Written answers

Thursday, 24 September 2020

Department of Trade, Enterprise and Employment

Covid-19 Pandemic

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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61. To ask the Minister for Trade, Enterprise and Employment the recourse an employee has if their employer demands they attend the workplace rather than working from home with no apparent reason; and if there is no recourse, if he will consider formulating a procedure to resolve such disputes. [26110/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The national Return to Work Safely Protocol, introduced in May, 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 sets out in very clear terms for employers and workers the steps that should have been taken before a workplace reopens and as it continues to operate. It can be used by all workplaces to adapt procedures and practices to ensure compliance with the COVID-19 related public health protection measures identified as necessary by the Health Service Executive and the Department of Health.

As with other matters relating to the health and safety of employees, the responsibility for deciding what essential work may require attendance at the workplace, and what work can be carried out at home remains with the employer, bearing in mind the public health advice that where possible employees should work remotely. In instances where employees have returned to the physical workplace the employer must ensure that the public health measures set out in the national Return to Work Safely Protocol are being adhered to.

However, none of the public health measures announced by Government create an entitlement or an employment right for an employee to work remotely. Employees and Employers should engage to discuss the matter and if possible, come to an agreement. If agreement is not possible, it is for the employer to decide whether remote working arrangements are practicable in meeting the business’s needs.

Separately any employee can contact the Health and Safety Authority’s Workplace Contact Unit (WCU) for detailed advice relating to the national Return to Work Protocol. The WCU can be contacted by phone at Lo-call 1890289389 (landline) or (01) 6147000 or by email at wcu@hsa.ie.

The objective at all times should be to resolve workplace relations issues and disputes at a local level by means of constructive dialogue and engagement between the parties. Where this is not possible a dispute may be referred to the State's Workplace Relations Services for conciliation or mediation. Any industrial relations dispute arising, whether of a collective or individual nature, may be referred to the WRC. In the context of the former, either party (workers or employer) may refer the issues in dispute for conciliation with a view to reaching a mutually agreeable resolution with the assistance of an Industrial Relations Officer.

The WRC is providing services both on a face to face basis and virtually. Advice can be obtained from the Information & Customer Service of the Workplace Relations Commission Lo-call: 1890 80 80 90, : 059 9178990 or from its website www.wrc.ie.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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62. To ask the Minister for Trade, Enterprise and Employment if he will bring forward legislation to ensure workers in meat plants have access to a sick scheme as a safety measure in view of Covid-19 outbreaks; and if he will make a statement on the matter. [26176/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Our employment rights frameworks are horizontal, meaning that any statutory employment right must protect all workers and cannot discriminate on a sectoral or other basis. I have this week announced my intention to examine how a statutory right to sick pay can be delivered to all workers in Ireland in a fair and proportionate manner.

While we do not currently have a statutory right to sick pay in Ireland, it is important to note that sick leave often forms part of the terms and conditions of employment contracts that are offered by employers and agreed by employees on a voluntary basis. Collective bargaining has of course achieved sick leave safety nets for very many workers in Ireland.

We have an Illness Benefit Scheme that is administered by the Department of Social Protection. This scheme has been enhanced in the circumstances presented by the Covid-19 pandemic and any employee is entitled to the benefit from the very first day of illness first day of illness allowing employers to comply with medical advice to self-isolate to mitigate the spread of the virus.

I want to reiterate that the Government sees many benefits associated with the introduction of a statutory entitlements for short-term illness for all workers. However, we need to identify the specific problem or challenge that the absence of such an entitlement is creating and the most efficient and fair manner of addressing that challenge.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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63. To ask the Minister for Trade, Enterprise and Employment the number of meat processing plants inspected by the HSA to date since the Covid-19 crisis began; the number of facilities found to be in breach of Covid-19 workplace guidelines; and the penalties that have been or will be levied. [26177/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The national Return to Work Safely Protocol, introduced in May, 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 sets out in very clear terms the procedures and practices to be followed in all workplaces to ensure compliance with the COVID-19 related public health protection measures identified as necessary by the Health Service Executive and the Department of Health.

The Health and Safety Authority is the lead Agency in relation to checking compliance with the Protocol. However, in relation to the inspection of meat plants, it is supported by the Department of Agriculture, Food and the Marine (DAFM) which has a permanent presence at 49 of the 149 DAFM approved meat premises and which also carries out inspections related to the national Return to Work Safely Protocol under an MOU with the HSA.

I have been advised by the Health and Safety Authority that it has completed 81 inspections/investigations of meat processing plants since the lifting of restrictions on 18May 2020 up to 16September 2020 including ones with COVID-19 outbreaks. The Health and Safety Authority has further advised that 12 of these were revisits.

Health and Safety Authority inspectors have observed a generally high level of compliance with the recommended measures to limit the spread of COVID-19 in a workplace context, in line with the Interim Guidance issued by the National Outbreak Control Team. While inspectors have issued written Reports of Inspections (ROIs) in respect of the meat plants inspected no prosecutions have been taken or penalties imposed as a result of inspections by the Health and Safety Authority.

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