Catherine Murphy (Kildare North, Social Democrats)
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264. To ask the Minister for Jobs, Enterprise and Innovation the number of fatalities at State ports in the past five years to date due to workplace accidents; if one single health and safety charter exists for the sector; if she has met with port managers on this issue; her plans to engage will stakeholders in respect of health and safety issues at ports; and if she will make a statement on the matter. [42982/19]

Pat Breen (Clare, Fine Gael)
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The regulatory Agency for the enforcement of occupational safety and health across all workplaces within the State, including ports, docks and harbour facilities, is the Health and Safety Authority (HSA) which operates under the auspices of my Department.

I have been informed by the HSA that there has been six (6) fatalities in the ports, docks and harbour sectors in the last five full year periods between 2013 to 2018, and so far this year (2019) there has been an additional three (3) fatalities recorded by the Authority.

Fatal accidents on Docks 2015 - 2019

The two primary pieces of safety and health legislation that apply to ports, docks and harbours are the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007).

In addition, the HSA, in consultation with representatives from the Irish ports, docks and harbours sectors, and from the relevant trade unions, produced a Code of Practice, entitled "Code of Practice for Health and Safety in Dock Work" which came into effect on the 1st January 2016. This Code aims to provide practical guidelines, based on a risk management framework, to assist employers, employees and others in complying with their duties under the Safety, Health and Welfare at Work Act 2005. Under the 2005 Act codes of practice published or approved by the Authority are admissible as evidence to the Courts.

I would stress that ports, docks and harbours are all subject to the same occupational safety and health regime as every other workplace within the State. The safety and health of every employee at work is the responsibility of their respective employer. In situations where a person is at work in a place which is under the control of another employer the person who is considered to be in control of that place of work has an additional responsibility for that person.

Other legislation relating to operation and practices of seafarers on board merchant vessels while docked fall under the responsibility of the Minister for Transport, Tourism and Sport, while certain regulations relating to fishing vessels fall within the responsibility of the Minister for Agriculture, Food and the Marine.

I, along with the HSA, met with representatives of the Shannon/Foynes Port facility and used the opportunity to tour the facility. I also met recently with trade union representatives involved in the sector along with officials from the HSA and we had a good exchange of views on how health and safety matters might be better addressed in relation to ports, docks and harbours and on how general safety awareness can be increased. Separately, the HSA carried out a two-week national inspection campaign on the ports, docks and harbour sectors earlier this month.

I can assure the Deputy that the HSA will closely monitor work practices in ports, docks and harbours to ensure that work practices conform fully to health and safety requirements.