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S.I. No. 299/2007 - Safety, Health and Welfare at Work (General Application) Regulations 2007

Type Statutory Instrument

Publication 2007-06-14

Last updated 2023-05-26

State In force superseded text

Text As published

Source Irish Statute Book

articles 175

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

11 amending acts · 2023-05-26, S.I. No. 255/2023 - Safety, Health and Welfare at Work (General Application) (Amendment) …

Reform history JSON API

(2) An employer shall ensure that only an authorised person or a person acting with his or her consent, or under his or her supervision, can enter any part of a substation or switch room in which there may be danger.

Fencing of outdoor equipment.

92.

92. An employer shall ensure that, wherever any transformer or switchgear in which higher voltage is used is installed otherwise than in a building, the transformer or switchgear is adequately protected either by—

(a) suitable fencing not less than 2.4 m high, or

(b) some other effective means for preventing any unauthorised person gaining access to the equipment or to anything connected thereto which is used as a conductor

unless it is completely enclosed by—

(i) a metal casing which is connected to earth, or

(ii) some other equally suitable non-metal casing.

Overhead lines and underground cables.

93.

93. (1) An employer shall ensure that—

(a) all overhead lines and their supporting structures and underground cables are constructed, installed, connected and maintained in a manner suitable for the work and conditions under which they are to be operated to prevent danger,

(b) where cables to be installed underground are to be enclosed in ducting of any material, other than in concrete ducts or in floor voids or floor slabs, such ducting—

(i) is coloured red,

(ii) has a high resistance to impact, and

(iii) is covered with suitable warning tape embedded in the ground above the duct,

(c) all overhead lines and other current-carrying parts connected to or containing part of overhead lines are arranged so that adequate clearance is provided from the ground or other accessible place to prevent dangerous contact with a person, article substance or any conducting material,

(d) means are provided to prevent danger—

(i) in the event of any live conductor accidentally falling due to breakage or otherwise, and

(ii) from excessive voltage on overhead lines arising from accidental contact with or leakage from any other overhead line or otherwise, and

(e) where excavation work is to be carried out in the proximity of a known or suspected underground cable—

(i) where reasonably practicable, the electrical supply to the underground cable is isolated,

(ii) the position of the underground cable is accurately determined, so far as is reasonably practicable, and

(iii) material immediately surrounding the underground cable is excavated only using an appropriate and safe system of work to prevent danger.

(2) A person in control to any extent of a place of work or any item at that place shall take such action, so far as is reasonably practicable, to ensure that any work activity carried out in the proximity of live overhead lines that would expose persons to any risk to their safety and health is not carried out until—

(a) the supply to the overhead line is isolated,

(b) if such isolation is not practicable, the overhead line is diverted,

(i) barriers,

(ii) protective measures,

(iii) warnings, or

(iv) other suitable means,

are, in so far as is reasonably practicable, put in place to minimise the risk of contact with the overhead line.

(3) The owner of a new or known underground cable, where practicable, shall determine the position of the cable and record the position on a plan to prevent dangerous contact with any person, article, substance or any conducting material.

Part 4 Work at Height

Interpretation for Part 4.

94.

94. (1) In this Part:

“access” and “egress” include ascent and descent;

“fragile surface” means a surface, including fittings, that would be liable to fail if a person's weight were to be applied to it in reasonably foreseeable circumstances;

“ladder” includes a fixed ladder and a stepladder;

“line” includes rope, chain or webbing;

“personal fall protection system” means—

(a) a fall prevention, work restraint, work positioning, fall arrest or rescue system, other than a system in which the only safeguards are collective safeguards, or

(b) rope access and positioning techniques;

“scaffold” means any temporary structure, including its supporting components, whether fixed, suspended or mobile, that is used—

(a) for supporting employees and materials, or

(b) to gain access to any structure,

and includes a working platform, a working stage, a gangway, a run and a ladder or step-ladder (other than an independent ladder or step-ladder that does not form part of such a structure), together with any guard-rail, toe-board or other such safeguard and all fixings thereon, but does not include—

(i) lifting equipment, or

(ii) a structure used only to support another structure or equipment (including lifting equipment),

and “scaffolding” shall be construed accordingly;

“supporting structure” means any structure used for the purpose of supporting a working platform and includes any plant used for that purpose;

“work at height” means work in any place, including a place—

(a) in the course of obtaining access to or egress from any place, except by a staircase in a permanent place of work, or

(b) at or below ground level,

from which, if measures required by this Part were not taken, an employee could fall a distance liable to cause personal injury and any reference to carrying out work at height includes obtaining access to or egress from such place while at work;

“work equipment” means any machine, appliance, apparatus, tool or installation for use at work (whether exclusively or not) and includes anything to which Regulations 101 to 114 apply;

“working platform” means any platform used as a place of work or as a means of access to or egress from a place of work, including any scaffold, suspended scaffold, cradle, mobile platform, trestle, gangway, gantry and stairway that is so used.

(2) Any reference in this Part to the keeping of a copy of a report or plan includes reference to it being kept in a form in which it is—

(a) capable of being reproduced as a printed copy when required, and

(b) secure from loss or unauthorised interference.

Organisation, planning and risk assessment.

95.

95. (1) An employer shall ensure that—

(a) work at height is properly planned, appropriately supervised and carried out in a manner that is, so far as is reasonably practicable, safe and without risk to health and

(b) in planning work at height—

(i) the selection of work equipment is in accordance with Regulation 100,

(ii) an appropriate risk assessment and safety statement pursuant to sections 19 and 20 of the Act are prepared, and

(iii) a plan is prepared for emergencies and rescues, without prejudice to section 11 of the Act.

(2) In identifying measures to comply with this Part, an employer shall take account of the risk assessment.

Checking of places of work at height.

96.

96. An employer shall ensure that the surface and every parapet, permanent rail or other such fall protection measure at every place of work at height are checked visually prior to use and at appropriate intervals during use.

Weather conditions.

97.

97. An employer shall ensure that work at height is carried out only when weather conditions do not place the safety and health of employees at risk.

Avoidance of risks from work at height.

98.

98. Taking account of the general principles of prevention in Schedule 3 to the Act, an employer shall—

(a) ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely and without risk to health otherwise than at height,

(b) without prejudice to the generality of paragraph (a), ensure that work is not carried out at height unless it is reasonably practicable to do so safely and without risk to health,

(c) where, having regard to paragraphs (a) and (b), it is necessary to carry out work at height, take suitable and sufficient measures to prevent an employee falling a distance liable to cause personal injury, including—

(i) ensuring that the work is carried out—

(I) from an existing place of work, or

(II) in the case of obtaining access or egress, by using an existing means of access or egress,

in compliance with this Part, where it is practicable to do so safely and under appropriate ergonomic conditions, and

(ii) where it is not practicable for the work to be carried out in accordance with subparagraph (i), ensuring that suitable and sufficient work equipment, in compliance with Regulation 100, is provided to prevent a fall occurring,

(d) where the measures taken under paragraph (c) do not eliminate the risk of a fall occurring—

(i) provide sufficient work equipment, in compliance with Regulation 100, to minimise the distance of a potential fall and the risk of personal injury, and

(ii) without prejudice to the generality of paragraph (c), provide such additional training and instruction or take other additional suitable and sufficient measures to prevent, so far as is practicable, any employee falling a distance liable to cause personal injury.

Protection of places of work at height.

99.

99. An employer shall ensure that a place of work, or means of access or egress thereto, at which work at height is, or is to be, carried on—

(a) is stable and of sufficient strength and rigidity for the purpose for which it is intended to be or is being used,

(b) where applicable, rests on a stable, sufficiently strong surface,

(c) is of sufficient dimensions to permit the safe passage of employees and the safe use of any plant or materials required to be used and provide a safe working area having regard to the work to be carried out there,

(d) is provided with suitable and sufficient edge protection,

(e) possesses a surface that has no gap—

(i) through which an employee could fall,

(ii) through which any material or object could fall and injure an employee, or

(iii) giving rise to other risk of injury to any employee, unless measures have been taken to ensure that no employee could be so injured,

(f) is so constructed, used and maintained in such condition as to prevent, so far as is reasonably practicable—

(i) the risk of slipping or tripping, or

(ii) any employee being caught between it and any adjacent structure, and

(g) where it has moving parts, is prevented by appropriate devices from moving inadvertently during work at height.

Selection of work equipment for work at height.

100.

100. An employer shall—

(a) in selecting work equipment for use in work at height—

(i) give collective protection measures priority over personal protection measures, and

(ii) take account of the following:

(I) the working conditions and the risks to the safety and health of employees at the place where the work equipment is to be used;

(II) in the case of work equipment for access and egress, the distance and height to be negotiated;

(III) the distance of a potential fall and the risk of personal injury;

(IV) the duration and frequency of use of the equipment;

(V) the need for easy and timely evacuation and rescue in an emergency;

(VI) any additional risk posed by the use, installation or removal of that work equipment or by evacuation and rescue from it;

(VII) the other requirements of this Part, and

(b) select work equipment for work at height that—

(i) has characteristics, including dimensions, that are appropriate to the nature of the work to be performed and the foreseeable loadings,

(ii) allows safe passage, and

(iii) in other respects, is the most suitable work equipment, having regard in particular to Regulation 98.

Condition of surfaces for supporting structures.

101.

101. An employer shall ensure that a surface upon which any supporting structure rests is stable, of sufficient strength and of suitable composition to support safely the supporting structure, the working platform and any loading intended to be placed on the working platform.

Stability of supporting structure.

102.

102. An employer shall ensure that a supporting structure is—

(a) suitable and of sufficient strength and rigidity for the purpose for which it is being used,

(b) in the case of a mobile structure, prevented by appropriate devices from moving inadvertently during work at height,

(c) in a case other than a mobile structure, prevented from slipping by secure attachment to the bearing surface or to another structure, by provision of an effective anti-slip device, or by other means of equivalent effectiveness,

(d) when altered or modified, so altered or modified as to ensure that it remains stable.

Guard-rails, toe-boards, barriers, etc.

103.

103. (1) A reference in this Regulation to a means of protection is to a guard-rail, toe-board barrier or other similar means of protection.

(2) An employer shall ensure that a means of protection is—

(a) of sufficient dimensions, strength and rigidity for the purposes for which it is being used and is otherwise suitable,

(b) so placed, secured and used as to ensure, so far as is practicable, that it does not become accidentally displaced,

(c) so placed as to prevent, so far as is practicable, the fall of any employee, or any material or object from any place of work,

(d) in relation to work at height involved in construction work such that—

(i) the top guard-rail or other similar means of protection is at least 950 mm above the edge from which any employee is liable to fall,

(ii) toe-boards provided are suitable and sufficient to prevent the fall of any employee, or any material or object, from any place of work, and

(iii) any intermediate guard-rail or similar means of protection is positioned so that any gap between it and other means of protection does not exceed 470 mm.

(3) An employer shall ensure that—

(a) any structure or part of a structure that supports a means of protection, or to which a means of protection is attached, is of sufficient strength and suitable for the purpose of that support or attachment,

(b) subject to paragraph (2)(d), there is not a lateral opening in a means of protection other than at a point of access to a ladder or stairway where an opening is necessary,

(c) a means of protection may be removed only for the time, and to the extent necessary, to gain access or egress, or for the performance of a particular task, and is replaced as soon as practicable, and

(d) the particular task is not performed while the means of protection is removed, unless effective compensatory safety measures are in place.

Stability of working platforms.

104.

104. An employer shall ensure that a working platform is—

(a) suitable and of sufficient strength and rigidity for the purpose for which it is intended to be used or is being used,

(b) so erected and used as to ensure that its components do not become accidentally displaced so as to endanger any employee,

(d) where it has moving parts, prevented by appropriate devices from moving inadvertently during work at height, and

(e) dismantled in such a way as to prevent accidental displacement.

Safety on working platforms.

105.

105. An employer shall ensure that a working platform—

(a) is of sufficient dimensions to permit the safe passage of employees and the safe use of any plant or materials required to be used, and provides a safe working area having regard to the work being carried out there,

(b) possesses a suitable surface and, in particular, is so constructed that the surface of the working platform has no gap—

(i) through which an employee could fall,

(ii) through which any material or object could fall and injure an employee, or

(iii) giving rise to other risk of injury to any employee, unless measures have been taken to ensure that no employee could be so injured, and

(i) the risk of slipping or tripping, or

(ii) any employee being caught between the working platform and any adjacent structure.

Loading of working platform and supporting structures.

106.

106. An employer shall ensure that a working platform or a supporting structure is not so loaded as to give rise to a risk of collapse or to any deformation that could affect its safe use.

Scaffolding, additional requirements.

107.

107. An employer shall ensure that—

(a) every scaffold and every part of it is of good design and construction, composed of suitable and sound material and is of adequate strength for the purpose for which it is used or intended to be used,

(b) strength and stability calculations for scaffolding are carried out unless—

(i) a record of the calculations covering the structural arrangements contemplated is available, or

(ii) it is assembled in conformity with a generally recognised standard configuration,

(c) depending on the complexity of the scaffolding selected, an assembly, use and dismantling plan is drawn up by a competent person, which plan may be in the form of a standard plan supplemented by information on the scaffolding in question,

(d) a copy of the plan referred to in paragraph (c), including any instructions it may contain, is kept available for the use of persons concerned in the assembly, use dismantling or alteration of scaffolding until it has been dismantled,

(e) the dimensions, form and layout of scaffolding decks are appropriate to the nature of the work to be performed, suitable for the loads to be carried and permit work and passage in safety,

(f) while a scaffold is not available for use, including during its assembly, dismantling or alteration, it is marked with warning signs in accordance with the requirements of Part 7, Chapter 1 and, where appropriate, is protected by barriers or other suitable means from unauthorised access or use, and

(g) any scaffolding assembled, dismantled or significantly altered is only carried out under the supervision of a competent person and by persons who have received appropriate and specific training in the operations envisaged that addresses specific risks that the operations may entail and precautions to be taken, and, in particular—

(i) in understanding the plan referred to in paragraph (c) for the assembly dismantling or alteration of the scaffolding concerned,

(ii) the need for safety during the assembly, dismantling or alteration of the scaffolding concerned,

(iii) measures to prevent the risk of persons, materials or objects falling,

(iv) safety measures in the event of changing weather conditions that could adversely affect the safety of the scaffolding concerned,

(v) permissible loadings, and

(vi) any other risks that the assembly, dismantling or alteration of the scaffolding concerned may entail.

Collective safeguards for arresting falls.

108.

108. (1) Any reference in this Regulation to a safeguard is to a collective safeguard for arresting falls.

(2) An employer shall ensure that—

(a) a safeguard may be used only if—

(i) the risk assessment has demonstrated that the work activity can, so far as is reasonably practicable, be performed safely while using it and without affecting its effectiveness,

(ii) the use of other, safer work equipment is not practicable, and

(iii) a sufficient number of persons are available, if required, to assist with any aspect of the safeguard's operation and have received adequate training specific to the safeguard, including rescue procedures,

(b) a safeguard is suitable and of sufficient strength to arrest safely the fall of any employee who is liable to fall,

(i) in the case of a safeguard that is designed to be attached—

(I) is securely attached to all the required anchors, and

(II) has anchors, and the means of attachment thereto, that are suitable and of sufficient strength and stability for the purpose of safely supporting the foreseeable loading in arresting any fall or during any subsequent rescue,

(ii) in the case of an airbag, landing mat or other similar safeguard, is stable, and

(iii) in the case of a safeguard that expands when arresting a fall, affords sufficient clearance, and

(d) suitable and sufficient steps are taken to ensure, so far as is practicable, that in the event of a fall by any employee, the safeguard itself does not cause injury to that employee.

Personal fall protection systems.

109.

109. An employer shall ensure that—

(a) a personal fall protection system is only used by an employee if—

(i) the risk assessment has demonstrated that—

(I) the work can, so far as is reasonably practicable, be performed safely while using that system, and

(II) the use of other, safer work equipment is not practicable, and

(ii) the user and a sufficient number of persons are available, if required, to assist with any aspect of the operations envisaged and have received adequate training specific to the operations envisaged, including immediate rescue procedures,

(b) a personal fall protection system is suitable and of sufficient strength for the purposes for which it is being used, having regard to the work being carried out and any foreseeable loading,

(i) fits the employee,

(ii) is correctly fitted,

(iii) is adjustable to minimise injury to the user if a fall occurs, and

(iv) is so designed, installed and used as to prevent unplanned or uncontrolled movement of the user,

(d) where designed for use with an anchor, a personal fall protection system is securely attached to at least one anchor, and each anchor and the means of attachment thereto is suitable and of sufficient strength and stability for the purpose of supporting any foreseeable loading,

(e) suitable and sufficient steps are taken to prevent any employee falling or slipping from a personal fall protection system, and

(f) suitable and sufficient steps are taken to ensure, so far as is practicable, that in the event of a fall by any employee, an injury from the personal fall protection system is minimised.

Work positioning systems.

110.

110. An employer shall ensure that—

(a) a work positioning system is used only if—

(i) the system includes a suitable backup system for preventing or arresting a fall and

(ii) where the system includes a line as a backup system, the user is connected to it, and

(b) if not practicable to comply with paragraph (a), all reasonably practicable measures are taken to ensure that the work positioning system does not fail.

Rope access or positioning technique.

111.

111. An employer shall ensure that—

(a) a rope access or positioning technique is used only if—

(i) it involves a system comprised of at least two separately anchored lines, of which one (known in this Regulation as “the working line”) is used as a means of access, egress and support, and the other is the safety line,

(ii) the user is provided with a suitable harness and is connected by it to the working line and the safety line,

(iii) the working line is equipped with safe means of ascent and descent and has a self-locking system to prevent the user falling should he or she lose control of his or her movements, and

(iv) the safety line is equipped with a mobile fall protection system that is connected to, and travels with, the user of the system,

(b) provision is made for a seat with appropriate accessories depending, in particular, on the duration of the job and the ergonomic constraints, and

(i) the risk assessment has demonstrated that the use of a second line would entail higher risk to employees, and

(ii) appropriate measures have been taken to ensure safety.

Fall arrest systems.

112.

112. An employer shall ensure that—

(a) a fall arrest system incorporates means of absorbing energy and limiting the force applied to the user's body, and

(b) a fall arrest system is not used in a manner that—

(i) involves the risk of a line being cut,

(ii) where its safe use requires a clear zone (allowing for any pendulum effect) does not afford such zone, or

(iii) otherwise inhibits its performance or renders its use unsafe.

Work restraint systems.

113.

113. An employer shall ensure that a work restraint system is only used if it is—

(a) designed so that, if used correctly, it prevents the user from getting into a position in which a fall can occur, and

(b) used correctly.

Ladders.

114.

114. An employer shall ensure that—

(a) a ladder is used for work at height only if the risk assessment has demonstrated that the use of more suitable work equipment is not justified because—

(i) the level of risk is low, and

(ii) the duration of use is short, or

(iii) existing features at the place of work cannot be altered,

(b) any surface upon which a ladder rests is stable, firm, of sufficient strength and of suitable composition to support safely the ladder, so that the ladder's rungs or steps and any loading intended to be placed on it remain horizontal,

(d) a suspended ladder is attached in a secure manner so that, with the exception of a flexible ladder, it cannot be displaced and swinging is prevented,

(e) a portable ladder is prevented from slipping during use by—

(i) securing the stiles at or near their upper or lower ends,

(ii) effective anti-slip or other effective stability devices, or

(iii) any other arrangement of equivalent effectiveness,

(f) a ladder used for access is long enough to protrude sufficiently above the place of landing to which it provides access, unless other measures have been taken to ensure a firm handhold,

(g) no interlocking or extension ladder is used unless its sections are prevented from moving relative to each other while in use,

(h) a mobile ladder is prevented from moving before it is used,

(i) where a ladder, or run of ladders, rises a vertical distance of 9 m or more above its base, sufficient safe landing areas or rest platforms are provided at suitable intervals where reasonably practicable, and

(j) a ladder is used in such a way that—

(i) a secure handhold and secure support are always available to the employee and

(ii) the employee can maintain a safe handhold when carrying a load unless, in the case of a step ladder, the maintenance of a handhold is not practicable when a load is carried, and the risk assessment has demonstrated that the use of a stepladder is justified because—

(I) the level of risk is low, and

(II) the duration of use is short.

Fragile surfaces.

115.

115. An employer shall—

(a) ensure that no employee passes across or near, or works on, from or near, a fragile surface, where work can be carried out safely and under appropriate ergonomic conditions without his or her doing so,

(b) where it is necessary to pass across or near, or work on, from or near a fragile surface—

(i) ensure, so far as is reasonably practicable, that suitable and sufficient platforms, coverings, guard rails or other similar means of support or protection are provided and used so that any foreseeable loading is supported by such supports or borne by such protection, and

(ii) where a risk of an employee falling remains despite the measures taken under this Regulation, take suitable and sufficient measures to minimise the distance of a potential fall and the risk of personal injury, and

(i) prominent warning notices are affixed at the approach to the place where the fragile surface is situated, or

(ii) where that is not practicable, such employee is made aware of it by other means.

Falling objects.

116.

116. An employer shall—

(a) take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object where necessary to prevent injury to any employee,

(b) where it is not practicable to prevent the fall of any material or object as referred to in paragraph (a), take suitable and sufficient steps to prevent any person being struck by any falling material or object that is liable to cause injury,

(c) ensure that no material or object is thrown or tipped from height in circumstances where it is liable to cause injury to any person, and

(d) ensure that materials and objects are stored in such a way as to prevent risk to any employee arising from the collapse, overturning or unintended movement of the materials or objects.

Danger areas.

117.

117. An employer shall ensure, without prejudice to the preceding requirements of this Part, that where a place of work contains an area in which, owing to the nature of the work, there is a risk of any employee suffering personal injury by—

(a) falling a distance, or

(b) being struck by a falling object,

the place of work, so far as is practicable, is equipped with devices preventing unauthorised employees from entering the area and that the area is clearly indicated by warning signs or other appropriate means.

Interpretation for Regulation 119

118.

118. (1) Subject to paragraph (2), in this Regulation and Regulation 119, “inspection” means such visual or more rigorous inspection by a competent person as is appropriate for safety purposes and includes any testing appropriate for those purposes.

(2) Where a thorough examination has been made of lifting equipment under a specific requirement of any of the relevant statutory provisions—

(a) the examination, for the purposes of Regulation 119, other than paragraph (1)(c) of that Regulation, shall be treated as an inspection of the lifting equipment, and

(b) where a report of the examination has been prepared under the relevant statutory provisions, the report shall be treated for the purposes of Regulation 119(4)(b) as the recording of the inspection.

Inspection of work equipment.

119.

119. (1) An employer shall ensure that, as regards work equipment to which Regulations 101 to 114 apply—

(a) where the safety of the work equipment depends on how it is installed or assembled it is not used after installation or assembly in any position unless it has been inspected in that position,

(b) without prejudice to paragraphs (a) and (c), work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected—

(i) at suitable intervals, and

(ii) where exceptional circumstances have occurred that are liable to jeopardise the safety of the work equipment, as soon as practicable following these exceptional circumstances, and

(i) used for construction work, and

(ii) from which an employee could fall 2 m or more,

is not used in any position unless it has been inspected in that position within the previous 7 days or, in the case of a mobile working platform, inspected on the site within the previous 7 days.

(2) A person carrying out an inspection of work equipment to which paragraph (1)(c) applies shall—

(a) promptly prepare a report containing the particulars as set out in Schedule 5, and

(b) within 24 hours of completing the inspection, provide the report, or a copy thereof to the person on whose behalf the inspection was carried out.

(3) An employer receiving a report under paragraph (2) shall keep the report or a copy of the report—

(a) at the site where the inspection was carried out until the construction work is completed, and

(b) thereafter, at an office of the employer.

(4) An employer shall ensure that—

(a) no work equipment under the employer's control is used in another place of work unless it is accompanied by evidence that the last inspection required to be carried out under this Regulation has been carried out, and

(b) the result of an inspection under this Regulation is recorded and kept available for inspection by an inspector for 5 years from the date of inspection.

Part 5 Physical Agents

Chapter 1 — Control of Noise at Work

Interpretation.

120.

120. In this Chapter:

“daily noise exposure level” expressed as (LEX, 8h) (dB)(A) re: 20 μPa) means the time-weighted average of the noise exposure level for a nominal eight-hour working day as defined by international standard ISO (International Organization for Standardization 1999: 1990, point 3.6, covering all noises present at work, including impulsive noise;

“exposure action values” mean the daily noise exposure level or peak sound pressure level which, if exceeded for any employee, requires specified action to be taken to reduce risk;

“exposure limit value” means the level of daily noise exposure or peak sound pressure which must not be exceeded for any employee;

“noise” means any audible sound;

“peak sound pressure” expressed as (p peak) means the maximum value of the “C”-frequency weighted instantaneous noise pressure;

“weekly noise exposure level” expressed as (LEX, 8h) means the time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days as defined by international standard ISO 1999: 1990, point 3.6 (note 2).

Application.

121.

121. This Chapter, subject to Regulation 122, applies to activities in which employees are or are likely to be exposed to risks to their safety and health arising from exposure to noise during their work and, in particular, the risk to hearing.

Transitional periods.

122.

122. (1) In the case of employees on board seagoing vessels, Regulation 128 does not apply until 15 February 2011.

(2) Taking account of Regulation 3(1)(z) and (2), this Chapter does not apply to the music and entertainment sectors until 15 February 2008.

Exposure limit values and exposure action values.

123.

123. (1) For the purposes of this Chapter, the exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure are as follows:

(a) exposure limit values—

LEX,8h = 87 dB(A) and ppeak = 140dB(C) in relation to 20 μPa;

(b) upper exposure action values—

LEX,8h = 85 dB(A) and ppeak = 137dB(C) in relation to 20 μPa;

LEX,8h = 80 dB(A) and ppeak = 135dB(C) in relation to 20 μPa.

(2) An employer, when applying the exposure limit values referred to in paragraph (1)(a) in determining an employee's effective exposure, shall take account of the attenuation provided by individual hearing protectors worn by the employee.

(3) The exposure action values referred to in paragraphs (1)(b) and (c) apply irrespective of the attenuating effect of any such hearing protectors as referred to in paragraph (2).

(4) For activities where the daily noise exposure varies markedly from one working day to the next, an employer, for the purposes of applying the exposure limit values and the exposure action values, may use the weekly noise exposure level in place of the daily noise exposure level to assess the levels of noise to which the employer's employees are exposed, provided that—

(a) the weekly noise exposure level as shown by adequate monitoring does not exceed the exposure limit value of 87db(A), and

(b) appropriate measures are taken in order to reduce the risk associated with these activities to a minimum.

Determination and assessment of risks above a lower exposure action value.

124.

124. An employer shall—

(a) without prejudice to sections 19 and 20 of the Act, where employees are liable to be exposed to noise at work above a lower exposure action value, in consultation with the employer's employees or their representatives, or both, make a suitable and appropriate assessment of the risk arising from such exposure,

(b) in carrying out the risk assessment referred to in paragraph (a), if necessary measure the levels of noise to which the employer's employees are exposed,

(c) be responsible for the assessment referred to in paragraphs (a) and (b) being planned and carried out competently at suitable intervals and for ensuring that any sampling is representative of the daily personal exposure of an employee to noise,

(d) ensure that the methods and apparatus used in the measurement of noise at work for the purposes of this Chapter are adapted to—

(i) the prevailing conditions, particularly in the light of the characteristics of the noise to be measured,

(ii) the length of exposure, ambient factors, and

(iii) the characteristics of the measuring apparatus, and

that it is possible to—

(I) determine the parameters defined in Regulation 120, and

(II) decide, whether in a given case, the values specified in Regulation 123 have been exceeded,

(e) give particular attention when carrying out a risk assessment under this Regulation to the following—

(i) the level, type and duration of exposure, including any exposure to impulsive noise,

(ii) the exposure limit values and the exposure action values specified in Regulation 123,

(iii) the effects of exposure to noise on employees whose safety or health is at particular risk from such exposure,

(iv) as far as technically possible, any effects on employees' safety and health resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations,

(v) any indirect effects on employees' safety or health resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents,

(vi) any information on noise emission provided by the manufacturers of work equipment in accordance with section 16 of the Act,

(vii) the availability of alternative equipment designed to reduce noise emission,

(viii) the extension of exposure to noise beyond normal working hours under the employer's responsibility,

(ix) appropriate information obtained from health surveillance including, where possible, published information, and

(x) the availability of hearing protectors with adequate attenuation characteristics,

(f) without prejudice to section 19(3) of the Act, review a risk assessment undertaken for the purposes of this Chapter where the results of health surveillance undertaken in accordance with Regulation 131 show it to be necessary,

(g) record in the safety statement drawn up pursuant to section 20 of the Act—

(i) the findings of the risk assessment as soon as it is practicable after it is made and

(ii) the steps which he or she has taken to comply with Regulations 125 to 130 and

(h) review the assessment and, if necessary, the measurement referred to in paragraph (b) at suitable intervals and, in particular, where either of the conditions specified in section 19(3) (a) and (b) of the Act are met.

Provisions aimed at avoiding or reducing exposure.

125.

125. An employer shall—

(a) in compliance with the general principles of prevention set out in Schedule 3 to the Act, and in consultation with the employer's employees or representatives, or both ensure, so far as is reasonably practicable, that the risk arising from exposure of the employer's employees to noise is either eliminated at source or reduced to a minimum,

(b) in complying with paragraph (a), take into account, in particular—

(i) other methods of work which eliminate or reduce exposure to noise,

(ii) the choice of appropriate work equipment, taking account of the work to be done, emitting the least possible noise, including the possibility of making available to employees work equipment in compliance with section 16 of the Act with the aim or effect of limiting exposure to noise,

(iii) the design and layout of places of work and workstations,

(iv) adequate information and training to instruct employees to use work equipment correctly and safely in order to reduce their exposure to noise to a minimum,

(v) noise reduction by technical means, such as—

(I) reducing air-borne noise, for instance by use of shields, enclosures and sound absorbent coverings,

(II) reducing structure-borne noise, for instance by damping or isolation,

(vi) appropriate maintenance programmes for work equipment, the place of work workstations and systems of work, and

(vii) organisation of work to reduce noise by -

(I) limiting the duration and intensity of the exposure, and

(II) arranging appropriate work schedules with adequate rest periods,

(c) where, owing to the nature of the activity, rest facilities are provided, ensure that noise in those facilities is reduced to a level compatible with their purpose and the conditions of use, and

(d) adapt any measure taken in compliance with this Regulation and Regulations 126 and 127, to take account of any employee whose safety or health is at particular risk from exposure to noise.

Application of upper exposure action values.

126.

126. If a risk assessment referred to in Regulation 124 indicates that an upper exposure action value is exceeded, an employer shall establish and implement a programme of technical or organisational measures, or both, designed to reduce exposure to noise, taking into account, in particular, the measures referred to in Regulation 125.

Prevention of exposure above noise level of 85dB(A).

127.

127. If a risk assessment indicates that there are workstations within the place of work where employees are likely to be exposed to noise above 85dB(A), an employer shall—

(a) display mandatory warning signs, in accordance with Chapter 1, Part 7, to convey information that—

(i) the noise levels at those workstations are likely to exceed that upper exposure action value, and

(ii) hearing protectors are available and must be worn, and

(b) ensure that the workstations are protected from unauthorised access by barriers or other suitable means that are technically feasible and justified by the risk of exposure.

Application of exposure limit value.

128.

128. Subject to Regulation 122, an employer shall ensure that—

(a) the employer's employees are not exposed to noise above the exposure limit value,

(b) if, despite the measures taken to comply with this Chapter, exposure above the exposure limit value is detected—

(i) immediate action is taken to reduce exposure to noise to below the exposure limit value,

(ii) the reasons for that limit being exceeded are identified, and

(iii) the organisational and technical measures taken in accordance with Regulation 125 are amended to prevent the exposure limit value being exceeded again.

Personal protection.

129.

129. (1) An employer shall—

(a) in accordance with sections 8, 9, 10, 13 and 14 of the Act, and where the risks arising from exposure to noise cannot be prevented by other means, make available appropriate, properly fitting, individual hearing protectors which comply with the relevant statutory provisions,

(b) where noise exposure exceeds the lower exposure action values, make individual hearing protectors available,

(c) ensure that individual hearing protectors referred to in subparagraph (a) are selected following consultation with the employees concerned or their representatives, or both, so as to eliminate the risk to hearing or reduce the risk to a minimum, and

(d) ensure, so far as is reasonably practicable, that—

(i) hearing protectors are used in accordance with paragraph (2), and

(ii) the measures taken under this Regulation are effective.

(2) An employee whose exposure to noise equals or exceeds the upper exposure action values shall use individual hearing protectors.

Employee information, training and consultation.

130.

130. An employer shall—

(a) without prejudice to sections 9 and 10 of the Act, where the employer's employees are exposed to noise at work at or above the lower exposure action value, provide them or their representatives, or both, with suitable and sufficient information and training relating to risks resulting from exposure to noise,

(b) ensure that, without prejudice to the generality of paragraph (a), the information and training provided under that paragraph includes—

(i) the nature of such risks,

(ii) the organisational and technical measures taken in order to comply with Regulation 125,

(iii) the exposure limit values and the exposure action values specified in Regulation 123,

(iv) the results of the assessment and measurements of the noise carried out in accordance with Regulation 124 and an explanation of their significance and the potential risks,

(v) the correct use of hearing protectors,

(vi) why and how to detect and report signs of hearing damage,

(vii) the circumstances in which health surveillance is made available to employees and its purpose, in accordance with Regulation 131,

(viii) safe working practices to minimise exposure to noise, and

(c) ensure that the consultation of employees in relation to this Chapter is effected in accordance with section 26 of the Act and includes in particular consultation in regard to Regulations 124(a), 125(a) and 129(1)(c).

Health surveillance, records and effects.

131.

131. (1) Without prejudice to section 22 of the Act, an employer shall—

(a) in the case of employees whose exposure exceeds an upper exposure action value make available to them the services of a registered medical practitioner to carry out or to have carried out on his or her responsibility, a hearing check, and

(b) in the case of employees whose exposure exceeds a lower exposure action value make available to them preventive audiometric testing.

(2) The purpose of hearing checks and audiometric tests referred to in paragraph (1) shall be to provide early diagnosis of any hearing loss due to noise and to assist in the preservation of hearing.

(3) An employer shall—

(a) ensure that—

(i) a health record in respect of each of the employer's employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and

(ii) the record or a copy of it is kept available in a suitable form so as to permit appropriate access at a later date, taking into account any confidentiality concerns,

(b) on request, allow an employee access to his or her personal health record,

(d) if the employer ceases to trade, notify the Authority forthwith in writing and make available to the Authority all health records kept by the employer in accordance with this Chapter.

(4) Where, as a result of surveillance of the hearing function in accordance with this Regulation, an employee is found to have identifiable hearing damage, the employer shall ensure that a registered medical practitioner assesses whether such damage is likely to be the result of exposure to noise at work and, if so established—

(a) every relevant employee shall be informed by the registered medical practitioner of the result which relates to the employee personally; and

(b) the employer shall—

(i) review the risk assessment carried out in accordance with Regulation 124,

(ii) review the measures provided to eliminate or reduce risks in accordance with Regulation 125,

(iii) take into account the advice of the registered medical practitioner or other suitably qualified person, or the Authority, in implementing any measures required to eliminate or reduce risk in accordance with Regulations 125 to 130, including the possibility of assigning the employee to alternative work where there is no risk of further exposure, and

(iv) arrange systematic health surveillance and provide for a review of the health status of any other employee who has been similarly exposed.

Exemptions.

132.

132. (1) Subject to paragraphs (2) to (4), the Authority, in exceptional situations, by a certificate in writing, may exempt any person or class of persons from Regulations 128 and 129 where because of the nature of the work, the full and proper use of personal hearing protectors would be likely to cause greater risk to safety or health than not using such protectors.

(2) An exemption under paragraph (1) may be granted subject to conditions including a limit of time not exceeding 4 years.

(3) The Authority shall not grant an exemption under this Chapter unless—

(a) the Authority consults—

(i) representatives of employers and employees, and

(ii) any other persons

as the Authority considers appropriate,

(b) the risks resulting from the exemption concerned are reduced, so far as is reasonably practicable, to a minimum, and

(4) The Authority, by a certificate in writing, may revoke an exemption under paragraph (1 at any time as soon as the justifying circumstances no longer obtain.

Chapter 2 — Control of Vibration at Work

Interpretation.

133.

133. In this Chapter

“exposure action value” means the level of daily vibration exposure for any employee which if exceeded, requires specified action to be taken to reduce risk;

“exposure limit value” means the level of daily vibration exposure for any employee which must not be exceeded, save as set out in Regulation 142(2);

“hand-arm vibration” means mechanical vibration that, when transmitted to the human hand-arm system, entails risks to the safety and health of employees, in particular vascular bone or joint, neurological or muscular disorders;

“mechanical vibration” means vibration occurring in a piece of machinery or equipment, or in a vehicle as a result of its operation;

“whole-body vibration” means the mechanical vibration that, when transmitted to the whole body, entails risks to the safety and health of employees, in particular lower-back morbidity and trauma of the spine.

Transitional periods.

134.

134. (1) Subject to paragraph (2), Regulation 139 applies on and after 6 July 2010, but not until then, where work equipment is used which—

(a) was first provided to employees before 6 July 2007 by an employer, and

(b) does not permit compliance with the exposure limit values.

(2) Regulation 139 applies on and after 6 July 2014, but not until then, in respect of work equipment, which is used in the agriculture and forestry sectors only, and—

(a) was first provided to employees before 6 July 2007 by an employer, and

(b) does not permit compliance with the exposure limit values.

(3) In using work equipment described in paragraph (1) or (2), an employer shall take into account the latest technical advances and the organisational measures taken in accordance with Regulation 137.

Exposure limit values and action values.

135.

135. (1) For hand-arm vibration—

(a) the daily exposure limit value standardised to an eight-hour reference period shall be 5m/s²,

(b) the daily exposure action value standardised to an eight-hour reference period shall be 2.5 m/s², and

(2) For whole-body vibration—

(a) the daily exposure limit value standardised to an eight-hour reference period shall be 1.15 m/s²,

(b) the daily exposure action value standardised to an eight-hour reference period shall be 0.5 m/s², and

Determination and assessment of risks.

136.

136. An employer shall

(a) without prejudice to sections 19 and 20 of the Act, where employees are or are likely to be exposed to risks to their safety or health arising from exposure to mechanical vibration during their work, make a suitable and appropriate assessment of the risk arising from such exposure;

(b) in carrying out the risk assessment referred to in paragraph (a), assess daily exposure to mechanical vibration by means of—

(i) observation of specific working practices,

(ii) reference to relevant information on the probable level of the vibration corresponding to the equipment or the types of equipment used in the particular working conditions, and

(iii) if necessary, measurement of the magnitude of mechanical vibration to which the employer's employees are liable to be exposed, and carry out any such measurement on the basis set out in Schedule 6,

(c) ensure that the assessment referred to in paragraphs (a) and (b) are planned and carried out by a competent person at suitable intervals,

(d) in carrying out the risk assessment under this Regulation, give particular attention to—

(i) the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks,

(ii) the exposure limit values and the exposure action values specified in Regulation 135,

(iii) the effects of exposure to vibration on employees whose safety or health is at particular risk from such exposure,

(iv) any indirect effects on employee safety or health resulting from interactions between mechanical vibration and the place of work or other work equipment,

(v) any information provided by the manufacturers of work equipment in compliance with section 16 of the Act,

(vi) the existence of replacement equipment designed to reduce exposure to mechanical vibration,

(vii) the extension of exposure to whole-body vibration beyond normal working hours under the employer's responsibility,

(viii) specific working conditions such as low temperatures, and

(ix) appropriate information obtained from health surveillance including, where possible, published information,

(e) record in the safety statement drawn up pursuant to section 20 of the Act—

(i) the findings of the risk assessment as soon as it is practicable after it is made and

(ii) the steps which the employer has taken to comply with Regulations 137 to 141, and

(f) review the assessment and, if necessary, the measurement referred to in paragraph (b) at suitable intervals and, in particular, where either of the conditions specified in section 19(3)(a) and (b), of the Act are met.

Provisions aimed at avoiding or reducing exposure.

137.

137. An employer shall—

(a) having regard to the general principles of prevention in Schedule 3 to the Act ensure, so far as is reasonably practicable, that risk from the exposure of the employer's employees to mechanical vibration is either eliminated at source or reduced to a minimum, and

(b) adapt any measure taken in compliance with this Chapter to take account of any employee who is at particular risk from mechanical vibration.

Application of exposure action values.

138.

138. If the risk assessment carried out under Regulation 136 indicates that an exposure action value is exceeded, an employer shall comply with the duty to reduce exposure to mechanical vibration and attendant risks to a minimum under Regulation 137 by establishing and implementing a programme of technical or organisational measures, or both, appropriate to the activity and consistent with the risk assessment, taking into account in particular—

(a) other methods of work which reduce exposure to mechanical vibration,

(b) the choice of work equipment of appropriate ergonomic design which, taking account of the work to be done, produces the least possible vibration,

(c) the provision of auxiliary equipment which reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration and handles which reduce the vibration transmitted to the hand-arm system,

(d) appropriate maintenance programmes for work equipment, the places of work workstations and systems of work,

(e) the design and layout of places of work and workstations,

(f) adequate information and training to instruct employees to use work equipment correctly, safely and without risk to health in order to reduce their exposure to mechanical vibration to a minimum,

(g) limitation of the duration and intensity of exposure to mechanical vibration,

(h) appropriate work schedules with adequate rest periods, and

(i) provision of clothing to protect employees exposed to cold and damp.

Application of exposure limit value.

139.

139. Subject to Regulations 134 and 142, an employer shall ensure that—

(a) the employer's employees are not exposed to mechanical vibration above the relevant exposure limit value, and

(b) if, despite the measures taken to comply with this Chapter, the exposure limit value is exceeded,

(i) take action to reduce exposure to mechanical vibration to below the exposure limit value,

(ii) identify the reason for that limit being exceeded, and

(iii) amend the technical and organisational measures taken in accordance with Regulation 138 to prevent it being exceeded again.

Employee information and training.

140.

140. Without prejudice to sections 9 and 10 of the Act, where employees are exposed to risk from mechanical vibration, an employer shall provide those employees or their representative, or both, with suitable and sufficient information, instruction and training, including—

(a) the technical and organisational measures taken in order to comply with this Chapter,

(b) the exposure limit values and the exposure action values,

(c) the results of the risk assessment and measurement of the mechanical vibration carried out in accordance with Regulation 136 and the potential injury arising from the work equipment in use,

(d) why and how to detect and report signs of injury,

(e) the circumstances in which health surveillance is made available to employees and its purpose, in accordance with Regulation 141, and

(f) safe working practices to minimise exposure to mechanical vibration.

Health surveillance, records and effects.

141.

141. (1) Without prejudice to section 22 of the Act, an employer shall ensure that appropriate health surveillance is made available to those employees for whom a risk assessment referred to in Regulation 136 reveals a risk to their health, including employees exposed to mechanical vibration in excess of an exposure action value.

(2) The purpose of health surveillance referred to in this Regulation is to prevent or diagnose rapidly any disorder linked with exposure to mechanical vibration, and shall be regarded as being appropriate, when—

(a) the exposure of an employee to mechanical vibration is such that an identifiable illness or adverse health effect may be related to the exposure,

(b) there is a reasonable likelihood that the illness or effect may occur under the particular conditions of his or her work, and

(c) there are valid low risk tested techniques available to the employee for detecting indications of the illness or the effect.

(3) An employer shall ensure that—

(a) the results of health surveillance carried out in compliance with section 22 of the Act are taken into account in the application of preventive measures at a particular place of work,

(b) a health record in respect of each of the employer's employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained,

(c) the health record referred to in paragraph (b) or a copy of the record is kept available in a suitable form so as to permit appropriate access at a later date, taking into account any confidentiality concerns,

(d) on request, an employee is allowed access to his or her personal health record,

(e) the Authority is provided with copies of such health records as it may require, and

(f) if the employer ceases to trade, the Authority is notified forthwith in writing and all health records kept by the employer in accordance with this Regulation are made available to the Authority.

(4) A registered medical practitioner under whose responsibility an employee receives health surveillance under this Regulation shall—

(a) keep an individual confidential medical record containing the results of the health surveillance and, where appropriate, medical examination carried out,

(b) ensure that such record or a copy thereof is kept in a suitable form for an appropriate time from the date of the last entry made in it,

(d) give access to an employee, upon request by that employee, to his or her own health surveillance records, and

(e) allow access to individual confidential medical records to a person who is designated under section 63(1) of the Act.

(5) Where, arising from health surveillance in accordance with this Regulation, an employee is found to have an identifiable illness or adverse health effect which, in the opinion of a registered medical practitioner, is the result of exposure at work to mechanical vibration the registered medical practitioner shall inform—

(a) the employee of the opinion and the reasons for that opinion, and

(b) the employer of the opinion but not of the reasons.

(6) In informing an employee as set out in paragraph (5), the registered medical practitioner must include information and advice regarding the health surveillance which the employee should undergo following the end of the exposure.

(7) An employer shall, where as a result of health surveillance in accordance with this Regulation, an employee is found to have an identifiable illness or adverse health effect which, in the opinion of a registered medical practitioner, is the result of exposure at work to mechanical vibration—

(a) review the risk assessment made under Regulation 136,

(b) review the measures provided to eliminate or reduce the risk under Regulations 137 and 138,

(c) take account of the advice of the registered medical practitioner or a relevant competent person, or an inspector, in implementing any measures required to eliminate or reduce risk in accordance with Regulations 137 and 138, including the possibility of assigning the affected employee to alternative work where there is no risk of further exposure,

(d) arrange continued health surveillance and provide for a review of the health status of any employee who has been similarly exposed, and

(e) take account of the recommendations of the registered medical practitioner or a relevant competent person regarding further medical examination.

(8) Where an undertaking ceases to trade, the employer shall ensure that any health records are made available to the Authority.

Exemptions.

142.

142. (1) Subject to paragraphs (3) and (4), the Authority, by a certificate in writing, may exempt any person or class of persons from Regulation 139 in duly justified circumstances in respect of whole-body vibration only in the case of sea and air transport, where the latest technical advances and the specific characteristics of the place of work do not permit compliance with the exposure limit value despite the technical and organisational measures taken.

(2) Subject to paragraphs (3) and (4), the Authority, by a certificate in writing, may exempt any person or class of persons from Regulation 139 where the exposure of an employee to mechanical vibration is usually below the exposure action value but varies markedly from time to time and may occasionally exceed the exposure limit value, provided that—

(a) any exposure to mechanical vibration averaged over 40 hours in any one week is less than the exposure limit value, and

(b) there is evidence to show that the risk from the actual pattern of exposure is less than the corresponding risk from constant exposure at the exposure limit value.

(3) The Authority shall not grant any exemptions under this Regulation unless—

(a) the Authority consults the employers and the employees concerned or their representatives, or both,

(b) it applies conditions to any such exemption, taking into account the special circumstances, to ensure that the resulting risks are reduced to a minimum, and

(4) Any exemption granted by the Authority under this Regulation shall be—

(a) reviewed by the Authority at least once every 4 years, and

(b) revoked by the Authority, by a certificate in writing, at any time as soon as the justifying circumstances no longer obtain.

Part 6 Sensitive Risk Groups

Chapter 1 — Protection of Children and Young Persons

Interpretation for Chapter 1.

143.

143. In this Chapter:

“child” means a person resident in the State who is under 16 years of age;

“night work” means—

(a) in the case of a child, any work between 8 p.m. on any one day and 8 a.m. on the following day, and

(b) in the case of a young person, the hours mentioned in paragraph (b) of section 6(1 of the Protection of Young Persons (Employment) Act 1996 (No. 16 of 1996), as qualified by that section and sections 7 and 8 thereof;

“risk assessment” means the assessment of a risk referred to in Regulation 144;

“young person” means a person who has reached 16 years of age but is less than 18 years of age.

Risk assessment.

144.

144. An employer shall—

(a) carry out a risk assessment before employing a child or young person and whenever there is a major change in the place of work which could affect the safety or health of such child or young person,

(b) without prejudice to the provisions of section 19 of the Act, assess any risk to the safety or health of a child or young person and any specific risk to their safety health and development arising from—

(i) his or her lack of experience, absence of awareness of existing or potential risks or lack of maturity,

(ii) any work activity likely to involve a risk of harmful exposure to the physical biological and chemical agents specified in Part A of Schedule 7, and

(iii) the processes and work specified in Part B of Schedule 7,

and take the necessary preventive and protective measures,

(i) the fitting-out and the layout of the place of work and of the workstation,

(ii) the nature, degree and exposure to any physical, chemical or biological agent at the place of work,

(iii) the form, range and use of work equipment, in particular agents, machines apparatus and devices, and the way in which they are handled,

(iv) the arrangement of work processes and of work operations at the place of work and of the way in which these may be organised in combination for the purposes of carrying out work, and

(v) the training, instruction and level of supervision provided to a child or young person at the place of work,

(d) in taking the protective and preventive measures in accordance with paragraph (a and as regards planning for and implementing measures to monitor and protect the safety and health of a child or young person, take account of section 18 of the Act and

(e) without prejudice to the provisions of section 9 of the Act, inform a child or young person of any risk identified in accordance with paragraph (a) and of the preventive and protective measures taken and, in the case of a child, inform the parent or guardian of such child of such risk and such preventive and protective measures.

Circumstances prohibiting employment of a child or young person.

145.

145. An employer shall not employ a child or young person at work where a risk assessment reveals that the work—

(a) is beyond the physical or psychological capacity of the child or young person concerned,

(b) involves harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affects human health,

(d) involves the risk of accidents which it may be assumed cannot be recognised or avoided by a child or young person owing to insufficient attention to safety or lack of experience or training, or

(e) which presents a risk to health from exposure to extreme heat or cold or to noise or vibration.

Health surveillance.

146.

146. An employer shall—

(a) where a risk assessment reveals a risk to safety or health or to the physical or mental development of a child or young person, make available health surveillance in accordance with section 22 of the Act,

(b) make available to a child or young person a free assessment of his or her health and capabilities before assignment to night work and at regular intervals thereafter, and

(c) inform a child or young person of the result of any health surveillance or health assessment carried out in accordance with paragraphs (a) or (b) and, in the case of a child, inform the parent or guardian of the child of the results of any health surveillance or health assessment.

Chapter 2 — Protection of Pregnant, Post Natal and Breastfeeding Employees

Interpretation for Chapter 2.

147.

147. In this Chapter:

“agent, process or working condition” includes an agent, process or working condition, lists of which are shown in Part A of Schedule 8;

“employee” means a pregnant employee, an employee who is breastfeeding or a post natal employee;

“employee who is breastfeeding” means an employee who, having given birth not more than 26 weeks previously, is breastfeeding;

“post natal employee” means an employee who gave birth not more than 14 weeks preceding a material date;

“pregnant employee” means an employee who is pregnant.

Application of Chapter 2.

148.

148. (1) This Chapter applies to an employee subject to her—

(a) notifying her employer of her condition as soon as is practicable after it occurs, and,

(b) at the time of the notification, giving to her employer or producing for her employer's inspection a medical or other appropriate certificate confirming her condition.

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