No government agency is currently carrying out on-site health and safety inspections to ensure compliance with government guidelines on the Covid-19 virus, according to responses from various bodies which normally have an inspection role.
Last week, the Minister for Finance, Public Expenditure and Reform Paschal Donohoe said that responsibility for Covid-19 compliance rests with the HSE Environmental Health Service.
However, today the HSE's Dublin North East Regional Chief Environmental Health Officer has told Paul Murphy TD that the HSE Environmental Health Service has no statutory role in inspecting employee living accommodation or workplace health and safety.
Meanwhile the Health and Safety Authority has told RTÉ that its legislative remit encompasses occupational health and safety issues as opposed to public health, and that Covid-19 is a public health matter.
The Workplace Relations Commission which oversees compliance with employment rights ceased on-site inspections on March 13 "in line with government advice on social distancing".
The issue arose after it emerged that fruit distributor Keelings flew in 189 Bulgarian seasonal workers to harvest its current crop, and politicians queried whether social distancing was being complied with in their accommodation.
Keelings insisted the workers had been medically screened before leaving Bulgaria, would be screened again before commencing work, and were on restricted movement for 14 days.
The company subsequently confirmed to RTÉ that workers were sharing bedrooms, with up to 8 people in an apartment.
Paul Murphy TD wrote to the Health and Safety Authority asking them to inspect the situation at Keelings.
However, the HSA said its legislative remit encompasses occupational health and safety issues as opposed to public health, and that Covid-19 is a public health matter.
The HSA said it was providing advice and support to businesses and workers on implementing public health measures. It is also responding to complaints and queries and examining, "... including as necessary by inspection, those matters which come within our occupational health and safety remit."
On April 20, Deputy Murphy submitted an official complaint to the HSE in relation to potential breaches of Covid-19 guidelines at Keelings and requesting an inspection.
In its initial response, the HSE said the concerns expressed in his complaint "have been raised at the highest level with the Department of the Taoiseach and Department of Trade Enterprise and Innovation [sic] by the HSE in order to facilitate a co-ordinated response."
The letter states: "Officers from this department have been in contact with Keelings Central to give advice on arrangements that should be put in place within their premises to ensure the safety of their staff and prevent the spread of Covid 19. Keelings Central have identified to the EHO [Environmental Health Officer] of the arrangements and procedures in place to meet the guidelines.[sic]"
However, a subsequent response to Deputy Murphy from the Dublin North East Regional Chief Environmental Health Officer Shane Keane confirms that: "the HSE Environmental Health Service has no statutory role in the inspection of employee living accommodation or workplace health and safety."
Responding recently to a number of other queries from politicians, Minister Heather Humphreys noted that the National Standards Authority of Ireland has provided a Covid-19 Workplace Protection and Improvement Guide to assist workplaces.
She says: "There are a number of avenues through which businesses may be inspected through the HSE'S Environmental Health Officers who have public health and environmental functions.
"While the Health and Safety Authority (HSA), which is responsible for the enforcement of occupational safety and health legislation, does not have an overarching public health role, I have asked my officials to explore how, in addition to the information already being provided by the HSA, the advisory and inspection functions of the Authority can contribute to ensuring that public health guidelines concerning COVID-19 are adhered to in workplaces and how employers and employees can be further supported," said the Minister.
She said the HSE continued to deal with matters "directly related to statutory occupational safety and health requirements such as the provision of PPE" - and its Workplace Contact Unit follows up on complaints about companies with regard to non-compliance with public health measures.
The Minister said the WRC Information and Customer Services unit was providing information through a telephone call-in service staffed by experienced Information Officers.
Paul Murphy TD said: "I have been passed from Billy to Jack in trying to get someone to inspect Keelings to ensure their workers are safe.
"The HSA has said that they have no role in overseeing the Covid-19 guidelines, although Minister Humphreys said in a reply to me that she's talking to her officials about it.
"The Minister for Finance explicitly said that it is the HSE which oversees it. However, now the HSE has said it is not their role. The government needs to urgently address this, so Keelings workers and others can be protected."
Ged Nash TD, Labour's Employment Affairs spokesperson, has said: "There has been an intense focus on the arrival of seasonal workers to work in the horticulture sector in Ireland yet my calls for an inspection of their accommodation to ensure that the workers are properly and safely housed have to date gone unanswered.
"I am being passed from agency to agency and section to section with no agency prepared to take sole responsibility. Simple requests I have made to carry out on-site verification of the company's claims have been met with buck-passing and arguments around statutory responsibility, notwithstanding the best efforts of some local public officials to do the right thing.
"Nothing matters more than the health and safety of these workers and the wider community. If this means making some agencies step outside of their statutory remits and stepping on someone's toes in the context of a global emergency, then so be it. That's a price worth paying to protect everyone's health.
"On a broader note, I have received countless calls from trade unions, workers and businesses across the country who have sought the advice and support of various agencies around the implementation of social distancing and the operation of essential versus non-essential businesses.
"While agencies might provide advice, the people who have contacted me cannot point to any evidence of on the ground inspections taking place.
"What the government has been asking us to do is in the best interests of fighting the pandemic but the weakness is that the bulk of those asks have no grounding in legislation or regulation.
"This means certain important measures are incapable of being properly enforced, tying the hands of the agencies.
"As we move towards a gradual re-opening of certain economic sectors, we need to be clear who is responsible for what, and what penalties will be in place for non-compliance."
