Safety in Industry Act , 1980

PART I Preliminary and General

1 Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Safety in Industry Act, 1980.

(2) This section shall come into operation on the passing of this Act, and the other provisions of this Act shall come into operation on such day or days as may be fixed 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 fixed for different purposes and different provisions of this Act.

(3) The Principal Act and this Act shall be construed together as one Act.

(4) The Principal Act and this Act may be cited together as the Safety in Industry Acts, 1955 and 1980.

2 Interpretation.

2.—In this Act—

“the Acts” means the Safety in Industry Acts, 1955 and 1980;

“approved” means approved for the time being by the Minister;

“functions” includes powers and duties;

“lifting tackle” includes clamps and similar attachments, chain slings, rope slings, rings, hooks, shackles, swivels, spreader beams and spreader frames;

“the Minister” means the Minister for Labour;

“plant” includes any electrical or other appliance or equipment (or any part thereof) or any other machine or machinery (or any part thereof), whether driven by mechanical power or not, including in particular a hoist, lift, lifting tackle, steam or other boiler, steam receiver, air receiver, transmission machinery or lifting machine;

“the Principal Act” means the Factories Act, 1955;

“prohibition notice” has the meaning assigned to it by section 11 (2);

“safety committee” has the meaning assigned to it by section 36 (1);

“safety delegate” has the meaning assigned to it by section 36 (4) (b);

“safety officer” means a person who for the time being stands appointed under regulations made under section 57 or 71 of the Principal Act to be a safety officer;

“safety representative” has the meaning assigned to it by section 35 (1);

“specified premises” means—

(a) premises described in section 83 (1) or 84 (1) of the Principal Act,

(b) premises to which the provisions of the Principal Act mentioned in section 85 (1) thereof are by that section applied,

(c) a dock, wharf, quay or warehouse mentioned in section 86 (1) of the Principal Act or a line or siding mentioned in the said section 86 (1) or in section 88 (1) or 89 (1) of the Principal Act,

(d) a dock, harbour or canal in which there is for the time being a ship which is being loaded, unloaded, coaled or otherwise bunkered,

(e) any place where building operations described in section 88 (1) of the Principal Act or works of engineering construction described in section 89 (1) of that Act are being carried on.

3 Definition of “factory” amended.

3.—(1) Section 3 (1) of the Principal Act shall be construed and have effect as if the following paragraphs were substituted for paragraph (xviii):

“(xviii) any premises in which cattle, sheep, poultry or other animals are killed in the course of a business, for packing or otherwise,

(xix) any premises in which mechanical power or steam boilers are used for or in relation to the cleaning, grading or packing of any fruit or vegetables (including fungi).”.

(2) Where in premises which apart from this subsection are not a factory—

(a) plant is being installed for the purpose of being used at work in the premises and the plant is such that were it to be so used therein the premises would by reason of such use be a factory, or

(b) plant which was so used in the premises (or though not used in the premises was intended to be used at work in the premises) is being dismantled and either at the time when it was last being so used therein the premises were a factory, or the plant is such that were it to be used at work therein the premises would by reason of such use be a factory,

then for the purposes of this Act, for so long as the plant is being so installed or is being dismantled the said premises shall be, or as may be appropriate, shall continue to be, regarded as being a factory.

4 Amendment by order of Acts and section 3 of Principal Act.

4.—(1) The Minister may by order amend any provision of the Acts so as to comply with any international obligations that the State has decided to assume and which relate, either exclusively or otherwise, to the safety, health or welfare of persons to whom the provisions of the Acts apply.

(2) The Minister may, for the purpose of extending the meaning of “factory” for the purpose of the Acts, by order amend section 3 of the Principal Act, as amended by this Act.

(3) The Minister may by order revoke or amend an order under this section including an order under this subsection.

(4) Where an order under this section is intended to be made by the Minister, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

5 Regulations for safety and health.

5.—Section 71 of the Principal Act, as amended by section 25 of the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971, is hereby amended by the insertion after subsection (1) of the following subsection:

“(1A) Where the Minister is satisfied that if noise or other sound, pollutant, vibration or other thing were present throughout a factory or throughout a part of a factory to an extent greater than a particular amount or level it would thereby cause risk of bodily injury to the persons employed, he may, after consultation with the Minister for Health, make such special regulations as appear to him to be reasonably practicable and to meet the necessity of the case.”.

6 Serving and sending of documents.

6.—Section 113 of the Principal Act is hereby amended by the substitution of the following for subsection (3):

“(3) Any document (including any summons or order) required or authorised to be served or sent under this Act may be served on or sent to a body, whether corporate or unincorporated—

(a) by leaving it at or sending it by post to the registered office (if any) of the body,

(b) by leaving it at or sending it by post to any place in the State at which the body conducts business, or

(c) by sending it by post to any person who is a director, manager, secretary or other officer of the body or is purporting to act in any such capacity at the place where that person resides or by leaving it at that place.”.

7 Repeals.

7.—The following provisions of the Principal Act are hereby repealed:

(a) in section 2 (1) the definition of “degrees”,

(b) subsections (18) and (19) of section 45,

(c) sections 34 (3), 47 (3), 73 and 119 (2),

(d) in section 26 (2) the word “male”,

(e) in section 47 (4) the words “constructed after the coming into operation of this section”, and

(f) in section 86 (3) the words “women and”.

PART II Safety and Notification of Accidents

8 Duties of persons employed.

8.—Section 125 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) The following provisions shall apply to a person who is employed in a factory or in any other place to which any of the provisions of the Safety in Industry Acts, 1955 and 1980, apply, namely,

(a) he shall take reasonable care for his own safety and health and that of any other persons who may be affected by his acts or omissions while at work,

(b) he shall co-operate with this employer and any other person to such extent as will enable his employer or the other person to comply with any provision of the said Acts or of regulations under the said Acts which applies to his employer or the other person,

(c) he shall not intentionally interfere with or misuse any means, appliance, convenience, equipment or other thing provided in pursuance of the said Acts or of regulations thereunder for securing the health, safety or welfare of the persons so employed,

(d) he shall use any clothing, equipment, appliance or other means or thing so provided (whether for his use alone or for use by him in common with others) for securing his health, safety or welfare while at work.”.

9 General duties of manufacturers etc. as regards plant for use at work.

9.—(1) It shall be the duty of any person who manufactures, imports or supplies any plant for use at work in a factory or specified premises or in work which is work described in section 87 (1) of the Principal Act to ensure, so far as is reasonably practicable, that safeguards have been provided in relation to the plant to ensure its safe operation when it is being properly used.

(2) Any duty imposed on any person by this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not).

(3) Where a person (which person is in this subsection referred to as “the supplier”) supplies to another (which other is in this subsection referred to as “the customer”) any plant described in subsection (1) of this section, under a hire-purchase agreement or credit-sale agreement, and the supplier—

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

(b) in the course of that business acquired his interest in the article supplied to the customer as a means of financing its acquisition by the customer from a third person (which person is in this subsection referred to as “the dealer”), the dealer and not the supplier shall be treated for the purposes of this section as supplying the article to the customer, and any duty imposed by this section on suppliers shall accordingly fall on the dealer and not on the supplier.

(4) For the purposes of this section plant shall not be regarded as being properly used where it is used without regard to the relevant information or advice relating to its use which has been made available by a person by whom it was designed, manufactured, imported or sold or otherwise supplied.

(5) (a) For the purpose of giving effect to subsection (1) of this section the Minister may by regulations prescribe specifications or other requirements with which the design and construction of any plant which is of a prescribed class or description shall comply.

(b) Where a person manufactures, imports or supplies plant for use at work described in subsection (1) of this section which is of a class or description specified in regulations under this section which are for the time being in force and the plant does not satisfy a requirement of the regulations, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £400.

(6) Where plant is used at work in a factory, in specified premises or in work described in section 87 (1) of the Principal Act and a request is made in that behalf by an inspector, the occupier shall give to the inspector the name of the person by whom the plant was sold or otherwise supplied.

(7) Where a request is made of an occupier pursuant to subsection (6) of this section and the name of the person by whom the relevant plant was sold or otherwise supplied is within the knowledge of the occupier of whom the request is made, then if such occupier fails to comply with the request he shall be guilty of an offence.

(8) Any person who as principal or agent by act or omission contravenes subsection (1) of this section shall be guilty of an offence.

(9) Proceedings shall not be taken under this section and under section 109 of the Principal Act in relation to the same act or omission.

10 Power of Minister to require plant to be examined and tested and to require certain reports.

10.—(1) Where there is an accident or dangerous occurrence in a factory or specified premises and the Minister is satisfied that the accident or occurrence may have been caused (whether wholly or partly) by any plant, then if the Minister considers it necessary for the proper investigation of the accident or occurrence, he shall by a notice in writing require the occupier, or the owner of the plant concerned,

(a) to have such plant, or in case the accident or occurrence is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person, and

(b) to have a report of the results of the examination and test prepared and submitted to the occupier or such owner, as may be appropriate, by the person by whom the examination and test was carried out as soon as may be and in any case not later than twenty-eight days after the completion of the examination and test, and

(c) to give to the Minister a copy of such report within seven days of its receipt in pursuance of paragraph (b) of this subsection.

(2) A report required under subsection (1) of this section shall include particulars of—

(a) the manner in which the relevant examination was carried out,

(b) the method used when making any tests,

(c) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in, the plant examined, and

(d) such other matter as the Minister may specify when making the requirement.

(3) If the Minister is not satisfied as to the adequacy of a report under this section, or the competence of a person employed to make an examination and test referred to in this section or as to the adequacy of such an examination and test, he may require the owner of the plant concerned to have it re-examined and tested at the expense of such owner by a person nominated by the Minister, and in case the Minister makes a requirement under this subsection such owner shall give any necessary facilities for such re-examination and test.

(4) Any person who fails to comply with a requirement of a notice served on him under subsection (1) of this section shall be guilty of an offence.

(5) In any proceedings for an offence under this section it shall be a good defence for the accused to prove that he used all due diligence to comply with the requirements of the relevant notice.

11 Prohibition notices.

11.—(1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which any provision of the Acts or of regulations under the Acts applies or will, if the activities are so carried on, apply.

(2) If as regards any activities to which this section applies the Minister is of the opinion that, as carried on or about to be carried on by or under the control of the person in question, the activities involve or, as the case may be, are likely to involve a risk of serious bodily injury to persons employed, the Minister may serve on that person a notice (in this Act referred to as “a prohibition notice”).

(3) A prohibition notice shall—

(a) state that the Minister is of the said opinion,

(b) specify the matters which in his opinion give or, as the case may be, are likely to give rise to the said risk,

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any provision of or any regulations under the Acts, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion, and

(d) direct that the activities to which the notice relates shall be carried on neither by or under the control of the person on whom the notice is served nor by or under the control of any other person unless the matters specified in the notice in pursuance of paragraph (b) of this subsection, and any associated contravention of provisions so specified in pursuance of paragraph (c) of this subsection, have been remedied.

(4) A prohibition notice shall take effect—

(a) in case the Minister is of the opinion, and states it in the notice, that the risk of serious bodily injury to persons employed is or, as the case may be, will be imminent, immediately the notice is received by the person on whom it is served,

(b) in any other case—

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later, or

(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) (a) A person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court against the notice and in determining the appeal the Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable so to do, confirm the notice, with or without modification,

or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4) of this section, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate.

(6) The Minister may revoke a prohibition notice.

(7) A prohibition notice shall be signed by an officer of the Minister who is for the time being authorised in writing by the Minister to sign such notices.

(8) (a) Where a prohibition notice has been served and activities are carried on in contravention of the notice, the High Court may on the application of the Minister by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(9) Any person who carries on activities in contravention of a prohibition notice shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

12 Place of employment and means of access or egress to be safe.

12.—(1) The following subsection is hereby substituted for subsection (1) of section 37 of the Principal Act: