Written answers

Thursday, 9 February 2017

Department of Jobs, Enterprise and Innovation

Health and Safety Regulations

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

254. To ask the Minister for Jobs, Enterprise and Innovation the statutory role the Health and Safety Authority has for ensuring the health and safety of recreational users on fairground equipment, fair grounds and roller coasters; and if she will make a statement on the matter. [6600/17]

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

257. To ask the Minister for Jobs, Enterprise and Innovation the current regulatory framework in place to ensure the health and safety of users as well as public safety on fairground and funfair equipment and roller coasters; and if she will make a statement on the matter. [6603/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 254 and 257 together.

Regulation of public safety as regards fairgrounds and theme parks is subject to the provisions of the Planning and Development Act, 2000 which requires the owners of fairground equipment to have a valid certificate of safety under the aegis of the Department of Housing, Planning, Community and Local Government.

The Minister for Housing, Planning, Community and Local Government, Simon Coveney, T.D. has stated that he is currently reviewing issues in relation to safety at funfairs, theme parks and community events. I look forward to the outcome of that review.

The Health and Safety Authority (HSA) is the national statutory body with responsibility for ensuring that the provisions on workplace health and safety in the Safety, Health and Welfare at Work Act, 2005 are implemented so that those affected by work activity are protected from work-related injury and ill health. The 2005 Act places a range of duties on undertakings and individuals to ensure as far as reasonably practicable, the safety, health and welfare at work of employees.

The statutory remit of the HSA in relation to fairgrounds is exclusively concerned with the protection of persons at work and the protection of others where a work activity is taking place or is imminent. The HSA does not have statutory responsibility for ensuring the health and safety of users of fairground equipment nor has it any role in the regulation of public safety where the operation of funfair equipment used by members of the public is concerned.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

255. To ask the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by the Health and Safety Authority on fairground and funfair equipment and roller coasters over the 2011 to 2016 period here, in tabular form; the number of instances of health and safety breaches that were reported following such inspections; and if she will make a statement on the matter. [6601/17]

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

256. To ask the Minister for Jobs, Enterprise and Innovation the number of reported injuries reported to the Health and Safety Authority following use of fairground and funfair equipment and roller coasters by persons here over the 2011 to 2016 period on an annual basis, in tabular form; and if she will make a statement on the matter. [6602/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 255 and 256 together.

The statutory remit of the Health and Safety Authority (HSA) in relation to fairgrounds is exclusively concerned with the protection of persons at work and the protection of others where a work activity is taking place or is imminent. The HSA does not have a statutory responsibility for ensuring the health and safety of users of fairground equipment nor has it any role in the regulation of public safety where the operation of funfair equipment used by members of the public is concerned.  

The Authority carries out over 8,000 inspections each year in a variety of work sectors and work activities which come under the Safety, Health and Welfare at Work Act 2005. Most inspections are targeted at high risk sectors such as construction, agriculture, forestry, manufacturing, mines, quarries, transport of dangerous goods by road, or the chemical sectors.  

Employers in some sectors may be inspected only following a complaint or the notification of an adverse event to the Authority.  Accordingly, inspections in respect of the occupational safety of those working at amusement parks, theme parks and funfair sites have occurred only on a reactive basis. In 2011 a particular funfair site was the subject of a workplace inspection, and two further inspection visits took place in 2012. Inspections were carried out in two other funfair sites in 2014. All of these inspections focused on the duties of employers to their employees.  The Authority did not conduct any inspections of fairground and funfair equipment or roller coasters over the period indicated.  

The Authority has no responsibility for wider public safety issues, including matters that come under the aegis of my colleague the Minister for Housing Planning and Local Government, Simon Coveney TD, who is responsible for legislation relating to the regulation of fairground equipment and funfairs in section 239 of the Planning and Development Act 2000.  

Accidents and dangerous occurrences are required to be reported to the Authority in line with the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016 (S.I. No. 370 of 2016). In the case of an accident involving an employee at work, the employer is responsible for reporting the accident. In any other case (if the injured person is self-employed or a member of the public), the person responsible for reporting the accident is the person having control of the place of work at which the accident occurred.  

Within the range of work activity associated with amusement parks and theme parks, only four accidents were officially notified to the Authority between 2011 and 2016.  An assessment of the information submitted as part of these notifications indicates that the accidents concerned were not connected with the use of funfair or fairground equipment.

Comments

No comments

Log in or join to post a public comment.