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Reform history

Safety, Health and Welfare at Work Act 2005

2 versions · 2005-06-22

2026-01-01

IE-2005-act-10 — consolidated version 2026-01-01

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@@ -1,14 +1,12 @@

# Safety, Health and Welfare at Work Act 2005

## PART 1 Preliminary and General

##### 1 Short title and commencement.

##### 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. **Interpretation.**

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

@@ -18,6 +16,22 @@

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

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

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

(*b*) of a non-harmonised international standard,

to carry out a specific conformity assessment activity;]

F1["Accreditation Board" shall be construed in accordance with*section 56A*;]

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

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

F1["Appeals Board" means an Appeals Board established under*section 56G*;]

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

“article” means—

@@ -44,6 +58,10 @@

(*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;

@@ -62,6 +80,8 @@

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;

@@ -84,6 +104,8 @@

“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*;

@@ -96,6 +118,8 @@

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

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

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

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

@@ -140,7 +164,7 @@

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

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

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;

@@ -164,7 +188,7 @@

“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 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;

@@ -190,11 +214,11 @@

(*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,

(*b*) an officer or servant of a harbour authority, the Health Service Executive or a vocational educational committee is deemed to be an employee employed by the harbour authority, the Health Service Executive or vocational education committee, as the case may be, and

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.

(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.

@@ -218,7 +242,7 @@

(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. **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:

@@ -240,7 +264,7 @@

(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. **Repeals and savings.**

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

@@ -250,11 +274,11 @@

(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. **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. **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.

@@ -268,15 +292,15 @@

(*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. **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 *General Duties of Employer*

##### 8 General duties of employer.

### 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.

@@ -318,7 +342,7 @@

(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. **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—

@@ -360,7 +384,7 @@

(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. **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—

@@ -396,7 +420,7 @@

(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. **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—

@@ -436,17 +460,17 @@

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

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

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

##### 13 Duties of employee.

### 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,

@@ -472,7 +496,7 @@

(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. **Interference, misuse, etc.**

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

@@ -480,7 +504,7 @@

(*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. **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—

@@ -502,9 +526,9 @@

(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 *General Duties of Other Persons*

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

### 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—

@@ -578,7 +602,7 @@

(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. **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—

@@ -604,7 +628,7 @@

## PART 3 Protective and Preventive Measures

##### 18 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.

@@ -622,9 +646,9 @@

(*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 who is not in his or her employment with the following information:

(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;

@@ -634,7 +658,7 @@

(*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. **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.

@@ -652,7 +676,7 @@

(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. **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.

@@ -704,7 +728,7 @@

(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. **Duty of employers to co-operate.**

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

@@ -716,13 +740,13 @@

(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. **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. **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.

@@ -734,7 +758,7 @@

(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. **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—

@@ -774,7 +798,7 @@

## PART 4 Safety Representatives and Safety Consultation

##### 25 Safety representatives.

##### 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.

@@ -816,7 +840,7 @@

(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. **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—

@@ -858,7 +882,7 @@

(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. **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.

@@ -896,109 +920,33 @@

(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 Complaints to rights commissioners.

**28.**—(1) Without prejudice to *section 27(4)*, an employee may present a complaint to a rights commissioner that his or her employer has contravened *section 27*.

(2) Where a complaint under *subsection (1)* is made, the rights commissioner shall—

(*a*) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(*b*) give a decision in writing in relation to it, and

(*c*) communicate the decision to the parties.

(3) A decision of a rights commissioner under *subsection (2)* shall do one or more of the following:

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

(*b*) require the employer to take a specific course of action;

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

(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him or her within the period of 6 months beginning on the date of the contravention to which the complaint relates or such further period not exceeding 6 months as the rights commissioner considers reasonable.

(5) (*a*) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(*b*) A copy of a notice under *paragraph (a)* shall be given to the other party concerned by the rights commissioner concerned.

(6) Proceedings under this section before a rights commissioner shall be conducted otherwise than in public.

(7) A rights commissioner shall furnish the Labour Court with a copy of any decision given by the commissioner under *subsection (2)*.

##### 29 Appeals from and enforcement of decisions of rights commissioner.

**29.**—(1) A party concerned may appeal to the Labour Court from a decision of a rights commissioner under *section 28* and, if the party does so, the Labour Court shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.

(2) An appeal under this section shall be initiated by the party concerned, within 6 weeks of the date on which the decision to which it relates was communicated to the party, by giving written notice to the Labour Court under *subsection (4)* stating the intention of the party concerned to appeal against the decision.

(3) A copy of a notice under *subsection (2)* shall be given by the Labour Court to any other party concerned as soon as practicable after the receipt of the notice by the Labour Court.

(4) The following matters, or the procedures to be followed in relation to those matters, shall be determined by the Labour Court, namely—

(*a*) the initiation and the hearing by the Labour Court of appeals under this section,

(*b*) the times and places of hearings of such appeals,

(*c*) the representation of the parties to such appeals,

(*d*) the publication and notification of determinations of the Labour Court,

(*e*) the particulars to be contained in a notice under *subsection (2)*, and

(*f*) any matters consequential on, or incidental to, the matters referred to in *paragraphs (a)* to *(e)*.

(5) The Minister may, at the request of the Labour Court, refer a question of law arising in proceedings before it under this section to the High Court for its determination and the determination of the High Court shall be final and conclusive.

(6) A party to proceedings before the Labour Court under this section may appeal to the High Court from a determination of the Labour Court on a point of law and the determination of the High Court shall be final and conclusive.

(7) Section 39(17) of the Redundancy Payments Act 1967 shall apply in relation to proceedings before the Labour Court under this Part as it applies to matters referred to the Employment Appeals Tribunal under that section with—

(*a*) the substitution in that provision of references to the Labour Court for references to the Tribunal, and

(*b*) the substitution in paragraph (*e*) of that provision of “€3,000” for “£150”.

(8) Where a decision of a rights commissioner in relation to a complaint under this Act has not been carried out by the employer concerned in accordance with its terms, the time for bringing an appeal against the decision has expired and no appeal has been brought, the employee concerned may bring the complaint before the Labour Court and the Labour Court shall, without hearing the employer concerned or any evidence (other than in relation to the matters aforesaid) make a determination to the like effect as the decision.

(9) The bringing of a complaint before the Labour Court under *subsection (8)* shall be effected by giving to the Labour Court a written notice containing such particulars (if any) as may be determined by the Labour Court.

(10) The Labour Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under *paragraphs (a), (b), (c), (e)* and *(f)* of *subsection (4)* (not being a determination as respects a particular appeal under this section) and *subsection (9)*.

##### 30 Enforcement of determinations of Labour Court.

**30.**—(1) If an employer fails to carry out in accordance with its terms a determination of the Labour Court in relation to a complaint under *section 28* within 6 weeks from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by—

(*a*) the employee concerned,

(*b*) with the consent of the employee, any trade union of which the employee is a member, or

(*c*) the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances,

without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to carry out the determination in accordance with its terms.

(2) The reference in *subsection (1)* to a determination of the Labour Court is a reference to a determination in relation to which, at the end of the time for bringing an appeal against it, no appeal has been brought or, if an appeal has been brought it has been abandoned and the references to the date on which the determination is communicated to the parties shall, in a case where an appeal is abandoned, be read as references to the date of abandonment.

(3) In an order under this section providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Courts Act 1981, in respect of the whole or any part of the period beginning 6 weeks after the date on which the determination of the Labour Court is communicated to the parties and ending on the date of the order.

(4) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, business or occupation.

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

**31.**—A document purporting to be signed by the chairperson or a vice-chairperson of the Labour Court stating that—

(*a*) a person named in the document was, by a notice under section 39(17) of the Redundancy Payments Act 1967 as applied to this Act by *section 29(7)*, required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document,

(*b*) a sitting of the Labour Court was held on that day and at that time and place, and

(*c*) the person did not attend before the Labour Court in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or failed to produce the document,

shall, in a prosecution of the person under section 39(17) of the Redundancy Payments Act 1967 as applied to this Act by *section 29(7)*, be evidence of the matters so stated without further proof.

##### 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 of*section 27*shall 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 in*section 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 *The Authority*

##### 32 Continuance in being of Authority.

### Chapter 1

##### 32. **Continuance in being of Authority.**

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

@@ -1016,7 +964,7 @@

(4) *Schedule 5* applies to the Authority.

##### 33 Minister may prescribe persons to perform certain functions.

##### 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.

@@ -1036,7 +984,11 @@

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

##### 34 Functions of Authority.

##### 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—

@@ -1048,6 +1000,20 @@

(*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 by*section 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

@@ -1068,7 +1034,7 @@

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

(*k*) to comply with any directions in writing, whether general or particular, relating to its functions, that the Minister may from time to time give to the Authority,

F13[(*k*) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to in*paragraph (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

@@ -1080,11 +1046,13 @@

(*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 in*paragraph (de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014) of*subsection (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. **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—

@@ -1096,7 +1064,7 @@

(*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. **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.

@@ -1108,7 +1076,7 @@

(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. **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.

@@ -1124,7 +1092,7 @@

(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. **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.

@@ -1134,7 +1102,7 @@

(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. **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”.

@@ -1160,7 +1128,7 @@

(7) *Schedule 6* applies to the Chief Executive.

##### 40 Consultants and advisers.

##### 40. **Consultants and advisers.**

**40.**—(1) The Authority may, from time to time, engage consultants or advisers that it considers necessary or expedient for the performance by it of its functions.

@@ -1168,7 +1136,7 @@

(3) The Authority shall comply with any directions with regard to consultants or advisers engaged under this section that the Minister may give to it with the consent of the Minister for Finance.

##### 41 Disclosure of certain interests by members of Authority.

##### 41. **Disclosure of certain interests by members of Authority.**

**41.**—(1) Where at a meeting of the Authority any of the following matters arise, namely—

@@ -1206,7 +1174,7 @@

(6) A person who is removed from office under *subsection (5)* is disqualified from membership of the Authority.

##### 42 Disclosure of certain interests by members of staff of Authority.

##### 42. **Disclosure of certain interests by members of staff of Authority.**

**42.**—(1) Where a member of the staff (including the Chief Executive) of the Authority or a consultant, adviser or other person engaged by the Authority has a material interest, otherwise than in his or her capacity as such a member or as such a consultant, adviser or other person engaged by the Authority, in any contract, agreement or arrangement, or proposed contract, agreement or arrangement, to which the Authority is a party, that person shall—

@@ -1218,9 +1186,9 @@

(2) *Subsection (1)* does not apply to a person as regards a contract or proposed contract of employment of that person as a member of the staff of the Authority.

(3) Where a person contravenes this section the Authority may decide on the appropriate action to be taken including alterations to the person's terms and conditions of employment or contract for services or termination of the person's contract of employment or for services.

##### 43 Strategy statement.

(3) Where a person contravenes this section the Authority may decide on the appropriate action to be taken including alterations to the person’s terms and conditions of employment or contract for services or termination of the person’s contract of employment or for services.

##### 43. **Strategy statement.**

**43.**—(1) At the times set out in *subsection (2)(f)*, the Authority shall prepare and submit to the Minister for his or her approval, with or without amendment, a strategy statement for the following 3 year period.

@@ -1228,7 +1196,7 @@

(*a*) specify the key objectives, outputs and related strategies (including the use of resources) of the Authority,

(*b*) have regard to the need to ensure the most beneficial, effective and efficient use of the Authority's resources,

(*b*) have regard to the need to ensure the most beneficial, effective and efficient use of the Authority’s resources,

(*c*) except for the first strategy statement, include a review of the outcomes and effectiveness of the preceding strategy statement,

@@ -1252,7 +1220,7 @@

(5) As soon as practicable after a strategy statement has been approved, the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas and the strategy statement shall be published in the form and manner that the Authority considers appropriate.

##### 44 Work programme of Authority.

##### 44. **Work programme of Authority.**

**44.**—(1) The Authority shall prepare and submit to the Minister for his or her approval with or without amendment, at least 2 months before the commencement of each year, a work programme relating to the discharge of its functions, including—

@@ -1266,7 +1234,7 @@

(3) A work programme is deemed to be adopted when it is approved by the Minister.

##### 45 Grants to Authority.

##### 45. **Grants to Authority.**

**45.**—(1) In each year there may be paid to the Authority out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance, determines for the purposes of expenditure by the Authority in performing its functions.

@@ -1274,21 +1242,25 @@

(3) The Authority may, subject to *sections 46* and *47*, with the prior consent of the Minister and the Minister for Finance, seek and accept moneys from any source and subject to any conditions that the Minister may approve of, from time to time.

##### 46 Power to borrow.

##### 46. **Power to borrow.**

**46.**—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to the conditions they may determine.

##### 47 Fees for services, etc.

##### 47. **Fees for services, etc.**

**47.**—(1) Subject to the approval of the Minister and the Minister for Finance, the Authority may—

(*a*) determine the amount of such fees as it considers appropriate in consideration of—

F15[(*a*) determine the amount of such fees as it considers appropriate in consideration of—

(i) the performance by the Authority of its functions,

(ii) the provision by it of services (other than a service consisting of the provision of advice to the Minister or another Minister of the Government), and

(iii) the carrying on by it of activities,

(ii) the provision by the Authority of services (other than a service consisting of the provision of advice to the Minister or another Minister of the Government),

(iii) the carrying on by the Authority of activities,

(iv) the performance by the Accreditation Board of its functions, and

(v) the performance by the Appeals Board of its functions,]

(*b*) provide for the payment of different fees or for the exemption from the payment of fees or for the waiver, remission or refund (in whole or in part) of fees in different circumstances or classes of circumstances or for different cases or classes of cases,

@@ -1296,6 +1268,8 @@

(*d*) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the further development and commercial exploitation of anything produced, published or developed by the Authority,

F16[(*e*) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority) for the purposes of any of the functions of the Authority referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014),]

and shall record receipts from such fees, sales or payments as income.

(2) The Authority shall make available on request, free of charge, details of fees determined under this section.

@@ -1306,7 +1280,7 @@

(5) The Public Offices Fees Act 1879 does not apply to fees charged in accordance with this section.

##### 48 Accounts and audits.

##### 48. **Accounts and audits.**

**48.**—(1) The Authority shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, and in respect of each year all proper and usual accounts or other records, including an income and expenditure account, a cash flow statement and a balance sheet, of—

@@ -1324,9 +1298,9 @@

shall, within one month of receipt by the Authority of the report referred to in *paragraph (b)*, be presented to the Minister.

(3) The Minister shall cause a copy of the accounts and the auditor's report referred to in *subsection (2)* to be laid before each House of the Oireachtas.

##### 49 Attendance before Committee of Public Accounts.

(3) The Minister shall cause a copy of the accounts and the auditor’s report referred to in *subsection (2)* to be laid before each House of the Oireachtas.

##### 49. **Attendance before Committee of Public Accounts.**

**49.**—(1) The Chief Executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

@@ -1342,15 +1316,15 @@

(3) For the purposes of *sections 46, 47, 48* and this section, “Authority” shall include any subsidiary or subsidiaries of the Authority.

##### 50 Attendance before other committees of Houses of the Oireachtas.

##### 50. **Attendance before other committees of Houses of the Oireachtas.**

**50.**—(1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(*a*) the Committee referred to in *section 49*,

(*b*) the Committee on Members' Interests of Dáil Éireann, or

(*c*) the Committee on Members' Interests of Seanad Éireann,

(*b*) the Committee on Members’ Interests of Dáil Éireann, or

(*c*) the Committee on Members’ Interests of Seanad Éireann,

or a subcommittee of such a Committee.

@@ -1372,13 +1346,13 @@

(7) If the High Court determines that the matter concerned is one to which *subsection (3)* applies, the Committee shall withdraw the request referred to in *subsection (2)*, but if the High Court determines that *subsection (3)* does not apply, the Chief Executive shall attend before the Committee to account for the matter.

##### 51 Reports and information to the Minister.

##### 51. **Reports and information to the Minister.**

**51.**—(1) As soon as practicable, but in any case not later than 3 months after the end of each year, the Authority shall prepare and submit a report (in this section referred to as the “annual report”) to the Minister and the Minister shall cause copies of the annual report to be laid before each House of the Oireachtas.

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

(*a*) information on the performance of the Authority's functions during the year to which the report relates having regard to the strategy statement and work programme of the Authority,

(*a*) information on the performance of the Authority’s functions during the year to which the report relates having regard to the strategy statement and work programme of the Authority,

(*b*) information on the performance of any agreement under *section 34(2)*,

@@ -1392,9 +1366,9 @@

(*b*) shall publish its annual report.

### Chapter 2 *Staff of Authority*

##### 52 Staff of Authority

### Chapter 2

##### 52. **Staff of Authority**

**52.**—(1) The Authority may, with the consent of the Minister and the Minister for Finance, appoint such number of persons to be members of the staff of the Authority as it from time to time determines.

@@ -1408,11 +1382,11 @@

(4) Notwithstanding the repeal of the Act of 1989 by *section 4*, every person who, immediately before the commencement of that section, was a member of the staff of the Authority shall continue to be a member of the staff of the Authority and each such person shall not, after such commencement, be subject to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the said commencement.

##### 53 Remuneration of staff of Authority.

##### 53. **Remuneration of staff of Authority.**

**53.**—The Authority, in determining the remuneration or allowances for expenses to be paid to members of its staff (including the Chief Executive) or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant and to Government policy concerning remuneration and conditions of employment that is so extant and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions that the Minister may give to the Authority with the consent of the Minister for Finance.

##### 54 Transfer of officers etc., to Authority.

##### 54. **Transfer of officers etc., to Authority.**

**54.**—(1) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of the staff of, the Authority.

@@ -1430,13 +1404,53 @@

(6) In relation to officers transferred to the staff of the Authority under *subsection (1)*, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2003, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Unfair Dismissals Acts 1977 to 2001 and the Terms of Employment (Information) Acts 1994 and 2001.

##### 55 Code of conduct.

##### 54A. **F17[Transfer of certain members of staff of Forfás to Authority**

**54A.**—(1) The Minister may designate in writing such and so many members of the staff of Forfás as he or she decides to be transferred to the Authority from such date as may be specified in the designation (in this section referred to as“the effective date”).

(2) A member of staff of Forfás designated in accordance with*subsection (1)*shall become and be a member of staff of the Authority from the effective date.

(3) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person transferred by virtue of a designation under*subsection (1)*to the staff of the Authority shall be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the effective date.

(4) In relation to a person transferred to the Authority in accordance with*subsection (1)*, previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(*a*) the Redundancy Payments Acts 1967 to 2012;

(*b*) theProtection of Employees (Part-Time Work) Act 2001;

(*c*) theProtection of Employees (Fixed-Term Work) Act 2003;

(*d*) theOrganisation of Working Time Act 1997;

(*e*) the Terms of Employment (Information) Acts 1994 to 2012;

(*f*) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(*g*) the Unfair Dismissals Acts 1977 to 2007;

(*h*) the Maternity Protection Acts 1994 and 2004;

(*i*) the Parental Leave Acts 1998 and 2006;

(*j*) the Adoptive Leave Acts 1995 and 2005;

(*k*) theCarer’s Leave Act 2001.

(5) Subject to*subsection (6)*, the provisions of a scheme or arrangement in relation to superannuation that immediately before the effective date apply to, or in respect of, a person transferred to the Authority in accordance with*subsection (1)*shall continue to apply to, or in respect of, that person on and after the effective date.

(6)*Subsection (5)*shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.

(7) Every person transferred to the Authority in accordance with*subsection (1)*, to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, shall on the effective date become a member of the superannuation scheme of the Authority made under*section 56*which scheme shall, in relation to such persons, be deemed to stand amended in such respects as are necessary to take account of any provisions that apply to, or in respect of, that person by virtue of*subsection (5)*and if any of those provisions provide for the exercise of a discretion, the Authority shall, on and after the effective date, exercise that discretion.

(8) Any period of service by a person as a member of staff of Forfás which was a period of reckonable service for the purposes of a scheme or arrangement for the granting of superannuation benefits to, or in respect of, members of the staff of Forfás shall be regarded as a period of reckonable service for the purposes of the superannuation scheme of the Authority referred to in*subsection (7)*.]

##### 55. **Code of conduct.**

**55.**—(1) The Authority shall, following consultation with the Minister and the Minister for Finance, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff.

(2) The Authority shall publish any code of conduct drawn up under *subsection (1)*.

##### 56 Superannuation of staff of Authority.

##### 56. **Superannuation of staff of Authority.**

**56.**—(1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of its staff (including the Chief Executive).

@@ -1458,11 +1472,223 @@

(10) The Minister shall cause every scheme submitted and approved under this section, including an amendment of a scheme, to be laid before each House of the Oireachtas as soon as practicable after it is approved and, if a resolution annulling the scheme is passed by either House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done under the scheme.

### Chapter 3

##### 56A. **Irish National Accreditation Board**

**56A.**—(1) The committee established as a committee of Forfás by resolution of the Board of Forfás pursuant to section 10 (amended bysection 46of theIndustrial Development (Enterprise Ireland) Act 1998) of the Act of 1993 and known as the Irish National Accreditation Board shall on the coming into operation of this section—

(*a*) become and be a committee of the Authority under this section, and

(*b*) be known as the Irish National Accreditation Board (in this Act referred to as the "Accreditation Board").

(2) The Accreditation Board is the single national accreditation body for the purposes of the Accreditation Regulation.

(3) The Accreditation Board shall, on behalf of the Authority, perform the functions delegated to the Board under*section 34(2A)*(inserted bysection 30(b) of the Industrial Development (Forfás Dissolution) Act 2014).

(4) The Accreditation Board shall have all powers necessary or expedient for the performance of its functions.

(5) The Accreditation Board shall be independent in the performance of its functions.

(6) The Authority shall designate a member of its staff (in this Act referred to as the "Manager of the Accreditation Board") to carry on and manage, and control generally the administration of the Accreditation Board.

(7) Subject to*subsection (8)*, the Accreditation Board may perform any one or more of its functions through or by—

(*a*) any member of the staff of the Authority designated for that purpose by the Authority, or

(*b*) the Manager of the Accreditation Board.

(8) The Manager of the Accreditation Board may enter into contracts referred to in*section 47(1)(e)*(inserted bysection 33(b) of the Industrial Development (Forfás Dissolution) Act 2014) on behalf of the Authority.

(9) The Accreditation Board shall furnish the Authority with such information regarding the performance of the functions of the Board as the Authority may from time to time request.

(10) Subject to*subsection (11)*, the members of the Accreditation Board shall be appointed by the Authority and the Authority shall, in making such appointments, take into account the expertise required by the Board to enable the Board to carry out its functions.

(11) A person who is a member of the Accreditation Board immediately before the coming into operation of this section shall continue in office as such a member unless he or she dies, resigns or is disqualified from office or otherwise ceases to hold office and*Schedule 6A*(inserted bysection 36of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to such a person on the coming into operation of this section.

(12)*Schedule 6A*(inserted bysection 36of the Industrial Development (Forfás Dissolution) Act 2014) shall apply to the Accreditation Board.

(13) A reference in any enactment to—

(*a*) the National Accreditation Board,

(*b*) the National Accreditation Board as a committee of Forfás,

(*c*) the Irish National Accreditation Board, or

(*d*) the Irish National Accreditation Board as a committee of Forfás,

shall be taken to be a reference to the Accreditation Board as a committee of the Authority referred to in*subsection (1)*.

(14) In this section "enactment" has the same meaning as it has in theInterpretation Act 2005.]

##### 56B. **F19[Transfer of property to Authority**

**56B.**—(1) All property (other than land), including choses-in-action, that immediately before the coming into operation of this section was enjoyed by or on behalf of Forfás in connection with the functions referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014) shall, on the coming into operation of this section, stand vested in the Authority without any transfer or assignment.

(2) Every chose-in-action vested in the Authority by virtue of*subsection (1)*may, on and from the coming into operation of this section, be sued on, recovered or enforced by the Authority in its own name, and it shall not be necessary for the Authority to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.]

##### 56C. **F20[Transfer of rights and liabilities**

**56C.**—(1) All arrangements relating to accreditation and other rights and liabilities arising by virtue of any contract or commitment (express or implied) entered into by or on behalf of Forfás in connection with functions referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014) before the coming into operation of this section shall on that coming into operation stand transferred to the Authority.

(2) Every right and liability transferred by*subsection (1)*to the Authority may, on and after the coming into operation of this section, be sued on, recovered or enforced by or against the Authority in its own name, and it shall not be necessary for the Authority, or Forfás, to give notice to the person whose right or liability is transferred by that subsection of such transfer.]

##### 56D. **F21[Liability for loss**

**56D.**—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, by or on behalf of Forfás before the coming into operation of this section, of the functions referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014) shall on and after that coming into operation lie against the Authority and not against Forfás.

(2) Any legal proceedings pending immediately before the coming into operation of this section to which Forfás is a party, that relate to any of the functions referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014), shall be continued with the substitution in the proceedings of the Authority, in so far as they so relate, for Forfás.

(3) Where, before the coming into operation of this section, agreement has been reached between the parties concerned in settlement of a claim to which*subsection (1)*relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against Forfás, be enforceable against the Authority and not Forfás.

(4) Any claim made or proper to be made by Forfás in respect of any loss or injury arising from the act or default of any person before the coming into operation of this section shall, where the claim relates to any of the functions referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014), be regarded as having being made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.]

##### 56E. **F22[Provisions consequent upon transfer of assets and liabilities to Authority**

**56E.**—(1) Subject to*section 56H(14)*, anything commenced and not completed before the coming into operation of this section by or on behalf of Forfás may, in so far as it relates to a function referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014), be carried on or completed on or after that coming into operation by the Authority in accordance with this Act.

(2) Any money, stocks, shares or securities transferred by*section 56B*(inserted bysection 32of the Industrial Development (Forfás Dissolution) Act 2014) that immediately before the coming into operation of*section 56B*were standing in the name of Forfás shall, on the request of the Authority, be transferred into its name.

(3) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Authority under*section 56B*or*56C*shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

(4) A document which purports to be a certificate signed by the Minister referred to in*subsection (3)*shall be taken to be such a certificate unless the contrary is shown.]

##### 56F. **F23[Records**

**56F.**—Each record held by or on behalf of Forfás, in relation to a function referred to in*section 34(1)(de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014), immediately before the coming into operation of*section 34(1)(de)*, is on that coming into operation transferred to the Authority and is, on and from that coming into operation, held by the Authority.]

##### 56G. **F24[Appeals Board**

**56G.**—(1) Subject to*subsection (2)*, the Authority shall, as soon as practicable after the coming into operation of this section, establish an Appeals Board and shall appoint 3 people to the Appeals Board with a special interest or expertise in, or knowledge of, the functions referred to in*section 34(1) (de)*(inserted bysection 30of the Industrial Development (Forfás Dissolution) Act 2014).

(2) The Authority shall not appoint a member of the Authority, the Chief Executive, a member of the staff of the Authority or a member of the Accreditation Board to be a member of the Appeals Board.

(3) A member of the Appeals Board shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Authority determines.

(4) The Authority shall appoint a chairperson of the Appeals Board from among the members of the Board and that chairperson shall regulate the procedure of the Board.

(5) Subject to*paragraph (6)*, a member of the Appeals Board whose term of membership of the Appeals Board expires shall be eligible for reappointment as a member of the Appeals Board.

(6) A person who is reappointed to the Appeals Board shall not hold office for periods the aggregate of which exceeds 10 years.

(7) A member of the Appeals Board, including the chairperson, is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(8) A member of the Appeals Board may at any time resign from office by giving notice in writing to the Authority of his or her resignation and the resignation shall take effect on the day on which the Authority receives the notice.

(9) The Authority may at any time remove from office a member of the Appeals Board if, in the opinion of the Authority—

(*a*) the member has become incapable through ill-health of effectively performing his or her functions,

(*b*) the member has committed stated misbehaviour, or

(*c*) the removal of the member appears to the Authority to be necessary for the effective performance by the Appeals Board of its functions.

(10) A member of the Appeals Board shall cease to be qualified for office and shall cease to hold office if he or she—

(*a*) is adjudicated bankrupt,

(*b*) makes a composition or arrangement with creditors,

(*c*) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(*d*) is convicted of any indictable offence,

(*e*) is convicted of an offence involving fraud or dishonesty,

(*f*) is disqualified or restricted from being a director of any company within the meaning of the Companies Acts, or

(g) is removed from office under*subsection (9)*.

(11) If a member of the Appeals Board dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Authority may appoint a person to be a member of the Appeals Board to fill the casual vacancy so occasioned.

(12) A person appointed to be a member of the Appeals Board under*subsection (11)*—

(*a*) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of his or her appointment,

(*b*) is eligible for reappointment as a member of the Appeals Board on the expiry of that period, and

(*c*) shall, for the purposes of the period referred to in subsection (6), be taken to have been appointed on the date of that person’s appointment to fill the casual vacancy concerned.

(13) The Appeals Board shall be independent in the performance of its functions.]

##### 56H. **F25[Appeal to Appeals Board**

**56H.**—(1) A conformity assessment body may make an appeal to the Appeals Board in respect of—

(*a*) a decision of the Accreditation Board in respect of accreditation in relation to the body, or

(*b*) a failure by the Accreditation Board to make a decision in respect of accreditation in relation to the body.

(2) An appeal under*subsection (1) (a)*shall be made within 30 days of the notification by the Accreditation Board in writing of the decision to the conformity assessment body.

(3) A conformity assessment body may by notice in writing request the Accreditation Board to make a decision in respect of accreditation in relation to that body and where that Board fails to make the decision within 30 days, the conformity assessment body may appeal against that failure.

(4) An appeal by a conformity assessment body shall be made in such form as may be specified by the Appeals Board and shall—

(*a*) in the case of an appeal under*subsection (1) (a)*, specify the decision being appealed and the grounds of the appeal,

(*b*) in the case of an appeal under*subsection (1) (b)*, specify the matter in respect of which the Accreditation Board has failed to make a decision,

(*c*) be accompanied by any documents on which the body relies,

(*d*) be accompanied by such fee (if any) as may be determined by the Authority under*section 47*(amended bysection 33of the Industrial Development (Forfás Dissolution) Act 2014), and

(*e*) be accompanied by such other information or documentation as may be specified by the Appeals Board.

(5) The Appeals Board may refuse to hear an appeal where, in the opinion of that Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(6) The Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal and each of the parties to an appeal is entitled to be heard at the hearing of an appeal and to present evidence to the Board.

(7) The Appeals Board may adjourn any hearing by it of a matter until a date specified by it.

(8) A decision by a majority of the members of the Appeals Board shall suffice for any purpose.

(9) The Appeals Board shall determine an appeal within 90 days from the making of an appeal and which may be a determination—

(*a*) in relation to an appeal under*subsection (1)(a)*—

(i) affirming the decision of the Accreditation Board, or

(ii) quashing the decision of the Accreditation Board and directing the Accreditation Board, for stated reasons, to reconsider its decision, and

(*b*) in relation to an appeal under*subsection (1)(b)*—

(i) that the Accreditation Board has not failed to make a decision, or

(ii) that the Accreditation Board has failed to make a decision and directing the Accreditation Board to make a decision within such time as may be specified by the Appeals Board.

(10) The Appeals Board shall notify the appellant, the Accreditation Board and the Authority in writing of its determination under*subsection (9)*, including the reasons under*paragraph (a) (ii)*of that subsection, within 10 days of making the determination.

(11) The Accreditation Board shall comply with every direction given to it under*paragraph (a)(ii)*or*paragraph (b)(ii)*of*subsection (9)*.

(12) A conformity assessment body may withdraw an appeal made under this section at any time by notice in writing to the Appeals Board and the Accreditation Board.

(13) In considering and determining an appeal under this section, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Authority.

(14) An appeal by a conformity assessment body against a decision of the Accreditation Board in relation to accreditation pursuant to the Accreditation Regulation commenced but not determined—

(*a*) prior to the coming into operation of this section, and

(*b*) in accordance with the arrangements entered into between the conformity assessment body and the Accreditation Board under clause 11 of the Accreditation Board Terms and Conditions,

shall be continued in accordance with those arrangements notwithstanding the coming into operation of this section.]

##### 56I. **F26[Disclosure of certain interests by members of Accreditation Board**

**56I.**—*Section 41*shall apply to members of the Accreditation Board as it applies to members of the Authority subject to the following modifications—

(*a*) substituting "Accreditation Board" for "Authority" in each place where it occurs,

(*b*) in*subsection (4)*by substituting "the deputy chairperson, if present shall determine the question or, if he or she is not present, then the other members of" for "then the other members of", and

(*c*) in*subsection (5)*by substituting "the Authority" for "the Minister" in each place where it occurs.]

## PART 6 Regulations, Codes of Practice and Enforcement

### Chapter 1 *Regulations and Codes of Practice*

##### 57 Review of legislation.

### Chapter 1

##### 57. **Review of legislation.**

**57.**—(1) The Authority shall—

@@ -1482,7 +1708,7 @@

(2) Before submitting proposals to the Minister, the Authority shall consult any other person or body that appears to the Authority to be appropriate having regard to the proposals to be submitted or as directed by the Minister.

##### 58 Regulations.

##### 58. **Regulations.**

**58.**—(1) Subject to *subsections (2)* and *(3)*, the Minister may—

@@ -1492,11 +1718,7 @@

(*c*) without prejudice to the generality of *paragraph (b)*, make regulations for or in respect of any of the matters set out in *Schedule 7*.

(2) Before making regulations under this Act (other than as a consequence of a proposal made by the Authority under *section 57*), the Minister—

(*a*) shall consult with the Authority, and

(*b*) may publish in such manner as the Minister thinks fit notice of the Minister's intention to do so and shall give persons desiring to make representations in relation to the proposed regulations a period of 21 days to do so.

(2) F27[…]

(3) The Minister shall consult with the Authority before making regulations giving effect with modifications to any proposal made by the Authority under *section 57*.

@@ -1546,11 +1768,11 @@

(*b*) any act adopted by an institution of the European Communities, which regulates any of the matters set out in *Schedule 7*.

##### 59 Miscellaneous adaptations.

##### 59. **Miscellaneous adaptations.**

**59.**—References to the Minister (other than in respect of making rules, regulations, bye-laws, orders, exemptions or exceptions) contained immediately before the commencement of this Act in any existing enactment shall, insofar as they relate to functions exercisable by the Authority under this Act, be construed as references to the Authority.

##### 60 Codes of practice.

##### 60. **Codes of practice.**

**60.**—(1) For the purpose of providing practical guidance to employers, employees and any other persons to whom this Act applies with respect to safety, health and welfare at work, or the requirements or prohibitions of any of the relevant statutory provisions, the Authority—

@@ -1590,7 +1812,7 @@

(7) Notwithstanding the repeal of the Act of 1989 by *section 4*, a code of practice in operation immediately before the commencement of that section continues to be a code of practice as if prepared and published under this section.

##### 61 Use of codes of practice in criminal proceedings.

##### 61. **Use of codes of practice in criminal proceedings.**

**61.**—(1) Where in proceedings for an offence under this Act relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority under *section 60* at the time of the alleged contravention, *subsection (2)* shall have effect with respect to that code of practice in relation to those proceedings.

@@ -1606,9 +1828,9 @@

(3) A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible as evidence in any proceedings under this Act.

### Chapter 2 *Enforcement*

##### 62 Authorisation of inspectors.

### Chapter 2

##### 62. **Authorisation of inspectors.**

**62.**—(1) The Authority or a person prescribed under *section 33* may authorise such and so many persons as the Authority or person considers appropriate to be inspectors for the purposes of the enforcement of all or any of the relevant statutory provisions within the relevant area of responsibility in accordance with *section 33* or *34*, as the case may be.

@@ -1620,7 +1842,7 @@

(4) Notwithstanding the repeal of the Act of 1989 by *section 4*, an inspector authorised immediately before the commencement of that section under section 33 of the Act of 1989 continues to be an inspector as if authorised under this section.

##### 63 Medical examinations.

##### 63. **Medical examinations.**

**63.**—(1) The Authority or a person prescribed under *section 33* may designate in writing any person, including an inspector, who is a registered medical practitioner to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority or a person prescribed under *section 33* by a registered medical practitioner, and any person so designated may—

@@ -1632,7 +1854,7 @@

(2) References in the relevant statutory provisions to “occupational medical adviser” shall be read as references to persons designated under this section.

##### 64 Powers of inspectors.

##### 64. **Powers of inspectors.**

**64.**—(1) An inspector shall, for the purposes of the relevant statutory provisions have power to do any one or more of the following:

@@ -1718,35 +1940,47 @@

(10) Where an inspector upon reasonable grounds believes that a person has committed an offence under the relevant statutory provisions he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

##### 65 Directions for improvement plan.

**65.**—(1) Where an inspector is of the opinion that there is occurring or likely to occur any activity which involves or is likely to involve a risk to the safety, health or welfare of persons, he or she may give a written direction to the employer concerned requiring submission to him or her of an improvement plan.

##### 65. **Directions for improvement plan.**

(2) A direction given under *subsection (1)* shall—

(*a*) identify the activity which is or is likely to be a risk,

(*b*) require the submission to the inspector, within a period of one month, of an improvement plan specifying the remedial action proposed to be taken,

(*c*) require the employer to implement the plan, and

(*b*) require the submission to the inspector, within a period of one month, of F29[a plan] specifying the remedial action proposed to be taken,

(*c*) F30[…]

(*d*) include any other requirements that the inspector considers necessary.

(3) Where there is a safety representative in a place of work in respect of which a direction is given under *subsection (1)*, the inspector shall give a copy of the direction to the safety representative.

(4) Within one month of receipt of an improvement plan submitted under *subsection (2)*, an inspector, by written notice to the person who submitted the plan—

(4) Within one month of receipt of F31[a plan] submitted under *subsection (2)*, an inspector, by written notice to the person who submitted the plan—

(*a*) shall confirm whether or not he or she is satisfied that the plan is adequate, or

(*b*) may direct that the plan be revised as specified in the notice and resubmitted to the inspector within a period specified in the notice.

##### 66 Improvement notice.

F32[(5) Within one month of receipt of a plan submitted pursuant to a notice under*subsection (4)*, an inspector shall confirm by written notice to the person who submitted the plan, whether or not he or she is satisfied that the plan is adequate.]

F33[(6) A notice under*subsection (4)*or*(5)*shall, where the inspector is satisfied with the plan, require the employer concerned to implement the plan.]

F34[(7) A person to whom a direction under*subsection (1)*or a notice under*subsection (4)*or*(5)*applies shall comply with the notice or direction.]

F35[(8) A direction or notice under this section shall be signed and dated by the inspector.]

##### 66. **Improvement notice.**

**66.**—(1) An inspector who is of the opinion that a person—

(*a*) is contravening or has contravened any of the relevant statutory provisions, or

(*b*) has failed to comply with a direction under *section 65(1)* to submit an improvement plan or, in the case of a notice under *section 65(4)(b)*, a revised improvement plan, or has failed to implement the improvement plan or revised improvement plan,

F36[(*b*) has failed to comply with a direction under*section 65(1)*, or a notice under*section 65(4)(b)*, or]

F37[(*c*) has submitted a plan in relation to which an inspector has confirmed by notice under*section 65(5)*that he or she is not satisfied that the plan is adequate, or]

F38[(*d*) has failed to implement a plan,]

may serve a written notice (in this Act referred to as an “improvement notice”) on the person who has or may reasonably be presumed to have control over the work activity concerned.

@@ -1758,7 +1992,7 @@

(*c*) identify the relevant statutory provision in respect of which that opinion is held,

(*d*) specify the reasons why he or she is of that opinion,

(*d*) F39[…]

(*e*) direct the person to remedy the contravention or the matters occasioning that notice by a date specified in the notice, that shall not be earlier than the end of the period within which an appeal may be made under *subsection (7)*,

@@ -1798,7 +2032,7 @@

(*b*) where no appeal is made or pending under *subsection (7)*, extend the period specified under *subsection (2)(e)*.

##### 67 Prohibition notice.

##### 67. **Prohibition notice.**

**67.**—(1) Where an inspector is of the opinion that at any place of work there is occurring or is likely to occur any activity (whether by reference to any article or substance or otherwise) which involves or is likely to involve a risk of serious personal injury to any person, the inspector may serve a written notice (in this Act referred to as a “prohibition notice”) on the person who has or who may reasonably be presumed to have control over the activity concerned.

@@ -1854,13 +2088,13 @@

(14) The withdrawal of a notice under this section does not prevent the service of any other prohibition notice.

##### 68 Contravention of prohibition notice — application to High Court.

##### 68. **Contravention of prohibition notice — application to High Court.**

**68.**—(1) Where a prohibition notice has been served under *section 67* 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.

(2) An application to the High Court for an order under *subsection (1)* may be ex parte 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) regarding the payment of costs that the Court considers appropriate.

##### 69 Notices to be displayed.

##### 69. **Notices to be displayed.**

**69.**—Where an improvement notice or a prohibition notice is served, the person to whom it is addressed shall on receipt of the notice—

@@ -1868,7 +2102,7 @@

(*b*) display the notice or a copy of the notice in a prominent place at or near any place of work, article or substance affected by the notice.

##### 70 Investigations and special reports.

##### 70. **Investigations and special reports.**

**70.**—(1) Without prejudice to this Chapter and subject to *subsection (6)*, the Authority may at any time direct any of its staff or any other competent person as it considers appropriate to—

@@ -1892,7 +2126,7 @@

(*c*) a marine casualty (within the meaning of the Merchant Shipping (Investigation of Marine Casualties) Act 2000).

##### 71 Order of High Court as to use of place of work.

##### 71. **Order of High Court as to use of place of work.**

**71.**—(1) Where the Authority or a person prescribed under *section 33*, as the case may be, considers that the risk to the safety, health or welfare of persons is so serious that the use of a place of work or part of a place of work should be restricted or immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or the person prescribed under *section 33* may apply, ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part of a place of work accordingly.

@@ -1902,9 +2136,9 @@

(4) On an application by any person for the revocation or variation of an order under *subsection (1)*, the Authority or a person prescribed under *section 33*, as appropriate, shall be entitled to be heard.

### Chapter 3 *Obtaining and Disclosure of Information*

##### 72 Power to require information.

### Chapter 3

##### 72. **Power to require information.**

**72.**—(1) The Authority or a person prescribed under *section 33* may, by written notice (referred to in this Act as an “information notice”) served on a person, require the person to give to the Authority, within such period and in such form as may be specified in the notice, any information specified in the notice that the Authority or the person prescribed under *section 33* may reasonably require in performing its functions.

@@ -1932,7 +2166,7 @@

(iii) where the operation of the notice has been suspended in accordance with *subsection (3)*, on the expiration of the period that the judge of the District Court considered appropriate for the purpose of that subsection.

##### 73 Prohibition on unauthorised disclosure of confidential information.

##### 73. **Prohibition on unauthorised disclosure of confidential information.**

**73.**—(1) Save as otherwise provided by law and subject to *subsection (2)*, a person shall not, unless duly authorised by the Authority, disclose confidential information obtained by the person while performing or as a result of performing any functions as—

@@ -1940,9 +2174,13 @@

(*b*) a member of the staff (including the Chief Executive) of the Authority,

(*c*) a member of an advisory committee, or

(*d*) a consultant or adviser to the Authority or an employee of such person.

(*c*) a member of an advisory committee, F40[…]

(*d*) a consultant or adviser to the Authority or an employee of such F41[person,]

F42[(*e*) a member of the Accreditation Board, or

(*f*) a member of the Appeals Board.]

(2) *Subsection (1)* does not prohibit the disclosure of information by means of a report made—

@@ -1970,13 +2208,13 @@

(ii) in column (3), of “*Section 73*.”.

##### 74 Amendment of Freedom of Information Act 1997.

##### 74. **Amendment of Freedom of Information Act 1997.**

**74.**—The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003), by inserting the following after paragraph (*db*):

“(*dc*) a record held or created under the relevant statutory provisions by the Health and Safety Authority or an employee of the Authority, relating to or arising from its enforcement functions (other than a record concerning any other functions of the Authority or the general administration of the Authority),”.

##### 75 Disclosure of information.

##### 75. **Disclosure of information.**

**75.**—(1) The Revenue Commissioners may, where they consider it appropriate for the purpose of facilitating the exercise or performance by the Authority or a person prescribed under *section 33* of any of their powers or duties under the relevant statutory provisions, authorise the disclosure to the Authority or to a person prescribed under *section 33* or to an inspector of the Authority or of a person prescribed under *section 33* of any information obtained by the Revenue Commissioners in relation to articles or substances imported into the State.

@@ -1986,7 +2224,7 @@

(4) The Minister, following consultation with any other Minister of the Government that he or she considers appropriate, may prescribe persons requiring them to give to the Authority or a person prescribed under *section 33* such information in relation to personal injury to persons at work as may be necessary for promoting the safety, health and welfare of persons at work.

##### 76 Disclosure of information by inspector in certain circumstances.

##### 76. **Disclosure of information by inspector in certain circumstances.**

**76.**—(1) An inspector shall, where he or she considers it necessary to do so for the purpose of providing adequate information to employees and their safety representatives (if any) at any place of work in relation to their safety, health and welfare at work, give to those employees and their safety representatives (if any) the following information—

@@ -2008,7 +2246,7 @@

## PART 7 Offences and Penalties

##### 77 Offences.

##### 77. **Offences.**

**77.**—(1) A person commits an offence where he or she—

@@ -2026,11 +2264,11 @@

(2) A person commits an offence where he or she—

(*a*) fails to discharge a duty to which he or she is subject by virtue of *sections 8, 9, 10,* *11(1)* to *(4), 12*, *13* and *15* to *23*,

(*a*) fails to discharge a duty to which he or she is subject by virtue of *sections 8, 9, 10, 11(1)* to *(4), 12, 13* and *15* to *23*,

(*b*) contravenes *section 14*,

(*c*) except for the provisions of this section as they apply to this Act, contravenes the relevant statutory provisions,

F43[(*c*) except for the provisions of this section as they apply to this Act, contravenes any of the relevant statutory provisions, other than*Chapter 3*(inserted bysection 32of the Industrial Development (Forfás Dissolution) Act 2014) of*Part 5*and*Schedule 6A*(inserted bysection 36of the Industrial Development (Forfás Dissolution) Act 2014),]

(*d*) prevents, obstructs, impedes or delays an inspector from exercising any functions conferred on him or her by this Act,

@@ -2096,9 +2334,9 @@

(*b*) a competent person appointed by the employer under section 18.

##### 78 Penalties.

**78.**—(1) A person guilty of an offence under section 39(17)(*e*) of the Redundancy Payments Act 1967 as applied to this Act by *section 29(7)*, or *77(1)* is liable on summary conviction to a fine not exceeding €3,000.

##### 78. **Penalties.**

(2) A person guilty of an offence—

@@ -2110,15 +2348,15 @@

is liable—

(i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both, or

(i) on summary conviction to a fine not exceeding F45[€5,000] or imprisonment for a term not exceeding F46[12 months] or both, or

(ii) on conviction on indictment to a fine not exceeding €3,000,000 or imprisonment for a term not exceeding 2 years or both.

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

(4) Where a person is convicted of an offence under the relevant statutory provisions in proceedings brought by the Authority or a prescribed person under *section 33*, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the prescribed person under *section 33* the costs and expenses measured by the court, incurred by the Authority or the prescribed person under *section 33* in relation to the investigation, detection and prosecution of the offence including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees of or consultants and advisers engaged by the Authority or the prescribed person under *section 33*, as the case may be.

##### 79 Provisions regarding certain offences.

(4) Where a person is convicted of an offence under the relevant statutory provisions in proceedings brought by the Authority or a prescribed person under *section 33*, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the prescribed person under *section 33* the costs and expenses measured by the court, incurred by the Authority or the prescribed person under *section 33* in relation to the investigation, detection and prosecution of the offence including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees F47[or consultants] and advisers engaged by the Authority or the prescribed person under *section 33*, as the case may be.

##### 79. **Provisions regarding certain offences.**

**79.**—(1) If an inspector has reasonable grounds for believing that a person is committing or has committed a prescribed offence under the relevant statutory provisions, he or she may serve the person with a notice in the prescribed form stating that—

@@ -2136,7 +2374,7 @@

(4) In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the accused.

##### 80 Liability of directors and officers of undertakings.

##### 80. **Liability of directors and officers of undertakings.**

**80.**—(1) Where an offence under any of the relevant statutory provisions has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised, or consented to by, or is attributable to connivance or neglect on the part of, a person, being a director, manager or other similar officer of the undertaking, or a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

@@ -2144,11 +2382,11 @@

(3) Where the affairs of a body corporate are managed by its members, *subsections (1)* and *(2)* shall apply in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

##### 81 Onus of proof.

##### 81. **Onus of proof.**

**81.**—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.

##### 82 Prosecution of offences.

##### 82. **Prosecution of offences.**

**82.**—(1) Subject to *subsection (2)*, summary proceedings in relation to an offence under any of the relevant statutory provisions may be brought and prosecuted by the Authority.

@@ -2158,11 +2396,11 @@

(4) Where a special report on any matter to which *section 70* applies is made and it appears from the report that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject matter of the report, summary proceedings against any person liable to be proceeded against in respect of the contravention may be instituted at any time within 6 months of the making of the report or 12 months after the date of the contravention, whichever is the later.

##### 83 Appeals from orders.

##### 83. **Appeals from orders.**

**83.**—Any person (including the Authority or a person prescribed under *section 33*) 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.

##### 84 Evidence.

##### 84. **Evidence.**

**84.**—(1) If a person is found to be carrying on a work activity in any place of work at any time at which work is being carried on, he or she shall, until the contrary is proved, be deemed for the purposes of this Act to have been employed in that place of work either by the person who has or who may reasonably be presumed to have overall control over the work activity concerned or by another employer carrying on work activities in that place of work.

@@ -2170,7 +2408,7 @@

(3) In any proceedings under this Act a copy record may be given in evidence and shall be prima facie evidence of the facts stated in it, if the court is satisfied as to the reliability of the system used to make the copy record and the original entry on which it was based.

##### 85 Publication of names of certain persons.

##### 85. **Publication of names of certain persons.**

**85.**—(1) The Authority may from time to time compile a list of names and addresses and the description of business or other activity of every person—

@@ -2190,17 +2428,17 @@

## PART 8 Miscellaneous

##### 86 Indemnification of inspectors, etc.

##### 86. **Indemnification of inspectors, etc.**

**86.**—(1) Where the Authority or a person prescribed under *section 33* is satisfied that any inspector appointed by the Authority or a person prescribed under *section 33*, or any employee of the Authority or person prescribed under *section 33* has carried out his or her duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, the Authority or the person prescribed under *section 33*, as the case may be, shall indemnify the inspector or other employee against all actions or claims howsoever arising in respect of the carrying out by him or her of those duties.

(2) No action or other proceedings shall lie or be maintainable against the Authority, any person prescribed under *section 33* or any person referred to in *section 34(2)(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 Authority, any person prescribed under *section 33* or any person referred to in *section 34(2)(a)*.

##### 87 Powers of officer of customs and excise to detain articles, etc.

##### 87. **Powers of officer of customs and excise to detain articles, etc.**

**87.**—For the purpose of facilitating the exercise or performance by the Authority of any powers or duties conferred on it under any of the relevant statutory provisions, an officer of customs and excise, when authorised to do so by the Revenue Commissioners following a written request in that behalf by the Authority or a person prescribed under *section 33*, may detain any article or substance being imported for so long as is reasonably necessary for an inspector to examine it for the purposes of this Act, which period shall not in any case exceed 48 hours from the time when the article or substance concerned is detained.

##### 88 Licences.

##### 88. **Licences.**

**88.**—(1) The Minister may, for the purpose of protecting the safety, health and welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority or a person prescribed under *section 33*, which licence the Authority or the person so prescribed is hereby authorised to issue.

@@ -2222,376 +2460,9 @@

(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.

##### 89 Amendment of National Standards Authority of Ireland Act 1996.

##### 89. **Amendment of National Standards Authority of Ireland Act 1996.**

**89.**—Section 32 of the National Standards Authority of Ireland Act 1996 is amended by inserting the following after subsection (4):

“(5) The powers of prosecution conferred on the Director of Consumer Affairs under this section shall be deemed to be functions of the Director for the purposes of sections 9 and 16 of the Consumer Information Act 1978.”.

## SCHEDULE 1 Associated Statutory Provisions

| Chapter, Number and Year (1) | Short Title (2) | Associated Statutory Provisions (3) |

| --- | --- | --- |

| 5 & 6 Vict., c. 55 | Regulation of Railways Act 1842 | The whole Act |

| 34 & 35 Vict., c. 78 | Regulation of Railways Act 1871 | The whole Act |

| 38 & 39 Vict., c. 17 | Explosives Act 1875 | The whole Act |

| | Merchant Shipping Acts 1894 to 2000 | 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 2004 | 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 2004 | The whole Acts |

| No. 30 of 1976 | Gas Act 1976 | Sections 7, 8(2) (as substituted by section 11 of the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002)) and 38 |

| No. 9 of 1987 | Gas (Amendment) Act 1987 | Sections 2(1) and (2) |

| No. 10 of 2002 | Gas (Interim) (Regulation) Act 2002 | Section 11 |

| No. 27 of 1993 | Social Welfare (Consolidation) Act 1993 | Chapter 10 of Part II |

| No. 30 of 1981 | Fire Services Act 1981 | Section 3 and Parts 1, II and III |

| No. 15 of 2003 | Licensing of Indoor Events Act 2003 | Part III |

| No. 6 of 1987 | Air Pollution Act 1987 | The whole Act |

| | | |

## SCHEDULE 2 Existing Enactments

## PART 1 Enactments

| Chapter, Number and Year (1) | Title (1) |

| --- | --- |

| 45 & 46 Vict., c. 22 | Boiler Explosions Act 1882 |

| 53 & 54 Vict., c. 35 | Boiler Explosions Act 1890 |

| No. 7 of 1965 | Mines and Quarries Act 1965 |

| | Dangerous Substances Acts 1972 and 1979 |

| | Safety in Industry Acts 1955 and 1980 |

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

| No. 7 of 1989 | Safety, Health and Welfare at Work Act 1989 |

| | |

## PART 2 Regulations made under the European Communities Act 1972 which are Existing Enactments

| 1986 | European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 (S.I. No. 292 of 1986) |

| --- | --- |

| 1989 | European Communities (Protection of Workers) (Exposure to Asbestos) Regulations 1989 (S.I. No. 34) European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations 1989 (S.I. No. 194 of 1989) |

| 1990 | European Communities (Protection of Workers) (Exposure to Noise) Regulations 1990 (S.I. No. 157 of 1990) |

| 1992 | European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations 1992 (S.I. No. 21 of 1992) |

| 1993 | European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 1993 (S.I. No. 276 of 1993) |

| 1999 | European Communities (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 1999 (S.I. No. 83 of 1999) |

| 2000 | European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 2000 (S.I. No. 74 of 2000) European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 (S.I. No. 476 of 2000) |

| 2001 | European Communities (Safety Advisers for Transport of Dangerous Goods by Road and Rail) Regulations 2001 (S.I. No. 6 of 2001) European Communities (Machinery) Regulations 2001 (S.I. No. 518 of 2001) |

| 2002 | European Communities (Export and Import of Certain Dangerous Chemicals) (Industrial Chemicals) (Enforcement) Regulations 2002 (S.I. No. 395 of 2002) |

| 2003 | European Communities (Classification, Packaging and Labelling and Notification of Dangerous Substances) Regulations 2003 (S.I. No. 116 of 2003) European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003 (S.I. No. 220 of 2003) European Communities (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2003 (S.I. No. 402 of 2003) European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2003 (S.I. No. 503 of 2003) |

| 2004 | European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 (S.I. No. 62 of 2004) European Communities (Transportable Pressure Equipment) Regulations 2004 (S.I No. 374 of 2004) European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2004 (S.I. No. 852 of 2004) |

| | |

## SCHEDULE 3 General Principles of Prevention

1. The avoidance of risks.

2. The evaluation of unavoidable risks.

3. The combating of risks at source.

4. The adaptation of work to the individual, especially as regards the design of places of work, the choice of work equipment and the choice of systems of work, with a view, in particular, to alleviating monotonous work and work at a predetermined work rate and to reducing the effect of this work on health.

5. The adaptation of the place of work to technical progress.

6. The replacement of dangerous articles, substances or systems of work by safe or less dangerous articles, substances or systems of work.

7. The giving of priority to collective protective measures over individual protective measures.

8. The development of an adequate prevention policy in relation to safety, health and welfare at work, which takes account of technology, organisation of work, working conditions, social factors and the influence of factors related to the working environment.

9. The giving of appropriate training and instructions to employees.

## SCHEDULE 4 Safety Committees

1. Should they so wish the employees employed in a place of work to which *section 26* applies may select and appoint from amongst their number members of a safety committee to perform the functions assigned to safety committees under this Act.

2. The number of members of a safety committee shall not be less than 3 and shall not exceed one for every 20 persons employed in a place of work at the time when the committee is appointed or 10, whichever is the less.

3. Where pursuant to *paragraph 2* the number of members of which a safety committee is to be comprised is—

(*a*) 4 or less, one member of the committee may be appointed by the employer, and the remaining members of the committee may be selected and appointed by the employees,

(*b*) not more than 8 and not less than 5, 2 members of the committee may be appointed by the employer, and the remaining members may be selected and appointed by the employees, and

(*c*) more than 8, 3 members of the committee may be appointed by the employer and the remaining members may be selected and appointed by the employees.

4. Where, in a place of work, a safety representative or representatives have been appointed under *section 25*, at least one such safety representative shall be selected and appointed by the employees to be a member of the committee.

5. Where a safety committee is appointed under *section 26* the following provisions shall have effect—

(*a*) the safety committee shall assist the employer and employees concerned in relation to the relevant statutory provisions,

(*b*) the quorum for a meeting of a safety committee shall be such number, being not less than 3, as shall for the time being be fixed by the committee,

(*c*) where a member of a safety committee ceases to be employed in the place of work concerned, he or she shall at the same time cease to be a member of the committee,

(*d*) the employer shall be entitled to attend personally, or to nominate a person or persons to attend on his or her behalf at each meeting of the safety committee,

(*e*) the employer or his or her nominee or nominees shall attend the first meeting of the safety committee and shall, as soon as may be after it is available, present to the members of the safety committee the statement required under *section 20*, and

(*f*) the safety committee shall consider any representations made to it by the employer on matters affecting the safety, health and welfare of persons employed in the place of work.

6. On a request being made in that behalf by a safety committee, the employer shall consult with the safety committee with the object of reaching agreement concerning—

(i) facilities for holding meetings of the safety committee, and

(ii) the frequency, duration and times of meetings of the safety committee.

7. Subject to the terms of any agreement between the employer and a safety committee, meetings of the safety committee shall be held from time to time on such days as the committee shall decide and such meetings may be held during normal working hours, without loss of remuneration to the members of the committee if the following conditions are satisfied, namely:

(i) except in the case of an emergency such meeting shall not be held more frequently than once every three months;

(ii) the duration of each such meeting shall not exceed one hour;

(iii) the number of members of the safety committee attending such a meeting shall be at least such as is required to form a quorum, and

(iv) the times at which the meetings of the safety committee are held shall be compatible with the efficient operation of the place of work.

## SCHEDULE 5 The Authority

1. In this Schedule, except where the context otherwise requires, “member” means a member of the Authority, including the chairperson.

2. (1) The seal of the Authority shall be authenticated by the signature of—

(*a*) the chairperson of the Authority or other member authorised by the Authority to act in that behalf, and

(*b*) the Chief Executive or a member of staff of the Authority authorised by the Authority to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by, and to be sealed with the seal of, the Authority (purporting to be authenticated in accordance with *subparagraph (1)*) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

3. Subject to this Act, a member shall hold office on the terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) that may be determined by the Minister, with the consent of the Minister for Finance.

4. A member shall be appointed by the Minister in a part-time capacity and shall hold office for 3 years and a member whose term of office expires shall be eligible for reappointment.

5. A member shall not be eligible for reappointment where he or she has served 2 terms of office.

6. A member may resign from office by written notice given to the Minister and the resignation shall take effect on the date specified in the notice or on the date on which the Minister receives the notice, whichever is the later.

7. The Minister may remove a member from office—

(*a*) if the member becomes incapable through ill-health of effectively performing his or her functions,

(*b*) for stated misbehaviour, or

(*c*) if the member's removal appears to the Minister to be necessary for the effective performance by the Authority of its functions,

and the Minister shall cause to be laid before each House of the Oireachtas a written statement of the reasons for any such removal.

8. A member shall cease to be and shall be disqualified from being a member where the member—

(*a*) is adjudicated bankrupt,

(*b*) makes a composition or arrangement with creditors,

(*c*) is convicted of an indictable offence,

(*d*) is sentenced to a term of imprisonment by a court of competent jurisdiction, or

(*e*) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts 1963 to 2003).

9. (1) The Minister may appoint a person to fill a casual vacancy which arises in the membership of the Authority due to the death, resignation, disqualification or removal from office of a member and the person so appointed shall be appointed in the same manner as the member who occasioned the casual vacancy.

(2) A person appointed to be a member under this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy.

10. (1) A member of the Authority who is—

(*a*) nominated as a member of Seanad Éireann,

(*b*) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(*c*) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy,

thereupon ceases to be a member of the Authority.

(2) A member of the staff of the Authority who is—

(*a*) nominated as a member of Seanad Éireann,

(*b*) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(*c*) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy,

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

(3) A period referred to in *subparagraph (2)* shall not be reckoned as service with the Authority for the purposes of any superannuation benefits, gratuities or other allowances payable on death, retirement or resignation.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in the House or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified from becoming a member of, or from employment in any capacity by, the Authority.

(5) The Authority shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this paragraph from becoming a member of the Authority.

11. (1) The Authority shall hold such and so many meetings as may be necessary for performing its functions but in any case shall meet not less than once in every 3 months.

(2) The arrangements referred to in *paragraph 15* 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.

12. The quorum for a meeting of the Authority shall be 6 or such greater number of members as the Authority may from time to time determine.

13. At a meeting of the Authority—

(*a*) the chairperson shall, if present, be the chairperson of the meeting, or

(*b*) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy chairperson of the Authority shall be chairperson of the meeting, or

(*c*) if and so long as the chairperson is not present or if the office of chairperson is vacant or the deputy chairperson is not present or the office of deputy chairperson is vacant, the members who are present shall choose one of their number to be chairperson of the meeting.

14. Every question that is to be decided at a meeting of the Authority shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

15. Subject to *paragraph 12* the Authority may act notwithstanding one or more than one vacancy among its membership or any deficiency in the appointment of a member that may subsequently be discovered.

16. Subject to this Act, the Authority shall make arrangements for the regulation of its proceedings and business.

## SCHEDULE 6 The Chief Executive

1. The Chief Executive shall be appointed on the terms and conditions (including terms and conditions relating to duration of contract, performance, remuneration, allowances for expenses and removal from office) that the Authority may from time to time determine with the consent of the Minister and the Minister for Finance.

2. The Chief Executive shall be paid by the Authority out of such moneys at its disposal such remuneration and such allowances for expenses (if any) incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

3. The Chief Executive shall perform his or her functions subject to such policies as may be determined from time to time by the Authority and shall be accountable to the Authority for the efficient and effective management of the Authority and for the due performance of his or her functions.

4. The Chief Executive may delegate any of his or her functions to an employee of the Authority, subject to such conditions as the Chief Executive considers appropriate, unless they are delegated to the Chief Executive subject to the condition that they shall not be sub-delegated, and the employee concerned shall be accountable to the Chief Executive for the performance of the functions so delegated to him or her.

5. Notwithstanding any delegation under *paragraph 3*, the Chief Executive shall at all times remain accountable to the Authority for the performance of the functions so delegated.

6. The Chief Executive shall not hold any other office or employment or carry on any business without the consent of the Authority.

## SCHEDULE 7 Regulations

The Minister may make regulations under *section 58* for or in respect of any matters including the following:

(1) requirements to be imposed on employers as regards the safety, health and welfare of their employees at work with respect to—

(*a*) the management and conduct of work activities including the prevention of improper conduct or behaviour,

(*b*) the design, provision and maintenance of—

(i) places of work,

(ii) safe means of access to and egress from places of work, and

(iii) plant and machinery and other articles,

(*c*) the use of any article or substance,

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

(*e*) the provision of information, instruction, training and supervision, including, as appropriate, such provision in an appropriate language or languages,

(*f*) the determination and implementation of safety, health and welfare measures,

(*g*) the provision, testing, use and maintenance of protective clothing or equipment,

(*h*) the preparation and revision of plans and procedures and measures to be taken in emergencies and in the case of serious and imminent danger,

(*i*) the obtaining of the services of competent persons so as to ensure the safety, health and welfare of persons at work including the training, experience and knowledge required of competent persons,

(*j*) co-operation in matters relating to safety, health and welfare at work, and

(*k*) the safety, health and welfare at work of fixed-term or temporary employees;

(2) requirements to be imposed on employers as regards the conduct of their undertakings to provide that in the course of work being carried on persons at the place of work not in the employment of the said employers are not exposed to risks to their safety, health and welfare at the undertaking;

(3) requirements to be imposed on persons to whom *section 15* 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;

(4) requirements to be imposed on an employee in relation to conduct or behaviour likely to endanger his or her own safety, health and welfare at work or that of any other person including as regards intoxication and submission to reasonable and proportionate tests;

(5) requirements to be imposed on persons as regards interference, misuse or damage of anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work;

(6) requirements to be imposed on an employee as regards his or her own 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 and attendance at safety and health training;

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

(*a*) the design, construction, testing, examination or use of any article or prescribed class of article, or

(*b*) the provision of information relating to the use at work for which any article or prescribed class of article was designed or tested or relating to its being sited, tested, installed, repaired, altered, maintained, dismantled or disposed of in a manner which will be safe and without risk to the health or welfare of persons at work;

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

(9) requirements to be imposed on persons who erect or install articles for use at work as regards the erection or installation of those articles so as to be safe and without risks to health or welfare when those articles are used in a place of work;

(10) requirements to be imposed on persons who manufacture, import or supply any substance or prescribed class of substance as regards—

(*a*) the use, testing or examination of the substance, or

(*b*) the provision of information about any risk to safety, health or welfare to which the substance may give rise, or

(*c*) the results of tests on the substance or its use or disposal in a manner which will be safe and without risk to the health or welfare of persons at work;

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

(12) requirements to be imposed on persons who commission or procure the construction of places of work as regards the appointment of competent persons to ensure those places are designed, can be constructed, are maintained and comply with the relevant statutory provisions so as to be safe and without risk to the health or welfare of persons at work;

(13) requirements to be imposed on persons who design places of work as regards the design of those places so as to be safe and without risk to the health or welfare of persons at work;

(14) requirements to be imposed on persons who construct places of work as regards the construction of those places so as to be safe and without risk to the health or welfare of persons at work;

(15) requirements to be imposed on employers as regards the identification of hazards and the assessment of risks;

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

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

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

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

(20) 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;

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

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

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

(24) 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;

(25) requirements to be imposed as to the registration in a prescribed register of any specified activity or thing in order to monitor compliance with safety, health and welfare requirements under the relevant statutory provisions;

(26) 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 or to carry out specific activities or undertake specific responsibilities with safety, health and welfare implications;

(27) requirements to be imposed as to the regulation of or prohibition from prescribed classes of employment of prescribed classes of persons in relation to their safety, health and welfare at work;

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

(29) regulating or prohibiting atmospheric or other conditions to which an employee may be exposed in a place of work;

(30) prescribing methods, standards or procedures for determining the amount or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a place of work;

(31) requirements to be imposed as to 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 or, prohibiting the taking of meals or refreshments in specified circumstances);

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

(*a*) the emission into a place of work of any specified gas, vapour, smoke, dust, or any other specified substance arising from work activities,

(*b*) the emission into the working environment of noise, vibration, any ionising or other radiations,

(*c*) other environmental pollution in the place of work including environmental tobacco smoke, or

(*d*) the monitoring of any such emissions in a place of work;

(33) conferring powers on inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions;

(34) requirements to be imposed with respect to the keeping and preservation of records relating to compliance with the relevant statutory provisions in relation to safety, health and welfare at work;

(35) requirements to be imposed as regards the safety, health or welfare of persons with respect to the management of animals in or at places of work;

(36) requirements to be imposed as regards any place of work in relation to—

(*a*) precautions to be taken against dangers to which the place of work or persons in the place of work are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity of that place, or

(*b*) securing that persons in a place of work leave that place of work in specified circumstances where there is a risk to their safety or health;

(37) requirements to be imposed as to the doing or prohibition of any specified thing where any accident or other occurrence of a specified kind has occurred;

(38) requirements to be imposed in prescribed circumstances with respect to the taking of precautions in connection with the risk of fire, fire-safety rules and procedures and the provision and maintenance of fire-protection equipment in places of work;

(39) requirements to be imposed with respect to the reporting in the prescribed manner of such matters relating to the safety, health or welfare of persons at work as may be prescribed, or that of other persons arising out of work activities, (including the giving of such information as may be prescribed relating to accidents, personal injuries or dangerous occurrences) to the Authority or a person prescribed under *section 33* or to an inspector of the Authority or of a person prescribed under *section 33* or to any other person as may be prescribed;

(40) requirements to be imposed with respect to the safe lifting or handling by persons at work of any load likely to cause injury to a person so lifting or handling it;

(41) the prohibition of the carrying on of such work activities as may be prescribed except by or under the supervision of persons with prescribed qualifications, training or experience;

(42) requirements to be imposed as regards joint safety and health agreements;

(43) such further requirements, arrangements, modifications or exemptions as the Minister considers necessary, from time to time, in relation to the operation of *sections 25* and *26*;

(44) such fees as may be charged under *section 47*.

2005-06-22

Safety, Health and Welfare at Work Act 2005

original version Text at this date