Workplace safety laws could see bosses jailed
New health and safety laws for the workplace could fine firms up to €3m or jail bosses for a maximum of two years.
Drug-testing of staff and on-the-spot fines could also be introduced – but only after consultation with employers and unions.
The Health and Safety Authority (HAS) will also run a "name and shame" registry of rogue firms.
The new Health and Welfare at Work Act 2005, which replaces 16-year-old legislation, comes into force in September.
Signing the order today, Labour Affairs Minister Tony Killeen said: “This Act will be a serious wake-up call to employers who don’t do enough to prevent accidents at their places of employment.
“Workers also have a duty not to endanger themselves or others and to be alert to dangerous situations.”
Workplace deaths have dropped by 25% since 1989 when the labour force was almost half of what it is now.
However 50 were still killed in 2004 and 34 so far this year.
“Up to one half of the small employers in this country do little or certainly not enough to ensure a safe workplace,” said Mr Killeen.
The most common causes of accidents are slips, trips and falls at work and lifting habits which result in back injuries.
“Tidy workplaces cost little. Training in safe lifting posture is available and supervision is important,” he added.
HSA chief executive officer Tom Beegan said the legislation was dynamic, modern and very timely.
“I believe strongly that the level of fines and penalties should reflect the gravity which society attaches to breaches of the law, particularly those which result in death or injury.”
The HSA will begin holding 27 information seminars next month to make the new laws user-friendly to employers and workers.
The HSA will also “name and shame” businesses which have been guilty of health and safety breaches by setting up a register.
Minister Killeen said: “This is an important step in the direction of the public’s right to know.”
The Act also allows employers to drug test employees but this won’t be enforced until after consultation.
Mr Killeen said: “The requirement for testing for intoxicants will not come into force until the HSA has consulted the Social Partners and other interested groups.
One of the innovations in the Act is the power to make regulations for the imposition of on-the-spot fines for breaches of the health and safety code.
An employer with three or fewer employees must have an up-to-date safety statement and comply with a HSA code of practice.
Employees who are sacked or penalised for breaches of health and safety guidelines can appeal to a Rights Commissioner for redress.
New construction industry regulations will relate to signage, worker protective equipment, manual handling, electricity, first aid, night and shift work, pregnant employees and teens.
