Now is the time to have your say on safety training in the construction sector in Ireland. Minister Patrick O’Donovan, Minister for Further and Higher Education, Research, Innovation and Science has launched a public consultation on the Construction Safety Licensing Bill. The Consulting Safety Licensing Bill seeks to introduce a licensing model to replace the Construction Skills Certification Scheme (CSCS) and Quarries Skills Certification Scheme (QSCS) arrangements. The draft legislation also provides for the Minister to prescribe changes, following consultation with stakeholders, to reflect changes in the sectors where a license is applicable. It seeks to provide a new and comprehensive framework for licensing construction and quarrying in Ireland. A single body will be designated as the licensing authority for the sector.
The main features of this Bill are:
- The establishment of the licensing authority as the designated competent authority in respect of scheduled activities to recognise foreign qualifications.
- The establishment of a licensing model for workers, carrying out a scheduled activity, based on an assessment of competence, to replace the accredited training model.
- The introduction of skills-based assessment with no distinction based on environment, thus amalgamating the process for licensing relevant construction and quarrying activities.
- The establishment of a licensing model for tutors.
- The establishment of a register of licensees.
- The creation of offences for fraudulently obtaining a worker or tutor licence, and for non-compliance by tutors with a code of practice, as well as associated offences for
- contractors and employers. It is proposed to introduce an amendment whereby it is an offence for a worker to carry out a scheduled activity without a licence.
- A formal process for individuals to make complaints on the basis of fraud or non-compliance and investigations to be conducted
- The opportunity for individuals affected by investigations regarding alleged non-compliance to make representations and appeals.
Consultation process
The primary focus of the consultation is to consult on the proportionality of the proposed legislation as required by EU Directive 2018/958. The Minister/Department are particularly interested in getting the public and industry views to ensure the legislation is non-discriminatory (does restrict workers from other Member States etc.), and that the measures are justifiable, proportionate and in the public interest.
There is a survey provided by the Department at the link below with a set of questions. Six of these have yes, no or no opinions as the possible answers. The seventh question allows for some free text but with a limit of just 200 characters it is quite restrictive.
Surveys can also be downloaded in Word format and returned via email if preferred to: CSLB_survey_2024@dfheris.gov.ie The survey is live from 20th August 2024 and will close at 5pm on 20th September 2024. Emails submissions must also be received by 5pm on 20th September 2024.
Safety at MKO
Our Health and Safety Team has been monitoring the proposed legislative changes and keeping our construction and quarrying clients up to date. As part of both the Construction Industry Federation and Wind Energy Ireland Safety Committees, we have also been working with our industry partners in monitoring the proposed changes and consulting with the relevant departments in relation to them. Contact a member of our expert team if you require any assistance.