(3) Training under this section shall be provided to employees—. Short title 2. (4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him or her within the period of 6 months beginning on the date of the contravention to which the complaint relates or such further period not exceeding 6 months as the rights commissioner considers reasonable. An Act to provide for the making of occupational health and safety standards, and for related purposes: Administered by: Education, Employment and Workplace Relations: Registered: 17 Nov 2005 : Date of Assent 15 Nov 2005: Date of repeal: 01 Nov 2009: Repealed by Safe Work Australia (Consequential and Transitional Provisions) Act 2008. section 33 . EMPLOYEES (OCCUPATIONAL HEALTH AND SAFETY) ACT CHAPTER 16.02 Revised Edition Showing the law as at 31 December 2001 Act 10 of 1985 in force 10 December 1985 (S.I.93/1985) ARRANGEMENT OF SECTIONS Section PART 1 Preliminary 1. (8) A joint safety and health agreement shall, so long as it continues to be approved by the Authority, be taken into account by the Authority or a person prescribed under (b) a contract or other agreement with the Authority or a proposed such contract or other agreement, then, any member of the Authority present at the meeting who has a material interest in the matter, otherwise than in his or her capacity as such a member, shall—. (3) A copy of a notice under subsection (2) shall be given by the Labour Court to any other party concerned as soon as practicable after the receipt of the notice by the Labour Court. thereupon stands seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either House or that Parliament. The Chief Executive shall be appointed on the terms and conditions (including terms and conditions relating to duration of contract, performance, remuneration, allowances for expenses and removal from office) that the Authority may from time to time determine with the consent of the Minister and the Minister for Finance. The main legislation covering the health and safety of people in the workplace is the Safety, Health and Welfare at Work Act 2005 (as amended). (17) of the section 1 ; “strategy statement” means the strategy statement of the Authority prepared and adopted under section 19 3.—(1) A notice or other document required or authorised to be served on, sent or given to any person under the relevant statutory provisions shall, subject to subsection (2), be addressed to the person concerned by name, and may be served on, sent or given to the person in one of the following ways: (b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document is required to be served on, sent or given to him or her in respect of any place of work, by delivering it to a person over the age of 16 years of age resident or employed at the place of work or by affixing it in a conspicuous position on or near the place of work; (e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by General duties of employers 4. Coroners Act 1962 These regulations shall apply in addition to the provisions of section 82 of the Act. (2) The period specified in the information notice under subsection (1) may be extended at the discretion of the Authority on the written application of the person on whom the notice is served. (b) any act adopted by an institution of the European Communities, which regulates any of the matters set out in , (e) contravenes any requirement imposed by a notice requiring information under (a) the Committee referred to in (1)(d)), provide any of its services or carry on any of its activities through a subsidiary (within the meaning of the Companies Acts 1963 to 2003) which is wholly owned by the Authority and, accordingly, the Authority may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, provision or carrying on, form and register such a subsidiary. 46.—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, subject to the consent of the Minister and the Minister for Finance and to the conditions they may determine. 68.—(1) Where a prohibition notice has been served under 26 (4) The Chief Executive shall carry on, manage and control generally the administration and business of the Authority and perform any other functions that may be conferred on him or her by this Act or as may be determined by the Authority. 157 of 1990 Attendance before other committees of Houses of the Oireachtas. (a) consult his or her employees for the purpose of making and maintaining arrangements which will enable the employer and his or her employees to co-operate effectively for those purposes, (b) in accordance with the arrangements referred to in paragraph (a), consult with his or her employees, their safety representatives or both, as appropriate, in advance and in good time regarding—. (b) a copy of the report of the Comptroller and Auditor General on the accounts. (f) comply with the relevant statutory provisions. (i) the hazards to safety, health and welfare at work and the risks identified by the risk assessment, (ii) the protective and preventive measures to be taken concerning safety, health and welfare at work under the relevant statutory provisions in respect of the place of work and each specific task to be performed at the place of work, and. (b) investigate accidents and dangerous occurrences provided that he or she does not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any of the relevant statutory provisions. —(1) Every employer shall identify the hazards in the place of work under his or her control, assess the risks presented by those hazards and be in possession of a written assessment (to be known and referred to in this Act as a “risk assessment”) of the risks to the safety, health and welfare at work of his or her employees, including the safety, health and welfare of any single employee or group or groups … Section 32 The giving of appropriate training and instructions to employees. 65.—(1) Where an inspector is of the opinion that there is occurring or likely to occur any activity which involves or is likely to involve a risk to the safety, health or welfare of persons, he or she may give a written direction to the employer concerned requiring submission to him or her of an improvement plan. (c) gives to an inspector information that the person knows is false or misleading. S.I. (8) A financial year of the Authority shall be a period of 12 months ending on 31 December in any year and for the purposes of sections 45 and 48 the period commencing on the coming into operation of section 4 section 18 section 66 without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to carry out the determination in accordance with its terms. They are given a range of emergency powers to help them carry out this function. sections 8 to 12 section 4 6. ; “inspector” means a person authorised under ), European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 1993 ( sections 46 No. ), European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2004 ( 55.—(1) The Authority shall, following consultation with the Minister and the Minister for Finance, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff. 4. (a) inspect the whole or any part of the place of work—, (i) subject to subsection (3), after giving reasonable notice to the employer, or. (f) any matters consequential on, or incidental to, the matters referred to in paragraphs (a) to (e). (b) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. applies in relation to non-domestic places of work as regards such places of work, any article or substance provided for use in such places and as regards access to or egress from such places; (4) requirements to be imposed on an employee in relation to conduct or behaviour likely to endanger his or her own safety, health and welfare at work or that of any other person including as regards intoxication and submission to reasonable and proportionate tests; (5) requirements to be imposed on persons as regards interference, misuse or damage of anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work; (6) requirements to be imposed on an employee as regards his or her own safety, health or welfare at work including requirements as regards the use of any appliance, protective clothing, convenience, equipment or means or thing provided for securing their safety, health or welfare at work and attendance at safety and health training; (7) requirements to be imposed on persons who design, manufacture, import or supply articles for use at work as regards—, (a) the design, construction, testing, examination or use of any article or prescribed class of article, or. (2) (a) For the purposes of the relevant statutory provisions, a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size or hazards (or both of them) of the undertaking or establishment in which he or she undertakes work, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken. and the Minister shall cause to be laid before each House of the Oireachtas a written statement of the reasons for any such removal. (7) Notwithstanding the repeal of the Act of 1989 by (3) A person who carries out construction work shall ensure, so far as is reasonably practicable, that it is constructed to be safe and without risk to health and that it complies in all respects, as appropriate, with the relevant statutory provisions. refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the High Court may confirm the decision or may direct the Authority or person prescribed under (a) the risk assessment carried out under It is also known as HASAWA or HSW and most health and safety legislation is contained in it. It places the duty on employers to take responsibility for the health and safety of their employees at work “as far as is reasonably practicable”. (a) may, as it considers appropriate, make any other reports to the Minister relating to its functions, and. and (ii) for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or herself or another person. section 54 67 or otherwise directs that the safety statement be amended within 30 days of the giving of that direction. section 67 (5) Where an employer receives a notification under subsection (3) or (4), he or she shall immediately take appropriate action to comply with his or her general duties under (b) submit, from time to time, to the Minister any proposals that it considers appropriate relating to the relevant statutory provisions or for making or revoking any instruments under those provisions. Regulations, Codes of Practice and Enforcement. , as the case may be, revokes the authorisation. 27.—(1) In this section “penalisation” includes any act or omission by an employer or a person acting on behalf of an employer that affects, to his or her detriment, an employee with respect to any term or condition of his or her employment. (c) the control of major accident hazards, (d) the storage or transport of dangerous substances, or. (a) 4 or less, one member of the committee may be appointed by the employer, and the remaining members of the committee may be selected and appointed by the employees, (b) not more than 8 and not less than 5, 2 members of the committee may be appointed by the employer, and the remaining members may be selected and appointed by the employees, and. (c) the person did not attend before the Labour Court in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or failed to produce the document. may, by written notice (referred to in this Act as an “information notice”) served on a person, require the person to give to the Authority, within such period and in such form as may be specified in the notice, any information specified in the notice that the Authority or the person prescribed under Enforcement of determinations of Labour Court. What are the requirements of the Health and Safety at Work Act? 43.—(1) At the times set out in subsection (2)(f), the Authority shall prepare and submit to the Minister for his or her approval, with or without amendment, a strategy statement for the following 3 year period. Health and Safety Legislation Safety, Health and Welfare at Work Act 2005 sets out the main provisions for organisations to secure and improve the safety health and welfare of people at work. (4) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of officers transferred under subsection (1) are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Authority or the Chief Executive, as the case may be, while they are in the service of the Authority, and no such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to an officer immediately before the day on which he or she was transferred under subsection (1), save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. , ), by inserting the following after paragraph (db): “(dc) a record held or created under the relevant statutory provisions by the Health and Safety Authority or an employee of the Authority, relating to or arising from its enforcement functions (other than a record concerning any other functions of the Authority or the general administration of the Authority),”. 67.—(1) Where an inspector is of the opinion that at any place of work there is occurring or is likely to occur any activity (whether by reference to any article or substance or otherwise) which involves or is likely to involve a risk of serious personal injury to any person, the inspector may serve a written notice (in this Act referred to as a “prohibition notice”) on the person who has or who may reasonably be presumed to have control over the activity concerned. Sections 7, 8(2) (as substituted by , or. Where pursuant to paragraph 2 the number of members of which a safety committee is to be comprised is—. 4. such information in relation to personal injury to persons at work as may be necessary for promoting the safety, health and welfare of persons at work. section 33 (2) The Minister may, from time to time, issue directions or guidelines to the Authority concerning the preparation of the work programme and the Authority shall comply with those directions and prepare the work programme in accordance with those guidelines. (6) For the purposes of the relevant statutory provisions, “reasonably practicable”, in relation to the duties of an employer, means that an employer has exercised all due care by putting in place the necessary protective and preventive measures, having identified the hazards and assessed the risks to safety and health likely to result in accidents or injury to health at the place of work concerned and where the putting in place of any further measures is grossly disproportionate having regard to the unusual, unforeseeable and exceptional nature of any circumstance or occurrence that may result in an accident at work or injury to health at that place of work. [2005.] (g) make representations to the employer on any matter relating to safety, health and welfare at the place of work. 7. No. Redundancy Payments Act 1967 33.—(1) Subject to Freedom of Information (Amendment) Act 2003 (3) The risk assessment shall be reviewed by the employer where—, (a) there has been a significant change in the matters to which it relates, or. (c) take no part in the negotiation of the contract, agreement or arrangement or in any deliberation by the Authority or staff of the Authority relating to the matter. Qualifications (Education and Training) Act 1999 (ii) the designation of employees under (6) Notwithstanding the repeal of the Act of 1989 by It came into effect on 4 April 2016. (1) to submit an improvement plan or, in the case of a notice under (5) Where the Authority amends or revokes, or withdraws its approval of a code of practice or any part of a code of practice published or approved under this section, it shall publish notice of the amendment, revocation or withdrawal, as the case may be, in Iris Oifigiúil. Schedule 2 (b) there is another reason to believe that it is no longer valid. (e) manage all matters relating to appointments, performance, discipline and dismissals of staff below the position of Assistant Chief Executive. 34), European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations 1989 ( (d) designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof). AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK AND FOR THE ENFORCEMENT OF THE RELEVANT STATUTORY PROVISIONS, TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 89/391/EEC OF 12 JUNE 19891 88.—(1) The Minister may, for the purpose of protecting the safety, health and welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority or a person prescribed under The adaptation of work to the individual, especially as regards the design of places of work, the choice of work equipment and the choice of systems of work, with a view, in particular, to alleviating monotonous work and work at a predetermined work rate and to reducing the effect of this work on health. (2) Subsection (1) is without prejudice to any more specific requirement for health surveillance which may be in force under the relevant statutory provisions. (f) the safety committee shall consider any representations made to it by the employer on matters affecting the safety, health and welfare of persons employed in the place of work. 15. (d) include any other requirements that the inspector considers necessary. (k) to comply with any directions in writing, whether general or particular, relating to its functions, that the Minister may from time to time give to the Authority, (l) to give to the Minister any information relating to the performance of its functions that the Minister may from time to time require, and. (4) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, business or occupation. (4) Notwithstanding the repeal of the Act of 1989 by Safety, Health and Welfare at Work Act 2005 Permanent Page URL. and ensuring that the measures take account of changing circumstances and the general principles of prevention specified in section 34 (3) Where, in a place of work by agreement of the employer, there is a group of persons (by whatever name known) representative of the employer and the employees that constitutes a safety committee in compliance with Schedule 4 and that exists for the purpose of consultation regarding the safety, health and welfare at work of the employees, consultation within that group of persons may, to such extent as may be agreed between the employer and his or her employees, fulfil the requirements of subsections (1) and (2). (i) for the purpose of his or her functions under this Act. ), European Communities (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2003 ( (7) A copy of a safety statement, or relevant extract of it, shall be kept available for inspection at or near every place of work to which it relates while work is being carried out there. Safety, Health and Welfare at Work Act 1989 (3) Before exercising the power conferred by subsections (1)(p) and (q) in the case of any article or substance, an inspector shall, in so far as it is practicable to do so, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he or she proposes to do under that power. (b) the times and places of hearings of such appeals. (i) the day following the day on which the notice is confirmed or varied or the appeal is withdrawn, (ii) the end of the period specified in the notice, or. section 33 ( a) comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee's acts …

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