Office Premises Act , 1958

PART I Preliminary and General.

1 Short title and commencement.

1.—(1) This Act may be cited as the Office Premises Act, 1958.

(2) This Act shall come into operation on such day as the Minister appoints by order.

(3) Notwithstanding subsection (2), if it is shown to the satisfaction of the Minister, as respects any particular requirement of this Act, that by reason of substantial expenditure involved through the necessity of providing new, or altering existing, buildings, or on account of other special difficulties, it would be right in the case either of offices generally or of any class or description of office that the requirement should not come into operation on the day appointed under subsection (2), he may by order postpone the date of coming into operation of the said requirement as respects offices generally or that class or description of office, until such date as he may think fit but not later than two years after the day appointed under subsection (2).

(4) Notwithstanding subsection (2), section 24 shall come into operation on the passing of this Act.

2 Interpretation generally.

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

“class or description”, in relation to offices, includes a group of offices described by reference to locality;

“clerical work” includes book-keeping, sorting and filing, typing, document reproduction, machine calculating, drawing, the handling of mail, telephone and telegraph operating and the handling of money;

“contravention” includes, in relation to any provision, a refusal or failure to comply with that provision, and “contravene” shall be construed accordingly;

“enforcing authority” has the meaning given to it by section 25;

“fume” includes gas or vapour;

“inspector” means an officer authorised by or under section 27 to act as an inspector for the purposes of this Act;

“maintained” means maintained in an efficient state, in efficient working order, and in good repair;

“the Minister” means the Minister for Industry and Commerce;

“owner” means the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the rack-rent if the premises were let at a rack-rent;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“sanitary authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

“sanitary conveniences” includes urinals, waterclosets, earthclosets, privies, ashpits, and any similar convenience;

“welfare regulations” means regulations made under section 23.

(2) For the purposes of this Act, an apprentice shall be deemed to be a person employed.

(3) Any reference in this Act to the District Court shall be construed as a reference to the Justice of the District Court having jurisdiction in the District Court area where the office in question is situated.

3 Offices.

3.— (1) In this Act “office” means any premises, room, suite of rooms or other part of premises in which persons are employed on clerical work.

(2) This Act does not apply to an office in which the number of persons employed on clerical work does not exceed five. For the purpose of this provision, all parts of a building or group of buildings in which persons are employed on clerical work by the same employer shall be taken together as forming one office, notwithstanding that such parts may be structurally separated from one another.

(3) This Act does not apply—

(a) to premises or parts of premises occupied by the Defence Forces,

(b) to premises or parts of premises where clerical work is performed at irregular intervals and for short periods,

(c) to a shop to which the Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938), applies,

(d) to such premises or classes of premises as are declared to be exempt in regulations made by the Minister.

(4) For the purposes of this section a person shall not be regarded as employed on clerical work if such work is merely incidental or subsidiary to his main occupation.

4 Application to offices belonging to the State.

4.—This Act applies to offices belonging to or in the occupation of the State but, in case of any public emergency, the Minister may, by order, to the extent and during the period named in the order exempt from this Act any office belonging to or in the occupation of the State or any office in respect of work which is being done on behalf of the State.

5 Expenses of Minister.

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

6 Expenses of sanitary authorities.

6.—The expenses of a sanitary authority under this Act shall be raised and defrayed in like manner as their expenses under the Local Government (Sanitary Services) Acts, 1878 to 1952, are raised and defrayed.

7 Repeals.

7.—The Acts mentioned in the Schedule are hereby repealed to the extent specified in the third column of the Schedule.

PART II. Health.

8 Cleanliness.

8.—(1) Every office shall be kept in a clean state and, without prejudice to the foregoing provision—

(a) accumulations of dirt, refuse, trade refuse and waste shall be removed daily by a suitable method from all rooms, staircases and passages,

(b) the floors shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method.

(2) In fulfilling, on an occasion when work is in progress, the requirements of subsection (1), the methods used shall, so far as is reasonably practicable, be such as not to give rise to dust.

(3) The Minister may, after consultation with the Minister for Health, make regulations modifying the provisions of this section or prescribing further requirements as to cleanliness and, in particular, without prejudice to the generality of the foregoing, requirements as to the cleaning, painting, whitewashing or colourwashing of inside walls, partitions, ceilings or tops of rooms, and the walls, sides and tops of passages and staircases.

9 Overcrowding.

9.—(1) An office shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.

(2) Without prejudice to the generality of subsection (1), an office shall be deemed to be so overcrowded as to cause risk of injury to the health of persons employed therein if the number of persons employed at a time in any room is such that the amount of space allowed for every person employed in the room is less than such amount as may be prescribed in regulations made by the Minister, after consultation with the Minister for Health, for offices or for any class or description of office.

10 Temperature.

10.—(1) Effective provision shall be made for securing and maintaining a reasonable temperature in each room, but no method shall be employed which results in the escape into the air of any room of any fume of such character and to such extent as to be likely to be injurious or offensive to persons employed therein.

(2) The Minister, after consultation with the Minister for Health, may, by regulations for offices or for any class or description of office or parts thereof, prescribe a standard of reasonable temperature and prohibit the use of any methods of maintaining a reasonable temperature which, in his opinion, are likely to be injurious to the persons employed, and direct that thermometers shall be provided and maintained in such places and position as may be specified.

11 Ventilation.

11.—(1) Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each room the adequate ventilation of the room and for preventing harmful draughts.

(2) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe a standard of adequate ventilation for offices or for any class or description of office or parts thereof.

12 Lighting.

12.—(1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of an office in which persons are working or passing.

(2) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe a standard of sufficient and suitable lighting for offices or for any class or description of office or parts thereof or for any kind of clerical work.

(3) All glazed windows and skylights used for the lighting of rooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction.

(4) Subsection (3) shall not affect the whitewashing or shading of windows and skylights for the purposes of mitigating heat or glare or the reasonable use of protective or translucent screens.

(5) So far as is reasonably practicable arrangements shall be made so that there is not, by reason of—

(a) the brightness of the light, or

(b) unsuitable shading, or

(c) unsuitable placing of light sources or positions of work,

discomfort or injury from glare or from reflection of light into the eyes of the worker.

13 Sanitary conveniences.

13.—(1) Sufficient and suitable sanitary conveniences for the persons employed in an office shall be provided, maintained and kept clean.

(2) The Minister may, after consultation with the Minister for Health, make regulations determining for offices or for any class or description of office what is sufficient and suitable provision for the purposes of this section.

14 Unsuitable rooms.

14.—(1) Clerical work shall not be carried on in any room which is certified by the enforcing authority to be unsuitable for the purpose as regards construction, height, light or ventilation, or on any hygienic ground, or on the ground that adequate means of escape in case of fire are not provided.

(2) Where the enforcing authority certifies under subsection (1) as unsuitable any room which is in actual use, the authority shall suspend the operation of the certificate for such period as the authority considers reasonable with a view to enabling the room to be rendered suitable or enabling the occupier to obtain other premises and the authority shall serve a copy of the certificate and notice of any suspension thereof on the occupier and the owner.

(3) If the occupier or owner is aggrieved by any decision of the enforcing authority under this section—

(a) he may, within twenty-one days of the date of issue of the certificate, appeal by way of complaint to the District Court,

(b) pending the final determination of an appeal against a decision under subsection (1) in the case of a room in actual use, no offence shall be deemed to be committed by reference to that subsection in respect of the room to which the appeal relates,

(c) the decision of the Court shall in all cases be binding on the occupier, the owner and the enforcing authority.

15 Application of Part VI of Shops (Conditions of Employment) Act, 1938, to clerical workers.

15.—Part VI of the Shops (Conditions of Employment) Act, 1938 (No. 4 of 1938), shall apply to persons employed on clerical work in or in connection with a shop, as if they were employed to do shop work.

16 Health regulations.

16.—(1) Where the Minister is satisfied that any material, substance, process or description of work, used in offices, is of such a nature as to cause risk of injury to the health of persons employed,

or any class of those persons, he may, after consultation with the Minister for Health make such regulations as appear to him to be reasonably practicable and to meet the necessity of the case.

(2) Regulations under this section may, among other things—

(a) prohibit the employment of, or modify or limit the hours of employment of, all persons or any class of persons in connection with any process or description of work,

(b) prohibit, limit or control the use and storage of any material or substance, or the use of any process,

(c) modify with respect to any class or description of office any provisions of this Act imposing requirements as to health or safety,

(d) impose duties on owners, employed persons and other persons as well as on occupiers.

(3) Regulations under this section may apply to all offices in which the material, substance, process or description of work is used or to any specified class or description of such offices, and may provide for the exemption of any specified class or description of office either absolutely or subject to conditions.

PART III. Safety.

17 Construction and maintenance of floors, passages and stairs.

17.—(1) All floors, steps, stairs, lifts, passages and gangways shall be of sound construction and properly maintained.

(2) For every staircase in a building or affording a means of exit from a building, a substantial handrail shall be provided and maintained, which, if the staircase has an open side, shall be on that side, and, in the case of a staircase having two open sides, or in the case of a staircase which, owing to the nature of the construction thereof or the condition of the surface of the steps or other, special circumstances, is specially liable to cause accidents, such a handrail shall be provided and maintained on both sides. Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

18 Means of escape in case of fire.

18.—(1) While any person is within an office for the purpose of employment or meals, the doors of the office, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the office from any building or from any enclosure in which the office is situated shall not be locked or fastened in such a manner that they cannot be easily and immediately opened from the inside.

(2) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage way for all persons employed in the room to a means of escape in case of fire.

(3) Every window, door or other exit affording means of escape in case of fire, or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice in red letters of an adequate size.

(4) The Minister may make regulations for offices, or for any class or description of office, requiring that provision be made for giving such warning in case of fire as may be prescribed.

(5) Effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use, and with the routine to be followed in case of fire.

(6) The Minister may make regulations for offices or for any class or description of office requiring that provision be made for fire preventive facilities.

PART IV. Welfare.

19 Supply of drinking water.

19.—An adequate supply of wholesome drinking water shall be made conveniently available for the use of employed persons.

20 Washing facilities.

20.—(1) There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

(2) The Minister, after consultation with the Minister for Health, may, by regulations, prescribe, either generally or as respects any class or description of office or any particular kind of work, a standard of adequate and suitable washing facilities.

(3) The Minister, after consultation with the Minister for Health, may, by regulations, provide for the exemption of offices from any of the requirements of this section in cases where, by reason of the difficulty of obtaining an adequate supply of water, or the fact that accommodation is restricted and adequate and suitable washing facilities are otherwise conveniently available or such other special circumstances as may be specified in the regulations, the application of the requirement would in his opinion be unreasonable.

21 Facilities for sitting.

21.—(1) Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work or where a substantial proportion of any work done by employed persons can properly be done sitting, there shall be provided and maintained for their use suitable facilities for sitting.

(2) The Minister may, by regulations, prescribe a standard of suitable facilities for sitting for offices or any class or description of office or parts thereof, or for any particular kind of work.

22 First-aid.

22.—In every office there shall be provided and maintained so as to be readily accessible one or more first-aid boxes or cupboards suitably equipped.

23 Welfare regulations.

23.—(1) Where it appears to the Minister that provision requires to be made in relation to any of the matters to which this section applies for securing the welfare of the persons employed or any class of them, he may, after consultation with the Minister for Health, make regulations (in this Act referred to as welfare regulations) requiring such reasonable steps to be taken in connection therewith as may be specified in the regulations, either in addition to, or in substitution for, or by way of extension or variation of, any of the foregoing provisions of this Part.

(2) This section applies to—

(a) the matters dealt with in the foregoing provisions of this Part,

(b) accommodation for clothing,

(c) facilities for preparing and taking meals,

(d) the supply of protective clothing,

(e) ambulance and first-aid arrangements,

(f) rest rooms,

(g) arrangements for the supervision of persons employed,

(3) This section shall not apply to offices in which the only persons employed are members of the same family dwelling there.

(4) Welfare regulations may—

(a) be made for a particular office or for offices of any class or description,

(b) be made contingent in respect of particular requirements upon application being made by a specified number or proportion of the employed persons concerned, and prescribe the manner in which the views of the persons employed are to be ascertained,