David Cullinane (Waterford, Sinn Fein)
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170. To ask the Minister for Enterprise, Trade and Employment the number of occasions on which the Health and Safety Authority has prosecuted or sought prosecution of an employer for workplace bullying in each of the years 2019 to 2022. [4551/23]

David Cullinane (Waterford, Sinn Fein)
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171. To ask the Minister for Enterprise, Trade and Employment the number of occasions on which the Health and Safety Authority have prosecuted or sought prosecution of a public sector body or employer or employee for workplace bullying in each of the years 2019 to 2022. [4552/23]

David Cullinane (Waterford, Sinn Fein)
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172. To ask the Minister for Enterprise, Trade and Employment the number of occasions on which cases have been referred to the Health and Safety Authority relating to workplace bullying within the health service in each of the years 2019 to 2022. [4555/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
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I propose to take Questions Nos. 170, 171 and 172 together.

The Health and Safety Authority (HSA) has a broad mandate which includes enforcing occupational safety and health legislation in relation to workplaces and work activities.

In relation to the issue of workplace bullying, the HSA has prepared and published, jointly with the Workplace Relations Commission (WRC), a Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. This Code of Practice provides practical guidance for employers on identifying and preventing bullying at work arising from their duties under section 8 (2)(b) of the Safety, Health and Welfare at Work Act 2005 as regard “managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of his or her employees at risk”. The Code provides comprehensive guidance for employers on establishing both informal and formal mechanisms to deal with bullying complaints at enterprise level.

The HSA engages with employers through the inspection process to ensure that they have a policy in place regarding the prevention of bullying at work and the processing of bullying complaints. Where an adequate policy on workplace bullying does not exist, an employee can register a complaint with HSA Contact Centre. While the HSA does not get involved in mediating or investigating individual bullying complaints, when a complaint of workplace bullying is received, the HSA uses its statutory powers to ensure that an employer has a suitable workplace bullying policy in place to deal with the complaint and, if necessary, to assess whether or not the employer’s actions in dealing with the complaint were adequate.

It is worth noting that a number of individual bullying grievances have been dealt with through mediation by the WRC Services over the past number of years. The Adjudication Service also deals with such disputes – they are independent adjudicators, and they investigate disputes referred to them by individuals or small groups of workers under specific legislation.

If an employee feels they are being penalised at work because they raised a bullying issue, they can pursue this matter, through the provisions of Section 27 of the Safety, Health and Welfare at Work Act 2005, by contacting the WRC for advice.

The Health and Safety Authority has not prosecuted or sought prosecution of any employer or employee in the private sector or in any public or private sector body for workplace bullying in the years 2019 to 2022.

The HSA has confirmed that nine (9) cases of workplace bullying relating to employment within the health service were reported to its Contact Centre for the period 2019 to 2022.