Fergus O'Dowd (Louth, Fine Gael)
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100. To ask the Minister for Jobs, Enterprise and Innovation the way in which her Department responded to the declaration of the status red alert weather warning as regards its own employees; and if she will make a statement on the matter. [47921/17]

Fergus O'Dowd (Louth, Fine Gael)
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101. To ask the Minister for Jobs, Enterprise and Innovation the protocols in place or the rules or guidelines that issued by her Department to employers during a status red weather warning; the guidance that was issued to employers, to the self employed and to those working in the public sector in relation to turning up for work on 16 October 2017 during the status red storm warning; her views on whether binding statutory regulations should be in place to protect workers and save lives (details supplied). [47972/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 100 and 101 together.

I would first of all like to express my condolences to the families of Fintan Goss, Clare O’Neill and Michael Pyke who tragically lost their lives during Storm Ophelia. Storm Ophelia was, of course, an unprecedented weather event in Ireland and while overall the event was well managed there are certainly lessons to be learned.

The national response to Storm Ophelia was coordinated by my colleague, the Minister for Housing, Planning and Local Government, Eoghan Murphy T.D., and the National Emergency Coordination Committee. I understand that the response to Storm Ophelia is being reviewed and a report will be prepared which will be submitted to the Government Taskforce on Emergency Planning for its attention before being submitted for the approval of Government in January 2018.  A number of issues already identified for consideration as part of the review related primarily to having arrangements in place to the greatest extent possible pre-emergency, so that appropriate processes can be activated without delay, as required.

In relation to health and safety in the workplace, I would point out that employers have a duty to ensure the safety and health of persons at work and must manage work activities to ensure, so far as is reasonably practicable, the safety and health of their employees while they are at work. The legal duty of care for employers relates both to the workplace and while persons are travelling for the purposes of work. However, employers do not have a specific legal duty under occupational safety and health legislation in relation to commuting to and from work.  I note, however, that many employers, both private and public sector, closed their places of work of their own volition not because of the risk to employees while at their place of work but because of the significant risks associated with travelling on roads during the storm and in this regard the closure of workplaces most likely contributed to the saving of lives.

In respect of the staff within my Department, they were advised not to come to work on Monday 16 October. In this regard, upon a red weather warning status being announced for the whole country on Sunday, a decision was taken by the Secretary General to keep our buildings closed on Monday and this was communicated to staff across the Department. Notices were also displayed on buildings to ensure that any staff who turned up on Monday morning also got the message and returned home.