Written answers

Wednesday, 25 May 2016

Department of Jobs, Enterprise and Innovation

Health and Safety Regulations

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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355. To ask the Minister for Jobs, Enterprise and Innovation if she will confirm that a sport activity and competition (details supplied) lie outside the remit of the Safety, Health and Welfare at Work Act 2005; if she will confirm that such events are not defined as workplaces in the context of the Act; if she will confirm that the investigation of injuries and fatalities in sport is outside the remit of the Health and Safety Authority; and if she will make a statement on the matter. [12220/16]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Safety Health and Welfare at Work Act 2005 (the Act), makes provision for securing the safety health and welfare of persons at work and covers all those at work including the self-employed.

In reference to any activity or sector, the Act only applies where there is a work activity or likely to be one carried out in the near future.

The Act defines a place of work as including any place (whether or not within or forming part of a building or structure), land or other location at, in or near which, work is carried on whether occasionally or otherwise. Whether or not a sports or show jumping event comes within the remit of the Authority is therefore dependant on the nature of the involvement of those participating in the event. Any person who is involved in such an event in a professional, self-employed or employee capacity is covered by the Act. For sporting events, this may include those participating in the event as well as those who may be present to provide associated services to the event.

The investigation of any injury/fatality by the Authority is dependent on whether the activity at the time of the accident comes within the remit of the Authority. As indicated, this will be directed by whether or not persons were engaged in or affected by a work activity at the time and place of the incident.

Thus, in the context of show jumping, where an injury or fatality occurs, this may be subject to investigation by the Authority where it is determined that the incident involved work activity.

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