Written answers
Tuesday, 11 April 2017
Department of Jobs, Enterprise and Innovation
Workplace Safety
David Cullinane (Waterford, Sinn Fein)
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777. To ask the Minister for Jobs, Enterprise and Innovation if she will provide examples of appropriate identification as described in SI 291 of 2013 - Safety, Health and Welfare at Work (Construction) Regulations 2014 - Schedule 5 (2) (b); if examples of identification that would not be seen as appropriate can also be provided; and if she will make a statement on the matter. [18064/17]
Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Safety, Health and Welfare at Work (Construction) Regulations 2014 do not specifically prescribe a definition of appropriate identification.
For the Deputy’s information, in practice, an example of appropriate identification would be a letter from the employer stating the trainees name, what training the trainee is undertaking, when they began the training, the name of the competent person supervising the trainee together with some photographic identification (this photo identification could include the operative’s Safe Pass card).
Another form of acceptable identification would be a SOLAS ‘Trainee Card’ where the trainee had undertaken SOLAS new entrant training on the activity they are engaging in and are receiving training.
It is not possible to provide details of inappropriate identification but people are encouraged to use the forms of identification referred to above.
David Cullinane (Waterford, Sinn Fein)
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778. To ask the Minister for Jobs, Enterprise and Innovation the meaning of "competent person" as described in SI number 291 of 2013 - Safety, Health and Welfare at Work (Construction) Regulations 2014 - Schedule 5 (2) (a); and if she will make a statement on the matter. [18065/17]
Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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A competent person is defined in section 2 of the Safety, Health and Welfare at Work Act 2005 as:
“(2) (a) For the purposes of the relevant statutory provisions, a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size or hazards (or both of them) of the undertaking or establishment in which he or she undertakes work, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken.”
This definition is effective in regard to “the relevant statutory provisions” which relate to all Regulations made by the Minister under the provisions of the 2005 Act. Therefore, this can be related to Schedule 5(2)(a) of the Safety, Health and Welfare at Work (Construction) Regulations 2013 as follows, a person would be deemed competent to supervise somebody under training where he or she had sufficient training, experience and knowledge appropriate to supervise the trainee in the carrying out of the activity they are being trained in. This can include a person who themselves are trained and competent in the carrying out of the specific activity (e.g. a trained scaffolder might supervise a trainee scaffolder).
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