Proposed safety legislation could see employers fined or prosecuted

People who commission, procure or construct a place of work will have to appoint a competent person to ensure construction is…

People who commission, procure or construct a place of work will have to appoint a competent person to ensure construction is carried out safely and without risk to health under a provision that may be introduced in a new law, an Oireachtas committee was told yesterday.

The new law may also allow for on-the-spot fines for breaches of safety regulations.

Mr Frank Fahey, Minister of State at the Department of Enterprise, Trade and Employment, told the Joint Committee on Enterprise and Small Business that the fines, if paid within a set period, would ensure against prosecution. The amount of the fines would be in the order of "about €100".

Directors and managers may be made liable in certain circumstances for workplace accidents, he said.

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He said he is to propose two levels of prosecution: summary prosecution before the District or Circuit courts or prosecution on indictment in the Circuit Court. In the latter case, prosecution could lead to imprisonment.

Mr Fahey said he is recommending that the bill allow for the Health and Safety Authority to publish a list of those who have had fines imposed by the courts or against whom other stated measures have been taken.

Mr Fahey said he hoped the new bill would be circulated by the end of May or early June.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent