Health safety and welfare act and communication related legislation

SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

Updated to 12 July 2016

This Revised Act is an administrative consolidation of the Safety, Health and Welfare at Work Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), made 12 July 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

Number 10 of 2005

SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

Updated to 12 July 2016

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Safety, Health and Welfare at Work Acts 2005 to 2014: this Act is one of a group of Acts included in this collective citation (Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 1(3)). The Acts in this group are:

• Safety, Health and Welfare at Work Act 2005 (10/2005)

• Chemicals Act 2008 (13/2008), s. 37

• Chemicals (Amendment) Act 2010 (32/2010), s. 12

• Industrial Development (Forfás Dissolution) Act 2014 (13/2014), Part 7

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

Acts which affect or previously affected this revision

• Workplace Relations Act 2015 (16/2015)

• Freedom of Information Act 2014 (30/2014)

• Industrial Development (Forfás Dissolution) Act 2014 (13/2014)

• Education and Training Boards Act 2013 (11/2013)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Chemicals (Amendment) Act 2010 (32/2010)

• Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010)

• Chemicals Act 2008 (13/2008)

• Medical Practitioners Act 2007 (25/2007)

• National Oil Reserves Agency Act 2007 (7/2007)

• Railway Safety Act 2005 (31/2005)

• Medical Practitioners Act 1978 (4/1978)

• Dangerous Substances Act 1972 (10/1972)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016)

• Safety, Health and Welfare at Work (Electromagnetic Fields) Regulations 2016 (S.I. No. 337 of 2016)

• Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016)

• Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016)

• Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2015 (S.I. No. 623 of 2015)

• Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015)

• Safety, Health and Welfare at Work (Docks) (Revocation) Regulations 2015 (S.I. No. 521 of 2015)

• Safety, Health and Welfare at Work Act 2005 (Repeals) (Commencement) Order 2015 (S.I. No. 519 of 2015)

• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

• European Union (Prevention of Sharps Injuries in the Healthcare Sector) Regulations 2014 (S.I. No. 135 of 2014)

• Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No. 572 of 2013)

• Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013)

• Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2013 (S.I. No. 182 of 2013)

• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

• Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2013 (S.I. No. 9 of 2013)

• Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012 (S.I. No. 481 of 2012)

• Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (S.I. No. 461 of 2012)

• Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2012 (S.I. No. 446 of 2012)

• Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012)

• European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (S.I No. 349 of 2011)

• Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011)

• Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011).

• European Communities (Safety of Toys) Regulations 2011 (S.I. No. 14 of 2011)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2010 (S.I. No. 628 of 2010)

• European Communities (Inland Transport of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2010 (S.I. No. 620 of 2010)

• Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010 (S.I. No. 619 of 2010)

• Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010 (S.I. No. 618 of 2010)

• Carriage of Dangerous Goods by Road Regulations 2010 (S.I. No. 617 of 2010)

• Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2010 (S.I. No. 589 of 2010)

• Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 (S.I. No. 523 of 2010)

• European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

• Persistent Organic Pollutants Regulations 2010 (S.I. No. 235 of 2010)

• Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010)

• European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010)

• European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2008 (S.I. No. 593 of 2008)

• Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 (S.I. No. 423 of 2008)

• European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008)

• European Communities (Lifts) (Amendment) Regulations 2008 (S.I. No. 406 of 2008), reg. 3(a).

• European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008 (S.I. No. 272 of 2008)

• Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 (S.I. No. 130 of 2008)

• Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 (S.I. No. 29 of 2008)

• Safety, health and welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008)

• Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007)

• Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

• Safety, Health and Welfare At Work Act 2005 (Repeals) (Commencement) Order 2007 ( S.I. No. 300 of 2007)

• Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 )

• Carriage of Dangerous Goods By Road Act 1998 (Fees) Regulations 2007 (S.I. No. 291 of 2007)

• Carriage of Dangerous Goods By Road Act 1998 (Appointment of Competent Authorities) Order 2007 (S.I. No. 290 of 2007)

• European Communities (Carriage of Dangerous Goods By Road) (Adr Miscellaneous Provisions) Regulations 2007 (S.I. No. 289 of 2007)

• Carriage of Dangerous Goods By Road Regulations 2007 (S.I. No. 288 of 2007)

• Planning and Development Regulations 2006 (S.I. No. 685 of 2006)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2006 (S.I. No. 630 of 2006)

• Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

• Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2006 (S.I. No. 408 of 2006)

• Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2006 (S.I. No. 407 of 2006)

• European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2006 (S.I. No. 406 of 2006)

• Carriage of Dangerous Goods by Road Regulations 2006 (S.I. No. 405 of 2006)

• Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006)

• Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006)

• Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 (S.I. No. 370 of 2006)

• Safety, Health and Welfare at Work (Work at Height) Regulations 2006 (S.I. No. 318 of 2006)

• European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 ( S.I. No. 74 of 2006)

• Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005 (S.I. No. 548 of 2005)

• Safety, Health and Welfare at Work (General Application) (Revocation) Regulations 2005 (S.I. No. 392 of 2005)

• Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2005 (S.I. No. 328 of 2005)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2004 (S.I. No. 860 of 2004)

• Safety, Health and Welfare At Work (Construction) (Amendment) Regulations 2003 (S.I. No. 277 of 2003)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002 (S.I. No. 624 of 2002)

• Safety, Health and Welfare At Work (Chemical Agents) Regulations 2001 (S.I. No. 619 of 2001)

• Planning and Development Regulations 2001 (S.I. No. 600 of 2001)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2001 (S.I. No. 584 of 2001)

• Safety, Health and Welfare At Work Act, 1989 (Repeal of Section 38 of Factories Act, 1955) (Commencement) Order 2001 (S.I. No. 219 of 2001)

• Safety, Health and Welfare At Work (Confined Spaces) Regulations 2001 (S.I. No. 218 of 2001)

• Safety, Health and Welfare At Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001)

• Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999 (S.I. No. 424 of 1999)

• Safety, Health and Welfare At Work (Fishing Vessels) Regulations 1999 (S.I. No. 325 of 1999)

• Safety, Health and Welfare At Work (Biological Agents) (Amendment) Regulations 1998 (S.I. No. 248 of 1998)

• European Communities (Lifts) Regulations 1998 (S.I. No. 246 of 1998)

• Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 (S.I. No. 467 of 1997)

• Dangerous Substances Act, 1972 (Part IV Declaration) Order 1996 (S.I. No. 387 of 1996)

• Safety, Health and Welfare At Work Act, 1989 (Repeals and Revocations) Order 1995 (S.I. No. 357 of 1995)

• Dangerous Substances (Amendment) Regulations 1995 (S.I. No. 103 of 1995)

• Safety, Health and Welfare At Work (Biological Agents) Regulations 1994 (S.I. No. 146 of 1994)

• Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

• Safety, Health and Welfare At Work (General Application) Regulations 1993 (S.I. No. 44 of 1993)

• Safety, Health and Welfare (Offshore Installations) (Operations) Regulations 1991 (S.I. No. 16 of 1991)

• Safety, Health and Welfare (Offshore Installations) (Life-Saving Appliances) Regulations 1991 (S.I. No. 15 of 1991)

• Safety, Health and Welfare (Offshore Installations) (Emergency Procedures) Regulations 1991 (S.I. No. 14 of 1991)

• Safety, Health and Welfare (Offshore Installations) (Installation Managers) Regulations 1991 (S.I. No. 13 of 1991)

• Safety, Health and Welfare (Offshore Installations) Act, 1987 (Commencement) Order 1990 (S.I. No. 274 of 1990)

• Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 201 of 1990)

• Safety, Health and Welfare At Work Act, 1989 (Repeals) Order 1990 (S.I. No. 103 of 1990)

• District Court (Safety, Health and Welfare At Work Act, 1989) Regulations 1989 (S.I. No. 275 of 1989)

• Safety, Health and Welfare At Work Act, 1989 (Repeals) Order 1989 (S.I. No. 237 of 1989)

• Safety, Health and Welfare At Work Act, 1989 (Commencement) Order 1989 (S.I. No. 236 of 1989)

• Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 303 of 1988)

• Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 128 of 1988)

• Mines (Safety Training) Regulations 1987 (S.I. No. 85 of 1987)

• Safety in Industry (Fees of Certifying Doctors) Regulations 1983 (S.I. No. 256 of 1983)

• Safety in Industry Act (Commencement) Order 1982 (S.I. No. 259 of 1982)

• Safety in Industry (Abrasive Wheels) Regulations 1982 (S.I. No. 30 of 1982)

• Safety in Industry (Vehicle Lifting Tables and Other Lifting Machines) (Register of Examinations) Regulations 1981 (S.I. No. 426 of 1981)

• Safety in Industry Act (Commencement) (No. 2) Order 1981 (S.I. No. 424 of 1981)

• Safety in Industry (Operations At Unfenced Machinery) Regulations 1981 (S.I. No. 423 of 1981)

• Safety in Industry (Diving Operations) Regulations 1981 (S.I. No. 422 of 1981)

• Safety in Industry Act (Section 34) (Commencement) Order 1981 (S.I. No. 248 of 1981)

• Safety in Industry Act, 1980 (Commencement) Order 1981 (S.I. No. 59 of 1981)

• Factories Act, 1955 (Definition of “Work of Engineering Construction”) Regulations 1981 (S.I. No. 58 of 1981)

• Dangerous Substances (Petroleum Bulk Stores) Regulations 1979 (S.I. No. 313 of 1979)

• Dangerous Substances (Oil Jetties) Regulations 1979 (S.I. No. 312 of 1979)

• Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 (S.I. No. 311 of 1979)

• Dangerous Substances (Licensing Fees) Regulations 1979 (S.I. No. 301 of 1979)

• Dangerous Substances Act, 1972 (Commencement) Order 1979 (S.I. No. 297 of 1979)

• Mines (General) (Amendment) Regulations 1979 (S.I. No. 279 of 1979)

• Factories (Report of Examination of Steam Boiler) (Amendment) Regulations 1978 (S.I. No. 359 of 1978)

• Factories (Report of Examination of Steam Receivers) (Amendment) Regulations 1978 (S.I. No. 358 of 1978)

• Factories (Report of Examination of Air Receivers) (Amendment) Regulations 1978 (S.I. No. 357 of 1978)

• Tara Mine (Winding) Regulations 1977 (S.I. No. 14 of 1977)

• Factories Lead Processes (Medical Examinations) Regulations 1976 (S.I. No. 45 of 1976)

• Mines (General) Regulations 1975 (S.I. No. 331 of 1975)

• Tynagh Mine (Winding) Regulations 1975 (S.I. No. 330 of 1975)

• Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 (S.I. No. 322 of 1975)

• Factories (Wool and Hair Processing) Regulations 1975 (S.I. No. 272 of 1975)

• Factories (Non-Ferrous Metals) (Melting and Founding) Regulations 1975 (S.I. No. 237 of 1975)

• Factories (Abrasive Blasting of Surfaces) Regulations 1974 (S.I. No. 357 of 1974)

• Mines and Quarries (General Register) Regulations 1974 (S.I. No. 97 of 1974)

• Factories (Celluloid) Regulations 1973 (S.I. No. 277 of 1973)

• Factories (Refractory Materials) Regulations 1973 (S.I. No. 246 of 1973)

• Mines (Mechanically Propelled Vehicles) Regulations 1973 (S.I. No. 153 of 1973)

• Factories (Miscellaneous Orders and Regulations) (Revocation) Order 1973 (S.I. No. 94 of 1973)

• Factories Act, 1955 (Application of Section 76 To Certain Diseases) Regulations 1972 (S.I. No. 262 of 1972)

• Mines (Fire and Rescue) Regulations 1972 (S.I. No. 226 of 1972)

• Factories (Woodworking Machinery) Regulations 1972 (S.I. No. 203 of 1972)

• Mines (Explosives) Regulations 1972 (S.I. No. 123 of 1972)

• Mines (Locomotives) Regulations 1971 (S.I. No. 238 of 1971)

• Mines and Quarries Inquiries (Draft Regulations) Rules 1971 (S.I. No. 219 of 1971)

• Mines (Surveyors and Plans) Regulations 1970 (S.I. No. 78 of 1970)

• Mines and Quarries (Notification of Dangerous Occurrences) Order 1970 (S.I. No. 76 of 1970)

• Mines and Quarries (References) Rules 1970 (S.I. No. 75 of 1970)

• Mines (Managers and Officials) Regulations 1970 (S.I. No. 74 of 1970)

• Mines and Quarries Act, 1965 (Commencement) Order 1970 (S.I. No. 73 of 1970)

• Mines and Quarries Act, 1965 (Section 151) (Commencement) Order 1966 (S.I. No. 183 of 1966)

• Docks (Safety, Health and Welfare) (Forms) Regulations 1965 (S.I. No. 63 of 1965)

• Factories (Adaptation of Regulations) Regulations 1960 (S.I. No. 247 of 1961)

• Docks (Safety, Health and Welfare) Regulations 1960 (S.I. No. 279 of 1960)

• Factories Act, 1955 (Hygrometers) Regulations 1958 (S.I. No. 160 of 1958)

• Factories Act, 1955 (Commencement of Sections 34 and 35) Order 1957 (S.I. No. 260 of 1957)

• Factories (Report of Examination of Air Receivers) Regulations 1956 (S.I. No. 185 of 1956)

• Factories (Report of Examination of Steam Receivers) Regulations 1956 (S.I. No. 184 of 1956)

• Factories (Report of Examination of Steam Boiler) Regulations 1956 (S.I. No. 183 of 1956)

• Factories (Notification of Industrial Diseases) Regulations 1956 (S.I. No. 181 of 1956)

• Chains, Ropes and Lifting Tackle (Register) Regulations 1956 (S.I. No. 178 of 1956)

• Factories (Cleanliness of Walls and Ceilings) Order 1956 (S.I. No. 175 of 1956)

• Factories (Preparation of Steam Boilers For Examination) Regulations 1956 (S.I. No. 174 of 1956)

• Home Work Order, 1911 (Variation) Order 1956 (S.I. No. 168 of 1956)

• Factories (Certificates of Fitness of Young Persons) Regulations 1956 (S.I. No. 165 of 1956)

• Factories Act, 1955 (Building Operations, Engineering Works, Docks, Etc.) (Modification) Regulations 1956 (S.I. No. 163 of 1956)

• Factories Act, 1955 (Commencement of Sections 34 and 35) Order 1956 ( S.I. No. 162 of 1956)

• Factories Act, 1955 (Commencement of Sections 22 (2) and 33 (4) and (7)) Order, 1956 (S.I. No. 161 of 1956)

• Factories Act, 1955 (Commencement) Order 1956 (S.I. No. 160 of 1956)

• Factory and Workshop Act, 1901. Certifying Surgeons (Fees) Order 1950 (S.I. No. 65 of 1950)

• Chromium Plating Regulations 1942 (S.R. & O. No. 8 of 1942)

• Hide and Skin Regulations 1942 (S.R. & O. No. 7 of 1942)

• First Aid Regulations 1940 (S.R. & O. No. 139 of 1940)

• Cellulose Solutions Regulations 1939 (S.I. No. 385 of 1939)

• Night Employment of Young Persons in Sugar Beet Factories Order 1929 (S.I. No. 31 of 1929)

• Locomotives and Waggons (Used on Lines and Sidings) Regulations 1906 (S.R. & O. No. 679 of 1906)

All statutory instruments up to and including Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), made 12 July 2016, were considered in the preparation of this revision.

Number 10 of 2005

SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

Updated to 12 July 2016

ARRANGEMENT OF SECTIONS

Preliminary and General

General Duties of Employer

General Duties of Employee and Persons in Control of Places of Work

General Duties of Other Persons

Protective and Preventive Measures

Safety Representatives and Safety Consultation

The Authority

Staff of Authority

Irish National Accreditation Board

Regulations, Codes of Practice and Enforcement

Regulations and Codes of Practice.

Enforcement

Obtaining and Disclosure of Information

Offences and Penalties

Associated Statutory Provisions

General Principles of Prevention

The Chief Executive

Irish National Accreditation Board

Acts Referred To

Air Navigation and Transport Act 1936

Air Pollution Act 1987

Boiler Explosions Act 1882

45 & 46 Vict., c. 22

Boiler Explosions Act 1890

53 & 54 Vict., c. 35

Civil Service Regulation Act 1956

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

Consumer Information Act 1978

Coroners Act 1962

Courts Act 1981

Dangerous Substances Acts 1972 and 1979

Data Protection Acts 1988 and 2003

Defence Act 1954

Defence (Amendment) (No. 2) Act 1960

Electricity (Supply) Acts 1927 to 2004

Electronic Commerce Act 2000

Employment Agency Act 1971

Ethics in Public Office Act 1995

European Communities Act 1972

European Parliament Elections Act 1997

Explosives Act 1875

38 & 39 Vict., c. 17

Fire Services Act 1981

Freedom of Information Act 1997

Freedom of Information (Amendment) Act 2003

Gas (Amendment) Act 1987

Gas (Interim) (Regulation) Act 2002

Licensing of Indoor Events Act 2003

Merchant Shipping (Investigation of Marine Casualties) Act 2000

Merchant Shipping Acts 1894 to 2000

Mines and Quarries Act 1965

Minimum Notice and Terms of Employment Acts 1973 to 2001

National Standards Authority of Ireland Act 1996

Notice of Accidents Act 1894

57 & 58 Vict., c. 28

Organisation of Working Time Act 1997

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Poisons Act 1961

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

Qualifications (Education and Training) Act 1999

Railway Employment (Prevention of Accidents) Act 1900

63 & 64 Vict., c. 27

Redundancy Payments Act 1967

Redundancy Payments Acts 1967 to 2003

Regulation of Railways Act 1842

Regulation of Railways Act 1871

34 & 35 Vict., c. 78

Road Traffic Acts 1961 to 2004

Safety in Industry Acts 1955 and 1980

Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995

Safety, Health and Welfare at Work Act 1989

Social Welfare (Consolidation) Act 1993

Terms of Employment (Information) Acts 1994 and 2001

Trade Union Act 1941

Unfair Dismissals Acts 1977 to 2001

Number 10 of 2005

SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

Updated to 12 July 2016

AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK AND FOR THE ENFORCEMENT OF THE RELEVANT STATUTORY PROVISIONS, TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 89/391/EEC OF 12 JUNE 1989 1 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH OF WORKERS AT WORK AND COUNCIL DIRECTIVE 91/383/EEC OF 25 JUNE 1991 2 ON MEASURES TO IMPROVE THE SAFETY AND HEALTH AT WORK OF WORKERS WITH A FIXED-DURATION OR TEMPORARY EMPLOYMENT RELATIONSHIP, TO PROVIDE FOR THE FURTHER REGULATION OF WORK ACTIVITIES, TO CONTINUE IN BEING AND CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH AND RENAME THAT BODY AS THE HEALTH AND SAFETY AUTHORITY, TO REPEAL THE SAFETY, HEALTH AND WELFARE AT WORK ACT 1989, TO PROVIDE FOR THE REPEAL OF CERTAIN OTHER ENACTMENTS AND THE AMENDMENT OF THE NATIONAL STANDARDS AUTHORITY OF IRELAND ACT 1996 AND TO PROVIDE FOR RELATED MATTERS.

[22nd June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

Application of collectively cited Safety, Health and Welfare at Work Acts 2005 and 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(2), 42(22) and sch. 2, commenced as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

Preliminary and General

Short title and commencement.

(2) This Act shall come into operation on such day or days as may be appointed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act and an order under this subsection may provide for the commencement of section 4(2) upon different days as respects different existing enactments and different provisions of existing enactments.

Annotations:

Editorial Notes:

Power pursuant to section exercised (1.01.2016) by Safety, Health and Welfare at Work Act 2005 (Repeals) (Commencement) Order 2015 (S.I. No. 519 of 2015).

2. The 1st day of January 2016 is appointed as the day on which section 4 (2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) comes into operation, insofar as it relates to the following provisions of existing enactments:

(a) section 86 of the Factories Act 1955 (No. 10 of 1955), and

(b) section 24 of the Safety in Industry Act 1980 (No. 9 of 1980).

Power pursuant to section exercised (1.01.2013) by Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2012 (S.I. No. 446 of 2012).

2. The 1st day of January 2013 is appointed as the day on which section 4(2), insofar as it relates to the following existing enactments comes into operation:

(a) the Boiler Explosions Act 1882,

(b) the Boiler Explosions Act 1890, and

Power pursuant to section exercised (1.05.2008) by Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 (S.I. No. 29 of 2008).

2. The first day of May 2008 is appointed as the day on which section 4(2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) shall come into operation for the purpose of—

(a) repealing the Mines and Quarries Act, 1965 (No. 7 of 1965) in so far as that Act relates to quarries, and

(b) revoking all orders, regulations and rules made under that Act in so far as they relate to quarries.

Power pursuant to section exercised (1.11.2007) by Safety, Health and Welfare At Work Act 2005 (Repeals)(Commencement) Order 2007 ( S.I. No. 300 of 2007).

2. Section 4 (2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) shall, in so far as it applies to sections 33, 34, 35, 115 and 116 of the Factories Act 1955 (No. 10 of 1955) and sections 28 and 29 of the Safety in Industry Act 1980 (No. 9 of 1980), come into operation on 1 November 2007.

Power pursuant to section exercised (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2005 (S.I. No. 328 of 2005).

2. The 1 September 2005 is appointed as the day on which the Safety, Health and Welfare at Work Act 2005, except the provisions of section 4(2) other than as that subsection applies to the repeal of the Safety, Health and Welfare at Work Act 1989 (No 7 of 1989), shall come into operation.

2.—(1) In this Act, unless the context otherwise requires—

“accident” means an accident arising out of or in the course of employment which, in the case of a person carrying out work, results in personal injury;

“advisory committee” means an advisory committee established under section 38;

F1 [ ‘ accreditation ’ means attestation that a conformity assessment body meets the requirements —

(a) of a harmonised standard and, where applicable, any additional requirements in accordance with the Accreditation Regulation, or

(b) of a non-harmonised international standard,

to carry out a specific conformity assessment activity; ]

F1 [ ‘ Accreditation Board ’ shall be construed in accordance with section 56A; ]

F1 [ ‘ Accreditation Regulation ’ means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 1 ; ]

F1 [ ‘ Appeals Board ’ means an Appeals Board established under section 56G; ]

“approved” means approved in writing for the time being by the Authority or conforming with a specification in writing by the Authority;

(a) any plant, machine, machinery, appliance, apparatus, tool or any other work equipment for use or operation (whether exclusively or not) by persons at work,

(b) any article designed for use as a component in, part of or to control any such plant, machine, machinery, appliance, apparatus, work equipment, tool or any other work equipment, and

“associated statutory provisions” means the provisions of the Acts specified in Schedule 1 and any statutory instruments made under those Acts for the time being in force;

“Authority” means the Health and Safety Authority;

“cash flow statement” means, in relation to a year, an account showing the derivation of all moneys received by the Authority during that year and the purposes to which they were applied;

“code of practice” means a code of practice prepared and published or, as the case may be, approved of, by the Authority in accordance with section 60;

“competent person” shall be read in accordance with subsection (2);

“confidential information” includes—

(a) information that is expressed by the Authority or an advisory committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Authority by contractors, consultants or any other person;

F1 [ ‘ conformity assessment ’ means the process demonstrating whether specified requirements relating to a product, process, service, system or person have been fulfilled; ]

F1 [ ‘ conformity assessment body ’ means a person who performs conformity assessment activities, including calibration, testing, certification and inspection; ]

“construction work” means the carrying out of any building, civil engineering or engineering construction work, as may be prescribed;

“contract of employment” means a contract of employment or service or apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;

“dangerous occurrence” means an occurrence arising from work activities in a place of work that causes or results in—

(a) the collapse, overturning, failure, explosion, bursting, electrical short circuit discharge or overload, or malfunction of any work equipment,

(b) the collapse or partial collapse of any building or structure under construction or in use as a place of work,

(d) a fire involving any substance, or

(e) any unintentional ignition or explosion of explosives,

as may be prescribed;

“director” includes a person in accordance with whose directions or instructions the directors of the undertaking concerned are accustomed to act but does not include such a person if the directors are accustomed to so act by reason only that they do so on advice given by the person in a professional capacity;

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a fixed-term employee and a temporary employee and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

“employer”, in relation to an employee—

(a) means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment,

(b) includes a person (other than an employee of that person) under whose control and direction an employee works, and

“enactment” includes any instrument made under an enactment.

“existing enactments” means—

(a) the enactments specified in Part 1 of Schedule 2 and any instruments made under those enactments for the time being in force, and

(b) the regulations made under the European Communities Act 1972 for the time being in force specified in Part 2 of Schedule 2;

“fixed-term employee” means an employee whose employment is governed by a contract of employment for a fixed-term or for a specified purpose, being a purpose of a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment;

F1 [ ‘ harmonised standard ’ has the same meaning as it has in the Accreditation Regulation; ]

“health surveillance” means the periodic review, for the purpose of protecting health and preventing occupationally related disease, of the health of employees, so that any adverse variations in their health that may be related to working conditions are identified as early as possible;

“improvement notice” means a notice served under section 66;

“improvement plan” means a plan required to be submitted under section 65;

“inspector” means a person authorised under section 62 by the Authority or by a person prescribed under section 33;

“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol;

“joint safety and health agreement” shall be read in accordance with section 24;

F1 [ ‘ Manager of the Accreditation Board ’ shall be construed in accordance with section 56A(6); ]

“material interest” has the meaning assigned by section 2(3) of the Ethics in Public Office Act 1995;

“micro-organism” includes any microscopic biological entity which is capable of replication;

“Minister” means the Minister for Enterprise, Trade and Employment;

“penalisation” has the meaning assigned to it by section 27 and cognate words shall be read accordingly;

“personal injury” includes—

(a) any injury, disease, disability, occupational illness or any impairment of physical or mental condition, or

(b) any death,

that is attributable to work;

“place of work” includes any, or any part of any, place (whether or not within or forming part of a building or structure), land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise and in particular includes—

(a) in relation to an extractive industry including exploration activity, the whole area intended to house workstations to which employees have access for the purpose of their work relating to the immediate and ancillary activities and installations of, as appropriate—

(i) the surface or, as the case may be, underground extractive industry, including overburden dumps and other tips and any accommodation that is provided and, in the case of the underground extractive industry, any working area,

(ii) the extractive industry through drilling onshore including any accommodation that is provided, and

(iii) the extractive industry through drilling offshore, including any accommodation that is provided,

(b) a tent, trailer, temporary structure or movable structure, and

“prescribed” means prescribed—

(a) by regulations made by the Minister under this Act (other than in the case of sections 66(7), 67(7) and 72(3), and

(b) in the case of sections 66(7), 67(7) and 72(3) by rules made by the Minister for Justice, Equality and Law Reform in consultation with the Minister,

and cognate words shall be read accordingly;

“prohibition notice” means a notice served under section 67;

“reasonably practicable” has the meaning assigned by subsection (6);

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the Authority for the purposes of negotiations concerned with the remuneration, conditions of employment or working conditions of its employees;

“record” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing;

“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners;

“relevant statutory provisions” means existing enactments and this Act and any instrument made under this Act for the time being in force;

“risk assessment” shall be read in accordance with section 19;

“safety representative” means a person selected and appointed under section 25 as a safety representative;

“safety statement” shall be read in accordance with section 20;

“self-employed person” means a person who works for profit or gain otherwise than under a contract of employment, whether or not the person employs other persons;

“share fisherman” has the meaning assigned by subsection (3)(c);

“special report” means a report made under section 70;

“strategy statement” means the strategy statement of the Authority prepared and adopted under section 43;

“substance” includes any natural or artificial substance, preparation or agent in solid or liquid form or in the form of a gas or vapour or as a micro-organism;

“superannuation benefits” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“temporary employee” means an employee who is assigned by a temporary employment business to work for and under the control of another undertaking availing of the employee’s services;

“temporary employment business” means a business, including an employment agency within the meaning of the Employment Agency Act 1971, which provides temporary employees to other undertakings availing of the services of those employees;

“trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act 1941;

“undertaking” means a person being an individual, a body corporate or an unincorporated body of persons engaged in the production, supply or distribution of goods or the provision of a service (whether carried on by him or her for profit or not);

(a) in the case of an article, the manufacture, supply, operation, setting, repair, cleaning and maintenance of the article, and

(b) in the case of a substance, the manufacture, process, operation, storage, treatment, mixing, packing, conveyance, supply, handling, filling or emptying, loading and unloading of the substance;

“vessel” means a waterborne craft of any type, whether self-propelled or not, and includes an air cushion craft and any structure in or on water or on water and attached to land;

“work programme” means the work programme of the Authority prepared and adopted under section 44.

(2) (a) For the purposes of the relevant statutory provisions, a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size or hazards (or both of them) of the undertaking or establishment in which he or she undertakes work, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken.

(b) Account shall be taken, as appropriate, for the purposes of paragraph (a) of the framework of qualifications referred to in the Qualifications (Education and Training) Act 1999.

(3) In this Act references, in relation to an employer, to an employee shall be read as references to an employee employed by that employer, and for the purposes of this Act—

(a) a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act 1956) is deemed to be an employee employed by the State or Government, as the case may be,

F2 [ ( b ) an officer or servant of a harbour authority or the Health Service Executive or a member of staff of an education and training board is deemed to be an employee employed by the harbour authority, the Health Service Executive or education and training board, as the case may be, and ]

(c) a share fisherman is deemed to be an employee of the owner or skipper, as the case may be, of a fishing vessel whom he or she accompanies on board the fishing vessel, as a member of the crew, to engage in fishing where he or she is remunerated by a share in the catch or the profits or the gross earnings of the working of the vessel.

(4) For the purposes of the relevant statutory provisions, where an individual agrees with a person who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971, and is acting in the course of that business to do or perform personally any work or service for another person (whether or not the latter person is a party to the contract and whether or not the latter person pays the wages or salary of the individual in respect of the work or service), then the latter person shall be deemed to be the individual’s employer for the purposes of the relevant statutory provisions.

(5) For the purposes of the relevant statutory provisions, a person who is training for employment or receiving work experience, other than when present at a course of study in a university, school or college, shall be deemed to be an employee of the person whose undertaking (whether carried on by him or her for profit or not) is for the time being the immediate provider to that person of training or work experience, and “employee”, “employer” and cognate words and expressions shall be read accordingly.

(6) For the purposes of the relevant statutory provisions, “reasonably practicable”, in relation to the duties of an employer, means that an employer has exercised all due care by putting in place the necessary protective and preventive measures, having identified the hazards and assessed the risks to safety and health likely to result in accidents or injury to health at the place of work concerned and where the putting in place of any further measures is grossly disproportionate having regard to the unusual, unforeseeable and exceptional nature of any circumstance or occurrence that may result in an accident at work or injury to health at that place of work.

(7) References in the relevant statutory provisions to a risk assessment or safety statement shall be read as including references to an amended risk assessment or amended safety statement, as the case may be.

(8) A financial year of the Authority shall be a period of 12 months ending on 31 December in any year and for the purposes of sections 45 and 48 the period commencing on the coming into operation of section 45 and ending on the following 31 December is deemed to be a financial year of the Authority.

(a) a reference to a Part, section or Schedule is a reference to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended,

(c) a reference to any enactment shall be read as a reference to that enactment as amended by or under any other enactment, including this Act,

(d) a reference to a statutory instrument or to Regulations shall be read as a reference to that instrument as amended, adapted or to Regulations extended by any other statutory instrument, and

(e) a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

(10) A word or expression that is used in this Act and is also used in Council Directive 89/391/EEC of 12 June 1989 or Council Directive 91/383/EEC of 25 June 1991 has, unless the contrary intention appears, the same meaning in this Act that it has in those Directives.

Annotations:

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 28, S.I. No. 304 of 2014.

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 48, S.I. No. 211 of 2013.

Modifications (not altering text):

Terms “registered medical practitioner” and “General Register of Medical Practitioners” construed (13.02.2008, 3.07.2008 and 16.03.2009) by Medical Practitioners Act 2007 (25/2007) ss. 2 and 108(1), (2) (S.I. Nos. 24 of 2008, 231 of 2008 and 40 of 2009) and Medical Practitioners Act 1978 (4/1978), s. 26.

Interpretation.

2.— In this Act, except where the context otherwise requires— .

“registered medical practitioner” means a medical practitioner whose name is entered in the register;

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall be construed as a reference to any division of the register.

Establishment of the register.

26.—(1) As soon as may be after the establishment of the Council the Council shall prepare and establish a register of medical practitioners (in this Act referred to as the register) to be known as the General Register of Medical Practitioners.

1 OJ No. L 218, 13.8.2008, p.30.

Service of notices, etc.

3.—(1) A notice or other document required or authorised to be served on, sent or given to any person under the relevant statutory provisions shall, subject to subsection (2), be addressed to the person concerned by name, and may be served on, sent or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document is required to be served on, sent or given to him or her in respect of any place of work, by delivering it to a person over the age of 16 years of age resident or employed at the place of work or by affixing it in a conspicuous position on or near the place of work;

(e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000) to that person (being an addressee within the meaning assigned by that section) and provided that there is a facility to confirm receipt of electronic mail and that such receipt has been confirmed, then by that means;

(f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection, or

(g) by any other means that may be prescribed.

(2) Where a notice or other document required or authorised under the relevant statutory provisions is to be served on, sent or given to a person who is the owner or occupier of a place of work and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purposes of this section, a company within the meaning of the Companies Acts 1963 to 2003 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Repeals and savings.

4.—(1) Sections 38 and 41 of the Organisation of Working Time Act 1997 are repealed.

(2) The existing enactments set out in Part 1 of Schedule 2 are repealed.

(3) Where any document refers to an existing enactment repealed by this Act and provision is made by this Act corresponding to that enactment, then, unless the context otherwise requires, that reference shall be construed as or, as the case may be, as including a reference to the corresponding provision of this Act.

(4) Subject to subsection (3), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 of Schedule 2 is in force immediately before the repeal of such enactment by subsection (2) could have been made, issued or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by subsection (2) but, except in so far as this Act otherwise provides, shall continue in force as if made, issued or done under this Act.

Annotations:

Editorial Notes:

Power pursuant to section exercised (1.05.2008) by Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 (S.I. No. 29 of 2008).

With reference to subs. (2), any dates of repeal of the provisions listed are as follows:

Chapter, Number and Year

45 & 46 Vict., c. 22

Boiler Explosions Act 1882

Repeal commenced (1.01.2013) by Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2012 (S.I. No. 446 of 2012)

53 & 54 Vict., c. 35

Boiler Explosions Act 1890

Repeal commenced (1.01.2013) by Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2012 (S.I. No. 446 of 2012)

Mines and Quarries Act 1965

Repeal commenced (1.05.2008) insofar as Act relates to quarries by Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 (S.I. No. 29 of 2008).

Dangerous Substances Acts 1972 and 1979

Safety in Industry Acts 1955 and 1980

Safety in Industry Act 1980 (9/1980), s. 24, repeal commenced (1.01.2016) by Safety, Health and Welfare at Work Act 2005 (Repeals) (Commencement) Order 2015 (S.I. No. 519 of 2015), art. 2(b).

Factories Act 1955 (10/1955), s. 86, repeal commenced (1.01.2016) by Safety, Health and Welfare at Work Act 2005 (Repeals) (Commencement) Order 2015 (S.I. No. 519 of 2015), art. 2(a).

Factories Act 1955 (10/1955), ss. 40, 41, 42 and 43, repeal commenced (1.01.2013) by Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2012 (S.I. No. 446 of 2012).

Factories Act 1955 (10/1955), ss. 33, 34, 35, 115 and 116, repeal commenced (1.11.2007) by Safety, Health and Welfare At Work Act 2005 (Repeals) (Commencement) Order 2007 (S.I. No. 300 of 2007).

Safety in Industry Act 1980 (9/1980), ss. 28 and 29, repeal commenced (1.11.2007) by Safety, Health and Welfare At Work Act 2005(Repeals)(Commencement) Order 2007 (S.I. No. 300 of 2007).

Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995

Safety, Health and Welfare at Work Act 1989

Repealed commenced ( 1.09.2005) by Safety, Health and Welfare At Work Act 2005 (Commencement) Order 2005 (S.I. No. 328 of 2005)

Instruments continued as if made, issued or done in force under this Act in accordance with subs. (4) are listed below.

Boiler Explosions Acts 1882 and 1890

Mines and Quarries Act 1965

• (1.04.1987) Mines (Safety Training) Regulations 1987 (S.I. No. 85 of 1987)

• (31.08.1979) Mines (General) (Amendment) Regulations 1979 (S.I. No. 279 of 1979)

• (1.02.1977) Tara Mine (Winding) Regulations 1977 (S.I. No. 14 of 1977)

• (1.02.1976) Tynagh Mine (Winding) Regulations 1975 (S.I. No. 330 of 1975)

• (1.02.1976) Mines (General) Regulations 1975 (S.I. No. 331 of 1975)

• (1.07.1974) Mines and Quarries (General Register) Regulations 1974 (S.I. No. 97 of 1974)

• (1.07.1973) Mines (Mechanically Propelled Vehicles) Regulations 1973 (S.I. No. 153 of 1973)

• (1.12.1972) Mines (Fire and Rescue) Regulations 1972 (S.I. No. 226 of 1972)

• (1.07.1972) Mines (Explosives) Regulations 1972 (S.I. No. 123 of 1972)

• (1.10.1971) Mines (Locomotives) Regulations 1971 (S.I. No. 238 of 1971)

• (14.07.1971) Mines and Quarries Inquiries (Draft Regulations) Rules 1971 (S.I. No. 219 of 1971) (partially revoked, in force in relation to mines)

• (1.06.1970) Mines (Surveyors and Plans) Regulations 1970 (S.I. No. 78 of 1970)

• (1.06.1970) Mines and Quarries (Notification of Dangerous Occurrences) Order 1970 (S.I. No. 76 of 1970)

• (1.06.1970) Mines and Quarries (References) Rules 1970 (S.I. No. 75 of 1970)

• (1.06.1970) Mines (Managers and Officials) Regulations 1970 (S.I. No. 74 of 1970)

• (1.06.1970) Mines and Quarries Act, 1965 (Commencement) Order 1970 (S.I. No. 73 of 1970)

• (2.08.1966) Mines and Quarries Act, 1965 (Section 151) (Commencement) Order 1966 (S.I. No. 183 of 1966)

Dangerous Substances Acts 1972 and 1979

• (1.01.2011) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2010 (S.I. No. 628 of 2010)

• (1.01.2009) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2008 (S.I. No. 593 of 2008)

• (1.01.2007) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2006 (S.I. No. 630 of 2006)

• (1.01.2005) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2004 (S.I. No. 860 of 2004)

• (1.01.2003) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002 (S.I. No. 624 of 2002)

• (1.01.2002) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2001 (S.I. No. 584 of 2001)

• (1.01.2000) Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999 (S.I. No. 424 of 1999)

• (2.05.1995) Dangerous Substances (Amendment) Regulations 1995 (S.I. No. 103 of 1995)

• (1.09.1990) Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 201 of 1990)

• (1.12.1988) Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 303 of 1988)

• (1.07.1988) Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 128 of 1988)

• (28.09.1979) Dangerous Substances (Petroleum Bulk Stores) Regulations 1979 (S.I. No. 313 of 1979)

• (28.09.1979) Dangerous Substances (Oil Jetties) Regulations 1979 (S.I. No. 312 of 1979)

• (28.09.1979) Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 (S.I. No. 311 of 1979)

• (28.09.1979) Dangerous Substances (Licensing Fees) Regulations 1979 (S.I. No. 301 of 1979)

• (28.09.1979) Dangerous Substances Act, 1972 (Commencement) Order 1979 (S.I. No. 297 of 1979)

Safety in Industry Acts 1955 and 1980

• (1.07.1983) Safety in Industry (Fees of Certifying Doctors) Regulations 1983 (S.I. No. 256 of 1983)

• (1.01.1983) Safety in Industry Act (Commencement) Order 1982 (S.I. No. 259 of 1982)

• (1.06.1982) Safety in Industry (Abrasive Wheels) Regulations 1982 (S.I. No. 30 of 1982); revoked (1.07.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016), reg. 5(c), in effect as per reg. 4, subject to transitional provision in reg. 8.

• (1.03.1982) Safety in Industry (Vehicle Lifting Tables and Other Lifting Machines) (Register of Examinations) Regulations 1981 (S.I. No. 426 of 1981)

• (1.03.1982) Safety in Industry Act (Commencement) (No. 2) Order 1981 (S.I. No. 424 of 1981)

• (1.03.1982) Safety in Industry (Operations At Unfenced Machinery) Regulations 1981 (S.I. No. 423 of 1981)

• (29.12.1981) Safety in Industry (Diving Operations) Regulations 1981 (S.I. No. 422 of 1981)

• (20.07.1981) Safety in Industry Act (Section 34) (Commencement) Order 1981 (S.I. No. 248 of 1981)

• (1.03.1981) Safety in Industry Act, 1980 (Commencement) Order 1981 (S.I. No. 59 of 1981)

• (1.03.1981) Factories Act, 1955 (Definition of “Work of Engineering Construction”) Regulations 1981 (S.I. No. 58 of 1981)

• (21.12.1978) Factories (Report of Examination of Steam Boiler) (Amendment) Regulations 1978 (S.I. No. 359 of 1978); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(g) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3).

• (21.12.1978) Factories (Report of Examination of Steam Receivers) (Amendment) Regulations 1978 (S.I. No. 358 of 1978); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(f) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3)

• (21.12.1978) Factories (Report of Examination of Air Receivers) (Amendment) Regulations 1978 (S.I. No. 357 of 1978); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(e) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3)

• (1.03.1976) Factories Lead Processes (Medical Examinations) Regulations 1976 (S.I. No. 45 of 1976)

• (12.01.1976 and other dates) Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 (S.I. No. 322 of 1975) (revoked in part)

• (31.12.1975) Factories (Wool and Hair Processing) Regulations 1975 (S.I. No. 272 of 1975) (revoked in part)

• (1.12.1975) Factories (Non-Ferrous Metals) (Melting and Founding) Regulations 1975 (S.I. No. 237 of 1975) (revoked in part)

• (1.01.1975) Factories (Abrasive Blasting of Surfaces) Regulations 1974 (S.I. No. 357 of 1974) (revoked in part); revoked (1.07.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016), reg. 5(b), in effect as per reg. 4, subject to transitional provision in reg. 7.

• (1.11.1973) Factories (Celluloid) Regulations 1973 (S.I. No. 277 of 1973)

• (1.10.1973) Factories (Refractory Materials) Regulations 1973 (S.I. No. 246 of 1973)

• (1.05.1973) Factories (Miscellaneous Orders and Regulations) (Revocation) Order 1973 (S.I. No. 94 of 1973)

• (1.01.1973) Factories Act, 1955 (Application of Section 76 To Certain Diseases) Regulations 1972 (S.I. No. 262 of 1972)

• (1.09.1972) Factories (Woodworking Machinery) Regulations 1972 (S.I. No. 203 of 1972); revoked (1.07.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016), reg. 5(a), in effect as per reg. 4, subject to transitional provision in reg. 6.

• (7.04.1965) Docks (Safety, Health and Welfare) (Forms) Regulations 1965 (S.I. No. 63 of 1965); revoked (1.01.2016) by Safety, Health and Welfare at Work (Docks) (Revocation) Regulations 2015 (S.I. No. 521 of 2015), art. 3(b).

• (2.11.1961) Factories (Adaptation of Regulations) Regulations 1960 (S.I. No. 247 of 1961)

• (1.04.1961) Docks (Safety, Health and Welfare) Regulations 1960 (S.I. No. 279 of 1960) (revoked in part); revoked (1.01.2016) by Safety, Health and Welfare at Work (Docks) (Revocation) Regulations 2015 (S.I. No. 521 of 2015), art. 3(a).

• (3.10.1958) Factories Act, 1955 (Hygrometers) Regulations 1958 (S.I. No. 160 of 1958)

• (16.12.1957) Factories Act, 1955 (Commencement of Sections 34 and 35) Order 1957 (S.I. No. 260 of 1957)

• (1.10.1956) Factories (Report of Examination of Air Receivers) Regulations 1956 (S.I. No. 185 of 1956); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(d) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3)

• (1.10.1956) Factories (Report of Examination of Steam Receivers) Regulations 1956 (S.I. No. 184 of 1956); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(c) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3)

• (1.10.1956) Factories (Report of Examination of Steam Boiler) Regulations 1956 (S.I. No. 183 of 1956); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(b) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3)

• (1.10.1956) Factories (Notification of Industrial Diseases) Regulations 1956 (S.I. No. 181 of 1956)

• (1.10.1956) Chains, Ropes and Lifting Tackle (Register) Regulations 1956 (S.I. No. 178 of 1956)

• (1.10.1956) Factories (Cleanliness of Walls and Ceilings) Order 1956 (S.I. No. 175 of 1956)

• (1.10.1956) Factories (Preparation of Steam Boilers For Examination) Regulations 1956 (S.I. No. 174 of 1956); revoked by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 185(1)(a) as inserted (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012), reg. 2(d), subject to transitional provisions in paras. (2), (3)

• (1.10.1956) Home Work Order, 1911 (Variation) Order 1956 (S.I. No. 168 of 1956)

• (1.10.1956) Factories (Certificates of Fitness of Young Persons) Regulations 1956 (S.I. No. 165 of 1956)

• (1.10.1956) Factories Act, 1955 (Building Operations, Engineering Works, Docks, Etc.) (Modification) Regulations 1956 (S.I. No. 163 of 1956)

• (1.10.1956) Factories Act, 1955 (Commencement of Sections 34 and 35) Order 1956 ( S.I. No. 162 of 1956)

• (1.10.1956) Factories Act, 1955 (Commencement of Sections 22 (2) and 33 (4) and (7)) Order 1956 (S.I. No. 161 of 1956)

• (1.10.1956) Factories Act, 1955 (Commencement) Order 1956 (S.I. No. 160 of 1956)

• (1.02.1950) Factory and Workshop Act, 1901. Certifying Surgeons (Fees) Order 1950 (S.I. No. 65 of 1950) (carried forward under Factories Act 1955, s. 8)

• (16.03.1942) Chromium Plating Regulations 1942 (S.R. & O. No. 8 of 1942) (carried forward under Factories Act 1955, s. 8)

• (16.03.1942) Hide and Skin Regulations 1942 (S.R. & O. No. 7 of 1942) (carried forward under Factories Act 1955, s. 8)

• (11.07.1940) First Aid Regulations 1940 (S.R. & O. No. 139 of 1940) (carried forward under Factories Act 1955, s. 8)

• (22.12.1939) Cellulose Solutions Regulations 1939 (S.R. & O. No. 385 of 1939)

• (25.07.1929) Night Employment of Young Persons in Sugar Beet Factories Order 1929 (S.R. & O. No. 31 of 1929 ) (carried forward under Factories Act 1955, s. 8)

• (1.07.1907 and 1.01.1908) Locomotives and Waggons (Used on Lines and Sidings) Regulations 1906 (S.R. & O. No. 679 of 1906)

Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995

• (30.11.1991) Safety, Health and Welfare (Offshore Installations) Act, 1987 (Commencement) Order 1990 (S.I. No. 274 of 1990)

• (1.05.1991) Safety, Health and Welfare (Offshore Installations) (Operations) Regulations 1991 (S.I. No. 16 of 1991)

• (1.05.1991) Safety, Health and Welfare (Offshore Installations) (Life-Saving Appliances) Regulations, 1991 (S.I. No. 15 of 1991)

• (1.05.1991) Safety, Health and Welfare (Offshore Installations) (Emergency Procedures) Regulations 1991 (S.I. No. 14 of 1991)

• (1.05.1991) Safety, Health and Welfare (Offshore Installations) (Installation Managers) Regulations 1991 (S.I. No. 13 of 1991)

Safety, Health and Welfare at Work Act 1989

• (31.08.2005) Safety, Health and Welfare at Work (General Application) (Revocation) Regulations 2005 (S.I. No. 392 of 2005)

• (30.06.2003) Safety, Health and Welfare At Work (Construction) (Amendment) Regulations 2003 (S.I. No. 277 of 2003)

• (19.12.2001) Safety, Health and Welfare At Work (Chemical Agents) Regulations 2001 (S.I. No. 619 of 2001)

• (31.08.2001) Safety, Health and Welfare At Work Act, 1989 (Repeal of Section 38 of Factories Act, 1955) (Commencement) Order 2001 (S.I. No. 219 of 2001)

• (31.08.2001) Safety, Health and Welfare At Work (Confined Spaces) Regulations 2001 (S.I. No. 218 of 2001)

• (8.03.2001) Safety, Health and Welfare At Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001)

• (19.10.1999) Safety, Health and Welfare At Work (Fishing Vessels) Regulations 1999 (S.I. No. 325 of 1999) (ceased in part)

• (20.06.1998) Safety, Health and Welfare At Work (Biological Agents) (Amendment) Regulations 1998 (S.I. No. 248 of 1998); revoked (20.12.2013) by Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No. 572 of 2013), reg. 18.

• (21.11.1997) Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 (S.I. No. 467 of 1997)

• (21.12.1995) Safety, Health and Welfare At Work Act, 1989 (Repeals and Revocations) Order 1995 (S.I. No. 357 of 1995)

• (23.05.1994) Safety, Health and Welfare At Work (Biological Agents) Regulations 1994 (S.I. No. 146 of 1994); revoked (20.12.2013) by Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No. 572 of 2013), reg. 18.

• (22.02.1993) Safety, Health and Welfare At Work (General Application) Regulations 1993 (S.I. No. 44 of 1993) (revoked in part); revoked (1.11.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), reg. 5(2), in effect as per reg. 2, subject to transitional provision in reg. 5(2).

• (1.09.1990) Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 201 of 1990)

• (1.05.1990) Safety, Health and Welfare At Work Act, 1989 (Repeals) Order 1990 (S.I. No. 103 of 1990)

• (1.11.1989) District Court (Safety, Health and Welfare At Work Act, 1989) Regulations 1989 (S.I. No. 275 of 1989)

• (1.11.1989) Safety, Health and Welfare At Work Act, 1989 (Repeals) Order 1989 (S.I. No. 237 of 1989)

• (1.11.1989) Safety, Health and Welfare At Work Act, 1989 (Commencement) Order 1989 (S.I. No. 236 of 1989)

5.—The expenses incurred by the Minister in administering this Act, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Application of relevant statutory provisions to certain public service activities.

6.—(1) The relevant statutory provisions apply to prisons and places of detention unless their application is incompatible with safe custody, good order and security.

(2) Subject to section 11, the relevant statutory provisions apply to members of the Defence Forces except when they are—

(a) on active service within the meaning of section 5 of the Defence Act 1954 or deemed to be on active service within the meaning of section 4(1) of the Defence (Amendment) (No. 2) Act 1960,

(b) engaged in action in the course of operational duties at sea,

(d) engaged in training directly associated with any of the activities specified in paragraph (a) to (c).

Annotations:

Modifications (not altering text):

Application of the Act restricted (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007, s. 148(2), S.I. No. 299 of 2007.

Application of Section 2

(2) Section 6(2) of the Act does not apply to the application of this Chapter.

Application of relevant statutory provisions to self-employed persons.

7.—The relevant statutory provisions apply, where appropriate, to a self-employed person as they apply to an employer and as if that self-employed person was an employer and his or her own employee and references in the relevant statutory provisions to an employer shall be read as references to a self-employed person.

General Duties of Employer

General duties of employer.

8.—(1) Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.

(2) Without prejudice to the generality of subsection (1), the employer's duty extends, in particular, to the following:

(a) managing and conducting work activities in such a way as to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees;

(b) managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk;

(i) the design, provision and maintenance of it in a condition that is safe and without risk to health,

(ii) the design, provision and maintenance of safe means of access to and egress from it, and

(iii) the design, provision and maintenance of plant and machinery or any other articles that are safe and without risk to health;

(d) ensuring, so far as it is reasonably practicable, the safety and the prevention of risk to health at work of his or her employees relating to the use of any article or substance or the exposure to noise, vibration or ionising or other radiations or any other physical agent;

(e) providing systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be, so far as is reasonably practicable, safe and without risk to health;

(f) providing and maintaining facilities and arrangements for the welfare of his or her employees at work;

(g) providing the information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare at work of his or her employees;

(h) determining and implementing the safety, health and welfare measures necessary for the protection of the safety, health and welfare of his or her employees when identifying hazards and carrying out a risk assessment under section 19 or when preparing a safety statement under section 20 and ensuring that the measures take account of changing circumstances and the general principles of prevention specified in Schedule 3;

(i) having regard to the general principles of prevention in Schedule 3, where risks cannot be eliminated or adequately controlled or in such circumstances as may be prescribed, providing and maintaining such suitable protective clothing and equipment as is necessary to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees;

(j) preparing and revising, as appropriate, adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger;

(k) reporting accidents and dangerous occurrences, as may be prescribed, to the Authority or to a person prescribed under section 33, as appropriate, and

(l) obtaining, where necessary, the services of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.

(3) Any duty imposed on an employer under the relevant statutory provisions in respect of any of his or her employees shall also apply in respect of the use by him or her of the services of a fixed-term employee or a temporary employee.

(4) For the duration of the assignment of any fixed-term employee or temporary employee working in his or her undertaking, it shall be the duty of every employer to ensure that working conditions are such as will protect the safety, health and welfare at work of such an employee.

(5) Every employer shall ensure that any measures taken by him or her relating to safety, health and welfare at work do not involve financial cost to his or her employees.

Information for employees.

9.—(1) Without prejudice to the generality of section 8, every employer shall, when providing information to his or her employees under that section on matters relating to their safety, health and welfare at work ensure that the information—

(a) is given in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employees concerned, and

(b) includes the following information—

(i) the hazards to safety, health and welfare at work and the risks identified by the risk assessment,

(ii) the protective and preventive measures to be taken concerning safety, health and welfare at work under the relevant statutory provisions in respect of the place of work and each specific task to be performed at the place of work, and

(iii) the names of persons designated under section 11 and of safety representatives selected under section 25, if any.

(2) Where an employee of another undertaking is engaged in work activities in an employer's undertaking, that employer shall take measures to ensure that the employee's employer receives adequate information concerning the matters referred to in subsection (1).

(3) Every employer shall ensure that employees appointed under section 18 and safety representatives, if any, have access, for the purposes of performing their functions relating to the safety, health and welfare of employees, to—

(a) the risk assessment carried out under section 19,

(b) information relating to accidents and dangerous occurrences required to be reported to the Authority or a person prescribed under section 33 under the relevant statutory provisions, and

(c) any information arising from protective and preventive measures taken under the relevant statutory provisions or provided by the Authority, a person prescribed under section 33, or a person referred to in section 34(2).

(4) (a) Where an employer proposes to use the services of a fixed-term employee or a temporary employee, the employer shall, prior to commencement of employment, give information to the employee relating to—

(i) any potential risks to the safety, health and welfare of the employee at work,

(ii) health surveillance,

(iii) any special occupational qualifications or skills required in the place of work, and

(iv) any increased specific risks which the work may involve.

(b) Where an employer proposes to use the services of a temporary employee, the employer shall—

(i) specify to the temporary employment business concerned the occupational qualifications necessary for and the specific features of the work for which such an employee is required, and

(ii) ensure that the temporary employment business gives the information referred to in paragraph (a) to the employee.

(5) The temporary employment business referred to in subsection (4)(b) shall give to the employee the information referred to in subsection (4)(b)(i).

Instruction, training and supervision of employees.

10.—(1) Without prejudice to the generality of section 8 and having regard to sections 25 and 26, every employer shall, when providing instruction, training and supervision to his or her employees in relation to their safety, health and welfare at work, ensure that—

(a) instruction, training and supervision is provided in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employee concerned,

(b) employees receive, during time off from their work, where appropriate, and without loss of remuneration, adequate safety, health and welfare training, including, in particular, information and instructions relating to the specific task to be performed by the employee and the measures to be taken in an emergency,

(c) in relation to any specific task assigned to an employee, that his or her capabilities in relation to safety, health and welfare are taken into account,

(d) in the case of—

(i) a class or classes of particularly sensitive employees to whom any of the relevant statutory provisions apply, or

(ii) any employee or group of employees exposed to risks expressly provided for under the relevant statutory provisions,

the employees concerned are protected against the dangers that specifically affect them.

(2) Training under this section shall be adapted to take account of new or changed risks to safety, health and welfare at work and shall, as appropriate, be repeated periodically.

(3) Training under this section shall be provided to employees—

(a) on recruitment,

(b) in the event of the transfer of an employee or change of task assigned to an employee,

(c) on the introduction of new work equipment, systems of work or changes in existing work equipment or systems of work, and

(d) on the introduction of new technology.

(4) Where, in respect of any particular work, competency requirements are prescribed, the employer shall provide for the release of employees, during working hours, where appropriate, and without loss of remuneration, for the purpose of attending training in matters relating to safety, health and welfare at work as regards the particular work.

(5) Every employer shall ensure that persons at work in the place of work concerned who are employees of another employer receive instructions relating to any risks to their safety, health and welfare in that place of work as necessary or appropriate.

(6) Every employer who uses the services of a fixed-term employee or a temporary employee shall ensure that the employee receives the training appropriate to the work which he or she is required to carry out having regard to his or her qualifications and experience.

Annotations:

Editorial Notes:

Previous affecting provision: application of section extended (13.07.2006) by Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006), regs. 7 and 8; revoked (other than reg. 11(3), expired 14.02.2008) (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(z).

Emergencies and serious and imminent dangers.

11.—(1) Without prejudice to the generality of section 8, every employer shall, in preparing and revising as necessary adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger—

(a) provide the necessary measures to be taken appropriate to the place of work for first aid, fire-fighting and the evacuation of employees and any other individual present in the place of work, taking account of the nature of the work being carried on and the size of the place of work,

(b) arrange any necessary contacts with the appropriate emergency services, in particular with regard to first aid, emergency medical care, rescue work and fire-fighting,

(i) designate employees who are required to implement those plans, procedures and measures, and

(ii) ensure that the number of those employees, their training and the equipment available to them are adequate, taking into account either or both the size of and specific hazards relating to the place of work.

(2) In the event of an emergency or serious and imminent danger, an employer shall—

(a) as soon as possible inform all employees concerned of the risk involved and of the steps taken or to be taken to protect them from it,

(b) save in exceptional cases for the reasons specified in the plans and procedures referred to in subsection (1), refrain from requiring employees to carry out or resume work where there is still a serious and imminent danger to their safety and health, and

(c) ensure that, in the absence of appropriate guidance or instruction and having regard to the knowledge of the employee and the technical means at his or her disposal, and where the employee's immediate superior responsible cannot be contacted, the employee concerned may take appropriate steps to avoid the consequences of the danger.

(3) In the event of serious, imminent and unavoidable danger, an employer shall—

(a) take action and give instructions to enable employees to either or both stop work and immediately leave the place of work and to proceed to a safe place, and

(b) ensure that an employee who leaves a place of work is not penalised because of such action.

(4) An employer shall ensure that only employees who have received appropriate instructions have access to the area of the place of work where a serious, specific danger exists.

(5) This section does not apply to the following persons when they are engaged in activities relating to civil emergencies, public order, security or an act of war where any such activity prevents compliance with this section:

(a) members of the Defence Forces;

(b) members of the Garda Síochána;

(d) persons engaged in the activities of civil protection or civil defence.

General duties of employers to persons other than their employees.

12.—Every employer shall manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being his or her employees) are not exposed to risks to their safety, health or welfare.

General Duties of Employee and Persons in Control of Places of Work

Duties of employee.

13.—(1) An employee shall, while at work—

(a) comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee’s acts or omissions at work,

(b) ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person,

(c) if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed,

(d) co-operate with his or her employer or any other person so far as is necessary to enable his or her employer or the other person to comply with the relevant statutory provisions, as appropriate,

(e) not engage in improper conduct or other behaviour that is likely to endanger his or her own safety, health and welfare at work or that of any other person,

(f) attend such training and, as appropriate, undergo such assessment as may reasonably be required by his or her employer or as may be prescribed relating to safety, health and welfare at work or relating to the work carried out by the employee,

(g) having regard to his or her training and the instructions given by his or her employer, make correct use of any article or substance provided for use by the employee at work or for the protection of his or her safety, health and welfare at work, including protective clothing or equipment,

(h) report to his or her employer or to any other appropriate person, as soon as practicable—

(i) any work being carried on, or likely to be carried on, in a manner which may endanger the safety, health or welfare at work of the employee or that of any other person,

(ii) any defect in the place of work, the systems of work, any article or substance which might endanger the safety, health or welfare at work of the employee or that of any other person, or

(iii) any contravention of the relevant statutory provisions which may endanger the safety, health and welfare at work of the employee or that of any other person,

of which he or she is aware.

(2) An employee shall not, on entering into a contract of employment, misrepresent himself or herself to an employer with regard to the level of training as may be prescribed under subsection (1)(f).

Annotations:

Modifications (not altering text):

Term “registered medical practitioner” construed by (13.02.2008 and 3.07.2008) Medical Practitioners Act 2007 (25/2007) ss. 2 and 108(1), S.I. Nos. 24 of 2008 and 231 of 2008.

Interpretation.

“registered medical practitioner” means a medical practitioner whose name is entered in the register;

Construction of references to registered medical practitioner and Medical Council, etc.

Editorial Notes:

Previous affecting provisions: application of section extended (13.07.2006) by Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006), reg. 7; revoked (other than reg. 11(3), expired 14.02.2008) (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(z).

Interference, misuse, etc.

14.—A person shall not intentionally, recklessly or without reasonable cause—

(a) interfere with, misuse or damage anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work, or

(b) place at risk the safety, health or welfare of persons in connection with work activities.

Annotations:

Editorial Notes:

Previous affecting provisions: application of section extended (13.07.2006) by Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006), reg. 7; revoked (1.11.07) (other than reg. 11(3), expired 14.02.2008) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(z).

General duties of persons in control of place of work, etc.

15.—(1) This section applies to a person who has control to any extent of—

(a) a non-domestic place of work that has been made available as a place of work to persons other than employees of the person to whom this section applies,

(b) the means of access to or egress from that place of work, or

(c) any article or substance provided for the use of persons at that place of work, other than employees of the person who has control of the article or substance,

including a person who has control of a place of work or part of a place of work in connection with the carrying on by him or her of a trade, undertaking or business (whether for profit or not).

(2) Where a person has, by virtue of any contract, tenancy, licence or other interest, an obligation to any extent—

(a) to maintain or repair a place of work or the means of access thereto or egress therefrom, or

(b) as regards the safety of, or the absence of risk to health arising from, any article or substance provided for use in, that place of work,

the person is deemed, for the purposes of this section, to be a person to whom this section applies to the extent of his or her obligation.

(3) A person to whom this section applies shall ensure, so far as is reasonably practicable, that the place of work, the means of access thereto, or egress therefrom, and any article or substance provided for use in the place of work, are safe and without risk to health.

General Duties of Other Persons

General duties of designers, manufacturers, importers and suppliers of articles and substances.

16.—(1) A person who designs, manufactures, imports or supplies any article for use at work shall—

(a) ensure, so far as is reasonably practicable, that the article is designed and constructed so as—

(i) to be safe and without risk to health when properly used by a person at a place of work, and

(ii) to comply with the relevant statutory provisions and with the provisions of any relevant enactment implementing any relevant directive of the European Communities,

(b) ensure that the article undergoes appropriate levels of testing and examination to ensure compliance with paragraph (a),

(c) provide or arrange for the provision of adequate information about the article to the persons to whom it is supplied to ensure its safe use,

(d) ensure that persons to whom the article is supplied are provided with any revisions of the information provided under paragraph (c) as are necessary by reason of it becoming known that anything relating to the article gives rise to a serious risk to safety or health,

(e) if the person has responsibility under a rental, leasing or other arrangement to do so, maintain the article in a safe condition and in compliance with the relevant statutory provisions,

(f) comply with the relevant statutory provisions.

(2) For the purposes of subsection (1)(c), adequate information includes information relating to—

(a) the use for which the article has been designed, manufactured or tested, as the case may be, and

(b) any conditions necessary to ensure its safe installation, use, maintenance, cleaning, dismantling or disposal without risk to safety or health.

(3) A person who undertakes the design or manufacture of any article for use at work shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the design or article may give rise.

(4) A person who erects, assembles or installs any article for use at a place of work where that article is to be used by persons at work shall ensure, so far as is reasonably practicable, that nothing in the manner in which it is erected, assembled or installed makes the article unsafe or a risk to health when used at the place of work.

(5) A person who manufactures, imports or supplies a substance for use at work shall—

(a) ensure, so far as is reasonably practicable, that the substance is safe and without risk to health when properly used by a person at a place of work,

(b) ensure that the substance undergoes appropriate levels of testing and examination to ensure compliance with paragraph (a),

(c) provide or arrange for the provision of adequate information about the substance to the persons to whom it is supplied to ensure its safe use, and

(d) comply with the relevant statutory provisions and with the provisions of any relevant enactment implementing any relevant directive of the European Communities.

(6) For the purposes of subsection (5)(c), adequate information includes information relating to—

(a) the identification of the substance,

(b) any risk to safety or health associated with its inherent properties,

(c) the results of any relevant tests or examination which have been carried out on or in connection with the substance that are relevant to its safe use, and

(d) any conditions necessary to ensure its safe use, handling, processing, storing, transportation or disposal without risk to safety or health.

(7) A person who undertakes the manufacture of a substance, or in the case where the manufacture was undertaken outside the State, the importer, shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the substance may give rise when in use.

(8) Nothing in subsections (1) to (7) shall be read as requiring a person to repeat any testing, examination or research which has been carried out otherwise than by or on behalf of the person, in so far as it is reasonable for the person to rely on the results of that testing, examination or research, for the purposes of those subsections.

(9) Any duty imposed on a person by subsections (1) to (7) extends only to things done in the course of a trade, undertaking or business (whether for profit or not) carried on by the person and to matters within his or her control.

(10) Where a person designs, manufactures, imports or supplies an article or substance for use at work and does so for or to another person on the basis of a written undertaking by that other person to take specified steps that are sufficient to ensure, so far as is reasonably practicable, that the article or substance shall be safe and without risk to health or safety when it is used at a place of work, the undertaking has the effect of relieving the person who designs, manufactures, imports or supplies the article or substance from the duty imposed by paragraphs (a) and (b) of subsection (1) and paragraphs (a) and (b) of subsection (5) to such extent as is reasonable having regard to the terms of the undertaking.

(11) Nothing in subsection (9) or (10) relieves any person who imports any article or substance from any duty in respect of anything which—

(a) in the case of an article designed outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article, or

(b) in the case of an article or substance manufactured outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.

(12) Where a person (in this subsection referred to as “the supplier”) supplies to another person (in this subsection referred to as “the customer”) any article or substance for use at work under a hire-purchase agreement, a leasing agreement or credit-sale agreement, and the supplier—

(a) carried on the business of financing the acquisition of goods by others by means of those agreements, and

(b) in the course of that business acquired his or her interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third party,

then that third party and not the supplier shall be treated for the purposes of this section as supplying the article or substance to the customer and any duty imposed by this section on suppliers shall, accordingly, fall on that third party and not on the supplier.

(13) For the purposes of this section, an absence of safety or a risk to health shall be disregarded in so far as the case is or, in relation to which it would arise is shown to be, one the occurrence of which could not reasonably be foreseen and, in determining whether a duty imposed by paragraphs (a) and (b) of subsection (1) or paragraphs (a) and (b) of subsection (5) has been performed, regard shall be had to any relevant information or advice which has been provided to any person by the person who designed, manufactured, imported or supplied the article or by the person who manufactured, imported or supplied the substance.

Duties related to construction work.

17.—(1) A person who commissions or procures a project for construction work shall appoint in writing a competent person or persons for the purpose of ensuring, so far as is reasonably practicable, that the project—

(a) is designed and is capable of being constructed to be safe and without risk to health,

(b) is constructed to be safe and without risk to health,

(d) complies in all respects, as appropriate, with the relevant statutory provisions.

(2) A person who designs a project for construction work shall ensure, so far as is reasonably practicable, that the project—

(a) is designed and is capable of being constructed to be safe and without risk to health,

(b) can be maintained safely and without risk to health during use, and

(3) A person who carries out construction work shall ensure, so far as is reasonably practicable, that it is constructed to be safe and without risk to health and that it complies in all respects, as appropriate, with the relevant statutory provisions.

(4) For the purposes of this section, ‘project’ means any development which includes or is intended to include construction work.

Annotations:

Editorial Notes:

Previous affecting provision: application of section restricted (6.11.2006) by Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006), reg. 6(6); deleted (1.06.2013) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (S.I. No. 461 of 2012), regs. 1(2), 3(b)(ii).

Protective and Preventive Measures

Protective and Preventive Measures.

18.—(1) Without prejudice to the generality of section 8, an employer shall, for the purpose of complying with the relevant statutory provisions, appoint one or more competent persons to perform such functions as are specified by the employer, relating to the protection from and the prevention of risks to safety, health and welfare at work.

(2) An employee appointed under subsection (1) as a competent person shall be allowed adequate time, with no loss of remuneration, to enable him or her to perform such functions as are specified by the employer.

(3) Every employer shall—

(a) ensure that—

(i) the number of persons appointed, and

(ii) the time available to them and the means at their disposal to perform their functions under this section,

are adequate having regard to the size of the place of work, the risks to which employees are exposed and the distribution of those risks in the place of work, and

(b) make arrangements for ensuring adequate co-operation between those persons and safety representatives (if any) appointed under section 25 whenever necessary.

(4) Where there is a competent person in the employer’s employment, that person shall be appointed for the purposes of this section in preference to a competent person who is not in his or her employment except where the knowledge and experience of the person first referred to is not adequate or appropriate to the functions conferred by this section.

(5) An employer shall provide the competent person appointed under this section F3 [ … ] with the following information:

(a) the factors known by the employer to affect, or suspected by the employer of affecting, the safety, health and welfare of his or her employees;

(b) the risks to safety, health and welfare and the protective and preventive measures and activities in respect of the place of work and the work carried out there;

(c) the measures for the evacuation of employees and other persons to be taken under section 11, including the employees designated to implement the plans and measures referred to in paragraphs (a) and (b) of subsection (1) of that section; and

(d) such reasonable information about any person in the place of work concerned who is a fixed-term employee or a temporary employee as is necessary to enable the competent person to perform his or her functions under this section.

Annotations:

Deleted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(a), S.I. No. 591 of 2010.