Safety, Health and Welfare at Work Act 2005

Safety, Health and Welfare at Work Act 2005 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2005 Safety, Health and Welfare at Work Act 2005 Safety, Health and Welfare at Work Act 2005 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 10 of 2005 SAFETY, HEALTH AND WELFARE AT WORK ACT 2005 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Service of notices, etc. 4. Repeals and savings. 5. Expenses. 6. Application of relevant statutory provisions to certain public service activities. 7. Application of relevant statutory provisions to self-employed persons. PART 2 GENERAL DUTIES Chapter 1 General Duties of Employer 8. General duties of employer. 9. Information for employees. 10. Instruction, training and supervision of employees. 11. Emergencies and serious and imminent dangers. 12. General duties of employers to persons other than their employees. Chapter 2 General Duties of Employee and Persons in Control of Places of Work 13. Duties of employee. 14. Interference, misuse, etc. 15. General duties of persons in control of places of work, etc. Chapter 3 General Duties of Other Persons 16. General duties of designers, manufacturers, importers and suppliers of articles and substances. 17. Duties related to construction work. PART 3 Protective and Preventive Measures 18. Protective and Preventive Measures. 19. Hazard identification and risk assessment. 20. Safety statement. 21. Duty of employers to co-operate. 22. Health surveillance. 23. Medical fitness to work. 24. Joint safety and health agreements. PART 4 Safety Representatives and Safety Consultation 25. Safety representatives. 26. Consultation and participation of employees, safety committees. 27. Protection against dismissal and penalisation. 28. Complaints to rights commissioners. 29. Appeals from and enforcement of decisions of rights commissioner. 30. Enforcement of determinations of Labour Court. 31. Evidence of failure to attend before or give evidence or produce documents to Labour Court. PART 5 The Authority Chapter 1 The Authority 32. Continuance in being of Authority. 33. Minister may prescribe persons to perform certain functions. 34. Functions of Authority. 35. Conferral of additional functions on Authority. 36. Establishment of subsidiaries. 37. Membership of Authority. 38. Advisory committees. 39. Chief Executive. 40. Consultants and advisers. 41. Disclosure of certain interests by members of Authority. 42. Disclosure of certain interests by members of staff of Authority. 43. Strategy statement. 44. Work programme of Authority. 45. Grants to Authority. 46. Power to borrow. 47. Fees for services, etc. 48. Accounts and audits. 49. Attendance before Committee of Public Accounts. 50. Attendance before other committees of Houses of the Oireachtas. 51. Reports and information to the Minister. Chapter 2 Staff of Authority 52. Staff of Authority. 53. Remuneration of staff of Authority. 54. Transfer of officers etc., to Authority. 55. Code of conduct. 56. Superannuation of staff of Authority. PART 6 Regulations, Codes of Practice and Enforcement Chapter 1 Regulations and Codes of Practice. 57. Review of legislation. 58. Regulations. 59. Miscellaneous adaptations. 60. Codes of practice. 61. Use of codes of practice in criminal proceedings. Chapter 2 Enforcement 62. Authorisation of inspectors. 63. Medical examinations. 64. Powers of inspectors. 65. Directions for improvement plan. 66. Improvement notice. 67. Prohibition notice. 68. Contravention of prohibition notice — application to High Court. 69. Notices to be displayed. 70. Investigations and special reports. 71. Order of High Court as to use of place of work. Chapter 3 Obtaining and Disclosure of Information 72. Power to require information. 73. Prohibition on unauthorised disclosure of confidential information. 74. Amendment of Freedom of Information Act 1997. 75. Disclosure of information. 76. Disclosure of information by inspector in certain circumstances. PART 7 Offences and Penalties 77. Offences. 78. Penalties. 79. Provisions regarding certain offences. 80. Liability of directors and officers of undertakings. 81. Onus of proof. 82. Prosecution of offences. 83. Appeals from orders. 84. Evidence. 85. Publication of names of certain persons. PART 8 Miscellaneous 86. Indemnification of inspectors, etc. 87. Powers of officer of customs and excise to detain articles, etc. 88. Licences. 89. Amendment of National Standards Authority of Ireland Act 1996. SCHEDULE 1 Associated Statutory Provisions SCHEDULE 2 Existing Enactments SCHEDULE 3 General Principles of Prevention SCHEDULE 4 Safety Committees SCHEDULE 5 The Authority SCHEDULE 6 The Chief Executive SCHEDULE 7 Regulations Acts Referred To Air Navigation and Transport Act 1936 1936, No. 40 Air Pollution Act 1987 1987, No. 6 Boiler Explosions Act 1882 45 & 46 Vict., c. 22 Boiler Explosions Act 1890 53 & 54 Vict., c. 35 Civil Service Regulation Act 1956 1956, No. 46 Companies Acts 1963 to 2003 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Consumer Information Act 1978 1978, No. 1 Coroners Act 1962 1962, No. 9 Courts Act 1981 1981, No. 11 Dangerous Substances Acts 1972 and 1979 Data Protection Acts 1988 and 2003 Defence Act 1954 1954, No. 18 Defence (Amendment) (No. 2) Act 1960 1960, No. 44 Electricity (Supply) Acts 1927 to 2004 Electronic Commerce Act 2000 2000, No. 27 Employment Agency Act 1971 1971, No. 27 Ethics in Public Office Act 1995 1995, No. 22 European Communities Act 1972 1972, No. 27 European Parliament Elections Act 1997 1997, No. 2 Explosives Act 1875 38 & 39 Vict., c. 17 Fire Services Act 1981 1981, No. 30 Freedom of Information Act 1997 1997, No. 13 Freedom of Information (Amendment) Act 2003 2003, No. 9 Gas Act 1976 1976, No. 30 Gas (Amendment) Act 1987 1987, No. 9 Gas (Interim) (Regulation) Act 2002 2002, No. 10 Licensing of Indoor Events Act 2003 2003, No. 15 Merchant Shipping (Investigation of Marine Casualties) Act 2000 2000, No. 14 Merchant Shipping Acts 1894 to 2000 Mines and Quarries Act 1965 1965, No. 7 Minimum Notice and Terms of Employment Acts 1973 to 2001 National Standards Authority of Ireland Act 1996 1996, No. 28 Notice of Accidents Act 1894 57 & 58 Vict., c. 28 Organisation of Working Time Act 1997 1997, No. 20 Petty Sessions (Ireland) Act 1851 14 & 15 Vict., c. 93 Poisons Act 1961 1961, No. 12 Public Offices Fees Act 1879 42 & 43 Vict., c. 58 Qualifications (Education and Training) Act 1999 1999, No. 26 Railway Employment (Prevention of Accidents) Act 1900 63 & 64 Vict., c. 27 Redundancy Payments Act 1967 1967, No. 21 Redundancy Payments Acts 1967 to 2003 Regulation of Railways Act 1842 5 & 6 Vict., c. 55 Regulation of Railways Act 1871 34 & 35 Vict., c. 78 Road Traffic Acts 1961 to 2004 Safety in Industry Acts 1955 and 1980 Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995 Safety, Health and Welfare at Work Act 1989 1989, No. 7 Social Welfare (Consolidation) Act 1993 1993, No. 27 Terms of Employment (Information) Acts 1994 and 2001 Trade Union Act 1941 1941, No. 22 Unfair Dismissals Acts 1977 to 2001 Number 10 of 2005 SAFETY, HEALTH AND WELFARE AT WORK ACT 2005 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 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH OF WORKERS AT WORK AND COUNCIL DIRECTIVE 91/383/EEC OF 25 JUNE 19912 ON MEASURES TO IMPROVE THE SAFETY AND HEALTH AT WORK OF WORKERS WITH A FIXED-DURATION OR TEMPORARY EMPLOYMENT RELATIONSHIP, TO PROVIDE FOR THE FURTHER REGULATION OF WORK ACTIVITIES, TO CONTINUE IN BEING AND CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH AND RENAME THAT BODY AS THE HEALTH AND SAFETY AUTHORITY, TO REPEAL THE SAFETY, HEALTH AND WELFARE AT WORK ACT 1989, TO PROVIDE FOR THE REPEAL OF CERTAIN OTHER ENACTMENTS AND THE AMENDMENT OF THE NATIONAL STANDARDS AUTHORITY OF IRELAND ACT 1996 AND TO PROVIDE FOR RELATED MATTERS. [22nd June, 2005] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and commencement. 1.—(1) This Act may be cited as the Safety, Health and Welfare at Work Act 2005. (2) This Act shall come into operation on such day or days as may be appointed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions of this Act and an order under this subsection may provide for the commencement of section 4 (2) upon different days as respects different existing enactments and different provisions of existing enactments. Interpretation. 2.—(1) In this Act, unless the context otherwise requires— “accident” means an accident arising out of or in the course of employment which, in the case of a person carrying out work, results in personal injury; “Act of 1989” means the Safety, Health and Welfare at Work Act 1989 ; “advisory committee” means an advisory committee established under section 38 ; “approved” means approved in writing for the time being by the Authority or conforming with a specification in writing by the Authority; “article” means— (a) any plant, machine, machinery, appliance, apparatus, tool or any other work equipment for use or operation (whether exclusively or not) by persons at work, (b) any article designed for use as a component in, part of or to control any such plant, machine, machinery, appliance, apparatus, work equipment, tool or any other work equipment, and (c) any other product used by persons at work; “associated statutory provisions” means the provisions of the Acts specified in Schedule 1 and any statutory instruments made under those Acts for the time being in force; “Authority” means the Health and Safety Authority; “cash flow statement” means, in relation to a year, an account showing the derivation of all moneys received by the Authority during that year and the purposes to which they were applied; “code of practice” means a code of practice prepared and published or, as the case may be, approved of, by the Authority in accordance with section 60 ; “competent person” shall be read in accordance with subsection (2); “confidential information” includes— (a) information that is expressed by the Authority or an advisory committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description, and (b) proposals of a commercial nature or tenders submitted to the Authority by contractors, consultants or any other person; “construction work” means the carrying out of any building, civil engineering or engineering construction work, as may be prescribed; “contract of employment” means a contract of employment or service or apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing; “dangerous occurrence” means an occurrence arising from work activities in a place of work that causes or results in— (a) the collapse, overturning, failure, explosion, bursting, electrical short circuit discharge or overload, or malfunction of any work equipment, (b) the collapse or partial collapse of any building or structure under construction or in use as a place of work, (c) the uncontrolled or accidental release, the escape or the ignition of any substance, (d) a fire involving any substance, or (e) any unintentional ignition or explosion of explosives, as may be prescribed; “director” includes a person in accordance with whose directions or instructions the directors of the undertaking concerned are accustomed to act but does not include such a person if the directors are accustomed to so act by reason only that they do so on advice given by the person in a professional capacity; “employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a fixed-term employee and a temporary employee and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; “employer”, in relation to an employee— (a) means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, (b) includes a person (other than an employee of that person) under whose control and direction an employee works, and (c) includes where appropriate, the successor of the employer or an associated employer of the employer; “enactment” includes any instrument made under an enactment. “existing enactments” means— (a) the enactments specified in Part 1 of Schedule 2 and any instruments made under those enactments for the time being in force, and (b) the regulations made under the European Communities Act 1972 for the time being in force specified in Part 2 of Schedule 2 ; “fixed-term employee” means an employee whose employment is governed by a contract of employment for a fixed-term or for a specified purpose, being a purpose of a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment; “health surveillance” means the periodic review, for the purpose of protecting health and preventing occupationally related disease, of the health of employees, so that any adverse variations in their health that may be related to working conditions are identified as early as possible; “improvement notice” means a notice served under section 66 ; “improvement plan” means a plan required to be submitted under section 65 ; “inspector” means a person authorised under section 62 by the Authority or by a person prescribed under section 33 ; “intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol; “joint safety and health agreement” shall be read in accordance with section 24 ; “material interest” has the meaning assigned by section 2 (3) of the Ethics in Public Office Act 1995 ; “micro-organism” includes any microscopic biological entity which is capable of replication; “Minister” means the Minister for Enterprise, Trade and Employment; “penalisation” has the meaning assigned to it by section 27 and cognate words shall be read accordingly; “personal injury” includes— (a) any injury, disease, disability, occupational illness or any impairment of physical or mental condition, or (b) any death, that is attributable to work; “place of work” includes any, or any part of any, place (whether or not within or forming part of a building or structure), land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise and in particular includes— (a) in relation to an extractive industry including exploration activity, the whole area intended to house workstations to which employees have access for the purpose of their work relating to the immediate and ancillary activities and installations of, as appropriate— (i) the surface or, as the case may be, underground extractive industry, including overburden dumps and other tips and any accommodation that is provided and, in the case of the underground extractive industry, any working area, (ii) the extractive industry through drilling onshore including any accommodation that is provided, and (iii) the extractive industry through drilling offshore, including any accommodation that is provided, (b) a tent, trailer, temporary structure or movable structure, and (c) a vehicle, vessel or aircraft; “prescribed” means prescribed— (a) by regulations made by the Minister under this Act (other than in the case of sections 66 (7), 67 (7) and 72 (3), and (b) in the case of sections 66 (7), 67 (7) and 72 (3) by rules made by the Minister for Justice, Equality and Law Reform in consultation with the Minister, and cognate words shall be read accordingly; “prohibition notice” means a notice served under section 67 ; “reasonably practicable” has the meaning assigned by subsection (6); “recognised trade unions and staff associations” means trade unions and staff associations recognised by the Authority for the purposes of negotiations concerned with the remuneration, conditions of employment or working conditions of its employees; “record” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing; “registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners; “relevant statutory provisions” means existing enactments and this Act and any instrument made under this Act for the time being in force; “risk assessment” shall be read in accordance with section 19 ; “safety representative” means a person selected and appointed under section 25 as a safety representative; “safety statement” shall be read in accordance with section 20 ; “self-employed person” means a person who works for profit or gain otherwise than under a contract of employment, whether or not the person employs other persons; “share fisherman” has the meaning assigned by subsection (3)(c); “special report” means a report made under section 70 ; “strategy statement” means the strategy statement of the Authority prepared and adopted under section 43 ; “substance” includes any natural or artificial substance, preparation or agent in solid or liquid form or in the form of a gas or vapour or as a micro-organism; “superannuation benefits” means a pension, gratuity or other allowance payable on resignation, retirement or death; “temporary employee” means an employee who is assigned by a temporary employment business to work for and under the control of another undertaking availing of the employee's services; “temporary employment business” means a business, including an employment agency within the meaning of the Employment Agency Act 1971 , which provides temporary employees to other undertakings availing of the services of those employees; “trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act 1941 ; “undertaking” means a person being an individual, a body corporate or an unincorporated body of persons engaged in the production, supply or distribution of goods or the provision of a service (whether carried on by him or her for profit or not); “use” includes— (a) in the case of an article, the manufacture, supply, operation, setting, repair, cleaning and maintenance of the article, and (b) in the case of a substance, the manufacture, process, operation, storage, treatment, mixing, packing, conveyance, supply, handling, filling or emptying, loading and unloading of the substance; “vessel” means a waterborne craft of any type, whether self-propelled or not, and includes an air cushion craft and any structure in or on water or on water and attached to land; “work programme” means the work programme of the Authority prepared and adopted under section 44 . (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. (b) Account shall be taken, as appropriate, for the purposes of paragraph (a) of the framework of qualifications referred to in the Qualifications (Education and Training) Act 1999 . (3) In this Act references, in relation to an employer, to an employee shall be read as references to an employee employed by that employer, and for the purposes of this Act— (a) a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act 1956 ) is deemed to be an employee employed by the State or Government, as the case may be, (b) an officer or servant of a harbour authority, the Health Service Executive or a vocational educational committee is deemed to be an employee employed by the harbour authority, the Health Service Executive or vocational education committee, as the case may be, and (c) a share fisherman is deemed to be an employee of the owner or skipper, as the case may be, of a fishing vessel whom he or she accompanies on board the fishing vessel, as a member of the crew, to engage in fishing where he or she is remunerated by a share in the catch or the profits or the gross earnings of the working of the vessel. (4) For the purposes of the relevant statutory provisions, where an individual agrees with a person who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 , and is acting in the course of that business to do or perform personally any work or service for another person (whether or not the latter person is a party to the contract and whether or not the latter person pays the wages or salary of the individual in respect of the work or service), then the latter person shall be deemed to be the individual's employer for the purposes of the relevant statutory provisions. (5) For the purposes of the relevant statutory provisions, a person who is training for employment or receiving work experience, other than when present at a course of study in a university, school or college, shall be deemed to be an employee of the person whose undertaking (whether carried on by him or her for profit or not) is for the time being the immediate provider to that person of training or work experience, and “employee”, “employer” and cognate words and expressions shall be read accordingly. (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. (7) References in the relevant statutory provisions to a risk assessment or safety statement shall be read as including references to an amended risk assessment or amended safety statement, as the case may be. (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 45 and ending on the following 31 December is deemed to be a financial year of the Authority. (9) In this Act— (a) a reference to a Part, section or Schedule is a reference to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other enactment is intended, (b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, (c) a reference to any enactment shall be read as a reference to that enactment as amended by or under any other enactment, including this Act, (d) a reference to a statutory instrument or to Regulations shall be read as a reference to that instrument as amended, adapted or to Regulations extended by any other statutory instrument, and (e) a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties. (10) A word or expression that is used in this Act and is also used in Council Directive 89/391/EEC of 12 June 1989 or Council Directive 91/383/EEC of 25 June 1991 has, unless the contrary intention appears, the same meaning in this Act that it has in those Directives. Service of notices, etc. 3.—(1) A notice or other document required or authorised to be served on, sent or given to any person under the relevant statutory provisions shall, subject to subsection (2), be addressed to the person concerned by name, and may be served on, sent or given to the person in one of the following ways: (a) by delivering it to the person; (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 section 2 of the Electronic Commerce Act 2000 ) to that person (being an addressee within the meaning assigned by that section) and provided that there is a facility to confirm receipt of electronic mail and that such receipt has been confirmed, then by that means; (f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection, or (g) by any other means that may be prescribed. (2) Where a notice or other document required or authorised under the relevant statutory provisions is to be served on, sent or given to a person who is the owner or occupier of a place of work and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”. (3) For the purposes of this section, a company within the meaning of the Companies Acts 1963 to 2003 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. Repeals and savings. 4.—(1) Sections 38 and 41 of the Organisation of Working Time Act 1997 are repealed. (2) The existing enactments set out in Part 1 of Schedule 2 are repealed. (3) Where any document refers to an existing enactment repealed by this Act and provision is made by this Act corresponding to that enactment, then, unless the context otherwise requires, that reference shall be construed as or, as the case may be, as including a reference to the corresponding provision of this Act. (4) Subject to subsection (3), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 of Schedule 2 is in force immediately before the repeal of such enactment by subsection (2) could have been made, issued or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by subsection (2) but, except in so far as this Act otherwise provides, shall continue in force as if made, issued or done under this Act. Expenses. 5.—The expenses incurred by the Minister in administering this Act, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Application of relevant statutory provisions to certain public service activities. 6.—(1) The relevant statutory provisions apply to prisons and places of detention unless their application is incompatible with safe custody, good order and security. (2) Subject to section 11 , the relevant statutory provisions apply to members of the Defence Forces except when they are— (a) on active service within the meaning of section 5 of the Defence Act 1954 or deemed to be on active service within the meaning of section 4 (1) of the Defence (Amendment) (No. 2) Act 1960 , (b) engaged in action in the course of operational duties at sea, (c) engaged in operations in aid to the civil power, or (d) engaged in training directly associated with any of the activities specified in paragraph (a) to (c). Application of relevant statutory provisions to self-employed persons. 7.—The relevant statutory provisions apply, where appropriate, to a self-employed person as they apply to an employer and as if that self-employed person was an employer and his or her own employee and references in the relevant statutory provisions to an employer shall be read as references to a self-employed person. PART 2 General Duties Chapter 1 General Duties of Employer General duties of employer. 8.—(1) Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees. (2) Without prejudice to the generality of subsection (1), the employer's duty extends, in particular, to the following: (a) managing and conducting work activities in such a way as to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees; (b) managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk; (c) as regards the place of work concerned, ensuring, so far as is reasonably practicable— (i) the design, provision and maintenance of it in a condition that is safe and without risk to health, (ii) the design, provision and maintenance of safe means of access to and egress from it, and (iii) the design, provision and maintenance of plant and machinery or any other articles that are safe and without risk to health; (d) ensuring, so far as it is reasonably practicable, the safety and the prevention of risk to health at work of his or her employees relating to the use of any article or substance or the exposure to noise, vibration or ionising or other radiations or any other physical agent; (e) providing systems of work that are planned, organised, performed, maintained and revised as appropriate so as to be, so far as is reasonably practicable, safe and without risk to health; (f) providing and maintaining facilities and arrangements for the welfare of his or her employees at work; (g) providing the information, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare at work of his or her employees; (h) determining and implementing the safety, health and welfare measures necessary for the protection of the safety, health and welfare of his or her employees when identifying hazards and carrying out a risk assessment under section 19 or when preparing a safety statement under section 20 and ensuring that the measures take account of changing circumstances and the general principles of prevention specified in Schedule 3 ; (i) having regard to the general principles of prevention in Schedule 3, where risks cannot be eliminated or adequately controlled or in such circumstances as may be prescribed, providing and maintaining such suitable protective clothing and equipment as is necessary to ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees; (j) preparing and revising, as appropriate, adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger; (k) reporting accidents and dangerous occurrences, as may be prescribed, to the Authority or to a person prescribed under section 33 , as appropriate, and (l) obtaining, where necessary, the services of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees. (3) Any duty imposed on an employer under the relevant statutory provisions in respect of any of his or her employees shall also apply in respect of the use by him or her of the services of a fixed-term employee or a temporary employee. (4) For the duration of the assignment of any fixed-term employee or temporary employee working in his or her undertaking, it shall be the duty of every employer to ensure that working conditions are such as will protect the safety, health and welfare at work of such an employee. (5) Every employer shall ensure that any measures taken by him or her relating to safety, health and welfare at work do not involve financial cost to his or her employees. Information for employees. 9.—(1) Without prejudice to the generality of section 8 , every employer shall, when providing information to his or her employees under that section on matters relating to their safety, health and welfare at work ensure that the information— (a) is given in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employees concerned, and (b) includes the following information— (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 (iii) the names of persons designated under section 11 and of safety representatives selected under section 25 , if any. (2) Where an employee of another undertaking is engaged in work activities in an employer's undertaking, that employer shall take measures to ensure that the employee's employer receives adequate information concerning the matters referred to in subsection (1). (3) Every employer shall ensure that employees appointed under section 18 and safety representatives, if any, have access, for the purposes of performing their functions relating to the safety, health and welfare of employees, to— (a) the risk assessment carried out under section 19 , (b) information relating to accidents and dangerous occurrences required to be reported to the Authority or a person prescribed under section 33 under the relevant statutory provisions, and (c) any information arising from protective and preventive measures taken under the relevant statutory provisions or provided by the Authority, a person prescribed under section 33 , or a person referred to in section 34 (2). (4) (a) Where an employer proposes to use the services of a fixed-term employee or a temporary employee, the employer shall, prior to commencement of employment, give information to the employee relating to— (i) any potential risks to the safety, health and welfare of the employee at work, (ii) health surveillance, (iii) any special occupational qualifications or skills required in the place of work, and (iv) any increased specific risks which the work may involve. (b) Where an employer proposes to use the services of a temporary employee, the employer shall— (i) specify to the temporary employment business concerned the occupational qualifications necessary for and the specific features of the work for which such an employee is required, and (ii) ensure that the temporary employment business gives the information referred to in paragraph (a) to the employee. (5) The temporary employment business referred to in subsection (4)(b) shall give to the employee the information referred to in subsection (4)(b)(i). Instruction, training and supervision of employees. 10.—(1) Without prejudice to the generality of section 8 and having regard to sections 25 and 26, every employer shall, when providing instruction, training and supervision to his or her employees in relation to their safety, health and welfare at work, ensure that— (a) instruction, training and supervision is provided in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employee concerned, (b) employees receive, during time off from their work, where appropriate, and without loss of remuneration, adequate safety, health and welfare training, including, in particular, information and instructions relating to the specific task to be performed by the employee and the measures to be taken in an emergency, (c) in relation to any specific task assigned to an employee, that his or her capabilities in relation to safety, health and welfare are taken into account, (d) in the case of— (i) a class or classes of particularly sensitive employees to whom any of the relevant statutory provisions apply, or (ii) any employee or group of employees exposed to risks expressly provided for under the relevant statutory provisions, the employees concerned are protected against the dangers that specifically affect them. (2) Training under this section shall be adapted to take account of new or changed risks to safety, health and welfare at work and shall, as appropriate, be repeated periodically. (3) Training under this section shall be provided to employees— (a) on recruitment, (b) in the event of the transfer of an employee or change of task assigned to an employee, (c) on the introduction of new work equipment, systems of work or changes in existing work equipment or systems of work, and (d) on the introduction of new technology. (4) Where, in respect of any particular work, competency requirements are prescribed, the employer shall provide for the release of employees, during working hours, where appropriate, and without loss of remuneration, for the purpose of attending training in matters relating to safety, health and welfare at work as regards the particular work. (5) Every employer shall ensure that persons at work in the place of work concerned who are employees of another employer receive instructions relating to any risks to their safety, health and welfare in that place of work as necessary or appropriate. (6) Every employer who uses the services of a fixed-term employee or a temporary employee shall ensure that the employee receives the training appropriate to the work which he or she is required to carry out having regard to his or her qualifications and experience. Emergencies and serious and imminent dangers. 11.—(1) Without prejudice to the generality of section 8 , every employer shall, in preparing and revising as necessary adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger— (a) provide the necessary measures to be taken appropriate to the place of work for first aid, fire-fighting and the evacuation of employees and any other individual present in the place of work, taking account of the nature of the work being carried on and the size of the place of work, (b) arrange any necessary contacts with the appropriate emergency services, in particular with regard to first aid, emergency medical care, rescue work and fire-fighting, (c) for the purposes of implementing the plans, procedures and measures referred to in this section and section 8 (i) designate employees who are required to implement those plans, procedures and measures, and (ii) ensure that the number of those employees, their training and the equipment available to them are adequate, taking into account either or both the size of and specific hazards relating to the place of work. (2) In the event of an emergency or serious and imminent danger, an employer shall— (a) as soon as possible inform all employees concerned of the risk involved and of the steps taken or to be taken to protect them from it, (b) save in exceptional cases for the reasons specified in the plans and procedures referred to in subsection (1), refrain from requiring employees to carry out or resume work where there is still a serious and imminent danger to their safety and health, and (c) ensure that, in the absence of appropriate guidance or instruction and having regard to the knowledge of the employee and the technical means at his or her disposal, and where the employee's immediate superior responsible cannot be contacted, the employee concerned may take appropriate steps to avoid the consequences of the danger. (3) In the event of serious, imminent and unavoidable danger, an employer shall— (a) take action and give instructions to enable employees to either or both stop work and immediately leave the place of work and to proceed to a safe place, and (b) ensure that an employee who leaves a place of work is not penalised because of such action. (4) An employer shall ensure that only employees who have received appropriate instructions have access to the area of the place of work where a serious, specific danger exists. (5) This section does not apply to the following persons when they are engaged in activities relating to civil emergencies, public order, security or an act of war where any such activity prevents compliance with this section: (a) members of the Defence Forces; (b) members of the Garda Síochána; (c) employees of a fire authority (within the meaning of the Fire Services Act 1981 ); or (d) persons engaged in the activities of civil protection or civil defence. General duties of employers to persons other than their employees. 12.—Every employer shall manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being his or her employees) are not exposed to risks to their safety, health or welfare. Chapter 2 General Duties of Employee and Persons in Control of Places of Work Duties of employee. 13.—(1) An employee shall, while at work— (a) comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee's acts or omissions at work, (b) ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person, (c) if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed, (d) co-operate with his or her employer or any other person so far as is necessary to enable his or her employer or the other person to comply with the relevant statutory provisions, as appropriate, (e) not engage in improper conduct or other behaviour that is likely to endanger his or her own safety, health and welfare at work or that of any other person, (f) attend such training and, as appropriate, undergo such assessment as may reasonably be required by his or her employer or as may be prescribed relating to safety, health and welfare at work or relating to the work carried out by the employee, (g) having regard to his or her training and the instructions given by his or her employer, make correct use of any article or substance provided for use by the employee at work or for the protection of his or her safety, health and welfare at work, including protective clothing or equipment, (h) report to his or her employer or to any other appropriate person, as soon as practicable— (i) any work being carried on, or likely to be carried on, in a manner which may endanger the safety, health or welfare at work of the employee or that of any other person, (ii) any defect in the place of work, the systems of work, any article or substance which might endanger the safety, health or welfare at work of the employee or that of any other person, or (iii) any contravention of the relevant statutory provisions which may endanger the safety, health and welfare at work of the employee or that of any other person, of which he or she is aware. (2) An employee shall not, on entering into a contract of employment, misrepresent himself or herself to an employer with regard to the level of training as may be prescribed under subsection (1)(f). Interference, misuse, etc. 14.—A person shall not intentionally, recklessly or without reasonable cause— (a) interfere with, misuse or damage anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work, or (b) place at risk the safety, health or welfare of persons in connection with work activities. General duties of persons in control of place of work, etc. 15.—(1) This section applies to a person who has control to any extent of— (a) a non-domestic place of work that has been made available as a place of work to persons other than employees of the person to whom this section applies, (b) the means of access to or egress from that place of work, or (c) any article or substance provided for the use of persons at that place of work, other than employees of the person who has control of the article or substance, including a person who has control of a place of work or part of a place of work in connection with the carrying on by him or her of a trade, undertaking or business (whether for profit or not). (2) Where a person has, by virtue of any contract, tenancy, licence or other interest, an obligation to any extent— (a) to maintain or repair a place of work or the means of access thereto or egress therefrom, or (b) as regards the safety of, or the absence of risk to health arising from, any article or substance provided for use in, that place of work, the person is deemed, for the purposes of this section, to be a person to whom this section applies to the extent of his or her obligation. (3) A person to whom this section applies shall ensure, so far as is reasonably practicable, that the place of work, the means of access thereto, or egress therefrom, and any article or substance provided for use in the place of work, are safe and without risk to health. Chapter 3 General Duties of Other Persons General duties of designers, manufacturers, importers and suppliers of articles and substances. 16.—(1) A person who designs, manufactures, imports or supplies any article for use at work shall— (a) ensure, so far as is reasonably practicable, that the article is designed and constructed so as— (i) to be safe and without risk to health when properly used by a person at a place of work, and (ii) to comply with the relevant statutory provisions and with the provisions of any relevant enactment implementing any relevant directive of the European Communities, (b) ensure that the article undergoes appropriate levels of testing and examination to ensure compliance with paragraph (a), (c) provide or arrange for the provision of adequate information about the article to the persons to whom it is supplied to ensure its safe use, (d) ensure that persons to whom the article is supplied are provided with any revisions of the information provided under paragraph (c) as are necessary by reason of it becoming known that anything relating to the article gives rise to a serious risk to safety or health, (e) if the person has responsibility under a rental, leasing or other arrangement to do so, maintain the article in a safe condition and in compliance with the relevant statutory provisions, (f) comply with the relevant statutory provisions. (2) For the purposes of subsection (1)(c), adequate information includes information relating to— (a) the use for which the article has been designed, manufactured or tested, as the case may be, and (b) any conditions necessary to ensure its safe installation, use, maintenance, cleaning, dismantling or disposal without risk to safety or health. (3) A person who undertakes the design or manufacture of any article for use at work shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the design or article may give rise. (4) A person who erects, assembles or installs any article for use at a place of work where that article is to be used by persons at work shall ensure, so far as is reasonably practicable, that nothing in the manner in which it is erected, assembled or installed makes the article unsafe or a risk to health when used at the place of work. (5) A person who manufactures, imports or supplies a substance for use at work shall— (a) ensure, so far as is reasonably practicable, that the substance is safe and without risk to health when properly used by a person at a place of work, (b) ensure that the substance undergoes appropriate levels of testing and examination to ensure compliance with paragraph (a), (c) provide or arrange for the provision of adequate information about the substance to the persons to whom it is supplied to ensure its safe use, and (d) comply with the relevant statutory provisions and with the provisions of any relevant enactment implementing any relevant directive of the European Communities. (6) For the purposes of subsection (5)(c), adequate information includes information relating to— (a) the identification of the substance, (b) any risk to safety or health associated with its inherent properties, (c) the results of any relevant tests or examination which have been carried out on or in connection with the substance that are relevant to its safe use, and (d) any conditions necessary to ensure its safe use, handling, processing, storing, transportation or disposal without risk to safety or health. (7) A person who undertakes the manufacture of a substance, or in the case where the manufacture was undertaken outside the State, the importer, shall carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the substance may give rise when in use. (8) Nothing in subsections (1) to (7) shall be read as requiring a person to repeat any testing, examination or research which has been carried out otherwise than by or on behalf of the person, in so far as it is reasonable for the person to rely on the results of that testing, examination or research, for the purposes of those subsections. (9) Any duty imposed on a person by subsections (1) to (7) extends only to things done in the course of a trade, undertaking or business (whether for profit or not) carried on by the person and to matters within his or her control. (10) Where a person designs, manufactures, imports or supplies an article or substance for use at work and does so for or to another person on the basis of a written undertaking by that other person to take specified steps that are sufficient to ensure, so far as is reasonably practicable, that the article or substance shall be safe and without risk to health or safety when it is used at a place of work, the undertaking has the effect of relieving the person who designs, manufactures, imports or supplies the article or substance from the duty imposed by paragraphs (a) and (b) of subsection (1) and paragraphs (a) and (b) of subsection (5) to such extent as is reasonable having regard to the terms of the undertaking. (11) Nothing in subsection (9) or (10) relieves any person who imports any article or substance from any duty in respect of anything which— (a) in the case of an article designed outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article, or (b) in the case of an article or substance manufactured outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance. (12) Where a person (in this subsection referred to as “the supplier”) supplies to another person (in this subsection referred to as “the customer”) any article or substance for use at work under a hire-purchase agreement, a leasing agreement or credit-sale agreement, and the supplier— (a) carried on the business of financing the acquisition of goods by others by means of those agreements, and (b) in the course of that business acquired his or her interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third party, then that third party and not the supplier shall be treated for the purposes of this section as supplying the article or substance to the customer and any duty imposed by this section on suppliers shall, accordingly, fall on that third party and not on the supplier. (13) For the purposes of this section, an absence of safety or a risk to health shall be disregarded in so far as the case is or, in relation to which it would arise is shown to be, one the occurrence of which could not reasonably be foreseen and, in determining whether a duty imposed by paragraphs (a) and (b) of subsection (1) or paragraphs (a) and (b) of subsection (5) has been performed, regard shall be had to any relevant information or advice which has been provided to any person by the person who designed, manufactured, imported or supplied the article or by the person who manufactured, imported or supplied the substance. Duties related to construction work. 17.—(1) A person who commissions or procures a project for construction work shall appoint in writing a competent person or persons for the purpose of ensuring, so far as is reasonably practicable, that the project— (a) is designed and is capable of being constructed to be safe and without risk to health, (b) is constructed to be safe and without risk to health, (c) can be maintained safely and without risk to health during subsequent use, and (d) complies in all respects, as appropriate, with the relevant statutory provisions. (2) A person who designs a project for construction work shall ensure, so far as is reasonably practicable, that the project— (a) is designed and is capable of being constructed to be safe and without risk to health, (b) can be maintained safely and without risk to health during use, and (c) complies in all respects, as appropriate, with the relevant statutory provisions. (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. (4) For the purposes of this section, ‘project’ means any development which includes or is intended to include construction work. PART 3 Protective and Preventive Measures Protective and Preventive Measures. 18.—(1) Without prejudice to the generality of section 8 , an employer shall, for the purpose of complying with the relevant statutory provisions, appoint one or more competent persons to perform such functions as are specified by the employer, relating to the protection from and the prevention of risks to safety, health and welfare at work. (2) An employee appointed under subsection (1) as a competent person shall be allowed adequate time, with no loss of remuneration, to enable him or her to perform such functions as are specified by the employer. (3) Every employer shall— (a) ensure that— (i) the number of persons appointed, and (ii) the time available to them and the means at their disposal to perform their functions under this section, are adequate having regard to the size of the place of work, the risks to which employees are exposed and the distribution of those risks in the place of work, and (b) make arrangements for ensuring adequate co-operation between those persons and safety representatives (if any) appointed under section 25 whenever necessary. (4) Where there is a competent person in the employer's employment, that person shall be appointed for the purposes of this section in preference to a competent person who is not in his or her employment except where the knowledge and experience of the person first referred to is not adequate or appropriate to the functions conferred by this section. (5) An employer shall provide the competent person appointed under this section who is not in his or her employment with the following information: (a) the factors known by the employer to affect, or suspected by the employer of affecting, the safety, health and welfare of his or her employees; (b) the risks to safety, health and welfare and the protective and preventive measures and activities in respect of the place of work and the work carried out there; (c) the measures for the evacuation of employees and other persons to be taken under section 11 , including the employees designated to implement the plans and measures referred to in paragraphs (a) and (b) of subsection (1) of that section; and (d) such reasonable information about any person in the place of work concerned who is a fixed-term employee or a temporary employee as is …