Safety, Health and Welfare at Work Act 2005

PART 1 Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Safety, Health and Welfare at Work Act 2005.

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

2. Interpretation.

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

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

“Act of 1989” means the Safety, Health and Welfare at Work Act 1989;

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

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

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

(b) of a non-harmonised international standard,

to carry out a specific conformity assessment activity;]

F1["Accreditation Board" shall be construed in accordance withsection 56A;]

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

F1["Act of 1993" means theIndustrial Development Act 1993;]

F1["Appeals Board" means an Appeals Board established undersection 56G;]

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

“article” means—

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

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

(c) any other product used by persons at work;

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

“Authority” means the Health and Safety Authority;

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

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

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

“confidential information” includes—

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

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

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

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

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

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

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

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

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

(c) the uncontrolled or accidental release, the escape or the ignition of any substance,

(d) a fire involving any substance, or

(e) any unintentional ignition or explosion of explosives,

as may be prescribed;

F2["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^31on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

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

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

“employer”, in relation to an employee—

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

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

(c) includes where appropriate, the successor of the employer or an associated employer of the employer;

“enactment” includes any instrument made under an enactment.

“existing enactments” means—

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

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

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

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

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

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

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

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

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

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

F1["Manager of the Accreditation Board" shall be construed in accordance withsection 56A(6);]

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

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

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

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

“personal injury” includes—

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

(b) any death,

that is attributable to work;

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

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

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

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

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

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

(c) a vehicle, vessel or aircraft;

“prescribed” means prescribed—

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

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

and cognate words shall be read accordingly;

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

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

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

F3["record" includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (including data that constitute personal data within the meaning of the Data Protection Regulation or Part 5 of the Data Protection Act 2018) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing;]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“use” includes—

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

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

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

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

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

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

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

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

F4[(b) an officer or servant of a harbour authority or the Health Service Executive or a member of staff of an education and training board is deemed to be an employee employed by the harbour authority, the Health Service Executive or education and training board, as the case may be, and]

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

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

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

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

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

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

(9) In this Act—

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

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

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

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

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

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

3. Service of notices, etc.

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

(a) by delivering it to the person;

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

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

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

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

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

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

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

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

4. Repeals and savings.

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

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

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

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

5. Expenses.

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

6. Application of relevant statutory provisions to certain public service activities.

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

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

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

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

(c) engaged in operations in aid to the civil power, or

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

7. Application of relevant statutory provisions to self-employed persons.

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

PART 2 General Duties

Chapter 1

8. General duties of employer.

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

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

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

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

(c) as regards the place of work concerned, ensuring, so far as is reasonably practicable—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Information for employees.

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

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

(b) includes the following information—

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

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

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

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

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

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

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

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

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

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

(ii) health surveillance,

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

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

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

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

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

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

10. Instruction, training and supervision of employees.

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

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

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

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

(d) in the case of—

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

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

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

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

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

(a) on recruitment,

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

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

(d) on the introduction of new technology.

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

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

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

11. Emergencies and serious and imminent dangers.

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

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

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

(c) for the purposes of implementing the plans, procedures and measures referred to in this section and section 8

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

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

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

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

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

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

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

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

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

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

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

(a) members of the Defence Forces;

(b) members of the Garda Síochána;

(c) employees of a fire authority (within the meaning of the Fire Services Act 1981); or

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

12. General duties of employers to persons other than their employees.

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

Chapter 2

13. Duties of employee.

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

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

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

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

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

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

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

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

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

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

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

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

of which he or she is aware.

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

14. Interference, misuse, etc.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 3

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

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

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

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

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

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

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

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

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

(f) comply with the relevant statutory provisions.

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

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

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

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

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

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

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

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

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

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

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

(a) the identification of the substance,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17. Duties related to construction work.

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

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

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

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

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

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

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

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

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

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

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

PART 3 Protective and Preventive Measures

18. Protective and Preventive Measures.

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

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

(3) Every employer shall—

(a) ensure that—

(i) the number of persons appointed, and

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

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

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

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

(5) An employer shall provide the competent person appointed under this section F5[…] with the following information:

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

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

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

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

19. Hazard identification and risk assessment.

19.—(1) Every employer shall identify the hazards in the place of work under his or her control, assess the risks presented by those hazards and be in possession of a written assessment (to be known and referred to in this Act as a “risk assessment”) of the risks to the safety, health and welfare at work of his or her employees, including the safety, health and welfare of any single employee or group or groups of employees who may be exposed to any unusual or other risks under the relevant statutory provisions.

(2) For the purposes of carrying out a risk assessment under subsection (1), the employer shall, taking account of the work being carried on at the place of work, have regard to the duties imposed by the relevant statutory provisions.

(3) The risk assessment shall be reviewed by the employer where—

(a) there has been a significant change in the matters to which it relates, or

(b) there is another reason to believe that it is no longer valid,

and, following the review, the employer shall amend the risk assessment as appropriate.

(4) In relation to the most recent risk assessment carried out by an employer, he or she shall take steps to implement any improvement considered necessary relating to the safety, health and welfare at work of employees and to ensure that any such improvement is implemented in respect of all activities and levels of the place of work.

(5) Every person to whom sections 12 or 15 applies shall carry out a risk assessment in accordance with this section to the extent that his or her duties under those sections may apply to persons other than his or her employees.

20. Safety statement.

20.—(1) Every employer shall prepare, or cause to be prepared, a written statement (to be known and referred to in this Act as a “safety statement”), based on the identification of the hazards and the risk assessment carried out under section 19, specifying the manner in which the safety, health and welfare at work of his or her employees shall be secured and managed.

(2) Without prejudice to the generality of subsection (1), every employer shall ensure that the safety statement specifies—

(a) the hazards identified and the risks assessed,

(b) the protective and preventive measures taken and the resources provided for protecting safety, health and welfare at the place of work to which the safety statement relates,

(c) the plans and procedures to be followed and the measures to be taken in the event of an emergency or serious and imminent danger, in compliance with sections 8 and 11,

(d) the duties of his or her employees regarding safety, health and welfare at work, including co-operation with the employer and any persons who have responsibility under the relevant statutory provisions in matters relating to safety, health and welfare at work,

(e) the names and, where applicable, the job title or position held of each person responsible for performing tasks assigned to him or her pursuant to the safety statement, and

(f) the arrangements made regarding the appointment of safety representatives and consultation with, and participation by, employees and safety representatives, in compliance with sections 25 and 26, including the names of the safety representative and the members of the safety committee, if appointed.

(3) Every employer shall bring the safety statement, in a form, manner and, as appropriate, language that is reasonably likely to be understood, to the attention of—

(a) his or her employees, at least annually and, at any other time, following its amendment in accordance with this section,

(b) newly-recruited employees upon commencement of employment, and

(c) other persons at the place of work who may be exposed to any specific risk to which the safety statement applies.

(4) Where there are specific tasks being performed at the place of work that pose a serious risk to safety, health or welfare, an employer shall bring to the attention of those affected by that risk relevant extracts of the safety statement setting out—

(a) the risk identified,

(b) the risk assessment, and

(c) the protective and preventive measures taken in accordance with the relevant statutory provisions in relation to that risk.

(5) Every employer shall, taking into account the risk assessment carried out under section 19, review the safety statement where—

(a) there has been a significant change in the matters to which it refers,

(b) there is another reason to believe that the safety statement is no longer valid, or

(c) an inspector in the course of an inspection, investigation, examination, inquiry under section 64 or otherwise directs that the safety statement be amended within 30 days of the giving of that direction,

and, following the review, the employer shall amend the safety statement as appropriate.

(6) Every employer who is conducting activities, as may be prescribed in accordance with this subsection, who contracts with another employer for that employer to provide services to him or her shall require that that employer is in possession of an up-to-date safety statement as required under this section.

(7) A copy of a safety statement, or relevant extract of it, shall be kept available for inspection at or near every place of work to which it relates while work is being carried out there.

(8) It shall be sufficient compliance with this section by an employer employing 3 or less employees to observe the terms of a code of practice, if any, relating to safety statements which applies to the class of employment covering the type of work activity carried on by the employer.

(9) Every person to whom section 12 or 15 applies shall prepare a safety statement in accordance with this section to the extent that his or her duties under those sections may apply to persons other than his or her employees.

21. Duty of employers to co-operate.

21.—Where employers share a place of work, they shall—

(a) in relation to safety, health and welfare at work, co-operate in complying with and implementing the relevant statutory provisions,

(b) taking into account the nature of the work carried on at the place of work concerned—

(i) co-ordinate their actions in matters relating to the protection from and prevention of risks to safety, health and welfare at work, and

(ii) inform each other and their respective employees and safety representatives (if any) of any risks to their safety, health and welfare arising from the work activity, including by the exchange of safety statements or relevant extracts therefrom relating to hazards and risks to employees.

22. Health surveillance.

22.—(1) Every employer shall ensure that health surveillance appropriate to the risks to safety, health and welfare that may be incurred at the place of work identified by the risk assessment under section 19, is made available to his or her employees.

(2) Subsection (1) is without prejudice to any more specific requirement for health surveillance which may be in force under the relevant statutory provisions.

23. Medical fitness to work.

23.—(1) An employer may require an employee of a class or classes, as may be prescribed, to undergo an assessment by a registered medical practitioner, nominated by the employer, of his or her fitness to perform work activities referred to in subsection (2) and the employee shall co-operate with such a medical assessment.

(2) An employer shall ensure that employees undergo assessment by a registered medical practitioner of their fitness to perform work activities, as may be prescribed, which, when performed, give rise to serious risks to the safety, health and welfare of persons at work.

(3) Where, following an assessment under subsection (1), a registered medical practitioner is of the opinion that an employee is unfit to perform work activities referred to in subsection (2), he or she shall notify the employer, by the quickest practicable means, of that opinion and the likelihood of early resumption of work for rehabilitative purposes and shall inform the employee accordingly, giving the reasons for that opinion.

(4) If an employee referred to in subsection (1) becomes aware that he or she is suffering from any disease or physical or mental impairment which, should he or she perform a work activity referred to in subsection (2), would be likely to cause him or her to expose himself or herself or another person to danger or risk of danger, he or she shall immediately notify the employer concerned or a registered medical practitioner nominated by that employer who shall in turn notify the employer.

(5) Where an employer receives a notification under subsection (3) or (4), he or she shall immediately take appropriate action to comply with his or her general duties under section 8.

24. Joint safety and health agreements.

24.—(1) A trade union of employees, representing a class or classes of employees, and a trade union of employers may—

(a) enter into or vary an agreement (in this Act referred to as a “joint safety and health agreement”) providing practical guidance to the employees and employers with respect to safety, health and welfare at work including the requirements of the relevant statutory provisions, and

(b) apply to the Authority seeking approval for the agreement or its variation.

(2) The Authority may approve of a joint safety and health agreement where it is satisfied that—

(a) the parties concerned consent to the approval sought,

(b) the agreement is expressed to apply to all employees of a particular class and their employers and the Authority is satisfied that it is normal and desirable that it should so apply,

(c) the parties to the agreement are substantially representative of such employees and employers,

(d) the agreement does not conflict with the requirements of the relevant statutory provisions, and

(e) the agreement is in a form suitable for approval.

(3) Where an application is made to the Authority for approval of a joint safety and health agreement, the Authority shall direct the parties concerned to publish information on the agreement in such a manner that is best calculated to bring the application to the notice of all persons concerned.

(4) The Authority shall not approve of a joint safety and health agreement until one month after its publication under subsection (3) and if any objection is received within that period, the Authority shall consider the objection and shall not approve the agreement if it does not comply with subsection (2).

(5) Approval of a joint safety and health agreement may be withdrawn by the Authority if it is satisfied that all parties thereto consent to its withdrawal or if the agreement is terminated by any of the parties concerned.

(6) Where the Authority approves of a joint safety and health agreement, it shall publish a notice of approval in Iris Oifigiúil and in at least 2 daily newspapers circulating in the State, and that notice shall—

(a) identify the agreement,

(b) specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the agreement is approved and published, and

(c) specify the date on which the agreement shall come into operation.

(7) The parties to a joint safety and health agreement shall make copies of the agreement, or variations thereof, available for inspection by all persons concerned.

(8) A joint safety and health agreement shall, so long as it continues to be approved by the Authority, be taken into account by the Authority or a person prescribed under section 33 for the purposes of assessing compliance by an employer with the relevant statutory provisions notwithstanding the fact that that employer and the employees concerned are not party to the joint safety and health agreement.

PART 4 Safety Representatives and Safety Consultation

25. Safety representatives.

25.—(1) Without prejudice to section 26, employees may, from time to time, select and appoint from amongst their number at their place of work a representative (in this Act referred to as a “safety representative”) or, by agreement with their employer, more than one safety representative, to represent them at the place of work in consultation with their employer on matters related to safety, health and welfare at the place of work.

(2) A safety representative may—

(a) inspect the whole or any part of the place of work—

(i) subject to subsection (3), after giving reasonable notice to the employer, or

(ii) immediately, in the event of an accident, dangerous occurrence or imminent danger or risk to the safety, health and welfare of any person,

(b) investigate accidents and dangerous occurrences provided that he or she does not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any of the relevant statutory provisions,

(c) after the giving of reasonable notice to the employer, investigate complaints relating to safety, health and welfare at work made by any employee whom he or she represents,

(d) accompany an inspector who is carrying out an inspection of the place of work under section 64 other than an inspection for the purpose of investigating an accident or dangerous occurrence,

(e) at the discretion of the inspector concerned, accompany an inspector who is carrying out an inspection under section 64 for the purpose of investigating an accident or dangerous occurrence,

(f) at the discretion of the inspector concerned, where an employee is interviewed by an inspector with respect to an accident or dangerous occurrence at a place of work, attend the interview where the employee so requests,

(g) make representations to the employer on any matter relating to safety, health and welfare at the place of work,

(h) make oral or written representations to inspectors on matters relating to safety, health and welfare at the place of work, including the investigation of accidents or dangerous occurrences,

(i) receive advice and information from inspectors on matters relating to safety, health and welfare at the place of work, or

(j) consult and liaise on matters relating to safety, health and welfare at work with any other safety representatives who may be appointed in the undertaking concerned, whether or not those safety representatives work in the same place of work, in different places of work under the control of the employer or at different times at the place of work.

(3) The employer and the safety representative shall, having regard to the nature and extent of the hazards in the place of work, agree the frequency or schedule of inspections which may be carried out under subsection (2)(a)(i), which agreement shall not be unreasonably withheld by the employer.

(4) Every employer shall consider any representations made to him or her by the safety representative in relation to the matters specified in this section or any other matter relating to the safety, health and welfare at work of his or her employees and, so far as is reasonably practicable, take any action that he or she considers necessary or appropriate with regard to those representations.

(5) An employer shall give to a safety representative such time off from his or her work as is reasonable having regard to all the circumstances, without loss of remuneration, to enable the safety representative—

(a) to acquire, on an ongoing basis, the knowledge and training necessary to discharge his or her functions as a safety representative, and

(b) to discharge those functions.

(6) Where an inspector attends at a place of work for the purpose of carrying out an inspection under section 64, the employer shall inform the safety representative that the inspection is taking place.

26. Consultation and participation of employees, safety committees.

26.—(1) Every employer shall, for the purpose of promoting and developing measures to ensure the safety, health and welfare at work of his or her employees and ascertaining the effectiveness of those measures—

(a) consult his or her employees for the purpose of making and maintaining arrangements which will enable the employer and his or her employees to co-operate effectively for those purposes,

(b) in accordance with the arrangements referred to in paragraph (a), consult with his or her employees, their safety representatives or both, as appropriate, in advance and in good time regarding—

(i) any measure proposed to be taken in the place of work which may substantially affect the safety, health and welfare of those employees, including measures to be taken under the relevant statutory provisions,

(ii) the designation of employees under section 11,

(iii) activities arising from or related to the protection from and the prevention of risks to safety, health and welfare at work,

(iv) the hazard identification and the risk assessment to be carried out under section 19,

(v) the preparation of a safety statement under section 20,

(vi) the information to be provided to employees under section 9,

(vii) the information required to be kept or notified to the Authority in respect of accidents and dangerous occurrences referred to in section 8(2)(k),

(viii) the appointment of persons referred to in section 18,

(ix) the planning and organisation of the training referred to in section 10, or

(x) the planning and introduction of new technologies particularly in relation to the consequences of the choice of equipment and working conditions and the working environment for the safety, health and welfare of employees.

(2) Employees shall have the right to make representations to and consult their employer on matters relating to their safety, health and welfare at work, including the matters specified in subsection (1).

(3) Where, in a place of work by agreement of the employer, there is a group of persons (by whatever name known) representative of the employer and the employees that constitutes a safety committee in compliance with Schedule 4 and that exists for the purpose of consultation regarding the safety, health and welfare at work of the employees, consultation within that group of persons may, to such extent as may be agreed between the employer and his or her employees, fulfil the requirements of subsections (1) and (2).

(4) Every employer shall consider any representations made to him or her by his or her employees in relation to the matters specified in this section or any other matter relating to their safety, health or welfare at work and, so far as is reasonably practicable, take any action that he or she considers necessary or appropriate with regard to those representations.

(5) An employer shall give to employees involved in arrangements for consultation referred to in subsections (1) and (3) such time off from their duties as is reasonable having regard to all the circumstances, without loss of remuneration, to enable those employees—

(a) to acquire the knowledge and training necessary to discharge their functions under this section, and

(b) to discharge those functions.

(6) In an undertaking in which arrangements for joint decisionmaking exist involving the employer and employees, these arrangements shall include consultation in accordance with this section.

27. Protection against dismissal and penalisation.

27.—(1) In this section “penalisation” includes any act or omission by an employer or a person acting on behalf of an employer that affects, to his or her detriment, an employee with respect to any term or condition of his or her employment.

(2) Without prejudice to the generality of subsection (1), penalisation includes—

(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2001), or the threat of suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(d) imposition of any discipline, reprimand or other penalty (including a financial penalty), and

(e) coercion or intimidation.

(3) An employer shall not penalise or threaten penalisation against an employee for—

(a) acting in compliance with the relevant statutory provisions,

(b) performing any duty or exercising any right under the relevant statutory provisions,

(c) making a complaint or representation to his or her safety representative or employer or the Authority, as regards any matter relating to safety, health or welfare at work,

(d) giving evidence in proceedings in respect of the enforcement of the relevant statutory provisions,

(e) being a safety representative or an employee designated under section 11 or appointed under section 18 to perform functions under this Act, or

(f) subject to subsection (6), in circumstances of danger which the employee reasonably believed to be serious and imminent and which he or she could not reasonably have been expected to avert, leaving (or proposing to leave) or, while the danger persisted, refusing to return to his or her place of work or any dangerous part of his or her place of work, or taking (or proposing to take) appropriate steps to protect himself or herself or other persons from the danger.

(4) The dismissal of an employee shall be deemed, for the purposes of the Unfair Dismissals Acts 1977 to 2001, to be an unfair dismissal if it results wholly or mainly from penalisation as referred to in subsection (2)(a).

(5) If penalisation of an employee, in contravention of subsection (3), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2001, relief may not be granted to the employee in respect of that penalisation both under this Part and under those Acts.

(6) For the purposes of subsection (3)(f), in determining whether the steps which an employee took (or proposed to take) were appropriate, account shall be taken of all the circumstances and the means and advice available to him or her at the relevant time.

(7) Where the reason (or, if more than one, the principal reason) for the dismissal of an employee is that specified in subsection (3)(f), the employee shall not be regarded as unfairly dismissed if the employer shows that it was (or would have been) so negligent for the employee to take the steps which he or she took (or proposed to take) that a reasonable employer might have dismissed him or her for taking (or proposing to take) them.

28. F6[Decision of adjudication officer under section 41 of Workplace Relations Act 2015

28.—A decision of an adjudication officer undersection 41of the Workplace Relations Act 2015 in relation to a complaint of a contravention ofsection 27shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to take a specified course of action, or

(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances.]

29. F7[Decision of Labour Court on appeal from decision referred to in section 28

29.—A decision of the Labour Court undersection 44of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to insection 28, shall affirm, vary or set aside the decision of the adjudication officer.]

30. Enforcement of determinations of Labour Court.

30.—F8[…]

31. Evidence of failure to attend before or give evidence or produce documents to Labour Court.

31.—F9[…]

PART 5 The Authority

Chapter 1

32. Continuance in being of Authority.

32.—(1) Notwithstanding the repeal of the Act of 1989 by section 4—

(a) the National Authority for Occupational Safety and Health shall continue in being and shall from the commencement of this Act be known as the Health and Safety Authority (and in this Act referred to as the “Authority”), and

(b) anything commenced but not completed before the commencement of that section by the Authority may be carried on and completed by it after such commencement as if that Act had not been repealed.

(2) Where, immediately before the commencement of section 4, any legal proceedings are pending to which the National Authority for Occupational Safety and Health is a party, the name of the Authority shall be substituted in the proceedings for that of the National Authority for Occupational Safety and Health and the proceedings shall not abate by reason of such substitution.

(3) The Authority shall be a body corporate with perpetual succession and an official seal and with power—

(a) to sue and be sued in its corporate name, and

(b) with the consent of the Minister and the Minister for Finance, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) Schedule 5 applies to the Authority.

33. Minister may prescribe persons to perform certain functions.

33.—(1) Subject to section 34, the Minister, with the consent of the Minister for Finance, and after consultation with any other Minister of the Government that the Minister considers appropriate, may prescribe persons to perform such functions in lieu of the Authority in respect of the implementation of any of the relevant statutory provisions, and to the extent as may be prescribed.

(2) A person prescribed under this section shall, in accordance with any guidelines given to the person by the Authority—

(a) make adequate arrangements for the performance of functions to the extent prescribed under subsection (1),

(b) perform any other functions conferred on the person by any of the relevant statutory provisions, and

(c) furnish to the Authority an annual report in accordance with subsection (3) and such other reports and information relating to his or her functions and activities under this Act, or as prescribed, as the Authority may from time to time require.

(3) As soon as practicable but in any case not later than 2 months after the end of each year, a person prescribed under this section shall prepare and submit a report (in this section referred to as the “annual report”) to the appropriate Minister referred to in subsection (1) and to the Authority.

(4) The annual report shall be in the form that the Authority may direct and shall include—

(a) information on the performance of the person concerned of his or her functions and activities under this Act or as prescribed, and

(b) any other information that the person considers appropriate or as the Minister may require.

33A. F10[Transfer of accreditation from Forfás

33A.—The powers and functions vested in Forfás by section 9 of the Act of 1993, in so far as they are for the purposes of and relate to accreditation, are transferred to the Authority.]

34. Functions of Authority.

34.—(1) The general functions of the Authority are—

(a) to promote, encourage and foster the prevention of accidents, dangerous occurrences and personal injury at work in accordance with the relevant statutory provisions,

(b) to promote, encourage, foster and provide education and training in the safety, health and welfare of persons at work,

(c) to encourage and foster measures promoting the safety, health and welfare of persons at work,

(d) subject to subsection (2) and section 33, to make adequate arrangements for the enforcement of the relevant statutory provisions,

F11[(dd) to perform the functions conferred on the Authority by theChemicals Act 2008,]

F12[(de) in relation to accreditation—

(i) to carry out accreditation in accordance with—

(I) the powers and functions transferred to it bysection 33A(inserted bysection 29of the Industrial Development (Forfás Dissolution) Act 2014), and

(II) the Accreditation Regulation,

(ii) to establish such procedures for the operation of accreditation as it considers appropriate including procedures for monitoring, inspecting and auditing conformity assessment bodies, and

(iii) to make any arrangements that it considers appropriate for providing information and advice on matters relating to accreditation,]

(e) to monitor, evaluate and make recommendations to the Minister regarding implementation of and compliance with—

(i) the relevant statutory provisions, and

(ii) best practice relating to safety, health and welfare at work, and the review and maintenance of relevant records by employers,

(f) to promote, encourage and foster co-operation with and between persons or bodies of persons that represent employees and employers and any other persons or bodies of persons, as appropriate, as regards the prevention of risks to safety, health and welfare at work in accordance with the relevant statutory provisions,

(g) to make any arrangements that it considers appropriate for providing information and advice on matters relating to safety, health and welfare at work,

(h) to make any arrangements that it considers appropriate to conduct, commission, promote, support and evaluate research, surveys and studies on matters relating to the functions of the Authority and for this purpose—

(i) to foster and promote contacts and the exchange of information with other persons or bodies of persons involved in safety, health and welfare at work in and outside the State, and

(ii) as it considers appropriate, to publish in the form and manner that the Authority thinks fit, results arising out of such research, studies and surveys,

(i) in accordance with section 43, to prepare and adopt a strategy statement and to monitor its implementation,

(j) in accordance with section 44, to prepare and adopt a work programme,

F13[(k) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to inparagraph (de)(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014), that the Minister may from time to time give to the Authority,]

(l) to give to the Minister any information relating to the performance of its functions that the Minister may from time to time require, and

(m) to perform any additional functions conferred on the Authority by order under section 35.

(2) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may make agreements with—

(a) any Minister of the Government, or other person, for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions, or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) any functions that may appropriately be performed by the Authority in connection with its functions under this Act.

F14[(2A) The functions of the Authority referred to inparagraph (de)(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014) ofsubsection (1)are delegated to the Accreditation Board and subject to this Act, shall be performed on behalf of the Authority by the Accreditation Board.]

(3) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.

(4) The Authority may perform any of its functions through or by the Chief Executive or any other member of staff of the Authority duly authorised by the Authority to act in that behalf.

35. Conferral of additional functions on Authority.

35.—(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Authority and any other Minister of the Government that he or she considers appropriate, by order—

(a) confer on the Authority any additional functions connected with the functions for the time being of the Authority that the Minister considers appropriate, subject to the conditions (if any) that may be specified in the order, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of those additional functions.

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

(b) An order under this subsection shall be made in the like manner, and subject to the same consent and consultations (if any) as the order that it is amending or revoking.

36. Establishment of subsidiaries.

36.—(1) The Authority may, without prejudice to its general responsibilities under this Act, perform any of its functions (other than those set out in section 34(1)(d)), provide any of its services or carry on any of its activities through a subsidiary (within the meaning of the Companies Acts 1963 to 2003) which is wholly owned by the Authority and, accordingly, the Authority may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, provision or carrying on, form and register such a subsidiary.

(2) The memorandum and articles of association of a subsidiary referred to in this section shall be in the form that may be determined by the Authority with the consent of the Minister and the Minister for Finance.

(3) (a) The Minister may give to the Authority such directions in writing as he or she considers appropriate in relation to any policy, programme or activity of a subsidiary and the body concerned shall comply or, as may be appropriate, secure compliance with that direction.

(b) A direction under paragraph (a) shall not apply to any particular undertaking or person (other than a subsidiary).

(4) A direction under subsection (3) in relation to the disposal of any assets or profits of a subsidiary shall not be given without the consent of the Minister for Finance.

37. Membership of Authority.

37.—(1) The Authority shall consist of a chairperson and 11 ordinary members who shall be appointed by the Minister, who shall comprise the Board of the Authority.

(2) The ordinary members of the Authority shall be—

(a) 3 persons nominated by such organisations representative of employees as the Minister considers appropriate,

(b) 3 persons nominated by such organisations representative of employers as the Minister considers appropriate,

(c) 5 persons as the Minister considers appropriate which shall include one person from the Department under whose auspices the Authority operates.

(3) The Minister shall, for the purposes of paragraph 13(b) of Schedule 5, designate one of the ordinary members of the Authority to be deputy chairperson of the Authority.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, a person who is a member of the Authority immediately before the commencement of that section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office in accordance with Schedule 5.

38. Advisory committees.

38.—(1) The Authority may from time to time establish advisory committees to advise it in relation to any of its functions and may determine the membership, term of office and terms of reference and regulate the procedure of any such committee.

(2) Where the Authority has appointed an advisory committee, it shall appoint one of the members of the committee as chairperson of that committee and another as deputy chairperson who shall act in the absence of the chairperson.

(3) The members of an advisory committee established under this section shall be paid by the Authority such allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

(4) Notwithstanding the repeal of the Act of 1989 by section 4, a person who is a member of an advisory committee immediately before the commencement of that section shall continue in office as such a member for the remainder of the term of office for which he or she was appointed, unless he or she dies or resigns from office or otherwise ceases to hold office.

39. Chief Executive.

39.—(1) There shall be a chief executive officer of the Authority who shall be known and is referred to in this Act as the “Chief Executive”.

(2) The Chief Executive shall be appointed and may be removed from office in accordance with the terms and conditions of his or her appointment by the Authority with the consent of the Minister.

(3) The Authority, with the consent of the Minister and the Minister for Finance, may appoint one or more assistants to the Chief Executive who shall be known and is referred to in this Act as the “Assistant Chief Executive”.

(4) The Chief Executive shall carry on, manage and control generally the administration and business of the Authority and perform any other functions that may be conferred on him or her by this Act or as may be determined by the Authority.

(5) The Chief Executive shall—

(a) prepare and submit to the Authority a draft strategy statement in accordance with section 43 and a draft work programme in accordance with section 44,

(b) provide annual and other progress reports to the Authority on the implementation of the strategy statement at such intervals as the Authority may from time to time direct,

(c) provide advice to the Authority with respect to any matter within, affecting or connected with the functions of the Authority,