Written answers

Friday, 7 September 2018

Department of Jobs, Enterprise and Innovation

Health and Safety Authority Data

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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526. To ask the Minister for Jobs, Enterprise and Innovation the number of convictions and prosecutions obtained by the Health and Safety Authority in 2016, 2017 and to date in 2018, in tabular form; and if she will make a statement on the matter. [35911/18]

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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527. To ask the Minister for Jobs, Enterprise and Innovation the number and amount of fines imposed by the Health and Safety Authority in 2016, 2017 and to date in 2018, in tabular form; and if she will make a statement on the matter. [35912/18]

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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528. To ask the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by health and safety inspectors in 2016, 2017 and to date in 2018; the number of these that were unannounced; and if she will make a statement on the matter. [35913/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I propose to take Questions Nos. 526 to 528, inclusive, together.

PQ NoQuestion201620172018 to 03 September 2018
35911/18Number of prosecutions taken and convictions obtained by the Authority 1  17 (9 on Indictment and 8 Summarily)21 (12 on Indictment and 9 Summarily)11 (7 on Indictment and 4 Summarily)
35912/18Number and amount of fines imposed by the Courts on behalf of the Authority 1Total €614,00 (€585,000 on Indictment and €29,000 Summarily) 1 case was dismissedTotal €2,695,500 (€2,659,00 on Indictment and €36,500 Summarily) 3 cases were dismissedTotal (€571,872 on Indictment and €8,500 Summarily) 1 case was dismissed
35912/18Number of fixed payment notices (FPNs) issued by the Authority 20013 FPNs - total €5,700
35913/18Number of Inspections (also includes investigations 3) carried out by the Authority 410,4779,9346,769

1The DPP takes prosecutions on behalf of the Health and Safety Authority at two levels in the Courts, these are on indictment in the Circuit Court before a jury and summarily before a Judge in the District Court. The upper limit that the Circuit Court can impose fines on conviction up to €3 million per count or imprisonment up to 2 years, while the District Court has an upper limit of €5,000 fine per count on conviction or imprisonment up to 6 months.

In a number of cases in the Courts, the Judge may dismiss the case taken by the Authority. In 2016, 1 case was dismissed, 3 in 2017 and 1 in 2018. The judge may also dismiss the case if the defendant makes a contribution to the Court poor box. These include 1 in 2016 for €2,000 and 2 in 2017 for €5,000 and €2,000.

2Under Regulation 28 of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2018, a HSA inspector can issue a ‘fixed payment notice’ (FPN) for alleged offence(s) of the Regulations. The payment amount for each alleged offence referenced in a FPN relates to the category of the alleged offence and can be €100, €250 or €500 for category III, II and I alleged offences respectively.

3Health and Safety Authority Inspectors carry out targeted inspections and investigations across all work sectors and work activities that come under the Safety, Health and Welfare at Work Act 2005 and the Chemicals Act 2008. Most inspections are targeted at the high risk sectors such as construction, agriculture, forestry, manufacturing, health care, mines, quarries, transport of dangerous goods by road, or the chemical sectors. Other inspections can be part of a particular safety awareness campaign e.g. on manual handling, on slips, trips or falls or on compliance with the REACH Regulation.

4 Each year the HSA carries out approximately 200 investigations. These investigations include all fatal accidents and selected serious accidents which are connected to work activities. Furthermore approximately 800 investigations of complaints made by workers and members of the public about workplace health and safety issues are carried out annually. These investigations are included in the above figures.

Over 90% of the targeted inspections and complaint investigations carried out by the HSA are unannounced. In the case of accident investigations the majority of these are announced. This is to ensure that the appropriate persons are available to the investigating inspector at the workplace for providing information, being interviewed as witnesses and for providing statements. Some follow up inspections may also be announced when these involve checking for compliance with a previously served Prohibition or Improvement Notice.

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