legislation governing workplace health and safety, it is the Health and Safety Authority, which operates under the aegis of my Department, which is the national statutory body with responsibility for enforcing and investigating alleged breaches of that legislation. Once any investigation has begun, it is a matter for the Authority to determine the appropriate action to take, up to and including criminal prosecution.

The National Car Test Centres are places of work that like all other workplaces are subject to health and safety legislation. In that regard, it is the employer's duty to ensure that health and safety is managed on site. Employers have a duty under the Safety, Health and Welfare at Work Act 2005 to ensure that the potential hazards to their employees are controlled to either eliminate or minimise the risks associated with the identified hazards. In all workplaces, an employer is required to have a health and safety management system including a site-specific safety statement and risk assessment that identifies the controls that are in place to control the identified risks and protect those at work. In addition, employees at a place of work should be advised of and familiar with what the identified risks and controls are.

Where there are risks from chemical exposures, in particular those chemicals that have an occupational exposure limit value (OELV) assigned to them as set out in the Code of Practice to the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001, an employer must carry out a risk assessment in accordance with those regulations and implement relevant controls to reduce worker exposure below the OELV.

Regulation 6 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 requires an employer to ensure that sufficient fresh air is provided in enclosed places of work, having regard to the working methods used and the physical demands placed on the employer's employees. In most cases, the natural ventilation provided through windows and doors will be adequate. However, in cases where, for instance, there are high dust levels or high temperatures or where the workplace is isolated from the outside air, mechanical or forced ventilation may be necessary.

Where a mechanical ventilation system is used, an employer is required to ensure that it is maintained in good working order as part of a plant maintenance system and any breakdown is indicated by a control system if necessary for the safety and health of employees.

Finally, specific complaints regarding any alleged breaches of occupational health and safety laws should be directed to the Workplace Contact Unit of the Authority where such allegations will be investigated. The Unit may be contacted at Lo-call 1890 289 389, email: wcu@hsa.ie; address: Workplace Contact Unit, Metropolitan Building, James Joyce Street, Dublin 1.