Clare Daly (Dublin North, United Left)
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136. To ask the Tánaiste and Minister for Social Protection the responsibility of employers in relation to health and safety and manual handling courses when persons take up a community employment scheme and to outline the person's rights with regard to concerns they may have about being asked to engage in unsafe practices, but being fearful of refusing to engage in them. [4300/16]

Kevin Humphreys (Dublin South East, Labour)
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Community Employment (CE) Sponsoring Organisations are responsible for ensuring that all relevant health and safety requirements under the Safety, Health and Welfare Act 2005, and any subsequent enactments are adhered to. Non-compliance with this legislation may be deemed non-compliance with the CE Agreement.

Furthermore, directors and senior managers carry particular responsibilities under the 2005 Act if it can be shown that an offence committed by their undertaking was attributable to neglect, connivance, consent or authorisation on their part. Penalties can include fines and/or prison sentences on conviction.

Certain types of training are considered mandatory for CE participants, including manual handling, and health & safety training. Many also complete courses in occupational first-aid and fire safety. Also, sponsors are responsible for supplying necessary tools, equipment and protective clothing for participants to undertake their work.

Where a project is involved in construction work, its activity is covered by the Safety, Health and Welfare at Work (Construction) Regulations 2001, as amended by the Safety, Health and Welfare at Work Regulations 2003. Project sponsors should ensure that they are aware of, and fully conversant with, their responsibilities under these regulations. Where construction work is involved, a safepass card is also mandatory for each participant involved in site-related work.

An employer cannot penalise any employee for acting in accordance with safety and health laws, or for reporting complaints regarding safety and health matters at work.