Written answers

Wednesday, 17 January 2024

Department of Enterprise, Trade and Employment

Health and Safety

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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430. To ask the Minister for Enterprise, Trade and Employment what recourse an employee has when the regulations on the right to sit in SI. No. 358/1995 are not being adhered to; and if he will make a statement on the matter. [57322/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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The Health and Safety Authority (HSA) can be contacted where an employee believes that workplace health and safety legislation is not being complied with.

This can be done using their online complaint form (available on hsa.ie), by telephone at 0818 289 38 (9:00 a.m. to 3:00 p.m. Monday – Friday) or by post to HSA Contact Centre, Health and Safety Authority, Metropolitan Building, James Joyce Street, Dublin 1.

Alternatively, the Authority can be contacted on the following email address:contactus@hsa.ie.

Under the Safety Health and Welfare at Work Act, 2005, employers have an obligation to ensure, so far as is reasonably practicable, the safety, health and welfare of employees at work. Employers have a duty to undertake a risk assessment to identify the hazards in the workplace and to put in place appropriate controls to protect employees.

The Safety, Health and Welfare at Work (General Application) Regulations 2007 makes specific provision for employees to be afforded opportunities for sitting in the course of their employment. Part 2 Chapter 1, 18. (c) of the Regulations state that “An employer shall ensure that where any employees have in the course of their employment reasonable opportunities for sitting without detriment to their work, or where a substantial proportion of any work done by employees can properly be done sitting, suitable facilities for sitting are provided and maintained for their use, or if this is not practical, they are otherwise ergonomically supported”.

The HSA provides guidance for employers and employees in relation to these regulations, which is available on their website,and offers the following: “Working in a standing position for a long period can cause sore feet, swelling of the legs, varicose veins, muscular fatigue, lower back pain and stiffness in the neck and shoulders. Seating is required where most of the job can be carried out while seated or where there may be opportunities for workers for sitting down between tasks without detriment to their work. If seating is not practical, some other form of support is required so that workers are protected from the health effects of prolonged standing. Other means of ergonomic support include foot-rails/rests and elbow supports for precision work. Examples of where this may be practical and should be given consideration by employers are in retail outlets at sales points or cash registers, or where employees are demonstrating products within a retail outlet. Other examples include service industries, such as bar work, at periods when there are no customers awaiting service. Any seating provided should be a suitable chair with a back and not a bench.”

Additionally, under the HSA’s free online safety statement and risk assessment tool for small businesses, employers are reminded to risk assess ‘Standing for long periods’ and ‘Sitting for long periods’.

All complaints and concerns about workplace safety, health and welfare are treated seriously and confidentially by the HSA.

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