The operators of Go Safe speed detection vans have used their time in the vans during speed monitoring sessions to learn musical instruments and to study for diplomas and degrees.
That is according to counsel for Go Safe, Kevin Bell, who told a Workplace Relations Commission (WRC) hearing in Ennis that Go Safe staff are not required to look at the speed camera at all times.
Mr Bell told the hearing that during a two hour monitoring session Go Safe employees are required to remain in the vans to maintain a chain of evidence for speeding prosecutions in courts.
He said that Go Safe monitoring staff "have used monitoring sessions to learn musical instruments, to study for diplomas and degrees and to use the two hour monitoring session more or less as they see fit".
Go Safe is contracted by the State to deploy speed detection vans across the country's road network and Mr Bell told the hearing that on average, Go Safe vans detect between one and two speeding vehicles per hour during a monitoring session.
At the hearing, four Go Safe employees, represented by SIPTU Workers’ Rights Advocate, Andrea Cleere, alleged that Go Safe is in breach of workplace legislation concerning the taking of rest breaks.
Cavan based Go Safe operator, Niall Walsh said that he was required to monitor the speed detection camera "constantly due to changing weather conditions".
Asked by Ms Cleere does he have the opportunity to take rest breaks, Mr Walsh said: "I would be able to but then I wouldn’t be able to monitor the equipment."
The three other complainants are Go Safe employees based out of the firm's Portlaoise depot and Ms Cleere said that the workers are required to have their break at their work station with constant engagement with work activities.
Mr Bell said that Mr Walsh and other Go Safe monitoring staff are not required to watch cars from the van.
He asked Mr Walsh would it satisfy his concerns that he doesn’t have to monitor the equipment and was free to do what he liked in the van during his rest time as is the current situation, Mr Walsh hesitated and then replied: "I would have to know a lot more detail about that."
Mr Bell told the hearing that "the complainants have said during monitoring sessions they are required to look at cameras at all times - that is incorrect".
He also stated that the complainants "have all asserted that they are not permitted to leave vehicles during their breaks and that allegation is incorrect".
Mr Bell stated that Go Safe has a policy in place concerning employees being able to leave the vehicles during their breaks to stretch their legs and get some fresh air.
He added that the policy has safety and security safeguards in place "as speed cameras aren't popular within the country and are at risk of vandalism and monitoring operators are at the risk of assault".
"The operator is entitled to leave the van during their breaks and therefore the entire premise of the claim that their breaks are not in compliance with statute clearly falls away because they are allowed to leave the van at their discretion," Mr Bell claimed.
Mr Bell stated the interior of the vans have been designed to be a comfortable workspace and operators are constantly canvassed for feedback and suggestions for improvements.
Mr Bell stated that a Labour Court ruling has already found that a vehicle is absolutely satisfactory as a location for taking a statutory break.
The WRC will issue its determination in the case at a future date.
- reporting by Gordon Deegan
