Written answers

Wednesday, 27 May 2020

Department of Jobs, Enterprise and Innovation

Covid-19 Pandemic

Photo of Gerald NashGerald Nash (Louth, Labour)
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408. To ask the Minister for Jobs, Enterprise and Innovation the provisions she plans to put in place to protect workers who make complaints to the HSA over breaches of Covid-19 guidelines in their place of work; and if she will make a statement on the matter. [7236/20]

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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417. To ask the Minister for Jobs, Enterprise and Innovation if she will establish a confidential phone line for employees to make complaints in respect of potential breaches by employers of health and safety measures and protocols aimed at preventing the spread of Covid-19. [7332/20]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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465. To ask the Minister for Jobs, Enterprise and Innovation the complaints process for the reporting and enforcement of breaches to the Return to Work Safely Protocol. [8059/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 408, 417 and 465 together.

The national Return to Work Safely Protocol is designed to support employers and workers to put measures in place that will prevent the spread of COVID-19 in the workplace. The Protocol should be used by all workplaces to adapt their workplace procedures and practices to comply fully with the COVID-19 related public health protection measures identified as necessary by the HSE and the Department of Health. It is operating in parallel with existing workplace health and safety statutory requirements.

The Health and Safety Authority is the lead Agency in relation to oversight and compliance with the Protocol. It will ensure compliance with the Protocol through a range of measures including advice, guidance, inspection and enforcement action as appropriate and as provided for in the Safety, Health and Welfare at Work Act 2005.

With regard to the establishment of a dedicated hotline for workers the Health and Safety Authority's workplace contact unit (WCU) is available to answer any queries employers, workers or members of the public may have in regard to all occupational safety and health matters including adherence with the provisions of Protocol. The WCU can be contacted by phone at 1890 289 389 or (01) 6147000 or at any time by email at wcu@hsa.ie, complaints to the WCU are managed on a completely confidential basis.

The resources of the WCU have been supplemented by the transfer of staff members from my Department to assist with the expected increased demand on the WCU as the number of workplaces reopening will increase over coming weeks.

It should be noted Section 27 of the Health, Safety and Welfare Act, 2005 prohibits an employer from penalising or threatening to penalise an employee with respect to any terms or condition of his/her employment, where the employee is exercising any right under safety and health legislation. The enforcement of Section 27 of the Health and Safety Act is a matter for the Workplace Relations Commission. Any employee who feels that their health and safety or employment rights have been breached in relation to COVID-19 in the workplace has recourse to the industrial mechanisms of the state.

I would, however, also highlight the fact that concerns a worker might have around adherence to the Protocol can, and should be, brought to the attention of the lead COVID-19 worker representative. The Protocol emphasises that collaboration, communication and exchange of information between employers and employees is vital and both employer and employee have a role to play and responsibilities towards each other.

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