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Application of the Convention in practice. With reference to its previous comment concerning the measures taken to address the increase in fatalities in agriculture, forestry and fishing, the Committee notes the information provided by the Government that these sectors continued to be among the sectors with the highest fatality rates. The Government reports that the Health and Safety Authority (HSA) therefore carries out targeted inspection activities in agriculture, and that a great number of preventive and awareness-raising activities (including media campaigns, seminars, discussion groups, the involvement of rural promoters and interested stakeholders, lessons on OSH in agriculture and fishing in schools, etc.) have been undertaken to improve safety and health standards in these sectors. In this respect, the Committee also notes the Government’s reference to the online risk-assessment tools available to farmers, including those who are running small businesses. The Committee also notes with interest that the Government introduced the so-called “Farm Safety Scheme” under which farmers could apply (between October 2014 and January 2015) for financial assistance from the Government to help them improve safety standards, particularly through the purchase of safety equipment and tools. The Committee requests the Government to provide more information on the “Farm Safety Scheme”, including the number of applicants to whom financial assistance has been granted, and the safety measures taken at agricultural workplaces as a result. The Committee also requests the Government to provide information on the impact of all the activities referred to by the Government (targeted inspection visits, preventive activities, self-assessment online tools and the Farm Safety Scheme) in terms of improved safety standards at agricultural workplaces and reduced numbers of occupational accidents and diseases. In this respect, the Committee requests the Government to continue providing information on the numbers of occupational accidents and diseases in agriculture, forestry and fishing.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Application in practice. The Committee notes the detailed statistical information, disaggregated by sector, occupation, gender, age, nationality, injury and illness type, etc. contained in the Health and Safety Authority’s Summary of Workplace Injury, Illness and Fatality Statistics 2009–10. The Committee notes that the highest number of recorded fatalities in 2010 was in the agriculture, forestry and fishing sector and that the rate of fatalities per 100,000 workers in this sector has seen a significant increase in 2010 compared with previous years. The Committee requests the Government to provide further information on the measures taken or envisaged to address the increase in recorded fatalities in the agriculture, forestry and fishing sector, and to continue to supply information on the application of the Convention in practice.

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Article 8 of the Convention. The Committee notes the information provided by the Government, and in particular the reference to recent texts that have been adopted, including regulations and codes of practice issued under the Safety, Health and Welfare at Work Act, 2005, which give further effect to this provision of the Convention. The Committee invites the Government to continue to provide information on the application of Article 8 of the Convention.
Part V of the report form. Application in practice. The Committee welcomes the detailed information contained in the Health and Safety Authority’s Annual Reports and the publications summarizing workplace injury, illness and fatality statistics. The Committee in particular notes with interest the detailed statistical information, disaggregated by sector, occupation, gender, age, nationality, injury and illness type, etc. contained in the Health and Safety Authority’s Summary of Workplace Injury, Illness and Fatality Statistics 2009–10. The Committee notes that the highest number of recorded fatalities in 2010 was in the agriculture, forestry and fishing sector and that the rate of fatalities per 100,000 workers in this sector has seen a significant increase in 2010 compared with previous years. The Committee requests the Government to provide further information on the measures taken or envisaged to address the increase in recorded fatalities in the agriculture, forestry and fishing sector, and to continue to supply information on the application of the Convention in practice.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.
Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.
Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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The Committee notes the detailed information contained in the Government’s report.

2. Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

3. Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

4. Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

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The Committee notes the information provided by the Government in its reports. It would be grateful if the Government would provide information on the following points.

Article 3(e) of the Convention- whether, in the occupational safety and health arrangements, the term "health", in relation to work, indicates not merely the absence of disease or infirmity but also includes the physical and mental elements affecting health that are directly related to safety and hygiene at work.

Article 5(e)- whether the national policy on occupational safety and health takes into account the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 11(b)- whether health hazards due to the simultaneous exposure to several substances or agents are taken into consideration when the competent authority or authorities ensure the carrying out of the function of determination of work processes and substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control.

Article 11(c)- whether procedures are established and applied for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned.

Article 13- the legislative or other provisions that ensure that a worker who has removed himself from a work situation that he has reasonable justification to believe presents an imminent and serious danger to his life or health is protected from undue consequences.

Article 17- the legislative or other provisions requiring collaboration between two or more undertakings engaged in activities simultaneously at one workplace, in applying the requirements of the Convention.

Article 18- the legislative and other provisions requiring that employers are to provide for first-aid arrangements.

Article 19(d)- the measures taken to ensure that arrangements exist at the level of the undertaking for the representatives of workers in the undertaking to be given appropriate training in occupational safety and health. 

Article 19(e)- the measures taken to ensure that there are arrangements at the level of the undertaking for workers to inquire into, and to be consulted by the employer on, all aspects of occupational safety and health associated with their work; and for this purpose, for the possibility that technical advisers to be brought in from outside the undertaking, by mutual agreement.

Article 19(f)- the measures taken to ensure that the employer is under an obligation not to require the worker to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 20- information on the practical implementation of the cooperation between management and workers and/or their representatives within undertakings.

Article 21- the legislative or other provisions whereby occupational safety and health measures are not to involve any expenditure for workers.

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