The Government's delay in adopting regulations from the Health and Safety Authority (HSA), designed to save lives in the construction industry, is nothing short of scandalous. It is now more than five years since construction workers first protested on the streets of Dublin about unsafe conditions on building sites and the deaths and injuries of their colleagues.
But, while the Government promised to crack down on unscrupulous builders and to introduce on-the-spot fines, new legislation is still awaited and regulations submitted by the HSA 18 months ago are still being considered.
The construction industry is one of the main drivers of the economy and is currently working at full capacity. That happy situation should act as an incentive, rather than a deterrent, in encouraging Minister of State for Labour Tony Killeen to introduce the long-promised health and safety regulations. Nine people have already died on building sites this year, compared to a total of 15 in 2004. And the industry's safety record has been sharply criticised by the HSA.
Some progress has been made in recent years as a result of the efforts of the Construction Industry Federation (CIF), in association with Fás, the HSA and the Irish Congress of Trade Unions. But overall standards are still poor. A survey of 250 sites by the HSA in 2003 found that more than half of them failed to meet basic safety requirements. This led it to draft regulations that placed new responsibilities on both clients and project supervisors. The proposed changes would open up the prospect of criminal charges being brought against individuals if deliberate negligence or neglect of their responsibilities led to the deaths of workers. In particular, design supervisors would become responsible for the safety of temporary constructions on sites, such as scaffolding. The measure is currently being resisted by professional bodies representing architects, engineers and surveyors while other aspects of the draft regulations are opposed by construction companies.
Nobody wants to take responsibility for those fatal accidents and injuries that arise from negligence, greed and cost-cutting practices. But safety is not an optional extra. It must become a prime consideration on all building sites so that lives can be protected. For that to happen, the buck must stop with an identified individual. Two years ago, a company director was jailed for contempt for failing to implement basic, on-site safety standards. It was a useful message for some non-compliant companies, contractors and rogue builders. But more needs to be done.