SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

• (d) direct that person to remedy the alleged contraventions by a date specified in the notice, which should not be earlier than the period within which an appeal can be brought under subsection (3).

• (2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice.

• (3) A person who is aggrieved by an improvement notice may, within the period of fourteen days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the Justice may—

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

• (b) cancel the notice.

• (4) A person who appeals against an improvement notice shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal and the grounds for appeal and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (5) Where an appeal against an improvement notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect whichever is the later.

• (6) Where no appeal is taken against an improvement notice, the notice shall take effect, 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.

• (7) An inspector may withdraw an improvement notice at any time before the date specified in it under subsection (1) (d) and he may extend or further extend that date at any time when an appeal against the notice is not pending.

37 Prohibition notice.

37.—(1) This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

• (2) If, as regards any activities to which this section applies, an inspector is of the opinion that, as carried on or are likely 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 personal injury to persons at any place of work, the inspector may serve on that person a notice signed by him (in this Act referred to as “a prohibition notice”).

• (3) A prohibition notice shall—

• (a) state that the inspector 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 of the relevant statutory provisions, 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) and any associated contravention of provisions so specified in pursuance of paragraph (c) have been remedied.

• (4) A prohibition notice shall take effect—

• (a) if the notice so declares 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) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (4) (a) shall not have the effect of suspending the operation of the notice; provided, however, that the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

• (6)
• (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 in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the said Justice may—

• (i) if he is satisfied that in the circumstances of the case it is reasonable to do so, 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) the District 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.

• (7) A person who appeals against a prohibition notice or who applies for a direction suspending the application of the notice under subsection (5) shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal or the application and the grounds for the appeal or the application and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

• (8) An inspector may revoke a prohibition notice.

• (9)
• (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 an inspector, 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 and 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.

38 Power of officer of customs and excise to detain articles, etc.

38.—For the purpose of facilitating the exercise or performance by the Authority of any of the powers or duties exercisable by it under any of the relevant statutory provisions, an officer of customs and excise, when authorised to do so by the Revenue Commissioners at the request in writing in that behalf by the Authority, may detain any article or substance being imported for so long as is reasonably necessary for an inspector to examine it, but in any event for not any longer than 48 hours from the time when the article or substance in question is detained.

39 Order of High Court as to use of place of work.

39.—(1) Where the Authority or an enforcing agency considers that the risk to the safety and health of persons is so serious that the use of a place of work or part thereof should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or an enforcing agency may apply, ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part thereof accordingly.

• (2) The Court may make such interim or interlocutory order as it considers appropriate.

• (3) Any such order shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the place of work or part thereof.

• (4) On any application for the revocation or variation of an order under subsection (1), the Authority or an enforcing agency, as appropriate, shall be entitled to be heard.

40 Indemnification of inspectors, etc.

40.—Where the Authority or an enforcing agency is satisfied that an inspector authorised by it, or any other member of the staff of the Authority, has discharged his duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, it shall indemnify the inspector, or such member of the staff of the Authority, against all actions or claims howsoever arising in respect of the discharge by him of his duties.

41 Inquiry into enforcing agency.

41.—(1) If the Authority alleges that any enforcing agency has failed to fulfil any of its functions under any of the relevant statutory provisions, the Authority may, with the consent of the Minister (which said consent shall be given only after consultation with the Minister of the Government who has responsibility for an enforcing agency which allegedly has failed to perform its functions) direct that an investigation be held into the alleged failure to act.

• (2) The Authority shall appoint a competent person or persons to hold the investigation and to prepare and submit to it a report stating conclusions on the alleged failure of the enforcing agency to perform its functions.

• (3) The Authority may, with the consent of the Minister, cause the whole or any part of a report made by virtue of subsection (2)—

• (a) to be made available to the enforcing agency in question,

• (b) to be made public at such time and in such manner as it considers appropriate.

• (4) It shall be the duty of an enforcing agency to co-operate with a person carrying out an inquiry under this section.

PART VI Obtaining and Disclosure of Information

42 Obtaining of information by the Authority.

42.—(1) The Authority may, for the purpose of obtaining information which the Authority or an enforcing agency requires for the discharge of its functions, by a notice in writing (in this section referred to as “a notice requiring information”) served on any person, require such person to furnish to the Authority within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.

• (2) The Authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the protection of the safety, health or welfare of persons under any of the relevant statutory provisions.

• (3) A person shall provide the information requested in a notice requiring information—

• (a) where no appeal is taken against the notice—

• (i) on the expiration of the period during which such an appeal may be taken; or

• (ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

• (iii) on such subsequent day as the Authority may agree to in writing,

whichever is the later;

• (b) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—

• (i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn; or

• (ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

• (iii) in case the operation of the notice has been suspended in accordance with subsection (4) (b), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that subsection,

whichever is the later.

• (4)
• (a) Where a person is aggrieved by a notice requiring information served on him, he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Justice of the District Court in the District Court District in which the notice is served in the prescribed manner 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 to do so, confirm the notice, with or without modification; or

• (ii) cancel the notice;

• (b) where on the hearing of an appeal under this subsection a notice requiring information is confirmed, 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;

• (c) the Justice determining an appeal under this subsection may make such order as to the payment of costs in respect of the appeal as he considers appropriate.

• (5) Where any opinion of the Authority to which subsection (2) relates purports to be contained in any document which—

• (a) purports to have been made by or at the direction of the Authority; and

• (b) is produced in evidence by an officer of the Authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

43 Information communicated by the Revenue Commissioners.

43.—If they see fit to do so for the purpose of facilitating the exercise or performance by the Authority or an enforcing agency or an inspector of the Authority or of an enforcing agency of any of the powers or duties exercised by them under any of the relevant statutory provisions, the Revenue Commissioners may authorise the disclosure to the Authority or to an enforcing agency or an inspector of the Authority or of an enforcing agency of any information obtained by the Revenue Commissioners for the purposes of the exercise by them of their functions in relation to articles or substances imported into the State.

44 Access to information.

44.—The Minister for Health and the Minister for Social Welfare may give to the Authority such information in relation to personal injury to persons at work as may be necessary for ensuring the safety, health or welfare of persons at work.

45 Restrictions on the disclosure of information.

45.—(1) In this section—

“relevant information” means information obtained by a person or furnished to any person pursuant to section 42 or section 43 or pursuant to a requirement imposed by any of the relevant statutory provisions;

“relevant consent” means, in the case of information furnished in pursuance of a requirement imposed by section 34, the consent of the person who furnished it, and, in any other case, the consent of a person having control of the activity or the place of work where the information was obtained;

“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

• (2) Subject to subsection (3), no relevant information shall be disclosed without the relevant consent.

• (3) Subsection (2) shall not apply to—

• (a) disclosure of information to the Authority, an enforcing agency or a Minister of the Government;

• (b) without prejudice to paragraph (a), disclosure by the recipient of information to any person for the purposes of any function conferred on the recipient by or under any of the relevant statutory provisions;

• (c) without prejudice to paragraph (a), disclosure by the recipient of information to an officer of a public body who is authorised by that body to receive it;

• (d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case; or

• (e) disclosure of information for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of this Act or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of this Act.

• (4) In subsection (3), any reference to the Authority, enforcing agency or a Minister of the Government includes respectively a reference to an officer of those bodies and also, in the case of a reference to the Authority, includes a reference to—

• (a) a person performing any function of the Authority;

• (b) an officer of a body which is so performing any such functions.

• (5) A person to whom information is disclosed pursuant to subsection (3) shall not use the information for a purpose other than—

• (a) in a case falling within paragraph (a) of that subsection, a purpose of the Authority, enforcing agency or a Minister of the Government in connection with the relevant statutory provisions; or

• (b) in the case of information given to an officer of a public body the purpose of such body in connection with their duties under the relevant statutory provisions or other statutory provisions relating to the protection of public safety, health or the environment.

• (6) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by the provisions of section 34, 46 or 47 (including, in particular, any information with respect to any trade secret obtained by him in any place of work entered by him by virtue of any such power) except—

• (a) for the purpose of his statutory functions; or

• (b) for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of section 47 or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of section 46; or

• (c) with the relevant consent.

• (7) Notwithstanding the provisions of subsection (6) an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any place of work adequately informed about matters affecting their safety, health or welfare, give to such persons or their representatives the following information, that is to say—

• (a) factual information obtained by him as mentioned in subsection (6) which relates to that place of work or anything which was or is therein or was or is being done therein provided that such information does not reveal any trade secrets; and

• (b) information with respect to any action which he has taken or proposes to take in or in connection with that place of work in the performance of his functions;

and, where an inspector does as aforesaid he shall give the like information to the employer of the first-mentioned persons.

• (8) Where for the purpose of evaluating information obtained under section 42 the Authority discloses that information to some other person, that other person shall not use that information for any purpose except for a purpose of the Authority and, before disclosing that information, the Authority shall inform that other person of his obligations under this section.

PART VII Special Reports and Inquiries

46 Investigations and special reports.

46.—(1) (a) The Authority may at any time direct any of its staff or any other competent person as it considers appropriate to investigate the circumstances surrounding any accident, disease, occurrence, situation or any other matter related to the general purposes of this Act and make a report to it, to be known and in this section referred to as “a special report”, on such matter.

• (b) A person who is not an inspector undertaking an investigation under this section shall, for the purposes of such investigation, have all the powers of an inspector under this Act.

• (2) In the case of an investigation and special report made under subsection (1), (otherwise than by a member of the staff of the Authority) the Authority may pay to the person making it such fees and expenses as the Minister may, with the approval of the Minister for Finance, determine.

• (3) The Authority may, to such extent as the Minister may determine, defray the costs, other than those incurred under subsection (2), if any, incurred in the preparation of a special report.

• (4) The Authority may cause a special report, or part of such special report, to be made public within a reasonable time and in such manner as it thinks fit.

• (5) In the case of an air or rail accident or an accident at sea the Authority shall not conduct an investigation into such accidents save with the consent of the Minister given with the concurrence of any other Minister of the Government he considers appropriate.

47 Power to direct an inquiry.

47.—(1) The Authority may, where it considers it necessary to do so and with the consent of the Minister, direct an inquiry to be held into any accident, disease, occurrence, situation or any other matter related to the general purposes of this Act.

• (2) The following provisions shall have effect in relation to an inquiry under this section—

• (a) the Authority shall appoint a competent person to hold the inquiry, and may appoint any person possessing legal or special knowledge to act as assessor to assist in the inquiry;

• (b) the person or persons appointed (hereinafter referred to as “the tribunal”) shall hold the inquiry in such manner and under such conditions as the tribunal may think appropriate for enabling it to conduct the inquiry, and for enabling the tribunal to make its report;

• (c) the tribunal shall have for the purposes of the inquiry all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and in addition, power—

• (i) to enter and inspect any place or building, the entry or inspection whereof appears to the tribunal requisite for the said purposes;

• (ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

• (iii) to require the production in legible form of all records, whether kept in manual form or otherwise, books, papers and documents which it considers necessary for the said purposes;

• (iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

• (3) Persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

• (4) The tribunal shall make a report to the Authority stating the causes and circumstances of the subject of the inquiry and adding any observations which the tribunal thinks right to make.

• (5) The Authority may cause the report of a tribunal made under this section to be made public at such time and in such manner as it thinks fit.

• (6) In the case of an inquiry and report under this section, the Authority may pay to the person or persons undertaking it such fees and expenses as the Minister may, with the consent of the Minister for Finance, determine.

• (7) The Authority may, to such extent as the Minister may determine, defray the other costs, if any, of such inquiry and report.

• (8) The tribunal may require the fees and expenses incurred in and about an inquiry under this section (including the fees of any persons appointed to act as assessors) to be paid in whole or in part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry but any such expenses not required to be paid shall be deemed to be part of the expenses of the Authority in the administration of this Act.

• (9) The Authority shall give notice of intention to conduct an inquiry under this section by a notice published in the Iris Oifigiúil and at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.

• (10) The Authority shall not have power to direct an inquiry into an air or rail accident or an accident at sea save with the consent of the Minister given with the concurrence of any other Minister of the Government he considers appropriate.

PART VIII Offences, Penalties and Legal Proceedings

48 Offences.

48.—(1) It shall be an offence for a person—

• (a) to fail to discharge a duty to which he is subject by virtue of sections 6 to 8, 9 (1), 10, 11, 12 (5) to (8), 13 (1) and (5), or

• (b) to contravene sections 9 (2), 12 (1) to (4), or

• (c) to contravene a provision of a regulation made under section 28.

• (2) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an inspector from exercising any functions conferred on him by this Act and it shall be an offence for a person wilfully to fail to comply with a bona fide request or instruction from an inspector in the exercise of his statutory functions.

• (3) It shall be an offence for a person to prevent or attempt to prevent any person from answering any question to which an inspector may by virtue of section 34 require an answer.

• (4) It shall be an offence to fail to submit an improvement plan to an inspector within the time specified in a direction under section 35 or to fail to implement an improvement plan which has been approved in accordance with the said section 35 but it shall be a good defence to a prosecution under the said section 35 if it can be shown that other measures providing at least equal protection were taken.

• (5) It shall be an offence for a person to contravene any requirement of an improvement notice issued in accordance with section 36.

• (6) It shall be an offence for a person to carry on activities in contravention of a prohibition notice issued in accordance with section 37.

• (7) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an officer of customs and excise in the exercise of any of the powers conferred on him by section 38.

• (8) It shall be an offence for a person to contravene any requirement imposed by a notice requiring information under section 42.

• (9) It shall be an offence for a person to use or to disclose any information in contravention of section 45.

• (10) It shall be an offence for a person intentionally to obstruct any person in the exercise of his powers under section 46.

• (11) If a person who without reasonable excuse (proof whereof shall lie on him) either fails, after having the expenses (if any) to which he is entitled tendered to him, or refuses to comply with any summons or requisition of a tribunal appointed under section 47 or otherwise prevents or impedes the tribunal in the execution of its duty, he shall be guilty of an offence.

• (12) It shall be an offence for a person to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—

• (a) in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

• (b) for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person.

• (13) It shall be an offence for a person to make a false entry intentionally in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false.

• (14) It shall be an offence for a person, with intent to deceive, to forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive.

• (15) It shall be an offence for a person falsely to pretend to be an inspector.

• (16) Where a person is convicted of an offence under any of the relevant statutory provisions the court may, in addition to or instead of inflicting a fine, order him to take steps within a specified time for remedying the matters in respect of which the contravention occurred (and may on application extend the time so specified) and any person who fails to comply with any such order within the specified time (as extended) shall be guilty of an offence.

• (17) If a person is killed, dies or suffers any personal injury, in consequence of any person who is subject to a duty by virtue of sections 6 to 11 having contravened any of the relevant statutory provisions, the latter person shall be guilty of an offence under this subsection; but

• (i) the latter person shall not be guilty of an offence under this subsection if a prosecution against him in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred;

• (ii) in the case of injury to health, the latter person shall not be guilty of an offence under this subsection unless the injury was caused directly by the contravention.

• (18)
• (a) Where a person is charged with a summary offence under any of the relevant statutory provisions, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge (whether or not the other person is his agent or servant);

• (b) if the commission of the offence is proved and the first person charged proves to the satisfaction of the court that he used all diligence to enforce the relevant statutory provisions and that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default, that other person shall be summarily convicted of the offence and the first person shall not be guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings;

• (c) the prosecution shall in any case to which this subsection applies, have the right to cross-examine the first person charged if he gives evidence and any witnesses called by him in support of his charge, and to adduce rebutting evidence.

• (19)
• (a) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly;

• (b) where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (20) Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.

49 Penalties.

49.—(1) Subject to subsections (2), (3) and (4), a person guilty of an offence under any of the relevant statutory provisions for which no express money penalty is provided shall be liable on summary conviction thereof to a fine not exceeding £1,000.

• (2) A person guilty of an offence under section 48 (1) shall be liable—

• (a) on summary conviction to a fine not exceeding £1,000, or

• (b) on conviction on indictment to a fine.

• (3) A person guilty of an offence—

• (a) under subsection (6) or (9) of section 48, or

• (b) which consists of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Authority or any other prescribed body something for the doing of which such a licence is necessary under the relevant statutory provisions, or

• (c) which consists of contravening a term of or a condition or restriction attached to any such licence as is mentioned in paragraph (b) shall be liable—

• (i) on summary conviction to a fine not exceeding £1,000, or

• (ii) on conviction on indictment to a fine or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

• (4) Nothing in this section shall be construed as creating an indictable offence in respect of regulations made under the European Communities Act, 1972.

50 Onus of proof.

50.—In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

51 Prosecution of offences, etc.

51.—(1) Subject to subsection (2), any summary offence under any of the relevant statutory provisions may be prosecuted by the Authority.

• (2) Where a summary offence under any of the relevant statutory provisions consists of a contravention of a provision which is to be enforced by an enforcing agency, the offence may be prosecuted by the enforcing agency.

• (3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for any offence under any of the relevant statutory provisions may be instituted at any time within one year after the date of the offence.

• (4) Where—

• (a) a special report on any matter to which section 46 of this Act applies is made; or

• (b) a report is made by a person holding an inquiry into any matter by virtue of section 47; or

• (c) a coroner's inquest is held concerning the death of any person whose death may have been caused by an accident which happened while he was at work or by a disease which he contracted or probably contracted at work or by an accident, act or omission which occurred in connection with the work of any person whatsoever;

and it appears from the report or, in a case falling within paragraph (c) from the proceedings at the inquest, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject matter of the report or inquest, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within six months of the making of the report or, in a case falling within paragraph (c), within six months of the conclusion of the inquest.

52 Appeals from orders.

52.—Any person (including the Authority or an enforcing agency) aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to a judge of the Circuit Court within whose circuit is situated the District Court in which the decision was given, and the decision of the judge of the Circuit Court on any such appeal shall be final and conclusive.

53 Evidence.

53.—(1) If a person is found in any place of work at any time at which work is going on, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been employed in such place of work.

• (2) Where any entry is required by any of the relevant statutory provisions to be made in any register or record, the entry made by an employer or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any of the relevant statutory provisions has not been made, shall be admissible as evidence that the provision has not been observed.

PART IX Miscellaneous

54 Certificates of birth.

54.—Where the age of any person is required to be ascertained or proved for the purposes of this Act, or any of the relevant statutory provisions, any person shall, on payment of a fee of 70 pence, be entitled to obtain a certificate from the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof.

55 General obligations with regard to fire safety.

55.—(1) The following provisions of the Fire Services Act, 1981, are hereby repealed—

• (a) subparagraph (i) of subsection (1) (f) of section 18, and

• (b) subsection (2) (b) of section 19.

• (2) Sections 45 (as amended by the Safety in Industry Act, 1980), 46, 47 (as amended by the Safety in Industry Act, 1980), 48 and 122 (2) of the Factories Act, 1955, are hereby repealed.

• (3) Section 27 of the Safety in Industry Act, 1980, is hereby repealed.

56 Inquest in case of death by accident or disease at work.

56.—Where a coroner holds an inquest on the body of any person whose death may have been caused by an accident which occurred or a disease which was contracted at a place of work, the following provisions shall have effect—

• (a) the coroner shall adjourn the inquest unless—

• (i) an inspector or some other person appearing on behalf of the Authority or an enforcing agency, as the case may be, is present to watch the proceedings, or

• (ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Authority or to an enforcing agency, as the case may be, notice of the time and place of holding the inquest at such time as to reach the Authority or an enforcing agency not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

• (b) if the coroner adjourns the inquest—

• (i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

• (ii) he shall, at least four days before holding the adjourned inquest, send to the Authority or to an enforcing agency, as the case may be, notice in writing of the time and place of holding the adjourned inquest;

• (c) no person having a personal interest in or employed in or about or in the management of the place of work in or about which the accident or disease occurred or was contracted shall be qualified to serve on the jury;

• (d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) of this section and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

• (e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor—

• (i) an inspector or any other person appearing on behalf of the Authority or an enforcing agency, as the case may be,

• (ii) any relation or friend of the person in respect of whose death the inquest is being held,

• (iii) the employer at the place of work in which the accident or disease occurred or was contracted,

• (iv) any person appointed in writing by the majority of the persons employed at the place of work,

• (v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the place of work belongs,

• (vi) any person appointed in writing by any association of employers of which the employer at the place of work is a member;

• (f) where an inspector or a person on behalf of the Authority or an enforcing agency, as the case may be, is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or disease, or of any defect in or about the place of work appearing to the coroner or jury to require a remedy, the coroner shall send to the Authority or to an enforcing agency, as the case may be, notice in writing of the neglect or defect.

57 Application of Act to prisons, etc.

57.—This Act shall apply to prisons and places of detention unless its application is incompatible with safe custody, good order and security.

58 Increases in miscellaneous penalties.

58.—The following provisions shall have effect—

• (a) the maximum penalty for an offence under section 74 (3) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

• (b) the maximum penalty for an offence under section 76 (2) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

• (c) the maximum penalty for an offence under section 76 (5) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

• (d) the maximum penalty for an offence under section 91 (5) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

• (e) the maximum penalty for an offence under section 104 (as inserted by section 56 (j) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £100 and, accordingly, that section shall be construed and have effect as if the reference therein to £6 were a reference to £100;

• (f) the maximum penalty for an offence under section 119 (1) (as inserted by section 56 (l) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £300 or £25 per day and, accordingly, that section shall be construed and have effect as if the references therein to £30 and £3 were references to £300 and £25 respectively;

• (g) the maximum penalty for an offence under section 120 (3) (as inserted by section 56 (m) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £300 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £30 were a reference to £300;

• (h) the maximum penalty for an offence under section 139 of the Mines and Quarries Act, 1965, shall be £100 and, accordingly, that section shall be construed and have effect as if the reference therein to £20 were a reference to £100;

• (i) the maximum penalty for an offence under section 142 of the Mines and Quarries Act, 1965, shall be £300 and, accordingly, that section shall be construed and have effect as if the reference therein to £5 were a reference to £300;

• (j) the maximum penalty for an offence under section 52 (1) of the Dangerous Substances Act, 1972, shall be £1,000 or a prison term not exceeding 12 months and, accordingly, that subsection shall be construed and have effect as if the reference therein to £100 were a reference to £1,000 and the reference to six months were a reference to 12 months; and

• (k) the maximum penalty for an offence under section 52 (2) of the Dangerous Substances Act, 1972, shall be £200 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £20 were a reference to £200.

59 Licences.

59.—(1) The Minister may, for the purpose of protecting the safety, health or welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity to which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority, which licence the Authority is hereby authorised to issue.

• (2) The Authority may attach conditions to a licence issued in accordance with subsection (1) as it thinks proper including conditions as to its expiry or revocation.

• (3) The Authority may at its discretion grant or refuse an application for a licence under this section.

• (4) The Authority may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.

• (5)
• (a) The Authority shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper.

• (b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

• (6) If the Authority refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority shall, at his request, deliver to him a certificate stating the grounds on which it has refused a licence or attached the conditions.

• (7) The applicant may appeal to the High Court from the decision of the Authority within ten days after receipt of the certificate or such further time as the High Court may allow.

• (8) On the hearing of an appeal from a decision of the Authority refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the Court may confirm the decision or may direct the Authority to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

• (9) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.

60 Civil liability.

60.—(1) Nothing in this Act shall be construed—

• (a) as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by or under sections 6 to 11, or

• (b) as affecting the extent (if any) to which breach of a duty imposed by any of the existing enactments is actionable.

• (2) Breach of a duty imposed by regulations made under section 28 shall, so far as it causes damage, be actionable except in so far as regulations provide otherwise.

• (3) Subsections (1) and (2) shall apply without prejudice to any right of action which exists apart from the provisions of this Act.

• (4) Any term of an agreement which purports to exclude or restrict the operation of subsection (2) of this section, or any liability arising by virtue of that subsection shall be void, except in so far as regulations made under section 28 provide otherwise.

• (5) In this section “damage” includes death of or personal injury to any person.

61 Immunity of Authority or enforcing agency.

61.—No action or other proceedings shall lie or be maintainable against the Authority or an enforcing agency or any person referred to in section 16 (3) (a) for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions imposed on the said Authority or enforcing agency or person referred to in the said section 16 (3) (a).

FIRST SCHEDULE National Authority for Occupational Safety and Health

1.—The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land or other property.

2.—The Authority shall consist of a chairman (in this Schedule referred to as “the chairman”) and ten ordinary members.

3.—The chairman and ordinary members of the Authority shall be appointed by the Minister.

4.—In appointing persons to be ordinary members of the Authority, the Minister shall appoint three persons nominated by such organisations representative of employees as he considers appropriate, three persons nominated by such organisations representative of employers as he considers appropriate, and four persons representative of such Government Departments, State Agencies and other bodies, whose activities are concerned with matters relating to any of the purposes of this Act, as he considers appropriate.

5.—The chairman may at any time resign his office by letter addressed to the Minister and his resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

6.—The Minister may at any time remove the chairman from office.

7.—(1) Where a member of the Authority is—

• (a) nominated as a member of Seanad Éireann, or

• (b) elected as a member of either House of the Oireachtas or of the European Parliament, or

• (c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Authority.

• (2) Where a person who is a member of the staff of the Authority is—

• (a) nominated as a member of Seanad Éireann, or

• (b) elected as a member of either House of the Oireachtas or of the European Parliament, or

• (c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from the Authority any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.

• (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Authority or the staff of the Authority.

• (4) Without prejudice to the generality of subparagraph (2), that subparagraph shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subparagraph as service with the Authority for the purposes of any superannuation benefits.

8.—The chairman shall be appointed by the Minister either in a whole-time or a part-time capacity and shall hold office for not more than three years on such terms and conditions as the Minister determines with the consent of the Minister for Finance.

9.—The chairman shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

10.—Each ordinary member of the Authority shall be a part-time member and, subject to this Schedule, shall hold office for three years on such terms and conditions as the Minister determines with the consent of the Minister for Finance.

11.—The chairman and an ordinary member of the Authority whose term of office expires by effluxion of time shall be eligible for reappointment.

12.—The Minister may at any time remove an ordinary member of the Authority from office.

13.—An ordinary member of the Authority may resign his office as such member by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

14.—A member of the Authority shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

15.—Each ordinary member of the Authority shall be paid, out of moneys provided by the Oireachtas, such expenses as the Minister, with the consent of the Minister for Finance, may sanction.

16.—The Minister shall appoint one of the ordinary members of the Authority to be a vice-chairman of the Authority with the function of acting as chairman in the absence of the chairman.

17.—Where a casual vacancy occurs among the ordinary members of the Authority the Minister shall forthwith invite the organisation which previously nominated that member to nominate a person for appointment to fill the vacancy and the Minister shall appoint the person nominated to fill the vacancy.

18.—(1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions and may make arrangements for the regulation of its proceedings and business.

• (2) Such arrangements may, with the approval of the Minister, provide for the discharge, under the general direction of the Authority, of any of its functions by a committee of the Authority.

19.—The Minister may fix or sanction the date, time and place of the first meeting of the Authority.

20.—The quorum for a meeting of the Authority shall be five members.

21.—At a meeting of the Authority—

• (a) the chairman shall, if present, be the chairman of the meeting;

• (b) in the absence of the chairman or, if the office of chairman of the Authority is vacant, the vice-chairman of the Authority shall act as chairman;

• (c) if, and so long as, the chairman is not present or, if the office of chairman of the Authority is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the Authority present shall choose one of their number to be chairman of the meeting.

22.—The chairman and each ordinary member of the Authority attending a meeting of the Authority shall have a vote.

23.—Every question at a meeting of the Authority shall be determined by a majority of the votes cast on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

24.—The Authority may act notwithstanding one or more than one vacancy among its members.

25.—Subject to this Schedule, the Authority shall regulate its procedure and business.

26.—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

• (2) The seal of the Authority shall be authenticated by the signature of the chairman or some other member of the Authority authorised by it to act in that behalf and by the signature of an officer of the Authority authorised by it to act in that behalf.

• (3) Judicial notice shall be taken of the seal of the Authority and any document sealed with the seal shall be received in evidence.

27.—No person shall be a civil servant by virtue only of membership of the Authority.

SECOND SCHEDULE

PART I Existing Enactments

Chapter, Number and Year	Short Title
(1)	(2)
1882 c. 22	Boiler Explosions Act, 1882
1890 c. 35	Boiler Explosions Act, 1890
No. 10 of 1955 and No. 9 of 1980	Safety in Industry Acts, 1955 and 1980
No. 3 of 1958	Office Premises Act, 1958
No. 7 of 1965	Mines and Quarries Act, 1965
No. 10 of 1972 and No. 21 of 1979	Dangerous Substances Acts, 1972 and 1979
No. 18 of 1987	Safety, Health and Welfare (Offshore Installations) Act, 1987

PART II Regulations made under the European Communities Act, 1972, which are Existing Enactments

S.I. Number and Year	Title
(1)	(2)
No. 207 of 1979	European Communities (Wire-Ropes, Chains and Hooks) Regulations, 1979
No. 382 of 1979	European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979
No. 383 of 1979	European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979
No. 34 of 1980	European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1980
No. 365 of 1980	European Communities (Paints, etc.) (Classification, Packaging and Labelling) Regulations, 1980
No. 402 of 1980	European Communities (Safety Signs at Places of Work) Regulations, 1980
No. 61 of 1981	European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981
No. 149 of 1981	European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981
No. 258 of 1982	European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982
No. 27 of 1983	European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1983
No. 189 of 1983	European Communities (Dangerous Preparations) (Solvents) (Classification, Packaging and Labelling) Regulations, 1983
No. 170 of 1984	European Communities (Paints, etc.) (Classification, Packaging and Labelling) (Amendment) Regulations, 1984
No. 335 of 1984	European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1984
No. 89 of 1985	European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1985
No. 244 of 1985	European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985
No. 47 of 1986	European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986
No. 224 of 1986	European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1986
No. 244 of 1986	European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986
No. 292 of 1986	European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986
No. 204 of 1987	European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1987
No. 205 of 1987	European Communities (Paints, etc.) (Classification, Packaging and Labelling) (Amendment) Regulations, 1987
No. 47 of 1988	European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1988
No. 219 of 1988	European Communities (Protection of Workers) (Exposure to Lead) Regulations, 1988
No. 294 of 1988	European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1988
No. 34 of 1989	European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989

THIRD SCHEDULE Associated Statutory Provisions

Chapter, Number and Year	Short Title	Provisions which are Associated Statutory Provisions
(1)	(2)	(3)
1842 c. 55	Regulation of Railways Act, 1842	The whole Act
1871 c. 58	Regulation of Railways Act, 1871	The whole Act
1875 c. 17	Explosives Act, 1875	The whole Act
	Merchant Shipping Acts, 1894 to 1987	The whole Acts
1894 c. 28	Notice of Accidents Act, 1894	The whole Act
1900 c. 27	Railway Employment (Prevention of Accidents) Act, 1900	The whole Act
	Electricity (Supply) Acts, 1927 to 1988	The whole Acts
No. 40 of 1936	Air Navigation and Transport Act, 1936	Section 60
No. 12 of 1961	Poisons Act, 1961	Sections 14 and 15
	Road Traffic Acts, 1961 to 1987	The whole Acts
No. 12 of 1971	Nuclear Energy Act, 1971	The whole Act
No. 30 of 1976 and	Gas Act, 1976	Sections 7, 8 (2) and 38
No. 9 of 1987	Gas (Amendment) Act, 1987	Sections 2 and 3
No. 1 of 1981	Social Welfare (Consolidation) Act, 1981	Chapter 5 of Part II
No. 30 of 1981	Fire Services Act, 1981	Section 3 and Parts II and III
No. 6 of 1987	Air Pollution Act, 1987	The whole Act

FOURTH SCHEDULE Regulations

The matters in respect of which regulations may be made under section 28 shall include—

• (1)
• (a) any matter referred to in this Act as prescribed or to be prescribed;

• (b) any matter referred to in this Schedule as specified or to be specified;

• (2) requirements to be imposed on employers as regards the safety, health or welfare of their employees at work as regards—

• (a) the design, provision and maintenance of places of work,

• (b) the design, provision and maintenance of safe means of access to and egress from places of work,

• (c) the design, provision and maintenance of plant and machinery,

• (d) the provision, planning, organisation, performance and maintenance of systems of work,

• (e) the provision of information, instruction, training and supervision,

• (f) the provision, maintenance and use of protective clothing or equipment,

• (g) the preparation and revision of plans to be followed in emergencies, and

• (h) the obtaining of the services of competent persons so as to ensure the safety or health of persons at work;

• (3) requirements to be imposed on employers and self-employed persons as regards the conduct of their undertakings to provide that persons not in the employment of the said employers or self-employed persons are not exposed thereby to risks to their safety or health;

• (4) requirements to be imposed on persons to whom section 8 applies in relation to non-domestic places of work as regards such places of work, any article or substance provided for use in such places and as regards access to or egress from such places;

• (5) requirements to be imposed on employees as regards their safety, health or welfare at work including requirements as regards the use of any appliance, protective clothing, convenience, equipment or means or thing provided for securing their safety, health or welfare at work;

• (6) requirements to be imposed on persons who design, manufacture, import or supply specified articles for use at work as regards—

• (a) the design, construction, testing or examination of any article for use at work,

• (b) the provision of information on matters relating to the use at work for which any article was designed or tested or to its being dismantled or disposed of in a manner which will be safe and without risk to health of persons at work;

• (7) requirements to be imposed on persons who design or manufacture specified articles for use at work as regards the carrying out of research with respect to such articles with a view to the discovery of potential risks or the elimination or minimisation of any risks to the safety or health of persons at work;

• (8) requirements to be imposed on persons who erect or install specified articles for use at work as regards the erection or installation of any such article so as to be safe and without risks to health when such article is used in a place of work;

• (9) requirements to be imposed on persons who manufacture, import or supply any specified substance as regards—

• (a) the use, testing or examination of any such substance, or

• (b) the provision of information about any risk to safety or health to which the substance may give rise, about the results of tests on the substance or about its use or disposal in a manner which will be safe and without risk to health of persons at work;

• (10) requirements to be imposed on persons who manufacture, or in a case where the manufacture is undertaken outside the State import, any specified substances as regards the carrying out of research with a view to the discovery, elimination or minimisation of risks to safety or health to which the substance may give rise when in use;

• (11) requirements to be imposed on persons who design specified places of work as regards the design of such places so as to be safe and without risk to health of persons at work;

• (12) requirements to be imposed on persons who construct specified places of work as regards the construction of such places so as to be safe and without risk to health of persons at work;

• (13) requirements to be imposed on employers as regards safety statements;

• (14) requirements to be imposed as regards the regulation, prohibition or control of the use of any specified article for use at work including the guarding, siting, installing, commissioning, protecting, examining, altering, adjusting, dismantling, testing or inspecting of any such article;

• (15) requirements to be imposed as regards the marking of any specified article for use at work or designed for use as a component of such article;

• (16) requirements to be imposed as regards the regulation, prohibition or control of the use of any specified substance;

• (17) requirements to be imposed as regards the testing, examination, classification or labelling of any specified substance including notification of specified particulars in relation to such substance;

• (18) requirements to be imposed as regards the prohibition or the control of importation or supply of any specified article for use at work or of any specified substance;

• (19) requirements to be imposed as regards the prohibition or the regulation of the transport of any specified article for use at work or of any specified substance including requirements as regards the construction, testing and marking of containers and means of transport and the packaging and labelling for transport of such articles or substances;

• (20) requirements to be imposed as regards the use or design of specified safety signs at places of work;

• (21) requirements to be imposed as regards the making of arrangements for health surveillance of persons at work including medical examinations, biological monitoring or special health surveys;

• (22) requirements to be imposed as to the registration in a prescribed register of any specified activity or thing;

• (23) requirements to be imposed as to the appointment of prescribed persons or classes of persons to do prescribed things in relation to safety, health or welfare at work;

• (24) requirements to be imposed as to the regulation or prohibition from prescribed classes of employment of prescribed classes of persons;

• (25) requirements to be imposed with respect to any matter affecting the conditions in which persons work, including such matters as the structural conditions and stability of premises, the means of access to and egress from premises, cleanliness, temperature, humidity, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations, dust and fumes and exposure to water or other liquids;

• (26) requirements to be imposed as to monitoring the atmospheric or other conditions in which persons work;

• (27) requirements to be imposed as to specified facilities or arrangements for welfare at work (including supply of water, sanitary conveniences, washing or bathing facilities, ambulance and first-aid arrangements, cloakroom facilities, seating, refreshment facilities, facilities for the making or taking of meals, prohibiting the taking of meals or refreshments in specified circumstances);

• (28) requirements to be imposed so as to limit or control—