Written answers

Thursday, 8 December 2016

Department of Jobs, Enterprise and Innovation

Health and Safety Regulations

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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250. To ask the Minister for Jobs, Enterprise and Innovation her plans to make regulations under section 58 of the Safety, Health and Welfare at Work Act 2005 imposing specific requirements as to facilities and arrangements for first aid arrangements in gyms, including the provision of defibrillators and staff trained in their use and in CPR; and if she will make a statement on the matter. [39163/16]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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The Safety, Health and Welfare at Work Act 2005 imposes a responsibility on employers to ensure the safety of his or her employees. This responsibility extends to the provision of suitable first- aid facilities dependent on the number of employees. The statutory requirements regarding the provision of first aid are set down in Chapter 2 of Part 7 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016. This legislation requires employers to have a sufficient number of trained occupational first aiders and first aid equipment in the workplace, based on a risk assessment. These provisions apply to all places of work and all employers, including employment in gyms, the responsibilities imposed by the Safety, Health and Welfare at Work Act 2005 and its related Regulations do not extend beyond the provision of first aid facilities to employees. While the issue of wider public safety is not within the remit of my Department, some work places can include areas accessible to the public areas, such as gyms, and in these cases it is the responsibility of the management to ensure there is a trained first aider and first aid equipment available. The Health and Safety Authority’s Guidelines on First Aid at Places of Work,published in 2008, provide a practical guide to employers including help in determining the number of trained occupational first aiders required having regard to the number of employees and the type of industry involved.

It is the responsibility of the employer to ensure that adequate first aid training is provided to an employee who is designated to be occupational first aider. The employer is required to make the appropriate arrangements for first-aid training. Under the terms of the Safety, Health and Welfare at Work Act 2005, any employees attending such training shall not be at any loss for their participation in such training. The employer is also responsible for ensuring that designated employees are afforded the opportunity to refresh their first-aid training at regular intervals and at a minimum of every two years.

The comprehensive guidance and information in the HSA Guidelines on First Aid at Places of Workincludes information on occupational first aid training standards and certification, and the requirements for Occupational First Aid training providers.

There is no legislative requirement on an employer to have an automatic external defibrillator (AED) in the workplace. However, it is good practice, in line with the advice for employers in the HSA Guidelines on First Aid at Places of Work,for employers to consider the provision of an AED in the workplace. This may not, of course, prove to be feasible for some small businesses in view of the potentially high initial costs and the need to ensure ongoing maintenance. There are, however, good examples of a number of small businesses combining in a shared arrangement, notably in work locations such as shopping centres, gyms and small business enterprise centres. The operation of defibrillators (AEDs) is part of the initial and refresher training provided for occupational first aiders.

The provision of first aid arrangements and the supply of defibrillators in facilities intended for recreational use does not come under the remit of the Safety, Health and Welfare at Work Act 2005.

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