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Dáil

Written answer

Departmental Bodies

1031. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment the number of investigations, enforcement actions and prosecutions undertaken by the Health and Safety Authority since 2016 in relation to an alleged failure to report a work-related road traffic fatality under the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016; and if he will make a statement on the matter. [61691/26]

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1032. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment the number of road traffic fatalities reported to the Health and Safety Authority in each of the years 2023, 2024 and 2025; the number in which the deceased person was at work; the number in which the deceased person was not at work; and if he will make a statement on the matter. [61690/26]

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1033. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment whether Regulation 225 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 requires the reporting to the Health and Safety Authority of the death of a person who was not at work where the death arose from an accident related to a work activity involving a vehicle being driven for work purposes; and if he will make a statement on the matter. [61687/26]

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Alan Dillon Minister of State at the Department of Enterprise, Tourism and Employment Fine Gael

I propose to take Questions Nos. 1031, 1032 and 1033 together.

The Health and Safety Authority’s (HSA) statutory remit under the Safety, Health and Welfare at Work Act 2005, and the regulations made under that Act, relates to occupational safety, health and welfare. This includes workers and other persons who may be affected by work-related activities.

Under the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016, fatal and non-fatal injuries arising from reportable accidents or dangerous occurrences in the course of work (which is defined in legislation) must be notified to the HSA. Similarly, under the Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016, all employers and self-employed persons are legally obliged to report all fatal and non-fatal accidents while at work.

Regulation 225 of the Safety, Health and Welfare at Work (General Application) Regulations 2007, as amended by the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016 requires the reporting to the HSA of fatal and non-fatal injuries arising from reportable accidents or dangerous occurrences in the course of work.

Fatal accidents must be reported as soon as possible to the HSA or An Garda Síochána, with a written report submitted to the HSA within five working days of the death. Non-fatal accidents or dangerous occurrences should be reported to the HSA within ten working days of the event. Injuries must be reported to the HSA if an employee is unable to carry out their normal work for more than three consecutive days, excluding the day of the accident.

Accidents that take place while a person is driving for work are reportable. This includes any person who drives on a road as part of their work either in a vehicle provided by their employer or driving their own vehicle and in receipt of an allowance or payment from their employer for distances driven.

Commuting to work is not generally classified as driving for work, except where the person’s journey starts from their home and they are travelling to a work location that is not their normal place of work. Where a person who is not at work, including a member of the public, is fatally injured because of a road collision or incident involving a vehicle being driven/operated by a person at work, that death is reportable under the Regulations.

It is the Road Safety Authority (RSA) who have statutory remit to report on fatal, serious and minor injury collisions on public roads, who receive collision data from An Garda Síochána and who produce official statistics to help develop evidence-based road safety interventions. An Garda Síochána has primacy for the investigation of road traffic collisions under road traffic legislation. The HSA works collaboratively with An Garda Síochána and the RSA which hold broader data on road collisions and fatalities, including cases where no work-related factors are identified.

The HSA’s data includes workers and other persons who may be affected by work-related activities. The fatal accidents reported to the HSA in this context relate to work-related road traffic collisions and are summarised in the table below for 2023, 2024 and 2025.

Summary of Fatal Road Traffic Collisions:

The HSA does not maintain a separate data category for investigations, enforcement actions or prosecutions relating specifically to an alleged failure to report a work-related road collision fatality.

Where the HSA becomes aware that a reportable work-related fatality has not been notified by an employer or self-employed person in accordance with the Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016, the HSA would consider the matter and exercise its enforcement powers, as appropriate, under the Safety, Health and Welfare at Work Act 2005.

Employers should have systems in place to ensure that driving for work activities are road safety compliant. Driving for work involves a risk not only for drivers, but also for fellow workers and members of the public, such as pedestrians and other road users. While employers cannot directly control roadway conditions, they can promote and influence safe driving behaviour and actions by their employees.

Further information, including the HSA’s Online Accident Reporting System and Dangerous Occurrences Form can be accessed at hsa.ie.

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