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State In force superseded text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
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
7.

Signs requiring some form of power shall be provided with a guaranteed emergency supply in the event of a power cut, unless the hazard has thereby been eliminated.

8.

The triggering of an illuminated sign or acoustic signal (or both) indicates when the required action should start and the sign or signal shall be activated for as long as the action requires.

Illuminated signs and acoustic signals shall be reactivated immediately after use.

9.

Illuminated signs and acoustic signals shall be checked to ensure that they function correctly and that they are effective before they are put into service and subsequently at sufficiently frequent intervals.

10.

If the hearing or the sight of the persons concerned is impaired, including impairment caused by the wearing of personal protective equipment, measures shall be taken to supplement or replace the signs concerned.

11.

Areas, rooms or enclosures used for storage of significant quantities of dangerous substances or preparations shall be indicated by a suitable warning sign taken from paragraph 3.2 of Part B, or marked as provided in paragraph 1 of Part C of this Schedule, unless the labelling of the individual packages or containers is adequate for this purpose.

Part B — Signboards

1.

Intrinsic features

1.1. The shape and colours are set out in paragraph 3, in accordance with their specific object (signboards indicating a prohibition, a warning, a mandatory action, an escape route, an emergency or fire-fighting equipment).

1.2. Pictograms shall be as simple as possible and shall contain only essential details.

1.3. The pictograms used may be slightly different from or more detailed than those shown in paragraph 3, provided that they convey the same meaning and that no difference or adaptation obscures the meaning.

1.4. Signboards shall be made of shock and weather-resistant material suitable for the surrounding environment.

1.5. The dimensions and colorimetric and photometric features of signboards shall be such that they can be easily seen and understood.

2.

Conditions of use

2.1. Signboards shall be installed at a suitable height and in a position appropriate to the line of sight, taking account of any obstacles, either at the access point to an area in the case of a general hazard, or in the immediate vicinity of a specific hazard or object, and in a well-lit and easily accessible and visible location.

Without prejudice to the provisions of Part 2, Chapter 1, phosphorescent colours, reflective materials or artificial lighting shall be used where the level of natural light is poor.

2.2. The signboard shall be removed when the situation to which it refers ceases to exist.

3.

Signboards to be used

3.1. Prohibitory signs—

Intrinsic features:

Round shape;

Black pictogram on white background, red edging and diagonal line (the red part to take up at least 35% of the area of the sign);

The script underneath each of the following pictograms is included here to show the meaning of the sign but is not to be included in the signboard.

That script or any other relevant script may be shown on a supplementary signboard.

Signs to be used

3.2. Warning signs—

Intrinsic features:

Triangular shape;

Black pictogram on a yellow background with black edging (the yellow part to take up at least 50% of the area of the sign);

The script underneath each of the following pictograms is included here to show the meaning of the sign but is not to be included in the signboard.

That script or any other relevant script may be shown on a supplementary signboard.

Signs to be used

Note—“Flammable material or high temperature” sign in the absence of a specific sign for high temperature

Note: The background to the “Harmful or irritant material” sign may exceptionally be amber if justified in order to differentiate it from a similar road safety sign except that it, or other relevant script, may be shown on a supplementary sign.

3.3. Mandatory signs

Intrinsic features:

Round shape;

White pictogram on a blue background (the blue part to take up at least 50% of the area of the sign);

The script underneath each of the following pictograms is included here to show the meaning of the sign but is not to be included in the signboard.

That script or any other relevant script may be shown on a supplementary signboard.

Signs to be used

3.4. Emergency escape or first-aid signs

Intrinsic features:

Rectangular or square shape;

White pictogram on a green background (the green part to take up at least 50% of the area of the sign.);

The script underneath each of the following pictograms is included here to show the meaning of the sign but is not to be included in the signboard.

That script or any other relevant script may be shown on a supplementary signboard.

Signs to be used

3.5. Fire-fighting signs

Intrinsic features:

Rectangular or square shape;

White pictogram on a red background (the red part to take up at least 50% of the area of the sign);

The script underneath each of the following pictograms is included here to show the meaning of the sign but is not to be included in the signboard.

That script or any other relevant script may be shown on a supplementary signboard.

Signs to be used

Part C — Signs on containers and pipes

1.

Containers used at work for dangerous substances or preparations to which the relevant statutory provisions apply and containers used for the storage of such dangerous substances or preparations together with the visible pipes containing or transporting dangerous substances and preparations shall be labelled (pictogram or symbol against a coloured background) in accordance with those provisions.

This paragraph does not apply to containers used at work for brief periods nor to containers whose contents change frequently, provided that alternative adequate measures are taken, for information training, or both, which guarantee the same level of protection.

The labels referred to in this paragraph may be—

  • (a) replaced by warning signs as provided for in Part B of this Schedule, using the same pictograms or symbols,
  • (b) supplemented by additional information, such as the name, formula, or both, of the dangerous substance or preparation and details of the hazard, and
  • (c) for the transporting of containers at the place of work, supplemented or replaced by signs applicable throughout the European Union for the transport of dangerous substances or preparations.
2.

Signs shall be mounted as follows—

  • (a) on visible sides, and
  • (b) in unpliable, self-adhesive or painted form.
3.

Where appropriate, the signs referred to in paragraph 1 of this Part shall have the intrinsic features defined in paragraph 1.4. of Part B and shall fulfil the conditions of use for signboards laid down in paragraph 2 of Part B.

4.

Without prejudice to paragraphs 1, 2 and 3, the labels used on pipes shall be positioned visibly in the vicinity of the most dangerous points, such as valves and joints, and at reasonable intervals.

5.

Areas, rooms or enclosures used for the storage of significant quantities of dangerous substances or preparations shall be indicated by a suitable warning sign taken from paragraph 3.2 of Part B, or marked as provided in paragraph 1 of this Part, unless the labelling of the individual packages or containers is adequate for this purpose, taking into account paragraph 1.5 of Part B, with regard to dimensions.

Stores of a number of dangerous substances or preparations may be indicated by the warning sign for general danger.

The signs or labels referred to above must be positioned, as appropriate, near the storage area or on the door leading into the storage room.

Part D — Identification and location of fire-fighting equipment used exclusively for fire-fighting purposes

1.

Fire-fighting equipment shall be identified by using a specific colour for the equipment and placing a location signboard, or by using a specific colour or both for the places where such equipment is kept, or their access points.

2.

For the purposes of paragraph 1 the specific colour shall be red.

The red area shall be sufficiently large to allow the equipment to be identified easily.

3.

The signboards provided for in paragraph 3.5 of Part B shall be used to mark the locations of this equipment.

Part E — Signs used for obstacles and dangerous locations and for marking traffic routes

1.

Signs for obstacles and dangerous locations

1.1 Places where there is a risk of colliding with obstacles, of falling or of objects falling shall be marked with alternating yellow and black, or red and white stripes in built up zones in the place of work to which employees have access during their work.

1.2. The dimensions of the markings shall be commensurate with the scale of the obstacle or dangerous location in question.

1.3. The yellow and black or red and white stripes shall be at an angle of approximately 45° and of more or less equal size.

1.4. Example:

2.

Marking of traffic routes

2.1. Where the use and equipment of rooms so requires for the protection of persons, traffic routes for vehicles shall be clearly identified by continuous stripes in a clearly visible colour, preferably white or yellow, taking into account the colour of the ground.

2.2. The stripes shall be located so as to indicate the necessary safe distance between the vehicles and any object which may be nearby, and between pedestrians and vehicles.

2.3. Permanent traffic routes in built-up areas outdoors shall, as far as is practicable, be similarly marked, unless they are provided with suitable barriers or pavements.

Part F — Illuminated signs

1.

Intrinsic features

1.1.The light emitted by a sign shall produce a luminous contrast which is appropriate to its environment, in accordance with the intended conditions of use of the sign, but without producing glare or an excessive amount of light or poor visibility as a result of insufficient light.

1.2. The luminous area emitting a sign may be of a single colour or contain a pictogram on a specified background.

1.3. The single colour shall correspond to the table of colours and their meanings set out in paragraph 3 of Part A.

1.4. When the sign contains a pictogram, it shall comply with all the relevant requirements of Part B.

2.

Specific rules governing use

2.1. If a device can emit both continuous and intermittent signs, the intermittent sign shall be used to indicate a higher level of danger or a more urgent need for the requested or required intervention or action than is indicated by the continuous sign.

The duration of each flash and the frequency of the flashes of an intermittent illuminated sign shall be such as to ensure the proper perception of the message, and avoid any confusion either between different illuminated signs or with a continuous illuminated sign.

2.2. If a flashing sign is used instead of or together with an acoustic signal, identical codes shall be used.

2.3. Devices for emitting flashing signs in the event of grave danger shall be under special surveillance or be fitted with an auxiliary lamp.

Part G — Acoustic signs

1.

Intrinsic features

1.1. Acoustic signals shall:

  • (a) have a sound level which is considerably higher than the level of ambient noise, so that it is audible without being excessive or painful, and
  • (b) be easily recognisable, particularly in terms of pulse length and the interval between pulses or groups of pulses, and be clearly distinct from any other acoustic signal and ambient noises.

1.2. If a device can emit an acoustic signal at variable and constant frequencies, the variable frequency shall be used to indicate a higher level of danger or a more urgent need for the requested or imposed intervention or action in relation to the stable frequency.

2.

Code

The signal for evacuation shall be continuous.

Part H — Verbal communication

1.

Intrinsic features

1.1. Verbal communication between a speaker or emitter and one or more hearers shall take the form of (sometimes coded) short texts, phrases, groups of words or individual words.

1.2. Spoken messages shall be short, simple and clear as possible and in a language understood by the persons involved; the verbal skills of the speaker and the hearing abilities of hearers shall be such as to ensure reliable verbal communication.

1.3. Verbal communication may be direct (by means of the human voice) or indirect (by means of a human or artificial voice which is broadcast by whatever means is appropriate).

2.

Specific rules governing use

2.1. The persons involved must have a good knowledge of the language used so thst they are able to pronounce and understand the spoken message correctly and consequently behave in a way which is appropriate to safety or health (or both).

2.2. If verbal communication is used instead of or together with gestures, code words should be used such as:

-‘start’ -‘stop’ -‘end’ -‘raise’ -‘lower’ -‘forwards’ -‘backwards’ -‘right’ -‘left’ -‘danger’ -‘quickly’ to indicate the start of a command to interrupt or end a movement to stop the operation to have a load raised to have a load lowered to be coordinated with the corresponding hand signals to be coordinated with the corresponding hand signals to be coordinated with the corresponding hand signal to be coordinated with the corresponding hand signals for an emergency stop to speed up a movement for safety reasons

Part I — Hand signals

1.

Features:

1.1 Hand signals shall be precise, simple, expansive, easy to make and to understand, and clearly distinct from other such signals.

1.2 Where both arms are used at the same time, they shall be moved symmetrically and for giving one sign only.

1.3 Without prejudice to other codes applicable at European Union level, used for the same manoeuvres in certain sectors, hand signals used shall be consistent with any relevant code of practice.

2.

Specific rules governing use:

2.1. The person giving the signs, hereinafter referred to as the “signaller”, shall use arm or hand movements to give manoeuvring instructions to the person receiving the signs, hereinafter referred to as the “operator”.

2.2. The signaller shall be able to monitor all manoeuvres visually without being endangered thereby.

2.3. The signaller's duties shall consist exclusively of directing manoeuvres and ensuring the safety of persons in the vicinity.

2.4. If the conditions described in paragraph 2.2. are not fulfilled, one or more extra signallers shall be deployed.

2.5. The operator shall interrupt the ongoing manoeuvre in order to request new instructions if unable to carry out the orders received with the necessary safety guarantees.

2.6. Accessories:

2.6.1 The operator shall be able to recognise the signaller without difficulty.

2.6.2 The signaller shall wear one or more appropriate distinctive items, e.g. jacket, helmet, sleeves or armbands, or carry bats.

2.6.3 The distinctive items shall be brightly coloured, preferably all of the same colour and for the exclusive use of signallers.

3.

Coded signals to be used

Preliminary remark

The following set of coded signals are without prejudice to other codes applicable at European Community level, used for the same manoeuvres in certain sectors:

Meaning Description Illustration
A. General signals A. General signals A. General signals
START Attention Start of command Both arms are extended horizontally with the palms facing forward [image omitted]
STOP Interruption End of movement The right arm points upwards with the palm facing forwards [image omitted]
END Of the operation Both hands are clasped at chest height [image omitted]
B. Vertical movements B. Vertical movements B. Vertical movements
RAISE The right arm points upwards with the palm facing forward and slowly makes a circle [image omitted]
LOWER The right arm points downwards with the palm facing inwards and slowly makes a circle [image omitted]
VERTICLE DISTANCE The hands indicate the relevant distance [image omitted]
C. Horizontal Movements C. Horizontal Movements C. Horizontal Movements
MOVE FOR WARDS Both arms are bent with the palms facing upwards, and the forearms make slow movements towards the body [image omitted]
MOVE BACKWARDS Both arms are bent with the palms facing downwards, and the forearms make slow movements away from the body [image omitted]
RIGHT To the signaller's right The right arm is extended more or less horizontally with the palm facing downwards and slowly makes small movements to the right [image omitted]
LEFT To the signaller's left The left arm is extended more or less horizontally with the palm facing downwards and slowly makes small movements to the left [image omitted]
HORIZONTAL DISTANCE The hands indicate the relevant distance [image omitted]
D. Danger D. Danger D. Danger
DANGER Emergency stop Both arms point upwards with the palms facing forwards [image omitted]
QUICK All movements faster
SLOW All movements slower

Schedule 10 Explosive Atmospheres

Part A — Classification of places where explosive atmospheres may occur

1.

Places where explosive atmosphere may occur:

  • (a) A place in which an explosive atmosphere may occur in such quantities as to require special precautions to protect the health and safety of the workers concerned is deemed to be hazardous within the meaning of Part 8 of these Regulations.
  • (b) A place in which an explosive atmosphere is not expected to occur in such quantities as to require special precaution is deemed to be non-hazardous within the meaning of Part 8 of these Regulations.

Flammable or combustible substances are considered as materials, which may form an explosive atmosphere unless an investigation of their properties has shown that in mixtures with air they are incapable of independently propagating an explosion.

2.

Classification of hazardous places

Hazardous places are classified in terms of zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere.

The extent of the measures to be taken in accordance with Part 8 is determined by this classification.

Zone 0:

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.

Zone 1:

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is likely to occur in normal operation occasionally.

Zone 2:

A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to occur in normal operation but, if it does occur, will persist for a short period only.

Zone 20:

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is present continuously or for long periods or frequently.

Zone 21:

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is likely to occur in normal operation occasionally.

Zone 22:

A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur in normal operation but, if it does occur, will persist for a short period only.

Notes:

1.

Layers, deposits and heaps of combustible dust must be considered as any other source, which can form an explosive atmosphere.

2.

“Normal operation” means the situation when installations are used within their design parameters.

Part B — Warning sign for places where explosive atmospheres may occur

Place where explosive atmospheres may occur

Distinctive features:

triangular shape,

black letter on a yellow background with black edging (the yellow part to take up at least 50% of the area of the sign).

GIVEN under my hand

14^th June 2007

TONY KILLEEN

Minister of State at the Department of Enterprise, Trade and Employment

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

1.

These Regulations, inter alia, revoke and replace -

  • (a) those provisions of the Safety, Health and Welfare at Work (General Application) Regulations 1993 ( S.I. No. 44 of 1993 ) (other than Part X and the Twelfth Schedule relating to the notification of accidents and dangerous occurrences, which remain in place) that were not already revoked under the Safety, Health and Welfare at Work (General Application)(Amendment)(Revocation) Regulations 2005 ( S.I. No. 392 of 2005 ) following their incorporation in the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), and
  • (b) the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2001 ( S.I. No. 188 of 2001 ).
2.

The Regulations also revoke and replace an additional 20 full sets and 4 part provisions of—

  • (a) Factories (Report of Examination of Hoists and Lifts) Regulations 1956 ( S.I. No. 182 of 1956 ),
  • (d) Regulations 22 to 35 and 37 and 38 and the Schedule to the Docks (Safety, Health and Welfare Regulations 1960 ( S.I. No. 279 of 1960 ),
  • (h) Quarries (General) Regulations 1974 ( S.I. No. 146 of 1974 ) to the extent of in Regulation 3, the definitions of “lifting appliance” and “safe working load”, Regulations 40 and 41, in the First Schedule “FORM No. 3” and “FORM No. 5” and the Second Schedule,
  • (i) Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 ( S.I. No. 322 of 1975 ) to the extent of in Regulation 3(1), the definitions of “lifting equipment” and “lifting gear” and Regulations 32 to 48,
  • (n) Safety in Industry Acts 1955 and 1980 (Hoists and Hoistways) (Exemption) Order 1985 ( S.I. No. 100 of 1985 ),
  • (p) Safety, Health and Welfare at Work (Miscellaneous Welfare Provisions) Regulations 1995 ( S.I. No. 358 of 1995 ),
  • (q) Safety, Health and Welfare at Work (Children and Young Persons) Regulations 1998 ( S.I. No. 504 of 1998 ),
  • (r) Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations 2000 ( S.I. No. 11 of 2000 ),
  • (s) Safety, Health and Welfare at Work (Pregnant Employees etc.) Regulations 2000 ( S.I. No. 218 of 2000 ),
  • (t) Regulations 80 to 123 of the Safety, Health and Welfare at Work (Construction) Regulations 2001 ( S.I. No. 481 of 2001 ),
  • (u) Safety, Health and Welfare at Work (Explosive Atmospheres) Regulations 2003 ( S.I. No. 258 of 2003 ),
  • (v) Safety, Health and Welfare at Work (Work at Height) Regulations 2006 ( S.I. No. 318 of 2006 ),
  • (w) Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 ( S.I. No. 370 of 2006 ), and
  • (x) Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 ( S.I. No. 371 of 2006 ), except Regulation 11(3) of those Regulations.

Regulation 11(3) of the Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 ( S.I. No. 371 of 2006 ) is revoked on 14 February, 2008.

The above revocations are supplemented by the Safety, Health and Welfare at Work Act 2005 (Repeals)(Commencement) Order 2007 ( S.I. No. 300 of 2007 ) which, in accordance with sections 1 (2) and 4 (2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) activates the repeal of sections 33 to 35 and 115 and 116 of the Factories Act 1955 (No. 10 of 1955) and sections 28 and 29 of the Safety in Industry Act 1980 (No. 9 of 1980).

In replacing the above statutory provisions, these Regulations are presented in a more self-contained easily accessible and user-friendly format, for example, through the restructuring of the layout of the Regulations and through reducing the overall number of Schedules by the incorporation of provisions formerly set out in Schedules in the main text of the current Regulations. However, the overall thrust and the vast majority of the substantive requirements and prohibitions of the Regulations being replaced are maintained in these Regulations.

3.

The Regulations retranspose the following 14 EU Directives relating to occupational safety, health and welfare:

  • (a) Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace [Chapter 1 of Part 2 refers];
  • (b) Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work, as amended by Council Directive 95/63/EC of 5 December 1995, amending Directive 89/655/EEC [Chapter 2 of Part 2 and Schedule 1 refer];
  • (c) Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for use by workers of personal protective equipment [Chapter 3 of Part 2 and Schedule 2 refer];
  • (d) Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers [Chapter 4 of Part 2 and Schedule 3 refer];
  • (e) Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment [Chapter 5 of Part 2 and Schedule 4 refer];
  • (f) Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC relating to the use of work equipment when carrying out work at a height [Part 4 and Schedule 5 refer];
  • (g) Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) [Chapter 1 of Part 5 refers];
  • (h) Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) [Chapter 2 of Part 5 and Schedule 6 refer];
  • (i) the health and safety aspects of Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work [Chapter 1 of Part 6 and Schedule 7 refer];
  • (j) the occupational safety and health provisions of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding [Chapter 2 of Part 6 and Schedule 8 refer];
  • (k) in respect of night workers and shift workers, the safety and health protection provisions of Article 9 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time [Chapter 3 of Part 6 refers];
  • (l) Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work [Chapter 1 of Part 7 and Schedule 9 refer];
  • (m) Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres [Part 8 and Schedule 10 refer].
4.

These Regulations also modernise legal requirements concerning the safe use of electricity in the workplace [Part 3 refers] and the provision of first-aid facilities at work [Chapter 2 of Part 7 refers].

5.

Part 1 of the Regulations covers standard Interpretation and General provisions comprising citation and commencement, interpretation and revocations and savings.

6.

Part 2 of the Regulations relates to the Workplace and the use of Work Equipment at work.

Chapter 1 of Part 2 of the Regulations sets out requirements relating to places of work as regards various matters including structural stability, ventilation, temperature, lighting, floors, walls ceilings and roofs, windows and sky lights, doors and gates, emergency routes and exits fire detection and fire fighting, movement of pedestrians and vehicles danger areas, loading bays and ramps, room dimensions and air space, general welfare requirements, sanitary and washing facilities.

For the purposes of Chapter 1 of Part 2 of the Regulations “place of work” means a place of work intended to house work stations, excluding (a) means of transport used outside the undertaking or a place of work inside a means of transport, (b) construction sites, (c) extractive industries, (d) fishing boats and (e) fields, woods and land forming part of an agricultural or forestry undertaking but situated away from the undertaking's buildings.

Chapter 2 of Part 2 and Schedule 1 to the Regulations set out requirements relating to the use of Work Equipment at work as regards various matters including employers' duties regarding the use of work equipment by their employees, information and instruction, inspection of work equipment maintenance control devices, guards and protection devices, connection to energy sources, contact with wheels or tracks of mobile work equipment, drive systems of mobile work equipment combustion engines of mobile work equipment, fork-lift trucks, safety of self-propelled work equipment, traffic rules for mobile work equipment, work equipment for lifting loads, cranes, work equipment for lifting goods or persons, hoists and lifts, lifting accessories, signalling and operation of lifting equipment, periodic examination and testing of lifting equipment, reports by competent persons, records and registers of lifting equipment, safe working loads for excavators, telehandlers and loaders, requirements for scotch and guy derrick cranes and construction, testing, examination and safe working load of lifting accessories. In addition to retransposing Council Directive 89/655/EEC and Council Directive 95/63/EC, Chapter 2 of Part 2 of the Regulations also modernises and replaces various provisions of the “relevant statutory provisions” relating to the use of work equipment at work by standardising requirements and removing anomalies or inconsistencies relating to the use of the same work equipment at different places of work.

Chapter 3 of Part 2 and Schedule 2 to the Regulations set out requirements relating to the provision and use of Personal Protective Equipment (PPE) as regards various matters including the provision and use of PPE, assessment of PPE, conditions of use and compatibility of PPE, personal use of PPE, maintenance and replacement of PPE and information, training and instruction.

Chapter 4 of Part 2 and Schedule 3 to the Regulations set out requirements relating to the Manual Handling of Loads as regards the duties of employers to take appropriate organisational measures or means to avoid the need for the manual handling of loads or, where the need for the manual handling of loads cannot be avoided, to take appropriate measures or use appropriate means to reduce the risk to employees involved in the manual handling of loads.

Chapter 5 of Part 2 and Schedule 4 to the Regulations set out requirements relating to the provision and use of Display Screen Equipment (DSE) as regards the duties of employers concerning the analysis of the workstation, planning of work, minimum requirements for DSE, information and training and provision of eye tests and corrective appliances.

7.

Part 3 of the Regulations relating to Electricity sets out a range of requirements including suitability of electrical equipment and installations, adverse or hazardous environments, identification and marking, protection against electric shock, portable equipment, connections and cables, overcurrent protection, auxiliary equipment and battery supply, switching and isolation for work on equipment made dead, precautions for work on electrical equipment, working space, access and lighting competent persons, testing and inspection, earth leakage protection for higher voltage, switch rooms, fencing of outdoor equipment and overhead lines and underground cables.

8.

Part 4 and Schedule 5 to the Regulations relating to Work at Height set out a range of requirements as regards various matters including organisation, planning and risk assessment of work at height checking of places of work at height, weather conditions, avoidance of risks from work at height protection of places of work at height, selection of work equipment for work at height, condition of surfaces for supporting structures, stability of supporting structure, guard-rails, toe-boards, barriers etc., stability of working platforms, safety on working platforms, loading of working platform and supporting structures, additional requirements for scaffolding, collective safeguards for arresting falls, personal fall protection systems, work positioning systems, rope access or positioning technique, fall arrest systems, work restraint systems, ladders, fragile surfaces, falling objects danger areas and inspection of work equipment.

9.

Part 5 of the Regulations relates to exposure to Physical Agents at work.

Chapter 1 of Part 5 of the Regulations sets out requirements relating to the Control of Noise at Work including exposure limit values and exposure action values, determination and assessment of risks above a lower exposure action value, provisions aimed at avoiding or reducing exposure application of upper exposure action values, prevention of exposure above noise level of 85dB(A) application of exposure limit value, personal protection, employee information, training and consultation, health surveillance, records and effects and exemptions.

Chapter 2 of Part 5 and Schedule 6 to the Regulations set out requirements relating to the Control of Vibration at Work including exposure limit values and action values, determination and assessment of risks, provisions aimed at avoiding or reducing exposure, application of exposure action values application of exposure limit value, employee information and training, health surveillance, records and effects and exemptions.

10.

Part 6 of the Regulations relates to Sensitive Risk Groups.

Chapter 1 of Part 6 and Schedule 7 to the Regulations set out requirements relating to the Protection of Children and Young Persons including risk assessment, circumstances prohibiting employment of a child or young person and health surveillance. The purpose of these provisions is to retranspose the health and safety aspects of Council Directive 94/33/EC on the protection of young people at work. The other requirements of this Directive have been implemented by the Protection of Young Persons (Employment) Act 1996 .

Chapter 2 of Part 6 and Schedule 8 to the Regulations set out requirements relating to the Protection of Pregnant, Post Natal and Breastfeeding Employees including risk assessment, protective or preventive measures, night work and information. The purpose of these provisions is to transpose the occupational safety and health provisions of Council Directive 92/85/EEC of 19th October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding.

Chapter 3 of Part 6 of the Regulations sets out requirements relating to Night Work and Shift Work including general duties of employers with respect to night workers and shift workers, night work risk assessment and health assessment and transfer to day work. The purpose of these provisions is to give effect, in respect of night workers and shift workers, to the safety and health protection provisions of Article 9 of Directive 93/104/EC of 23 November, 1993 concerning certain aspects of the organisation of working time. Inter alia, they require employers, who employ night workers, to carry out, for the purposes of the maximum hours of night working permitted under sections 16 (2)(a) and 16 (2)(b) of the Organisation of Working Time Act 1997 (No. 20 of 1997) (i.e. the Act by which the main provisions of the Directive have been implemented in Ireland), an assessment of the safety and health risks attaching to the work of night workers whom they employ with a view to determining whether that work involves special hazards or a heavy physical or mental strain. They also require employers, whose night workers become ill or exhibit symptoms of ill-health as a result of performing night work, to reassign such workers to day work suited to them whenever possible.

11.

Part 7 of the Regulations relates to Safety Signs and First Aid.

Chapter 1 of Part 7 and Schedule 9 to the Regulations set out requirements relating to the provision of Safety Signs at Places of Work including provision of safety signs, information and instruction for employees, prohibition of unauthorised information on signs, signboards, illuminated signs acoustic signs and hand signals. These provisions apply to all places of work and they relate to signs referring to a specific object, activity or situation which provide information or instructions about safety and health at work.

Chapter 2 of Part 7 of the Regulations sets out requirements relating to First-aid at places of work including provision of first-aid equipment, occupational first-aiders and first-aid rooms.

12.

Part 8 and Schedule 10 to the Regulations relate to Explosive Atmospheres at Places of Work and set out various requirements including in relation to assessment of explosion risk, classification of places where explosive atmospheres may occur, prevention against explosion, safety of plant equipment and protective systems, training, instructions, permits to work, protection of employees from explosion and coordination at workplaces. These provisions of the Regulations transpose Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres. Directive 1999/92/EC defines “explosive atmosphere” as “a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture”.

Employers are required to classify places at the workplace where explosive atmospheres may occur into hazardous or non-hazardous places. They must classify those places classified as hazardous into zones and apply the specified preventive measures. These measures include the selection of equipment and protective systems according to the categories set out in Part 8 and Schedule 10 to the Regulations. Such equipment and protective systems are defined in Directive 94/9/EC (which was transposed in Ireland through the European Communities (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 1999 ( S.I. No. 83 of 1999 )) as follows:

  • (a) ‘Equipment’ means machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy for the processing of material and which are capable of causing an explosion through their own potential sources of ignition.
  • (b) ‘Protective systems’ means design units which are intended to halt incipient explosions immediately and/or to limit the effective range of explosion flames and explosion pressures. Protective systems may be integrated into equipment or separately placed on the market for use as autonomous systems.
13.

Subject to the particular periods referred to in Regulations 9, 122 and 134, these Safety, Health and Welfare at Work (General Application) Regulations 2007 come into operation on 1 November 2007.

Footnotes

1

Official Journal L 207, 23.7.98, p. 1-46;

2

Official Journal L 157, 9.6.2006, p. 24-86

3

O.J. No. L 196, 26.7.1990, p. 15

4

O.J. No. L 220, 30.8.1993, p. 1

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