S.I. No. 299/2007 - Safety, Health and Welfare at Work (General Application) Regulations 2007
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) …
- (2) Section 6(2) of the Act does not apply to the application of this Chapter.
Risk assessment.
149.
149. Without prejudice to section 19 of the Act, an employer shall—
- (a) assess any risk to the safety or health of employees and any possible effect on the pregnancy of, or breastfeeding by, employees, resulting from any activity at that employer's place of work likely to involve a risk of exposure to any agent, process or working condition as referred to in Part A of Schedule 8 and, for that purpose determine the—
- (i) nature,
- (ii) degree and
- (iii) duration
of any employee's exposure to any agent, process or working condition;
- (b) take the preventive and protective measures necessary to ensure the safety and health of such employees and avoid any possible effect on such pregnancy or breastfeeding; and
- (c) without prejudice to paragraph (a) and the relevant statutory provisions relating to chemical agents and to the occupational exposure limits laid down in any relevant approved code of practice—
- (i) assess any risk to safety or health likely to arise from exposure of a pregnant employee to an agent or working condition listed in Part B of Schedule 8 resulting from any activity at that employer's place of work,
- (ii) assess any risk to safety or health likely to arise from exposure of an employee who is breastfeeding to an agent or working condition listed in Part C of Schedule 8 resulting from any activity at that employer's place of work and
- (iii) ensure that any such employee is not required to perform duties for which the assessment reveals such risk.
Protective or preventive measures.
150.
150. An employer shall—
- (a) where—
- (i) the risk assessment carried out under Regulation 149 reveals a risk to an employee's safety or health, or any possible adverse effect on the pregnancy or breastfeeding of an employee, and
- (ii) it is not practicable to ensure the safety or health of such employee through protective or preventive measures,
adjust temporarily the working conditions or the working hours, or both, of the employee concerned so that exposure to such risk is avoided, and
- (b) in cases in which the adjustment of working conditions or working hours, or both referred to in paragraph (a)—
- (i) is not technically or objectively feasible, or both, or
- (ii) cannot reasonably be required on duly substantiated grounds,
take the measures necessary to provide the employee concerned with other work which does not present a risk to the safety or health of, or any possible adverse effect on the pregnancy or breastfeeding by, the employee.
Night work.
151.
151. (1) In this Regulation “night work” means work in the period between the hours of 11 p.m. on any day and 6 a.m. on the next following day where—
- (a) the employee works at least 3 hours in that period as a normal course, or
- (b) at least 25 per cent of the employee's monthly working time is performed in that period.
- (2) An employer shall—
- (a) if a registered medical practitioner certifies that it is necessary for the safety or health of an employee that she should not be required to perform night work during pregnancy or for 14 weeks following childbirth not oblige her to perform night work during that period, and
- (b) in a case to which subparagraph (a) relates—
- (i) transfer the employee to daytime work, or
- (ii) where such a transfer is not technically or objectively feasible on duly substantiated grounds, or both, grant the employee leave or extend the period of maternity leave.
Information.
152.
152. An employer shall, without prejudice to the provisions of section 9 of the Act, take appropriate steps to ensure that employees or their representative, or both, are provided with information on—
- (a) the results of the assessment referred to in Regulation 149, and
- (b) the measures to be taken concerning employees' safety and health pursuant to this Chapter.
Chapter 3 — Night Work and Shift Work
Interpretation for Chapter 3.
153.
153. In this Chapter:
“1997 Act” means the Organisation of Working Time Act 1997 (No. 20 of 1997);
“night work” and “night worker” have the same meaning as they have in the 1997 Act;
“shift work” and “shift worker” have the same meaning as they have in the 1997 Act.
Application of Chapter 3.
154.
154. This Chapter applies in respect of—
- (a) an employee and employer to whom the 1997 Act applies, and
- (b) a self-employed person.
Night work risk assessment.
155.
155. For the purposes of section 16(2)(a) of the 1997 Act, an employer shall carry out, in compliance with section 19 of the Act, a risk assessment, taking account of—
- (a) the specific effects and hazards of night work, and
- (b) the risks to the safety and health of the employee concerned that attach to the work that a night worker is employed to do,
so as to determine whether that work involves special hazards or a heavy physical or mental strain.
Protective or preventive measures with respect to night workers and shift workers.
156.
156. An employer, taking account of the risk assessment under Regulation 155, shall—
- (a) take such steps as, having regard to the nature of the work concerned, are appropriate for the protection of the safety and health of a night worker or an employee who is a shift worker, and
- (b) in taking steps to comply with section 18 of the Act, have regard to the employer's duty under paragraph (a).
Health assessment and transfer to day work.
157.
157. (1) An employer,
- (a) before employing a person as a night worker, and
- (b) at regular intervals during the period that that person is employed as a night worker,
shall make available to that person, free of charge, an assessment by a registered medical practitioner, or a person under the practitioner's supervision, in relation to any adverse effects of that night work on the night worker's health.
- (2) In discharging the duty under paragraph (1) the employer—
- (a) may take into account any entitlement to an assessment referred to in that paragraph that is provided by the State, and
- (b) shall facilitate the night worker's attendance at the assessment if so required.
- (3) The person who performs an assessment referred to in paragraph (1) shall—
- (a) endeavour to detect if the health of the employee concerned is being or will be adversely affected by the fact that the employee performs or will perform night work, and
- (b) on the completion of the assessment, inform the employer and employee concerned—
- (i) of the opinion of the person who performs the assessment as to whether the employee is fit or unfit to perform the night work concerned, and
- (ii) if that opinion is that the employee is unfit to perform that night work by reason only of the particular conditions under which that work is performed suggesting changes in those conditions that could be made so that the employee could be considered fit to perform that night work.
- (4) Neither a registered medical practitioner nor a person acting under his or her supervision shall disclose—
- (a) the clinical details of the assessment referred to in paragraph (1) to any person other than the employee concerned or a person designated under section 63 of the Act, or
- (b) the opinion of the registered medical practitioner of such an assessment to any person other than the employee and employer concerned.
- (5) If a night worker—
- (a) becomes ill or otherwise exhibits symptoms of ill-health, and
- (b) that illness is or those symptoms are recognised as being connected with the fact that the night worker performs night work,
the employer, whenever possible, shall assign duties to the employee that do not involve performing any night work and to which the employee is suited.
Part 7 Safety Signs and First-Aid
Chapter 1 — Safety Signs at Places of Work
Interpretation for Chapter 1.
158.
158. In this Chapter:
“acoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;
“emergency escape or first-aid sign” means a sign giving information on emergency exits or first-aid or rescue facilities;
“hand signal” means a movement, position, or both, of the arm, hands, or both, in coded form, for guiding persons who are carrying out manoeuvers which constitute a hazard or danger for persons at work;
“illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;
“information sign” means a sign providing information other than that referred to in prohibition, warning, mandatory or emergency escape or first-aid signs;
“mandatory sign” means a sign requiring specific behaviour;
“prohibition sign” means a sign prohibiting behaviour likely to incur or cause danger;
“safety colour” means a colour to which a specific meaning is assigned;
“safety or health signs” means signs referring to a specific object, activity or situation and providing information or instructions about safety, health, or both, at work by means of a signboard, a colour, an illuminated sign, an acoustic signal, a verbal communication or a hand signal;
“supplementary signboard” means a signboard used together with one of the signs covered by the definition of “signboard” and which gives supplementary information, including where appropriate, information in writing;
“signboard” means a sign which provides specific information or instructions by a combination of a geometric shape, colours and a symbol or pictogram, without written words, which is rendered visible by lighting of sufficient intensity;
“supplementary signboard” means a signboard used together with one of the signs covered by the definition of “signboard” and which gives supplementary information, including where appropriate, information in writing;
“symbol or pictogram” means a figure which describes a situation or requires specific behaviour and which is used on a signboard or illuminated surface;
“verbal communication” means a predetermined spoken message communicated by a human or artificial voice;
“warning sign” means a sign giving warning of a hazard or risk.
Application of Chapter 1.
159.
159. (1) Subject to paragraphs (2) and (3) of this Regulation and to Regulation 160(2), this Chapter applies to every place of work.
- (2) This Chapter does not apply to signs used for the placing on the market of dangerous substances and preparations, products or equipment except to the extent that any other enactment relating to the use of such signs may refer to these Regulations.
- (3) Subject to Regulation 160(1)(d), this Chapter does not apply to signs used for regulating road, rail, inland waterway, sea or air transport.
- (4) This Chapter is without prejudice to sections 8 to 11, 13, 14, 18 to 23 and 25 to 31 of the Act.
Provision of safety signs.
160.
160. (1) An employer shall—
- (a) provide safety or health signs, or both, at the place of work where hazards cannot be avoided or adequately reduced by techniques for collective protection or measures methods or procedures used in the organisation of work,
- (b) ensure that such signs are in place,
- (c) have regard to the risk assessment made under section 19 of the Act and the safety statement prepared under section 20 of the Act when determining whether or not to provide a sign under paragraph (a),
- (d) use the appropriate sign prescribed under any enactment regulating transport or movement of traffic involving road, rail, inland waterway, sea or air in relation to risk, where such forms of transport—
- (i) are present at the place of work, and
- (ii) give rise to a risk to the safety or health of any employee, and
- (e) ensure that a safety or health sign used at work complies with Schedule 9.
- (2) Where a signboard is in place at the commencement of these Regulations, which, solely because it includes a word or words, is not a signboard as defined in Regulation 158, an employer may leave that signboard in place until 1 January 2011.
Information and instruction for employees.
161.
161. Without prejudice to sections 9 and 10 of the Act, an employer shall—
- (a) provide information to the employer's employees or representative, or both, as regards measures to be taken concerning safety or health signs used at work especially signs incorporating words and the general and specific behaviour to be adopted in relation to those signs, and
- (b) give the employer's employees suitable instruction, in particular in the form of specific directions concerning the safety or health signs used at work, which must include the meaning of the signs.
Prohibition of unauthorised information on signs.
162.
162. An employer shall ensure that signs at work which are displayed for the purposes of this Chapter do not include information other than that authorised by this Chapter.
Chapter 2 — First-aid
Interpretation for Chapter 2.
163.
163. In this Chapter:
“first-aid” means—
- (a) in a case where a person requires treatment from a registered medical practitioner or a registered general nurse, treatment for the purpose of preserving life or minimising the consequences of injury or illness until the services of a practitioner or nurse are obtained, or
- (b) in a case of a minor injury which would otherwise receive no treatment or which does not need treatment by a registered medical practitioner or registered general nurse, treatment of that minor injury;
“occupational first-aider” means a person trained and qualified in occupational first-aid.
Application of Chapter 2.
164.
164. (1) Subject to paragraph (2), this Chapter applies to every place of work.
- (2) Regulation 166 does not apply to the following places of work:
- (a) means of transport used outside the undertaking or a place of work inside a means of transport;
- (b) a fishing boat;
- (c) a field, wood or land forming part of an agricultural or forestry undertaking which is situated away from the undertaking's buildings.
Provisions for first-aid.
165.
165. (1) An employer shall—
- (a) provide and maintain suitably marked and easily accessible first-aid equipment, as is adequate and appropriate in the circumstances for enabling first-aid to be given to persons at every place where working conditions require it, at a place of work under the employer's control,
- (b) designate at each place of work under the employer's control the number of occupational first-aiders as is necessary to give first-aid at the place of work concerned,
- (c) ensure that the number of occupational first-aiders, their training and the equipment available to them is adequate, taking account of the size or hazards, or both, of each such place of work, and
- (d) ensure that—
- (i) details of arrangements made for the provision of first-aid, including the names of occupational first-aiders and the location of first-aid rooms equipment and facilities for or at the place of work are included in the safety statement, and
- (ii) the names, addresses and telephone numbers of the local emergency services are clearly displayed at each place of work.
- (2) Where an occupational first-aider provided under paragraph (1)(b) is absent in temporary and exceptional circumstances, it shall be sufficient compliance with that paragraph if the employer designates a person, or ensures that a person is designated, to take charge of an injured or ill person.
First-aid rooms.
166.
166. An employer shall provide—
- (a) one or, as appropriate, more first-aid rooms at every place of work under the employer's control where the size of the undertaking, the type and scale of activity being carried out and the frequency of accidents so require, without prejudice to—
- (i) Regulation 165(1)(a), and
- (ii) existing requirements in the relevant statutory provisions as regards the provision of first-aid rooms, and
- (b) ensure that every first-aid room provided under paragraph (a) is fitted with essential first-aid equipment and facilities and is easily accessible for stretchers.
PART 8 Explosive Atmospheres at Places of Work
Interpretation for Part 8.
167.
167. In this Part:
“ADR” means—
- (a) the European Agreement concerning the international carriage of dangerous goods by road,
- (b) the protocol of signature to that agreement, done at Geneva on 30 September 1957,
- (c) the amending protocol to that agreement adopted at Geneva on 28 October 1993 and
- (d) Annexes A and B to the ADR referred to in Annexes A and B to Council Directive No. 94/55/EC of 21 November 1994 as amended;
“explosion protection document” shall be construed in accordance with Regulation 169;
“hazard” means the physico-chemical or chemical property of a substance which has the potential to give rise to fire, explosion, or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion affecting the safety of a person, and cognate words shall be construed accordingly;
“risk” means the likelihood of a person's safety being affected by harmful physical effects being caused to him or her from fire, explosion or other events arising from the hazardous properties of a substance in connection with work;
“substance” includes any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;
“workplace” means any premises or part of premises used for or in connection with work and includes—
- (a) any place within the premises to which a person has access while at work, and
- (b) any room, lobby, corridor, staircase, road or other place—
- (i) used as a means of access to or egress from that place of work, or
- (ii) where facilities are provided for use in connection with that place of work,
other than a public road.
Application of Part 8.
168.
168. (1) Subject to paragraph (2), this Part applies to a workplace where employees are potentially at risk from an explosive atmosphere.
- (2) This Part does not apply to—
- (a) areas used directly for and during the medical treatment of patients,
- (b) the use of appliances burning gaseous fuels in accordance with Council Directive 90/396/EEC of 29 June 19903 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels as amended by Council Directive 93/68/EEC of 22 July 19934 ,
- (c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances,
- (d) mineral extractive industries as referred to in the relevant statutory provisions, and
- (e) the use of means of transport by land, water and air, to which the relevant provisions of the international agreements, including ADR, and the European Community directives giving effect to those agreements apply, but means of transport intended for use in a potentially explosive atmosphere shall not be excluded.
Assessment of explosion risk and explosion protection document.
169.
169. (1) An employer shall—
- (a) where an explosive atmosphere is or is likely to be present at or may, from time to time, arise in a workplace, make a suitable and appropriate assessment of the risk arising from such explosive atmosphere to the employees concerned having regard to all the circumstances,
- (b) in carrying out the assessment referred to in paragraph (a), have regard to—
- (i) the likelihood that explosive atmospheres will occur and their persistence,
- (ii) the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective,
- (iii) the installations, substances used, work processes and their possible interactions,
- (iv) the scale of the anticipated effects,
- (v) any places which are or can be connected via openings to places in which explosive atmospheres may occur, and
- (vi) such additional safety information as the employer may need in order to complete the assessment;
- (2) Having carried out an assessment under and in accordance with this Regulation, an employer shall—
- (a) prepare an explosion protection document, as soon as practicable and before the commencement of work,
- (b) revise that document as necessary if the workplace, work equipment or organisation of work undergoes significant changes, extensions or conversions,
- (c) include that document, or make reference to it, in the employer's safety statement and
- (d) make that document or any revision of it available to the employees concerned.
- (3) The employer shall specify in the explosion protection document each of the following:
- (a) that the explosion risks have been determined and assessed;
- (b) that measures have been or will be taken pursuant to this Part and that such measures are adequate having regard to the risks;
- (c) the places which have been classified into zones in accordance with Regulation 170 and, in respect of such classification, where Schedule 10 applies;
- (d) that the workplace and work equipment, including warning devices, are designed operated and maintained with due regard for safety and that, in accordance with Part 2, Chapter 1 and Part 7, Chapter 1, adequate arrangements have been made for the safe use of work equipment;
- (e) the purpose of any co-ordination required by Regulation 175 and the measures and procedures for implementing it.
- (4) An employer, in drawing up the explosion protection document, may combine existing explosion risk assessments, documents or other equivalent reports which have been prepared by or on behalf of the employer under any other enactment.
Classification of places where explosive atmospheres may occur.
170.
170. (1) An employer shall—
- (a) classify places at the workplace where explosive atmospheres may occur into hazardous or non-hazardous places in accordance with Part A of Schedule 10,
- (b) having done so, classify those places classified as hazardous into zones in accordance with paragraph 2 of that Part, and
- (c) display in a prominent position in any place that is classified as hazardous in accordance with paragraph (b), a sign at or near each point of entry to the hazardous place and ensure that the sign complies with Part B of Schedule 10.
- (2) Before a workplace containing a place that is classified as hazardous pursuant to paragraph (1) is used for the first time, an employer shall ensure that—
- (a) the overall explosion safety of both the workplace and that place it contains is verified by a competent person, and
- (b) any condition or conditions that are necessary, pursuant to this Part, for ensuring protection from explosion, is or are maintained.
- (3) This Part applies to—
- (a) the places classified as hazardous under paragraph (1)(a), as required by the features of workplaces, workstations, the equipment or substances used or the danger caused by the activity related to the risks from explosive atmospheres, and
- (b) equipment in non-hazardous places which is required for, or helps to ensure, the safe operation of equipment located in hazardous places.
Prevention against explosion.
171.
171. An employer shall—
- (a) for the purpose of preventing and providing protection against explosions, take technical and organisational measures that are appropriate to the nature of the operation and in order of priority ensure that those measures—
- (i) either
- (I) prevent the formation of explosive atmospheres, or
- (II) where the nature of the activity does not allow that, avoid the ignition of explosive atmospheres including by electrostatic discharges where persons at work or the working environment act as charge carrier or charge producer, and
- (ii) mitigate the detrimental effects of an explosion so as to ensure the health and safety of persons at work,
- (b) where necessary, combine and supplement the measures referred to in paragraph (a with measures against the propagation of explosion,
- (c) review the foregoing measures regularly and whenever significant changes occur,
- (d) take the necessary measures, in compliance with Regulation 169, to ensure that—
- (i) where explosive atmospheres may or are likely to arise in such quantities as to endanger the safety and health of persons at work, or of others, the working environment is such that work can be performed safely,
- (ii) in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of employees—
- (I) there is appropriate supervision of employees, and
- (II) that supervision includes the appropriate technical measures,
- (iii) any escape or any release, or both, whether intentional or not, of flammable gases, vapours, mists or combustible dusts which may give rise to explosion hazards are suitably diverted or removed to a safe place or, if that is not practicable, safely contained or rendered safe by some other suitable method and
- (iv) if an explosive atmosphere contains several types of flammable or combustible gases, vapours, mist or dusts, or any combination of them protective measures are appropriate to the greatest potential risk.
Safety of plant, equipment and protective systems.
172.
172. (1) An employer shall ensure that—
- (a) plant, equipment, protective systems and any associated connecting devices are only brought into service if the explosion protection document indicates that they can be safely used in an explosive atmosphere,
- (b) necessary measures are taken to prevent confusion between connecting devices,
- (c) all necessary measures are taken to ensure that the workplace, work equipment and any associated connecting device made available to employees are—
- (i) designed,
- (ii) constructed,
- (iii) assembled,
- (iv) installed,
- (v) maintained, and
- (vi) operated,
in such a way as—
- (I) to minimise the risks of an explosion, and
- (II) if an explosion does occur to control or minimise the propagation of the explosion within that workplace, work equipment, or both,
- (d) for a workplace referred to in paragraph (c), appropriate measures are taken to minimise the risks to employees from the physical effects of an explosion,
- (e) where the risk assessment shows it to be necessary—
- (i) it is possible, where power failure can give rise to the spread of additional risks, to maintain equipment and protective systems in a safe state of operation independently of the rest of the installation in the event of power failure,
- (ii) manual override by a competent employee is possible in order to shut down the equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that this does not compromise safety, and
- (iii) on operation of the emergency shutdown, accumulated energy is dissipated as quickly and as safely as possible or isolated so that it no longer constitutes a hazard,
- (f) if the explosion protection document drawn up pursuant to Regulation 169(2) does not state otherwise, equipment and protective systems for all places in which explosive atmospheres may occur is selected on the basis of the categories set out in the relevant statutory provisions intended for use in potentially explosive atmospheres, and
- (g) in particular, the following categories of equipment are used in the zones indicated in Schedule 10, provided they are suitable for gases, vapours, mists or dusts, or any combination of them, as appropriate—
- (i) in zone 0 or zone 20, category 1 equipment,
- (ii) in zone 1 or zone 21, category 1 or 2 equipment, and
- (iii) in zone 2 or zone 22, category 1, 2 or 3 equipment.
- (2) Paragraph (1)(a) applies also to any equipment or protective systems to which the relevant statutory provisions relating to equipment and protective systems intended for use in potentially explosive atmospheres do not apply if their incorporation into an installation can in itself give rise to an ignition hazard.
Training, instructions, permits to work.
173.
173. An employer shall—
- (a) provide persons at work in workplaces where explosive atmospheres may occur with sufficient and appropriate training with regard to explosion protection, and
- (b) ensure that, where required by the explosion protection document—
- (i) work in hazardous places is carried out in accordance with written instructions issued by the employer,
- (ii) a system of permits to work is applied for carrying out both hazardous activities and activities which may interact with other work to cause hazards and
- (iii) permits to work are issued by a competent person responsible for this function, before the activity concerned commences.
Protection of employees from explosion.
174.
174. An employer shall—
- (a) provide work clothing which does not give rise to electrostatic discharges for use in places classified as hazardous pursuant to Regulation 170(1)(b) to any employee who is obliged to carry out work or duties in such places and is appropriate for the carrying out of such work or duties in such places;
- (b) where necessary, ensure that persons at work are given optical or acoustic warnings or both, and are withdrawn before the explosion conditions are reached; and
- (c) where required by the explosion protection document, provide and maintain escape facilities to ensure that, in the event of danger, persons at work can leave endangered places promptly and safely.
Coordination at workplaces.
175.
175. Without prejudice to section 21 of the Act—
- (a) where employees are present in or at the same workplace to which this Part refers and they are employed by different employers, each employer shall ensure the safety of the employer's employees and for that purpose shall ensure that the matters that arise under the employer's control comply with this Part, and
- (b) where 2 or more employers share the same workplace in which an explosive atmosphere may occur, the employer responsible for the workplace shall co-ordinate the implementation of all the measures required by this Part to be taken to protect employees from any risk from the explosive atmosphere.
Schedule 1 Requirements for Work Equipment
Part A — Exemption from certain provisions of Regulation 46
| Class or description of hoist or hoistway | Requirements of Regulation 46 which do not apply | Condition |
| 1. Pavement hoist for goods. Hoistways of pavement hoists, that is to say, hoists in the case of which the provision of a permanent enclosure at the top landing would obstruct a street or public place or yard or other open space where persons are required or liable to pass. | Paragraph (2)(a) in so far as it requires the hoistway to be protected by an enclosure and gate at or above the top landing. Paragraph (2)(b) in the case of the top landing. | The hoistway shall be securely covered and fastened at the top landing except when access is required for goods or materials. Measures shall be taken to minimise the risk of persons falling down the hoistway whilst the top landing is open. |
| 2. Hoists used solely for lifting material directly into a machine. | Paragraph (2)(a) and (b). | Measures shall be taken to prevent hazards from falling objects or contact with moving parts. |
| 3. Hoists used for raising or lowering or tipping- standard gauge or broader gauge railway rolling stock. | Paragraph (2)(a), (b) and (h)(ii). | So far as is reasonably practicable, means shall be provided at such entrances to the enclosure to prevent any person from falling down the hoistway or being struck by any moving part of the hoist. |
| 4. Drop-pit hoists used for raising or lowering wheels or bogies detached from standard-gauge or broader gauge railway rolling stock. | Paragraph (2)(a), (b) and (h)(ii) and (iii). | |
| 5. Hoistways of hoists into or from which goods or materials are loaded or unloaded automatically and to the carrier to which there is no access for persons. | Paragraph (2)(a) in so far as it requires the fitting of gates at the openings in the enclosure where goods or materials are loaded or unloaded. | So far as is reasonably practicable, means shall be provided at such openings to the hoistway to prevent any person from falling down the hoistway or being struck by any moving part of the hoist. |
| 6. Any hoist or lift used to raise a motor vehicle. | Paragraphs (2)(a), (b) and (c). | |
| 7. Hoists and lifts, used as working platforms, not of a movable type, which do not pass through any floor and which are used in the butchering of animals | Paragraphs (2)(a), (b) and (h)(iii). |
Part B — Period of thorough examination of lifting equipment, lifting accessory equipment or other miscellaneous equipment
| Column 1 | Column 2 |
| Description of lifting equipment or lifting accessory or other miscellaneous equipment | Period within which a thorough examination must occur |
| Hoist or Lift | 6 months |
| Tailboard goods lift | 12 months |
| Suspended access equipment | 6 months |
| Mast climbing work platform | 6 months |
| Lifting accessories including chains, ropes, rings, hooks, shackles, clamps, swivels, spreader beams and spreader frames, vacuum lifting devices | 6 months |
| Items provided for support of lifting equipment | 12 months |
| Mobile elevating work platform | 6 months |
| Crane | 12 months |
| Tower crane climbing rig | 6 months |
| Crane used in dock work, shipbuilding, ship-repairing | 12 months |
| Fork lift truck including interchangeable accessories | 12 months (6 if used to lift persons) |
| Telehandler including interchangeable accessories | 12 months (6 if used to lift persons) |
| Vehicle lifting table | 12 months |
| Hoisting equipment on fishing vessels | 12 months |
| Winches used for lifting loads | 12 months |
| Other lifting machines (materials only) unless specified in Part D of this Schedule | 12 months |
| Other lifting machines (personnel) unless specified in Part D of this Schedule | 6 months |
| Equipment located in premises used primarily for generating, transforming switching or otherwise regulating electrical energy. | In compliance with a scheme of inspection and testing drawn up by a competent person |
| Patient hoist | 6 months |
Part C — Circumstances requiring testing of lifting equipment as part of a thorough examination
| Column 1 | Column 2 |
| Description of Equipment | Period within which or conditions under which testing is required |
| All lifting equipment | After any substantial alteration or repair affecting its strength or stability |
| Fixed lifting equipment | Before first use |
| Tower crane | After each assembly and every 4 years |
| Mobile crane | Every 4 years |
| Winch | Every 4 years |
| Self erecting crane | After erection and before first use on site and after any change in configuration or support conditions |
| Pulley block, gin wheel, sheer legs used with loads weighing 1,000 kg or more | Before first use in a new position |
Part D — Equipment that has a lifting function, is subject to Regulation 30 and is not subject to Regulation 52
- (a) Bottle jack
- (b) Pallet truck
- (c) Tractor hitch
- (d) Height adjusting components of machine tools
- (e) Fixed machinery for raising/lowering pallets
- (f) Vehicle wheelchair hoist
- (g) Lifting equipment designed to lift wheelie bins of volume less than 360 litres
- (h) Escalators and conveyors
- (i) Platform lifts for level changes of 1.2 m or less
Part E — Information to be contained in report of thorough examination
The name and address of the employer or owner for whom the thorough examination was made.
2 The address of the premises at which the thorough examination was made.
Particulars sufficient to identify the lifting equipment including, where known, its date of manufacture.
Date of this examination and date of the last thorough examination if known.
The safe working load of the lifting equipment or, where its safe working load depends on the configuration of the lifting equipment, its safe working load for the different configurations that have been determined.
The purpose of the examination including examination before putting into use for the first time, examination after installation or after assembly at a new site or in a new location, examination after repairs or alterations and periodic examination.
In relation to every thorough examination of lifting equipment—
- (a) identification of any part found to have a defect which is or could become a danger to persons and a description of the defect;
- (b) particulars of any repair, renewal or alteration required to remedy a defect found to be a danger to persons;
- (c) in the case of a defect which is not yet but could become a danger to persons—
- (i) the time by which it could become such danger;
- (ii) particulars of any repair, renewal or alteration required to modify it;
- (d) the latest date by which the next thorough examination must be carried out;
- (e) where the thorough examination included testing, particulars of any test;
- (f) identification of parts not accessible for examination.
The name, address and qualifications of the individual making the report and, where appropriate, the name and address of the individual's employer.
Where appropriate, the name and position of a person signing or authenticating the report on behalf of its author.
Schedule 2 Personal Protective Equipment
Part A — Guide list of activities and sectors of activity which may require provision of personal protective equipment
Head Protection (Skull Protection)
Protection helmets
Building work, particularly work on, underneath or in the vicinity of scaffolding and elevated places of work, erection and stripping of formwork, assembly and installation work, work on scaffolding and demolition work.
Work on steel bridges, steel building construction, masts, towers, steel hydraulic structures, blast furnaces, steel works and rolling mills, large containers, large pipelines, boiler plants and power stations.
Work in pits, trenches, shafts and tunnels.
Earth and rock works.
Work in underground workings, quarries, open diggings, coal stock removal.
Work with bolt-driving tools.
Blasting work.
Work in the vicinity of lifts, lifting gear, cranes and conveyors.
Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging and casting.
Work with industrial furnaces, containers, machinery, silos, bunkers and pipelines.
Shipbuilding work.
Railway shunting work.
Work in slaughterhouses.
Foot Protection
Safety shoes with puncture-proof soles
Carcase work, foundation work and roadworks.
Carcase demolition work.
Scaffolding work.
Work with concrete and prefabricated parts involving formwork erection and stripping.
Work in contractors' yards and warehouses.
Roof work.
Safety shoes without pierce-proof soles
Work on steel bridges, steel building construction, masts, towers, lifts, steel hydraulic structures, blast furnaces, steelworks and rolling mills, large containers, large pipelines, cranes, boiler plants and power stations.
Furnace construction, heating and ventilation installation and metal assembly work.
Conversion and maintenance work.
Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging, hot pressing and drawing plants.
Work in quarries and open diggings, coal stock removal.
Working and processing of rock.
Working and processing in relation to flat glass products and container glassware manufacture.
Work with moulds in the ceramics industry.
Lining of kilns in the ceramics industry.
Moulding work in the ceramic ware and building materials industry.
Transport and storage work.
Work with frozen meat blocks and preserved foods packaging.
Shipbuilding work.
Railway shunting work.
Safety shoes with heels or wedges and pierce-proof soles
Roof work.
Protective shoes with insulated soles
Work with and on very hot or very cold materials.
Safety shoes which can easily be removed
Any work where there is a risk of penetration by molten substances.
Safety shoes fitted with toecaps
Any work where there is a risk of impact on or crushing of the foot caused by falling or projecting objects or collision of the foot with an obstacle.
Eye or Face Protection
Protection goggles, face shields or screens
Welding, grinding and separating work.
Caulking and chiselling work.
Rock working and processing work.
Work with bolt-driving tools.
Work on stock removing machines for small chippings.
Drop forging.
The removal and breaking up of fragments.
Spraying of abrasive substances.
Work with acids and caustic solutions, disinfectants and corrosive products.
Work with liquid sprays.
Work with and in the vicinity of molten substances.
Work with radiant heat.
Work with lasers.
Respiratory Protection
Respirators/breathing apparatus
Work in containers, restricted areas and gas-fired industrial furnaces where there may be gas or insufficient oxygen.
Work in the vicinity of the blast furnace charge.
Work in the vicinity of gas converters and blast furnace gas pipes.
Work in the vicinity of blast furnace taps where there may be heavy metal fumes.
Work on the lining of furnaces and ladles where there may be dust.
Spray painting where dedusting is inadequate.
Work in shafts, sewers and other underground areas connected with sewage.
Work in refrigeration plants where there is a danger that the refrigerant may escape.
Work in processes where harmful dust or fumes are likely to be present.
Hearing Protection
Ear protectors
Work with metal presses.
Work with pneumatic drills.
Work with turbines.
The work of ground staff at airports.
Pile-driving work.
Wood and textile working.
Body, Arm and Hand Protection
Protective clothing
Work with acids and caustic solutions, disinfectants and corrosive cleaning substances.
Work with or in the vicinity of hot materials and where the effects of heat are felt.
Work on flat glass products.
Shot blasting.
Work in deep-freeze rooms.
Fire-resistant protective clothing
Welding in restricted areas.
Pierce-proof aprons
Boning and cutting work.
Work with hand knives involving drawing the knife towards the body.
Leather aprons
Welding.
Forging.
Casting.
Gloves
Welding.
Handling of sharp-edged objects, other than machines where there is a danger of the glove being caught.
Unprotected work with acids and caustic solutions.
Metal mesh gloves
Boning and cutting.
Regular cutting using a hand knife for production and slaughtering.
Changing the knives of cutting machines.
Weatherproof Clothing
Work in the open air in rain and cold weather.
Waterproof clothing.
Work in wet processes.
Reflective Clothing
Work where the employees must be clearly visible.
Safety Harness
Work on scaffolding.
Assembly of prefabricated parts.
Work on masts.
Safety Ropes
Work in high crane cabs.
Work in high cabs of warehouse stacking and retrieval equipment.
Work in high section of drilling towers.
Work in shafts and sewers.
Skin Protection
Processing of coating materials.
Tanning.
Part B — Guide list of items of personal protective equipment
Head Protection
Protective helmets for use in industry, including mines, building sites, other industrial uses.
Scalp protection (caps, bonnets, hairnets with or without eye shade).
Protective headgear (bonnets, caps, sou’westers, etc. in fabric with proofing, etc.).
Hearing Protection
Earplugs and similar devices.
Full acoustic helmets.
Earmuffs which can be fitted to industrial helmets.
Ear defenders with receiver for Low Frequency (LF) induction loop.
Ear protection with intercom equipment.
Eye and Face Protection
Spectacles.
Goggles.
X-ray goggles, laser-beam goggles, ultra-violet, infra-red, visible radiation goggles.
Face shields.
Arc-welding masks and helmets (hand masks, headband masks, headband masks or masks which can be fitted to protective helmets).
Respiratory Protection
Dust filters, gas filters and radioactive dust filters.
Insulating appliances with an air supply.
Respiratory devices including a removable welding mask.
Diving equipment.
Diving suits.
Hand and Arm Protection
Gloves to provide protection:
from machinery (piercing, cuts, vibrations, etc.).
from chemicals.
for electricians and from heat.
Mittens.
Finger stalls.
Oversleeves.
Wrist protection for heavy work.
Fingerless gloves.
Protective gloves.
Foot and Leg Protection
Low shoes, ankle boots, calf-length boots, safety boots.
Shoes which can be unlaced or unhooked rapidly.
Heat-resistant shoes, boots and overboots.
Thermal shoes, boots and overboots.
Vibration-resistant shoes, boots and overboots.
Anti-static shoes, boots and overboots.
Insulating shoes, boots and overboots.
Protective boots for chain saw operators.
Clogs.
Kneepads.
Removable instep protectors.
Gaiters.
Removable soles (heat-proof, pierce-proof or sweat-proof).
Removable spikes for ice, snow or slippery flooring.
Skin Protection
Barrier creams/ointments.
Trunk and Abdomen Protection
Protective waistcoats, jackets and aprons to provide protection from machinery, piercing, cutting, molten metal splashes, etc.
Protective waistcoats, jackets and aprons to provide protection from chemicals.
Headed waistcoats.
Life jackets.
Protective X-ray aprons.
Body belts.
Whole Body Protection
Equipment designed to prevent falls
Fall-prevention equipment (full equipment with all necessary accessories).
Braking equipment to absorb kinetic energy (full equipment with all necessary accessories).
Body-holding devices (safety harness).
Protective clothing
“Safety” working clothing (two-piece and overalls).
Clothing to provide protection from machinery, piercing, cutting etc.
Clothing to provide protection from chemicals.
Clothing to provide protection from molten metal splashes and infra-red radiation.
Heat resistant clothing.
Thermal clothing.
Clothing to provide protection from radioactive contamination.
Dust-proof clothing.
Gas-proof clothing.
Fluorescent signalling, retro-reflecting clothing and accessories (armbands, gloves, etc.).
Protective coverings.
Schedule 3 Risk Factors for Manual Handling of Loads
Characteristics of the load
The manual handling of a load may present a risk particularly of back injury if it is:
too heavy or too large,
unwieldy or difficult to grasp,
unstable or has contents likely to shift,
positioned in a manner requiring it to be held or manipulated at a distance from the trunk, or with a bending or twisting of the trunk, or
likely, because of its contours or consistency (or both), to result in injury to employees, particularly in the event of a collision.
Physical effort required
A physical effort may present a risk particularly of back injury if it is:
too strenuous,
only achieved by a twisting movement of the trunk,
likely to result in a sudden movement of the load, or
made with the body in an unstable posture.
Characteristics of the working environment
The characteristics of the working environment may increase a risk particularly of back injury if:
there is not enough room, in particular vertically, to carry out the activity,
the floor is uneven, thus presenting tripping hazards, or is slippery in relation to the employee's footwear,
the place of work or the working environment prevents the handling of loads at a safe height or with good posture by the employee,
there are variations in the level of the floor or the working surface, requiring the load to be manipulated on different levels,
the floor or foot rest is unstable, or
the temperature, humidity or ventilation is unsuitable.
Requirements of the activity
The activity may present a risk particularly of back injury if it entails one or more of the following requirements:
over-frequent or over prolonged physical effort involving in particular the spine,
an insufficient bodily rest or recovery period,
excessive lifting, lowering or carrying distances, or
a rate of work imposed by a process which cannot be altered by the employee.
Individual Risk Factors
The employee may be at risk if he or she:
is physically unsuited to carry out the task in question,
is wearing unsuitable clothing, footwear or other personal effects, or
does not have adequate or appropriate knowledge or training.
Schedule 4 Minimum Requirements for all Display Screen Equipment
Equipment
- (a) Display screen
- (i) The characters on the screen shall be well defined and clearly formed, of adequate size and with adequate spacing between the characters and lines.
- (ii) The image on the screen shall be stable, with no flickering or other forms of instability.
- (iii) The brightness or the contrast (or both) between the characters and the background shall be easily adjustable by the employee and easily adjustable to ambient conditions.
- (iv) The screen shall be free of reflective glare and reflections liable to cause discomfort to a user.
- (v) The screen shall be able to swivel and tilt easily and freely to suit the needs of the user.
- (vi) It shall be possible to use either a separate base for the screen or an adjustable table.
- (b) Keyboard
- (i) The keyboard shall have a matt surface to avoid reflective glare.
- (ii) The arrangement of the keyboard and the characteristics of the keys shall be such as to facilitate the use of the keyboard.
- (iii) The symbols on the keys shall be adequately contrasted and legible from the design working position.
- (iv) The keyboard shall be tiltable and separate from the screen so as to allow the user to find a comfortable working position which avoids fatigue in the arms or hands.
- (v) The space in front of the keyboard shall be sufficient to provide support for the hands and arms of the user.
- (c) Work desk or work surface
- (i) The work desk or work surface shall have a sufficiently large, low-reflectance surface and allow a flexible arrangement of the screen, keyboard, documents and related equipment.
- (ii) The document holder shall be stable and adjustable and shall be positioned so as to minimise the need for uncomfortable head and eye movement.
- (iii) There shall be adequate space for users to find a comfortable position.
- (d) Work chair
- (i) The work chair shall be stable and allow the user easy freedom of movement and a comfortable position.
- (ii) The seat shall be adjustable in height.
- (iii) The seat back shall be adjustable in both height and tilt.
- (iv) A footrest shall be made available to any user who requires one.
Environment
- (a) Space Requirements
The workstation shall be dimensioned and designed so as to provide sufficient space for the user to change position and vary movements.
- (b) Lighting
- (i) Lighting (including room lighting, spot lighting or work lamps) shall ensure satisfactory lighting conditions and an appropriate contrast between the screen and the background environment, taking into account the type of work and the user's vision requirements.
- (ii) Possible disturbing glare and reflections on the screen or other equipment shall be prevented by co-ordinating the layout of workstations within the place of work with the positioning and technical characteristics of the artificial light sources.
- (c) Reflections and glare
- (i) Workstations shall be so designed that sources of light, such as windows and other openings, transparent or translucent walls and brightly coloured fixtures or walls cause no direct glare and, as far as possible, no distracting reflections on the screen.
- (ii) Windows shall be fitted with a suitable system of adjustable covering to attenuate the daylight which falls on the workstation.
- (d) Radiation
All radiation, with the exception of the visible part of the electromagnetic spectrum, shall be reduced to negligible levels from the point of view of the protection of employees’ safety and health.
- (e) Noise
Noise emitted by equipment belonging to a workstation shall be taken into account when a workstation is being equipped, in particular so as not to distract attention or disturb speech.
- (f) Heat
Equipment belonging to a workstation shall not produce excess heat which could cause discomfort to employees.
- (g) Humidity
An adequate level of humidity shall be established and maintained.
Employee/Computer Interface
In designing, selecting, commissioning and modifying software, and in designing tasks using display screen equipment, the employer shall take into account the following principles:
- (i) software shall be suitable for the task,
- (ii) software shall be easy to use and, where appropriate, adaptable to the employee's level of knowledge or experience; no quantitative or qualitative checking facility may be used without the knowledge of the employees,
- (iii) systems shall provide feedback to employees on their performance,
- (iv) systems shall display information in a format and at a pace which are adapted to employees, and
- (v) the principles of software ergonomics shall be applied, in particular to human data processing.
Schedule 5 Particulars to Be Included in a Report of Inspection
1 The name and address of the person for whom the inspection was carried out.
2 The location of the work equipment inspected.
3 A description of the work equipment inspected.
4 The date and time of the inspection.
5 Details of any matter identified that could give rise to a risk to the safety or health of any employee.
6 Details of any action taken as a result of any matter identified in paragraph 5.
7 Details of any further action considered necessary.
8 The name and position of the person making the report.
Schedule 6 Hand-Arm Vibration and Whole-Body Vibration
Part A — Hand-arm vibration
Assessment of exposure
- (a) The assessment of the level of exposure to hand-arm vibration is based on the calculation of the daily exposure value normalised to an eight-hour reference period A(8), expressed as the square root of the sum of the squares (rms) (total value) of the frequency-weighted acceleration values determined on orthogonal axes ahwx, ahwy, ahwz as defined in Chapters 4 and 5 and Annex A to ISO (International Organization for Standardization) Standard 5349-1 (2001).
- (b) The assessment of the level of exposure may be carried out on the basis of an estimate based on information provided by the manufacturers concerning the level of emission from the work equipment used and based on the observation of specific work practices or on measurement.
Measurement
When measurement is employed in accordance with Regulation 136—
- (a) the methods used may include sampling, which must be representative of the personal exposure of an employee to the mechanical vibration in question, with the methods and apparatus used adapted to the particular characteristics of the mechanical vibration to be measured, to ambient factors and to the characteristics of the measuring apparatus in accordance with ISO Standard 5349-2(2001), and
- (b) in the case of devices which need to be held with both hands—
- (i) measurement shall be made on each hand,
- (ii) the exposure shall be determined by reference to the higher value of the 2, and
- (iii) information for the other hand shall also be given.
Interference
Regulation 136 applies, in particular, where the mechanical vibration interferes with the proper handling of controls or reading of indicators.
Indirect risks
Regulation 136 applies, in particular, when the mechanical vibration interferes with the stability of structures or the security of joints.
Individual protectors
Personal protective equipment against hand-arm vibration may contribute to the programme of measures referred to in Regulation 138.
Part B — Whole-body vibration
Assessment of exposure
- (a) The assessment of the level of exposure to mechanical vibration is based on the calculation of the daily exposure A(8) expressed as equivalent continuous acceleration over an eight-hour period, calculated as the highest (rms) value, determined on three orthogonal axes (1,4awx,1, 4awy, awz for a seated or standing employee), in accordance with Chapters 5, 6 and 7, Annex A and Annex B to ISO Standard 2631-1(1997).
- (b) The assessment of the level of exposure may be carried out on the basis of an estimate based on information provided by the manufacturers concerning the level of emission from the work equipment used and based on observation of specific work practices or on measurement.
- (c) In the case of maritime shipping, only vibrations exceeding a frequency of 1 Hz need to be considered.
Measurement
When measurement is carried out under Regulation 136, the methods used may include sampling which must be representative of the personal exposure of an employee to the mechanical vibration in question with the methods and apparatus used adapted to the particular characteristics of the mechanical vibration to be measured, to ambient factors and to the characteristics of the measuring apparatus in accordance with ISO Standard 2631-1(1997).
Interference
Regulation 136 applies, in particular, where the mechanical vibration interferes with the proper handling of controls or reading of indicators.
Indirect risks
Regulation 136 applies, in particular, when the mechanical vibration interferes with the stability of structures or the security of joints.
Extension of exposure
Regulation 136 applies where, owing to the nature of the activity, an employee benefits from the use of rest facilities supervised by the employer, on condition that exposure to whole-body vibration in those facilities is reduced to a level compatible with their purpose and conditions of use, except in cases of “force majeure”.
Schedule 7 Protection of Children and Young Persons
Part A — Guide list of agents, processes and work
Agents
Physical AGENTS
- (a) Ionising radiation;
- (b) Work in a high-pressure atmosphere such as in pressurised containers or diving.
Biological agents
Biological agents of risk groups 3 and 4 within the meaning of Regulation 2(1) of the Safety, Health and Welfare at Work (Biological Agents) Regulations 1994 ( S.I. No. 146 of 1994 ) as amended by the Safety, Health and Welfare at Work (Biological Agents)(Amendment) Regulations 1998 ( S.I. No. 248 of 1998 );
Chemical agents
- (a) Substances and preparations classified under the—
- (i) European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 ( S.I. No. 116 of 2003 ) as amended by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006 ( S.I. No. 25 of 2006 ), and
- (ii) European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 ( S.I. No. 62 of 2004 ) as amended by the European Communities (Classification, Packaging and Labelling of Dangerous Preparations (Amendment) Regulations 2007 ( S.I. No. 76 of 2007 )
(referred to elsewhere in this Schedule as the “CPL Regulations”) as toxic (T), very toxic (T+), corrosive (C) or explosive (E) and with one or more of the following risk phrases:
Risk of explosion by shock, friction, fire or other sources of ignition (R2)
Extreme risk of explosion by shock, friction, fire or other sources of ignition (R3)
Toxic by inhalation (R23)
Toxic in contact with skin (R24)
Toxic if swallowed (R25)
Very toxic by inhalation (R26)
Very toxic in contact with skin (R27)
Very toxic if swallowed (R28)
Causes burns (R34)
Causes severe burns (R35)
Danger of very serious irreversible effects (R39)
Danger of serious damage to health by prolonged exposure (R48);
- (b) Substances and preparations classified under the CPL Regulations as carcinogenic, mutagenic or toxic to reproduction and with one or more of the following risk phrases:
Limited evidence of a carcinogenic effect (R40)
May cause cancer (R45)
May cause heritable genetic damage (R46)
May cause cancer by inhalation (R49)
May impair fertility (R60)
May cause harm to the unborn child (R61)
Possible risk of impaired fertility (R62)
Possible risk of harm to the unborn child (R63)
Possible risk of irreversible effects (R68);
- (c) Substances and preparations classified under the CPL Regulations as harmful (Xn) and with one or more of the following risk phrases:
Danger of very serious irreversible effects (R39)
Danger of serious damage to health by prolonged exposure (R48);
- (d) Substances and preparations classified under the CPL Regulations as irritant (Xi) and with one or more of the following risk phrases:
May cause sensitisation by inhalation (R42)
May cause sensitisation by skin contact (R43);
- (e) Substances and preparations referred to in the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 ( S.I. No. 78 of 2001 );
- (f) Lead and compounds thereof, in as much as the agents in question are absorbable by the human organism;
- (g) Asbestos.
Part B — Processes and work
Processes at work referred to in the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 ( S.I. No. 78 of 2001 ).
Manufacture and handling of devices, fireworks or other objects containing explosives.
Work with dangerous, fierce or poisonous animals.
Animal slaughtering on an industrial scale.
Work involving the handling of equipment for the production, storage or application of compressed, liquefied or dissolved gases.
Work with vats, tanks, reservoirs or carboys containing chemical agents referred to in item 3 of Part A of this Schedule.
Work involving a risk of structural collapse.
Work involving high-voltage electrical hazards.
Work the pace of which is determined by machinery and involving payment by results.
Schedule 8 Lists of Agents, Processes and Working Conditions Relating to Pregnant, Post Natal and Breastfeeding Employees
Part A — Pregnant, post natal and breastfeeding employees
Agents
- (a) Physical agents
Physical agents where these are regarded as agents causing foetal lesions or likely to disturb placental attachment (or both), and in particular—
- (i) shocks, vibration or movement,
- (ii) handling of loads entailing risks, particularly of a dorsolumbar nature,
- (iii) noise,
- (iv) ionising radiation,
- (v) non-ionising radiation,
- (vi) extremes of cold or heat,
- (vii) movements and postures, travelling, either inside or outside the place of work, mental or physical fatigue and other physical burdens connected with the activity of the employee.
- (b) Biological Agents
Biological agents of risk groups 2, 3 and 4 within the meaning of relevant statutory provisions relating to biological agents, in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant employees and the unborn child but excluding those referred to in Part B of this Schedule.
- (c) Chemical Agents
The following chemical agents insofar as it is known that they endanger the health of pregnant employees and the unborn child but excluding those referred to in Part B of this Schedule—
- (i) Substances and preparations classified under the
- (I) European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2003 ( S.I. No. 116 of 2003 ) as amended by the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006 ( S.I. No. 25 of 2006 ), and
- (II) European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 ( S.I. No. 62 of 2004 ) as amended by the European Communities (Classification, Packaging and Labelling of Dangerous Preparations (Amendment) Regulations 2007 ( S.I. No. 76 of 2007 )
with one or more of the following risk phrases—
Limited evidence of a carcinogenic effect (R40)
May cause cancer (R45)
May cause heritable genetic damage (R46)
May cause cancer by inhalation (R49)
May cause harm to the unborn child (R61)
Possible risk of harm to the unborn child (R63)
May cause harm to breastfed babies (R64)
Possible risk of irreversible effects (R68),
- (ii) Substances and preparations referred to in Schedule 1 to the Safety, Health and Welfare at Work (Carcinogens) Regulations 2001 ( S.I. No. 78 of 2001 ),
- (iii) Substances and preparations released by a process referred to in Schedule 1 to the Safety Health and Welfare at Work (Carcinogens) Regulations 2001 ( S.I. No. 78 of 2001 ),
- (iv) mercury and mercury derivatives,
- (v) antimitotic (cytotoxic) drugs,
- (vi) carbon monoxide,
- (vii) chemical agents of known and dangerous percutaneous absorption.
Processes
Industrial processes listed in Schedule 1 to the Safety, Health and Welfare at Work (Carcinogens Regulations 2001 ( S.I. No. 78 of 2001 ).
3 Working Conditions
Underground mining work.
Part B — Pregnant employees
Agents
- (a) Physical Agents
Work in hyperbaric atmosphere, such as in pressurised enclosures and underwater diving.
- (b) Biological Agents
The following biological agents—
Toxoplasma
Rubella virus,
unless the pregnant employees are proved to be adequately protected against such agents by immunisation.
- (c) Chemical Agents
Lead and lead derivatives insofar as these agents are capable of being absorbed by the human organism.
Working Conditions
Underground mining work.
Part C — Employees who are breastfeeding
Agents
Chemical Agents
Lead and lead derivatives insofar as these agents are capable of being absorbed by the human organism.
Working Conditions
Underground mining work.
Schedule 9 Safety and Health Signs at Work
Part A — General requirements
1.Types of signs
1.1. Permanent signs
1.1.1. Permanent signboards shall be used for signs relating to prohibitions, warnings and mandatory requirements and the location and identification of emergency escape routes and first-aid facilities.
Signboards or a safety colour (or both) shall be used to mark permanently the location and identification of fire-fighting equipment.
1.1.2. Signboards on containers and pipes shall be placed as laid down in Part C of this Schedule.
1.1.3. Places where there is a risk of colliding with obstacles or of falling shall be permanently marked with a safety colour or with signboards (or both).
1.1.4. Traffic routes shall be permanently marked with a safety colour.
1.2. Occasional signs
1.2.1. Illuminated signs, acoustic signals or verbal communication (or both) shall be used where the occasion requires, taking into account the possibilities for interchanging and combining signs set out in Paragraph 2, to signal danger, to call persons to take a specific course of action and for the emergency evacuation of persons.
1.2.2. Hand signals or verbal communication (or both) shall be used where the occasion requires, to guide persons carrying out hazardous or dangerous manoeuvres.
2.Interchanging and combining signs
2.1. Any one of the following may be used if equally effective—
- a safety colour or a signboard to mark places where there is an obstacle or a drop,
- illuminated signs, acoustic signals or verbal communication,
- hand signals or verbal communication.
2.2. Some types of signs may be used together—
- illuminated signs and acoustic signals,
- illuminated signs and verbal communication,
- hand signals and verbal communication.
3.The instructions in the table below apply to all signs incorporating a safety colour—
| Colour | Meaning or Purpose | Instructions and Information | ||
| Red | Prohibition sign | Dangerous behaviour | ||
| Red | Danger alarm | Stop, shutdown, emergency cut-out devices Evacuate | ||
| Red | Fire-fighting equipment | Identification and location | ||
| Yellow or Amber | Warning sign | Be careful, take precautions Examine | ||
| Blue | Mandatory sign | Specific behaviour or action Wear personal protective equipment | ||
| Green | Emergency escape, first aid sign | Doors, exits, routes, equipment, facilities | ||
| Green | No danger | Return to normal |
4.The effectiveness of a sign shall not be adversely affected by:
4.1. the presence of another emission source of the same type which interferes with visibility or audibility; therefore, in particular—
4.1.1. the placing of too many signs too close together shall be avoided,
4.1.2. two illuminated signs which are likely to be confused shall not to be used at the same time,
4.1.3. an illuminated sign shall not be used in the proximity of another similar illuminated source,
4.1.4. two acoustic signals shall not be used at the same time,
4.1.5. an acoustic signal shall not be used if there is too much ambient noise.
4.2. poor design, insufficient number, incorrect positioning, poor state of repair or incorrect functioning of the signs or signalling devices.
5.Depending on requirements, signs and signalling devices shall be cleaned, maintained, checked repaired, and if necessary replaced on a regular basis to ensure that they retain their intrinsic or functional qualities (or both).
The number and positioning of signs or signalling devices to be installed will depend on the extent of the hazards or dangers or on the zone to be covered.
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