MORE stringent penalties, including jail sentences for offending employers, would probably reduce the soaring accident rates in the workplace, according to the chief inspector of the Health and Safety Authority (HSA), Mr Michael Henry.
Last year fatal accidents in the workplace rose by 60 per cent. Mr Henry said the judiciary, the office of the Director of Public Prosecutions (DPP) and the Chief State Solicitor's office seemed to be adopting a lenient approach to the issue.
The authority has still "to take a case on indictment because the DPP and the Chief State Solicitor's offices don't feel it is appropriate", Mr Henry says. The authority has taken cases to the circuit courts but the fines imposed were not generally any more severe than those imposed in the district courts.
Fines as low as £25 were being imposed, even for serious breaches of the regulations, he said. The maximum fine provided for is £1,000 but the maximum fines imposed are usually £400 to £500.
While the 1989 Health and Safety Act "is very much criminal legislation, it is generally classified as quasi criminal in this area. More stringent fines and jail sentences would probably have more effect," he says.
Last year, the HSA issued 138 prohibition orders to protect workers in imminent danger at work, compared with 91 in 1994. There were 1,376 improvement notices. Improvement notices are issued to deal with less pressing threats to employees.
Mr Henry said that while the emphasis was still very much on education, prevention and seeking the co operation of employers, "there has been a move away from the carrot to the stick approach over the last year".
He was commenting after the Minister of State for Labour, Ms Eithne Fitzgerald, revealed that 78 deaths were reported to the HSA last year, compared with 50 in 1994.
The greatest number of fatalities was in the fishing industry. The figure rose from one in 1994 to 19 last year. The next most dangerous sector was agriculture, with 28 deaths in 1995. There were 13 deaths in construction and maintenance, nine in transport and four in manufacturing.
Insurance for public and employer liability cost employers £200 million last year, Ms Fitzgerald said. If accidents could be reduced by even 20 per cent through better workplace safety, this would save £40 million. This, in turn, could generate more jobs.
The accident rates and penalties for breaches of regulations have also been criticised by the construction industry trade unions.