The maximum fine for breaches of health and safety in the workplace has been increased to €3 million and two years in jail under the new Safety, Health and Welfare at Work Act signed into law today.
The Act will also require employees doing certain jobs to submit to drug testing. This requirement will not come into force until the Health and Safety Authority (HSA) has consulted the Social Partners and other interested groups about how the testing would be carried out.
Minister of State Tony Killeen
The main focus of the new Act, which comes into effect from September 1st, is to prevent deaths and injuries in the workplace.
Speaking this morning, Minister of State Tony Killeen said "Testing for intoxicants will only be carried out in safety critical situations and then only on a sectoral basis. It is important to allay fears that testing will be a requirement across all employments. There is no such intention."
On-the-spot fines for both employers and employees are also being introduced under the Act.
"The Act places duties on both employers and workers alike and I envisage that the on-the-spot fines will apply to both where a HSA inspector finds clear breaches of the health and safety code," said Mr Killeen.
He added: "It is 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."
Employees dismissed or penalised because of observing safety regulations are also protected under the Act. "Where an employee is victimised or otherwise penalised for their legitimate health and safety activities the Act provides for redress. An employee is entitled to appeal to a Rights Commissioner for a determination. In the event of a further appeal, this can be heard by the Labour Court," said Mr Killeen.
Mr Tom Beegan, CEO of the HSA said: "I believe that the new Health, Safety and Welfare at Work Act 2005 is a dynamic and modern piece of legislation . . . I very much welcome the increase in fines and penalties as 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."
Mr Beegan said the HSA would be holding seminars nationwide during August as part of a major awareness-raising campaign.
The Chambers of Commerce of Ireland called on all employers to proactively review and revise their health and safety procedures to fully comply with the new Act.