51.—(1) As soon as practicable, but in any case not later than 3 months after the end of each year, the Authority shall prepare and submit a report (in this section referred to as the “annual report”) to the Minister and the Minister shall cause copies of the annual report to be laid before each House of the Oireachtas.
\n
(2)The annual report shall be in the form that the Minister may direct and shall include— (a) information on the performance of the Authority's functions during the year to which the report relates having regard to the strategy statement and work programme of the Authority, (b) information on the performance of any agreement under section 34
\n
(2), (c) information in relation to any annual report furnished to the Authority under section 33
\n
(3), and (d) any other information that the Authority considers appropriate or that the Minister may require.
\n
(3)The Authority— (a) may, as it considers appropriate, make any other reports to the Minister relating to its functions, and (b) shall publish its annual report.
\n
Chapter 2
\n
Staff of Authority Staff of Authority 52.—(1) The Authority may, with the consent of the Minister and the Minister for Finance, appoint such number of persons to be members of the staff of the Authority as it from time to time determines.
\n
(2)A member of the staff of the Authority (other than the Chief Executive) shall— (a) be employed on the terms and conditions (including terms and conditions relating to remuneration) that the Authority, with the consent of the Minister and the Minister for Finance, may determine, and (b) be paid out of moneys at the disposal of the Authority the remuneration and allowances for expenses (if any) incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.
\n
(3)The grades of the staff of the Authority, and the numbers of staff in each grade shall be determined by the Authority with the consent of the Minister and the Minister for Finance.
\n
(4)Notwithstanding the repeal of the Act of 1989 by section 4 , every person who, immediately before the commencement of that section, was a member of the staff of the Authority shall continue to be a member of the staff of the Authority and each such person shall not, after such commencement, be subject to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the said commencement.
\n
Remuneration of staff of Authority.
\n
53.—The Authority, in determining the remuneration or allowances for expenses to be paid to members of its staff (including the Chief Executive) or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant and to Government policy concerning remuneration and conditions of employment that is so extant and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions that the Minister may give to the Authority with the consent of the Minister for Finance.
\n
Transfer of officers etc., to Authority.
\n
54.—(1) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of the staff of, the Authority.
\n
(2)The Minister shall not make an order under subsection (1) without having notified in writing the officer concerned and any recognised trade unions or staff associations concerned and the Authority of his or her intention to do so and having considered any representations made by him or her, or by them or by any of them, in relation to the matter within the time specified in the notification.
\n
(3)Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer designated under subsection (1), who is transferred by that subsection to the staff of the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he or she was subject immediately before the day on which he or she was transferred.
\n
(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.
\n
(5)(a) The terms and conditions relating to tenure of office which are granted by the Authority to an officer designated under subsection (1) and transferred to its staff shall not, while he or she is in the service of the Authority, be less favourable to him or her than those applicable for the time being in the civil service. (b) Any alteration in the conditions in regard to tenure of office of any such officer shall not be such as to render those conditions less favourable to him or her than those applicable in the civil service at the time of the alteration, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. (c) If a dispute arises between the Authority and any such officer as to conditions applicable in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.
\n
(6)In relation to officers transferred to the staff of the Authority under subsection (1), previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2003, the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2001, the Unfair Dismissals Acts 1977 to 2001 and the Terms of Employment (Information) Acts 1994 and 2001.
\n
Code of conduct.
\n
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.
\n
(2)The Authority shall publish any code of conduct drawn up under subsection (1).
\n
Superannuation of staff of Authority.
\n
56.—(1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of its staff (including the Chief Executive).
\n
(2)A scheme under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of person.
\n
(3)The Authority may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section including a scheme under this subsection or a scheme to which subsection (5) applies.
\n
(4)A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.
\n
(5)Notwithstanding the repeal of the Act of 1989 by section 4 , any scheme for the granting of superannuation benefits to or in respect of any members of staff of the Authority in operation immediately before the commencement of the said section 4 shall continue in operation after such commencement.
\n
(6)A scheme or schemes under this section shall, as respects a person transferred under section 54 to be a member of the staff of the Authority, provide for the granting to or in respect of him or her of superannuation benefits upon and subject to terms and conditions that are not less favourable to him or her than the terms and conditions applied to him or her immediately before the day on which he or she was so transferred in relation to the grant of such benefits.
\n
(7)Where, during the period between commencement of this section and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 54 to the staff of the Authority in respect of his or her employment as an officer of the Minister, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and for that purpose his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service.
\n
(8)Subject to subsection (7), no superannuation benefit shall be granted by the Authority to or in respect of any members of its staff (including the Chief Executive) who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of any superannuation benefit to such persons, otherwise than in accordance with a scheme submitted and approved under this section or with the consent of the Minister and the Minister for Finance.
\n
(9)If a dispute arises as to the claim of a person to, or the amount of, a superannuation benefit payable in respect of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Finance.
\n
(10)The Minister shall cause every scheme submitted and approved under this section, including an amendment of a scheme, to be laid before each House of the Oireachtas as soon as practicable after it is approved and, if a resolution annulling the scheme is passed by either House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done under the scheme.
\n
PART 6
\n
Regulations, Codes of Practice and Enforcement
\n
Chapter 1
\n
Regulations and Codes of Practice Review of legislation.
\n
57.—(1) The Authority shall— (a) keep under review— (i) the relevant statutory provisions, and (ii) the associated statutory provisions, (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, (c) submit, from time to time, to the Minister and to the Minister having responsibility for any of the associated statutory provisions any proposals that it considers appropriate relating to those provisions or for making or revoking any instruments under those provisions, (d) undertake such reviews of relevant statutory provisions as the Minister may direct, and (e) assist in the preparation of draft legislation as the Minister may direct.
\n
(2)Before submitting proposals to the Minister, the Authority shall consult any other person or body that appears to the Authority to be appropriate having regard to the proposals to be submitted or as directed by the Minister.
\n
Regulations.
\n
58.—(1) Subject to subsections (2) and (3), the Minister may— (a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed, (b) make regulations generally for the purposes of giving full effect to this Act, and (c) without prejudice to the generality of paragraph (b), make regulations for or in respect of any of the matters set out in Schedule 7.
\n
(2)Before making regulations under this Act (other than as a consequence of a proposal made by the Authority under section 57 ), the Minister— (a) shall consult with the Authority, and (b) may publish in such manner as the Minister thinks fit notice of the Minister's intention to do so and shall give persons desiring to make representations in relation to the proposed regulations a period of 21 days to do so.
\n
(3)The Minister shall consult with the Authority before making regulations giving effect with modifications to any proposal made by the Authority under section 57 .
\n
(4)Regulations under this Act may— (a) contain any incidental, supplementary and consequential provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations, (b) apply either generally or to a specified class or classes of persons, places of work or work activities, article or substance or to any other matter that the Minister may consider to be appropriate, (c) include different provisions in relation to different classes of persons, place of work or work activity, article or substance, and (d) subject to subsection (5) and to any conditions that may be prescribed, exempt from all or any of the provisions of the relevant statutory provisions any specified class of work activity, employment, article or substance or any specified class of person or place of work, where, having regard to the class of work activity, employment, article, substance, person or place of work, the Minister is satisfied that the application of those provisions is unnecessary or impracticable and that adequate protective measures are in place.
\n
(5)Regulations made under this Act may apply to all work activities or to particular work activities, and they may also relate to— (a) one or more chemical, physical or biological agents, (b) the classification, packaging, labelling, marketing or use of any article or substance, (c) the control of major accident hazards, (d) the storage or transport of dangerous substances, or (e) factories, the extractive industries, office premises or to boilers.
\n
(6)Without prejudice to the generality of subsections (1) and (4), regulations under this Act may apply to— (a) employers or other persons who control places of work or specified places of work, (b) employees or a particular class of employees, (c) all work activities or particular work activities, (d) designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof), (e) a specified article or substance or an article or substance of a particular class.
\n
(7)Regulations made under this Act may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code of practice issued by the Authority in accordance with section 60 .
\n
(8)The provisions of this section shall be deemed to have been in operation on the commencement of section 28 of the Act of 1989 and to have been incorporated in that section from that date and every regulation made in exercise of the powers under that section and not revoked before the commencement of this section shall be deemed to have been made in the exercise of the powers under the provisions of that section, including the provisions of this section deemed to have been incorporated in that section by this subsection.
\n
(9)Every regulation or order (other than an order made under section 1
\n
(2)) under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation or order.
\n
(10)The power to make regulations under this section includes power to make provision by regulations to give effect to either— (a) any provision of the treaties of the European Communities, or (b) any act adopted by an institution of the European Communities, which regulates any of the matters set out in Schedule 7 .
\n
Miscellaneous adaptations.
\n
59.—References to the Minister (other than in respect of making rules, regulations, bye-laws, orders, exemptions or exceptions) contained immediately before the commencement of this Act in any existing enactment shall, insofar as they relate to functions exercisable by the Authority under this Act, be construed as references to the Authority.
\n
Codes of practice.
\n
60.—(1) For the purpose of providing practical guidance to employers, employees and any other persons to whom this Act applies with respect to safety, health and welfare at work, or the requirements or prohibitions of any of the relevant statutory provisions, the Authority— (a) may, and shall if so requested by the Minister, prepare and publish codes of practice, and (b) may approve of a code of practice or any part of a code of practice made or published by any other body.
\n
(2)Before publishing or approving of a code of practice or any part of a code of practice under this section, the Authority— (a) shall obtain the consent of the Minister, (b) may publish in such manner as the Authority considers appropriate a draft of the code of practice or sections of a draft code of practice and shall give persons one month from the date of publication of the draft code or sections within which to make written representations to the Authority in relation to the draft code or sections of the draft code, or such further period, not exceeding 28 days, as the Authority in its absolute discretion thinks fit, and (c) following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.
\n
(3)Where the Authority publishes or approves of a code of practice or approves of any part of a code of practice, it shall publish a notice of such publication or approval in Iris Oifigiúil and that notice shall— (a) identify the code, (b) specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the code is published or approved of, and (c) specify the date on which the code shall come into operation.
\n
(4)The Authority may with the consent of the Minister and following consultation with any other person or body that the Authority considers appropriate or as the Minister directs— (a) amend or revoke any code of practice or part of any code of practice prepared and published by it under this section, or (b) withdraw its approval of any code of practice or part of any code of practice approved by it under this section.
\n
(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.
\n
(6)The Authority shall make available for public inspection without charge at its principal office during normal working hours— (a) a copy of each code of practice published or approved by it, and (b) where a code of practice has been amended, a copy of the code as so amended.
\n
(7)Notwithstanding the repeal of the Act of 1989 by section 4 , a code of practice in operation immediately before the commencement of that section continues to be a code of practice as if prepared and published under this section.
\n
Use of codes of practice in criminal proceedings.
\n
61.—(1) Where in proceedings for an offence under this Act relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority under section 60 at the time of the alleged contravention, subsection (2) shall have effect with respect to that code of practice in relation to those proceedings.
\n
(2)(a) Where a code of practice referred to in subsection (1) appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice shall be admissible in evidence. (b) Where it is proved that any act or omission of the defendant alleged to constitute the contravention— (i) is a failure to observe a code of practice referred to in subsection (1), or (ii) is a compliance with that code of practice, then such failure or compliance is admissible in evidence.
\n
(3)A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible as evidence in any proceedings under this Act.
\n
Chapter 2
\n
Enforcement Authorisation of inspectors.
\n
62.—(1) The Authority or a person prescribed under section 33 may authorise such and so many persons as the Authority or person considers appropriate to be inspectors for the purposes of the enforcement of all or any of the relevant statutory provisions within the relevant area of responsibility in accordance with section 33 or 34 , as the case may be.
\n
(2)(a) An inspector shall be furnished with a certificate of authorisation as an inspector. (b) When exercising a power conferred on him or her by this section, an inspector shall, if requested by a person affected, produce the certificate of authorisation or a copy of it to that person and a form of personal identification.
\n
(3)An authorisation under this section shall cease when the Authority or a person prescribed under section 33 , as the case may be, revokes the authorisation.
\n
(4)Notwithstanding the repeal of the Act of 1989 by section 4 , an inspector authorised immediately before the commencement of that section under section 33 of the Act of 1989 continues to be an inspector as if authorised under this section.
\n
Medical examinations.
\n
63.—(1) The Authority or a person prescribed under section 33 may designate in writing any person, including an inspector, who is a registered medical practitioner to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority or a person prescribed under section 33 by a registered medical practitioner, and any person so designated may— (a) invite any person who, in his or her opinion, either has been or may be exposed in the course of his or her work to any risk of personal injury or other danger to his or her health, and (b) for the purpose of comparing with that of other persons the state of health of persons employed in different places of work or specified places of work or in different places in the same place of work, invite any person, to provide biological samples or to be examined medically, or both, at such place as the person so designated shall designate, either by him or her or on his or her behalf or by or on behalf of such other registered medical practitioner as he or she shall specify.
\n
(2)References in the relevant statutory provisions to “occupational medical adviser” shall be read as references to persons designated under this section.
\n
Powers of inspectors.
\n
64.—(1) An inspector shall, for the purposes of the relevant statutory provisions have power to do any one or more of the following: (a) subject to subsection (5), at any time enter any place— (i) which he or she has reasonable grounds for believing is used as a place of work, (ii) in which he or she has reasonable grounds for believing that articles or substances or records are kept, or (iii) to which the relevant statutory provisions apply, and inquire into, search, examine and inspect that place and any work activity, installation, process or procedure at that place which is subject to the relevant statutory provisions and any such articles, substances or records to ascertain whether the relevant statutory provisions have been or are being complied with and for those purposes take with him or her and use any equipment or materials required for those purposes; (b) direct that that place or any part of that place and anything in that place be left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry under the relevant statutory provisions; (c) direct that a safety statement be amended in accordance with section 20
\n
(5)(c); (d) require the employer, any employee, the owner or person in charge of the place to produce to the inspector any records and in the case of such information in a non-legible form to reproduce it in a legible form and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records; (e) inspect and take copies of or extracts from any such records or any electronic information system at the place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided; (f) require a person by whom or on whose behalf a computer is or has been used to produce or store records or any person having charge of, or otherwise concerned with the operation of the computer, to afford the inspector all reasonable assistance in relation thereto; (g) remove and retain the records (including documents stored in a non-legible form) and copies taken and detain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings; (h) require that records be maintained for such period of time as may be reasonable; (i) require the employer, any employee, the owner or person in charge of the place to give to the inspector any information that the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under the relevant statutory provisions; (j) require the employer, owner, any person in charge of the place or any employee to give to the inspector such assistance and facilities within the person's control or responsibilities as are reasonably necessary to enable the inspector to exercise any of his or her powers under the relevant statutory provisions; (k) summon, at a time and place specified by written notice to the person concerned, the employer, any employee, the owner or person in charge of the place to give to the inspector any information which the inspector may reasonably require in relation to the place, any article or substance, work activity, installation or procedure at the place, and to produce to the inspector any records that are in that person's power or control; (l) subject to subsection (9), examine any person whom the inspector reasonably believes to be able to give information relevant to any search, examination, investigation, inspection or inquiry under the relevant statutory provisions and require the person to answer such questions as the inspector may put relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers;
\n
(m) require that any article be operated or set in motion or that a procedure be carried out that may be relevant to any search, examination, investigation, inspection, or inquiry under the relevant statutory provisions; (n) take any measurements or photographs or make any tape, electrical or other recordings which the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under the relevant statutory provisions; (o) where appropriate, install, use and maintain in, at or on the place monitoring instruments, systems and seals for the purposes of the relevant statutory provisions; (p) there, or at any other place, carry out, or have carried out, such testing, examination or analysis of any article or substance found at the place, as he or she reasonably considers to be necessary, and for that purpose require the employer or owner or person in charge of the place to supply to the inspector without charge any article or substance or samples thereof, or remove any article, substance or samples thereof, for such testing, examination or analysis; (q) cause any article or substance found at the place which appears to the inspector to be or to have been a risk to safety or health, to be dismantled or subjected to any process or test in accordance with paragraph (p) (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of the relevant statutory provisions) and where an inspector proposes to exercise the power conferred by this paragraph in the case of an article or substance found at any place, he or she shall, if so requested by the employer, owner or person in charge of the place, cause anything which is to be done by virtue of that power to be done in the presence of that person; (r) take samples of the atmosphere in any place of work; (s) in relation to any article or substance found at the place in accordance with paragraph (q), to remove and retain it for such period as is necessary for all or any of the following purposes, namely: (i) to examine or arrange for the examination of it and do to it anything which he or she has power to do under paragraph (q); (ii) to ensure that it is not tampered with before the examination of it is completed; (iii) to ensure that it is available for use as evidence in any proceedings; (t) exercise such other powers as may be necessary for carrying out his or her functions.
\n
(2)Where an article or substance is used at work, and a request is made in that behalf by an inspector in the course of a search, examination, investigation, inspection or inquiry, the employer shall give to the inspector the name and address of the supplier from whom the article or substance was purchased or otherwise obtained.
\n
(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.
\n
(4)Where under the power conferred by subsection (1)(s) an inspector takes possession of any article or substance found at or in any place of work, he or she shall if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the place of work a portion of the sample marked in a manner sufficient to identify it.
\n
(5)An inspector shall not enter a dwelling other than— (a) with the consent of the occupier, or (b) in accordance with a warrant from a District Court issued under subsection (7) authorising such entry.
\n
(6)Where an inspector in the exercise of his or her powers under this section is prevented from entering any place, an application may be made to the District Court for a warrant under subsection (7) authorising such entry.
\n
(7)Without prejudice to the powers conferred on an inspector by or under any other provision of this section, if a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for believing that— (a) there are any articles or substances being used in a place of work or any records (including documents stored in a non-legible form) or information, relating to a place of work, that the inspector requires to inspect for the purposes of the relevant statutory provisions, held in, at or on any place or any part of any place, or (b) there is, or such an inspection is likely to disclose, evidence of a contravention of the relevant statutory provisions, the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place, if need be by reasonable force, and perform the functions conferred on an inspector by or under the relevant statutory provisions.
\n
(8)An inspector, where he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty or otherwise considers it necessary, may be accompanied by a member of the Garda Síochána or any other person authorised by the Authority, when performing any functions conferred on an inspector by or under the relevant statutory provisions.
\n
(9)No person is required on examination or inquiry under this section to give any answer or information tending to incriminate that person.
\n
(10)Where an inspector upon reasonable grounds believes that a person has committed an offence under the relevant statutory provisions he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
\n
Directions for improvement plan.
\n
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.
\n
(2)A direction given under subsection (1) shall— (a) identify the activity which is or is likely to be a risk, (b) require the submission to the inspector, within a period of one month, of an improvement plan specifying the remedial action proposed to be taken, (c) require the employer to implement the plan, and (d) include any other requirements that the inspector considers necessary.
\n
(3)Where there is a safety representative in a place of work in respect of which a direction is given under subsection (1), the inspector shall give a copy of the direction to the safety representative.
\n
(4)Within one month of receipt of an improvement plan submitted under subsection (2), an inspector, by written notice to the person who submitted the plan— (a) shall confirm whether or not he or she is satisfied that the plan is adequate, or (b) may direct that the plan be revised as specified in the notice and resubmitted to the inspector within a period specified in the notice.
\n
Improvement notice.
\n
66.—(1) An inspector who is of the opinion that a person— (a) is contravening or has contravened any of the relevant statutory provisions, or (b) has failed to comply with a direction under section 65
\n
(1)to submit an improvement plan or, in the case of a notice under section 65
\n
(4)(b), a revised improvement plan, or has failed to implement the improvement plan or revised improvement plan, may serve a written notice (in this Act referred to as an “improvement notice”) on the person who has or may reasonably be presumed to have control over the work activity concerned.
\n
(2)An improvement notice shall— (a) state that the inspector is of the opinion referred to in subsection (1), (b) state the reasons for that opinion, (c) identify the relevant statutory provision in respect of which that opinion is held, (d) specify the reasons why he or she is of that opinion, (e) direct the person to remedy the contravention or the matters occasioning that notice by a date specified in the notice, that shall not be earlier than the end of the period within which an appeal may be made under subsection (7), (f) include information regarding the making of an appeal under subsection (7), (g) include any other requirement that the inspector considers appropriate, and (h) be signed and dated by the inspector.
\n
(3)An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.
\n
(4)Where there is a safety representative in a place of work in respect of which an improvement notice is served under subsection (1), the inspector shall give a copy of the improvement notice to the safety representative and inform the safety representative in writing where an improvement notice is withdrawn under subsection (11).
\n
(5)A person on whom an improvement notice has been served who is of the opinion that the improvement notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the safety representative, if any.
\n
(6)Where a person on whom an improvement notice has been served confirms in writing to the inspector in accordance with subsection (5) that the matters referred to in the improvement notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the improvement notice.
\n
(7)A person aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served in the prescribed manner and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
\n
(8)A person who appeals under subsection (7) shall at the same time notify the Authority or the person prescribed under section 33 , as the case may be, of the appeal and the grounds for the appeal and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
\n
(9)Where an appeal under subsection (7) is taken, and the notice is not cancelled, the notice shall take effect on the later of— (a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or (b) the day specified in the notice.
\n
(10)Where there is no appeal under subsection (7), the notice shall take effect on the later of— (a) the end of the period for making an appeal, or (b) the day specified in the notice.
\n
(11)An inspector may— (a) withdraw an improvement notice at any time, or (b) where no appeal is made or pending under subsection (7), extend the period specified under subsection (2)(e).
\n
Prohibition notice.
\n
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.
\n
(2)A prohibition notice shall— (a) state that the inspector is of the opinion referred to in subsection (1), (b) state the reasons for that opinion, (c) specify the activity in respect of which that opinion is held, (d) where in his or her opinion the activity involves a contravention, or likely contravention, of any of the relevant statutory provisions, specify the relevant statutory provision, (e) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and (f) be signed and dated by the inspector.
\n
(3)A prohibition notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.
\n
(4)Where there is a safety representative in a place of work in respect of which a prohibition notice is served under subsection (1), the inspector shall give a copy of the prohibition notice to the safety representative and inform the safety representative in writing where a prohibition notice is withdrawn under subsection (12).
\n
(5)A prohibition notice shall take effect— (a) immediately the notice is received by the person on whom it is served, or (b) where an appeal is taken, on the later of the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice.
\n
(6)The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (5) shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.
\n
(7)A person aggrieved by a prohibition notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
\n
(8)Where, on the hearing of an appeal under this section, a prohibition notice is confirmed, notwithstanding subsection (5), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.
\n
(9)A person who— (a) appeals under subsection (7), or (b) applies for a direction suspending the application of a prohibition notice under subsection (8), shall at the same time notify the Authority or a person prescribed under section 33 , as the case may be, of the appeal or the application and the grounds for the appeal or the application and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.
\n
(10)A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the notice have been remedied by the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied and shall give a copy of the confirmation to the safety representative, if any.
\n
(11)Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with subsection (10) that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the prohibition notice.
\n
(12)An inspector may at any time withdraw a prohibition notice by written notice to the person on whom it was served where— (a) the inspector is satisfied that the activity to which the notice relates no longer involves a risk of serious personal injury to any person, or (b) the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.
\n
(13)The withdrawal of a notice under subsection (12) has effect when the notice of withdrawal is given to the person on whom the prohibition notice was served.
\n
(14)The withdrawal of a notice under this section does not prevent the service of any other prohibition notice.
\n
Contravention of prohibition notice — application to High Court.
\n
68.—(1) Where a prohibition notice has been served under section 67 and activities are carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.
\n
(2)An application to the High Court for an order under subsection (1) may be ex parte and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate, and the order by which an application under this subsection is determined may contain such terms and conditions (if any) regarding the payment of costs that the Court considers appropriate.
\n
Notices to be displayed.
\n
69.—Where an improvement notice or a prohibition notice is served, the person to whom it is addressed shall on receipt of the notice— (a) bring the notice to the attention of any person whose work is affected by the notice, and (b) display the notice or a copy of the notice in a prominent place at or near any place of work, article or substance affected by the notice.
\n
Investigations and special reports.
\n
70.—(1) Without prejudice to this Chapter and subject to subsection (6), the Authority may at any time direct any of its staff or any other competent person as it considers appropriate to— (a) investigate the causes and circumstances surrounding any accident, incident, personal injury, occurrence or situation or any other matter related to the general purposes of this Act, and (b) make a report (in this Act referred to as a “special report”) of the investigation to the Authority.
\n
(2)A person, who is not an inspector, carrying out an investigation under this section shall, for the purposes of the investigation, have all the powers of an inspector under this Act.
\n
(3)In the case of a person directed to carry out an investigation and make a special report under subsection (1) (other than a member of the staff of the Authority), the Authority may pay to the person such fees and expenses as the Minister may determine with the approval of the Minister for Finance.
\n
(4)The Authority may, to the extent that the Minister may determine, discharge the costs, other than those incurred under subsection (3), if any, incurred in the preparation of a special report.
\n
(5)A copy of a special report made under subsection (1) shall be presented to the Minister as soon as practicable and the Authority may cause the report to be made public in such manner as it considers appropriate.
\n
(6)The Authority in discharging its functions under subsection (1) shall not, save with the consent of the Minister given with the concurrence of any other Minister of the Government that he or she considers appropriate, investigate, examine or inquire into any of the following— (a) an accident within the meaning of the Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations 1997 ( S.I. No. 205 of 1997 ), (b) a rail accident, or (c) a marine casualty (within the meaning of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 ).
\n
Order of High Court as to use of place of work.
\n
71.—(1) Where the Authority or a person prescribed under section 33 , as the case may be, considers that the risk to the safety, health or welfare of persons is so serious that the use of a place of work or part of a place of work should be restricted or immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or the person prescribed under section 33 may apply, ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part of a place of work accordingly.
\n
(2)The Court may make any interim or interlocutory order that it considers appropriate.
\n
(3)Any order made by the Court under this section shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the place of work or part of the place of work to which the application under this section relates.
\n
(4)On an application by any person for the revocation or variation of an order under subsection (1), the Authority or a person prescribed under section 33 , as appropriate, shall be entitled to be heard.
\n
Chapter 3
\n
Obtaining and Disclosure of Information Power to require information.
\n
72.—(1) The Authority or a person prescribed under section 33 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 section 33 may reasonably require in performing its functions.
\n
(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.
\n
(3)A person on whom an information notice is served under this section may, within 7 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
\n
(4)Where, on the hearing of an appeal under subsection (3), a notice is confirmed or varied, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.
\n
(5)A person on whom an information notice is served shall comply with the notice before the later of— (a) where no appeal is made against the notice under subsection (3)— (i) the end of the period for bringing an appeal under that subsection, (ii) the end of the period specified in the notice for the purpose of giving the specified information, or (iii) where the period referred to in subparagraph (ii) is extended under subsection (2), the end of that extended period, (b) where an appeal is made and the information notice is confirmed or varied or the appeal is withdrawn— (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 (iii) where the operation of the notice has been suspended in accordance with subsection (3), on the expiration of the period that the judge of the District Court considered appropriate for the purpose of that subsection.
\n
Prohibition on unauthorised disclosure of confidential information.
\n
73.—(1) Save as otherwise provided by law and subject to subsection (2), a person shall not, unless duly authorised by the Authority, disclose confidential information obtained by the person while performing or as a result of performing any functions as— (a) a member of the Authority, (b) a member of the staff (including the Chief Executive) of the Authority, (c) a member of an advisory committee, or (d) a consultant or adviser to the Authority or an employee of such person.
\n
(2)Subsection (1) does not prohibit the disclosure of information by means of a report made— (a) to the Authority, (b) to the Minister, by or on behalf of the Authority, or (c) to a coroner holding an inquest under the Coroners Act 1962 on the body of a person whose death may have been caused through personal injury.
\n
(3)The Freedom of Information Act 1997 is amended in the Third Schedule thereto— (a) by the deletion— (i) in column (1), of “ No. 7 of 1989 ”, (ii) in column (2), of “Safety, Health and Welfare at Work Act 1989.”, and (iii) in column (3), of “Section 45.”, and (b) by the addition to Part 1 at the end thereof— (i) in column (2), of “Safety, Health and Welfare at Work Act 2005.”, and (ii) in column (3), of “
\n
Section 73
\n
.”.
\n
Amendment of Freedom of Information Act 1997.
\n
74.—The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003 ), 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),”.
\n
Disclosure of information.
\n
75.—(1) The Revenue Commissioners may, where they consider it appropriate for the purpose of facilitating the exercise or performance by the Authority or a person prescribed under section 33 of any of their powers or duties under the relevant statutory provisions, authorise the disclosure to the Authority or to a person prescribed under section 33 or to an inspector of the Authority or of a person prescribed under section 33 of any information obtained by the Revenue Commissioners in relation to articles or substances imported into the State.
\n
(2)The Minister for Health and Children and the Minister for Social and Family Affairs may give to the Authority or a person prescribed under section 33 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.
\n
(3)A member of the Garda Síochána may give to the Authority or a person prescribed under section 33 such information in relation to personal injury to a person at work as may be necessary for enforcement of the relevant statutory provisions.
\n
(4)The Minister, following consultation with any other Minister of the Government that he or she considers appropriate, may prescribe persons requiring them to give to the Authority or a person prescribed under section 33 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.
\n
Disclosure of information by inspector in certain circumstances.
\n
76.—(1) An inspector shall, where he or she considers it necessary to do so for the purpose of providing adequate information to employees and their safety representatives (if any) at any place of work in relation to their safety, health and welfare at work, give to those employees and their safety representatives (if any) the following information— (a) subject to subsection (3), factual information obtained by the inspector under the relevant statutory provisions relating to the place of work concerned or any article or substance or any activity being carried on in the place of work, and (b) information with respect to any action which the inspector has taken or proposes to take in or in connection with that place of work in performing his or her functions.
\n
(2)Where an inspector gives any information to employees or their safety representatives under subsection (1) he or she shall give the same information to the employer concerned.
\n
(3)(a) An inspector shall not disclose any information relating to any manufacturing, trade or commercial secrets or work processes that was obtained by the inspector in the performance of his or her functions under this Act. (b) Paragraph (a) does not prevent the disclosure of information where that disclosure is— (i) for the purpose of his or her functions under this Act, (ii) made with the relevant consent, or (iii) for the purposes of any legal proceedings or of any investigation or special report under section 70 .
\n
PART 7
\n
Offences and Penalties Offences.
\n
77.—(1) A person commits an offence where he or she— (a) fails to discharge a duty to which he or she is subject under sections 25
\n
(4), (5) and (6), 26
\n
(1), (4), (5) and (6) and section 69 , (b) prevents or attempts to prevent any person from answering any question to which an inspector may require an answer under section 64 , (c) fails to submit an improvement plan to an inspector within the time specified in a direction under section 65 , (d) fails to implement an improvement plan the adequacy of which has been confirmed in accordance with section 65 , (e) contravenes any requirement imposed by a notice requiring information under section 72 , or (f) prevents, obstructs, impedes or delays an officer of customs and excise in the exercise of any of the powers conferred on him or her by section 87 .
\n
(2)A person commits an offence where he or she— (a) fails to discharge a duty to which he or she is subject by virtue of sections 8 , 9 , 10 , 11(1) to (4), 12 , 13 and 15 to 23 , (b) contravenes section 14 , (c) except for the provisions of this section as they apply to this Act, contravenes the relevant statutory provisions, (d) prevents, obstructs, impedes or delays an inspector from exercising any functions conferred on him or her by this Act, (e) fails to comply with a bona fide request, instruction or directions from an inspector in the exercise of his or her statutory functions, (f) where any person makes a statement to an inspector which he or she knows to be false or recklessly makes a statement which is false where the statement is made— (i) in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions, or (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, (g) makes a false entry intentionally in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, makes use of any such entry which he or she knows to be false, (h) produces or causes to be produced or allows to be produced to an inspector any record which is false or misleading in any respect knowing it to be so false or misleading, (i) forges or uses a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose under the relevant statutory provisions with the intent to deceive, or makes or has in his or her possession a document so closely resembling any such document as to be calculated to deceive, (j) falsely represents himself or herself to be an inspector, (k) contravenes any requirement of an improvement notice served under section 66 , or (l) carries on any activity in contravention of a prohibition notice served under section 67 .
\n
(3)A person who, at any time during the period of 3 months after a notice or document is affixed under section 3
\n
(1)(d) removes, alters, damages or defaces the notice or document without lawful authority, commits an offence.
\n
(4)A person commits an offence if he or she— (a) obstructs or impedes a member of the Garda Síochána in the exercise of a power conferred on him or her or by a warrant under section 64
\n
(7), (b) refuses to produce any record that an inspector lawfully requires him or her to produce, or (c) gives to an inspector information that the person knows is false or misleading.
\n
(5)It is an offence to contravene any order or orders made under section 71 .
\n
(6)A person who, without reasonable cause, fails or refuses to comply with a requirement specified in an information notice or who in purported compliance with such a requirement furnishes information to the Authority that the person knows to be false or misleading in a material respect commits an offence.
\n
(7)A person who contravenes section 73 commits an offence.
\n
(8)(a) A person convicted of an offence under any of the relevant statutory provisions may, in addition to any fine that may be imposed, be ordered to take steps within a specified time to remedy the matters in respect of which the contravention occurred (and may on application extend the time so specified) and any person who fails to comply with any such order within the specified time (as extended) commits an offence. (b) The time specified under paragraph (a) may be extended at the discretion of the court on application made by the person to whom the order is addressed.
\n
(9)(a) Subject to paragraph (b), if a person suffers any personal injury as a consequence of the contravention of any of the relevant statutory provisions by a person on whom a duty is imposed by sections 8 to 12 inclusive and 14 to 17 inclusive, the person on whom the duty is imposed commits an offence. (b) A person does not commit an offence under paragraph (a)— (i) if a prosecution against the person in respect of the act or default by which the personal injury was caused has been heard and dismissed before the personal injury occurred, or (ii) in the case of personal injury excluding death, where that injury was not caused directly by the alleged contravention.
\n
(10)(a) Without prejudice to subsection (12), where a person is charged with a summary offence under any of the relevant statutory provisions, the person is entitled, upon information duly laid by him or her and on giving to the prosecution not less than 3 days notice in writing of his or her intention, to have any other person whom he or she charges as the actual offender brought before the court at the time appointed for hearing the matter (whether or not the other person is his or her employee or agent). (b) If the commission of the offence is proved and the first person charged proves to the satisfaction of the court that he or she used all diligence to enforce the relevant statutory provisions and that the other person whom he or she charges as the actual offender committed the offence without his or her consent, connivance or wilful default, that other person shall be summarily convicted of the offence and the first person is not guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. (c) The prosecution shall in any case to which this subsection applies have the right to cross-examine the first person charged if he or she gives evidence and any witnesses called by him or her in support of his or her charge, and to adduce rebutting evidence.
\n
(11)Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.
\n
(12)Nothing in the relevant statutory provisions shall operate so as to afford an employer a defence in any criminal proceedings for a contravention of those provisions by reason of any act or default of— (a) his or her employee, or (b) a competent person appointed by the employer under section 18.
\n
Penalties.
\n
78.—(1) A person guilty of an offence under section 39
\n
(17)(e) of the Redundancy Payments Act 1967 as applied to this Act by section 29
\n
(7), or 77
\n
(1)is liable on summary conviction to a fine not exceeding €3,000.
\n
(2)A person guilty of an offence— (a) under section 77
\n
(2)to (8) and (9)(a), (b) which consists of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Authority or, a person prescribed under section 33 , something for the doing of which such a licence is necessary under the relevant statutory provisions, or (c) which consists of contravening a term of or a condition or restriction attached to any such licence as is mentioned in paragraph (b), is liable— (i) on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both, or (ii) on conviction on indictment to a fine not exceeding €3,000,000 or imprisonment for a term not exceeding 2 years or both.
\n
(3)Nothing in this section shall be construed as creating an indictable offence in respect of regulations made under the European Communities Act 1972 .
\n
(4)Where a person is convicted of an offence under the relevant statutory provisions in proceedings brought by the Authority or a prescribed person under section 33 , the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the prescribed person under section 33 the costs and expenses measured by the court, incurred by the Authority or the prescribed person under section 33 in relation to the investigation, detection and prosecution of the offence including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees of or consultants and advisers engaged by the Authority or the prescribed person under section 33 , as the case may be.
\n
Provisions regarding certain offences.
\n
79.—(1) If an inspector has reasonable grounds for believing that a person is committing or has committed a prescribed offence under the relevant statutory provisions, he or she may serve the person with a notice in the prescribed form stating that— (a) the person is alleged to have committed the offence, and (b) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
\n
(2)A person on whom a notice is served under subsection (1) may, during the period of 21 days beginning on the day of the notice, make to the Authority or to a person prescribed under section 33 , as appropriate, at the address specified in the notice a payment not exceeding €1,000 as may be prescribed.
\n
(3)Where a notice is served under subsection (1)— (a) the Authority or a person prescribed under section 33 , as specified in the notice, may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstance by the person who made it, and (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.
\n
(4)In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the accused.
\n
Liability of directors and officers of undertakings.
\n
80.—(1) Where an offence under any of the relevant statutory provisions has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised, or consented to by, or is attributable to connivance or neglect on the part of, a person, being a director, manager or other similar officer of the undertaking, or a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
\n
(2)Where a person is proceeded against as aforesaid for such an offence and it is proved that, at the material time, he or she was a director of the undertaking concerned or a person employed by it whose duties included making decisions that, to a significant extent, could have affected the management of the undertaking, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is proved, that the doing of the acts by the undertaking which constituted the commission by it of the offence concerned under any of the relevant statutory provisions was authorised, consented to or attributable to connivance or neglect on the part of that person.
\n
(3)Where the affairs of a body corporate are managed by its members, subsections (1) and (2) shall apply in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.
\n
Onus of proof.
\n
81.—In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.
\n
Prosecution of offences.
\n
82.—(1) Subject to subsection (2), summary proceedings in relation to an offence under any of the relevant statutory provisions may be brought and prosecuted by the Authority.
\n
(2)Summary proceedings in relation to an offence under any of the relevant statutory provisions may be brought and prosecuted by a person prescribed under section 33 whose function it is, in accordance with any of the relevant statutory provisions, to enforce the provision concerned.
\n
(3)Notwithstanding section 10
\n
(4)of the Petty Sessions (Ireland) Act 1851 , but without prejudice to subsection (4), summary proceedings for an offence under any of the relevant statutory provisions may be instituted at any time within 12 months from the date on which the offence was committed.
\n
(4)Where a special report on any matter to which section 70 applies is made and it appears from the report that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject matter of the report, summary proceedings against any person liable to be proceeded against in respect of the contravention may be instituted at any time within 6 months of the making of the report or 12 months after the date of the contravention, whichever is the later.
\n
Appeals from orders.
\n
83.—Any person (including the Authority or a person prescribed under section 33 ) aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to a judge of the Circuit Court within whose circuit is situated the District Court in which the decision was given, and the decision of the judge of the Circuit Court on any such appeal shall be final and conclusive.
\n
Evidence.
\n
84.—(1) If a person is found to be carrying on a work activity in any place of work at any time at which work is being carried on, he or she shall, until the contrary is proved, be deemed for the purposes of this Act to have been employed in that place of work either by the person who has or who may reasonably be presumed to have overall control over the work activity concerned or by another employer carrying on work activities in that place of work.
\n
(2)Where any entry is required by any of the relevant statutory provisions to be made in any record, the entry made by an employer or on behalf of an employer shall, as against the employer, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any of the relevant statutory provisions has not been made, shall be admissible as evidence that the provision has not been observed.
\n
(3)In any proceedings under this Act a copy record may be given in evidence and shall be prima facie evidence of the facts stated in it, if the court is satisfied as to the reliability of the system used to make the copy record and the original entry on which it was based.
\n
Publication of names of certain persons.
\n
85.—(1) The Authority may from time to time compile a list of names and addresses and the description of business or other activity of every person— (a) on whom a fine or other penalty was imposed by a court under any of the relevant statutory provisions, (b) on whom a prohibition notice was served under section 67 , or (c) in respect of whom an interim or interlocutory order was made under section 71 .
\n
(2)The Authority may at any time cause any list referred to in subsection (1) to be published in such manner as it considers appropriate.
\n
(3)Any list referred to in subsection (1) shall specify in respect of each person named in the list such particulars, as the Authority thinks fit, of— (a) the matter occasioning any fine, penalty, notice or order, as the case may be, imposed on the person, and (b) any fine, penalty, notice or order occasioned by the matter referred to in paragraph (a).
\n
PART 8
\n
Miscellaneous Indemnification of inspectors, etc.
\n
86.—(1) Where the Authority or a person prescribed under section 33 is satisfied that any inspector appointed by the Authority or a person prescribed under section 33 , or any employee of the Authority or person prescribed under section 33 has carried out his or her duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, the Authority or the person prescribed under section 33 , as the case may be, shall indemnify the inspector or other employee against all actions or claims howsoever arising in respect of the carrying out by him or her of those duties.
\n
(2)No action or other proceedings shall lie or be maintainable against the Authority, any person prescribed under section 33 or any person referred to in section 34
\n
(2)(a) for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions imposed on the Authority, any person prescribed under section 33 or any person referred to in section 34
\n
(2)(a).
\n
Powers of officer of customs and excise to detain articles, etc.
\n
87.—For the purpose of facilitating the exercise or performance by the Authority of any powers or duties conferred on it under any of the relevant statutory provisions, an officer of customs and excise, when authorised to do so by the Revenue Commissioners following a written request in that behalf by the Authority or a person prescribed under section 33 , may detain any article or substance being imported for so long as is reasonably necessary for an inspector to examine it for the purposes of this Act, which period shall not in any case exceed 48 hours from the time when the article or substance concerned is detained.
\n
Licences.
\n
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 section 33 , which licence the Authority or the person so prescribed is hereby authorised to issue.
\n
(2)The Authority or a person prescribed under section 33 may attach such conditions to a licence issued in accordance with subsection (1) as it thinks proper including conditions as to its expiry or revocation.
\n
(3)The Authority or a person prescribed under section 33 may at its discretion grant or refuse an application for a licence under this section.
\n
(4)The Authority or a person prescribed under section 33 may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.
\n
(5)(a) The Authority or a person prescribed under section 33 shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper. (b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.
\n
(6)If the Authority or a person prescribed under section 33 refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority or person so prescribed shall, at his or her request, deliver to him or her a certificate stating the grounds on which it has refused a licence or attached the conditions.
\n
(7)The applicant may appeal to the High Court from the decision of the Authority or a person prescribed under section 33 within 10 days after receipt of the certificate or such further time as the High Court may allow.
\n
(8)On the hearing of an appeal from a decision of the Authority or a person prescribed under section 33 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 section 33 to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.
\n
(9)A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.
\n
Amendment of National Standards Authority of Ireland Act 1996.
\n
89.—
\n
Section 32
\n
of the National Standards Authority of Ireland Act 1996 is amended by inserting the following after subsection (4): “(5) The powers of prosecution conferred on the Director of Consumer Affairs under this section shall be deemed to be functions of the Director for the purposes of sections 9 and 16 of the Consumer Information Act 1978 .”.
\n
SCHEDULE 1 Associated Statutory Provisions
\n
Section 2
\n
.
\n
Chapter, Number and Year
\n
(1)Short Title
\n
(2)Associated Statutory Provisions
\n
(3)5 & 6 Vict., c. 55 Regulation of Railways Act 1842 The whole Act 34 & 35 Vict., c. 78 Regulation of Railways Act 1871 The whole Act 38 & 39 Vict., c. 17 Explosives Act 1875 The whole Act Merchant Shipping Acts 1894 to 2000 The whole Acts 1894 c. 28 Notice of Accidents Act 1894 The whole Act 1900 c. 27 Railway Employment (Prevention of Accidents) Act 1900 The whole Act Electricity (Supply) Acts 1927 to 2004 The whole Acts No. 40 of 1936 Air Navigation and Transport Act 1936
\n
Section 60
\n
No. 12 of 1961 Poisons Act 1961 Sections 14 and 15 Road Traffic Acts 1961 to 2004 The whole Acts No. 30 of 1976 Gas Act 1976 Sections 7, 8(2) (as substituted by section 11 of the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002)) and 38 No. 9 of 1987 Gas (Amendment) Act 1987 Sections 2(1) and (2) No. 10 of 2002 Gas (Interim) (Regulation) Act 2002
\n
Section 11
\n
No. 27 of 1993 Social Welfare (Consolidation) Act 1993
\n
Chapter 10 of Part II
\n
No. 30 of 1981 Fire Services Act 1981
\n
Section 3 and Parts 1, II and III
\n
No. 15 of 2003 Licensing of Indoor Events Act 2003
\n
Part III
\n
No. 6 of 1987 Air Pollution Act 1987 The whole Act SCHEDULE 2 Existing Enactments Sections 2 and 4 .
\n
PART 1
\n
Enactments Chapter, Number and Year
\n
(1)Title
\n
(1)45 & 46 Vict., c. 22 Boiler Explosions Act 1882 53 & 54 Vict., c. 35 Boiler Explosions Act 1890 No. 7 of 1965 Mines and Quarries Act 1965 Dangerous Substances Acts 1972 and 1979 Safety in Industry Acts 1955 and 1980 Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995 No. 7 of 1989 Safety, Health and Welfare at Work Act 1989
\n
PART 2
\n
Regulations made under the European Communities Act 1972 which are Existing Enactments
\n
Section 2
\n
.
\n
1986 European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations 1986 ( S.I. No. 292 of 1986 ) 1989 European Communities (Protection of Workers) (Exposure to Asbestos) Regulations 1989 (S.I. No. 34) European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations 1989 ( S.I. No. 194 of 1989 ) 1990 European Communities (Protection of Workers) (Exposure to Noise) Regulations 1990 ( S.I. No. 157 of 1990 ) 1992 European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations 1992 ( S.I. No. 21 of 1992 ) 1993 European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 1993 ( S.I. No. 276 of 1993 ) 1999 European Communities (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 1999 ( S.I. No. 83 of 1999 ) 2000 European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 2000 ( S.I. No. 74 of 2000 ) European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 ( S.I. No. 476 of 2000 ) 2001 European Communities (Safety Advisers for Transport of Dangerous Goods by Road and Rail) Regulations 2001 ( S.I. No. 6 of 2001 ) European Communities (Machinery) Regulations 2001 ( S.I. No. 518 of 2001 ) 2002 European Communities (Export and Import of Certain Dangerous Chemicals) (Industrial Chemicals) (Enforcement) Regulations 2002 ( S.I. No. 395 of 2002 ) 2003 European Communities (Classification, Packaging and Labelling and Notification of Dangerous Substances) Regulations 2003 ( S.I. No. 116 of 2003 ) European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003 ( S.I. No. 220 of 2003 ) European Communities (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2003 ( S.I. No. 402 of 2003 ) European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2003 ( S.I. No. 503 of 2003 ) 2004 European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations 2004 ( S.I. No. 62 of 2004 ) European Communities (Transportable Pressure Equipment) Regulations 2004 ( S.I No. 374 of 2004 ) European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2004 ( S.I. No. 852 of 2004 ) SCHEDULE 3 General Principles of Prevention
\n
Section 8
\n
.
\n
1.The avoidance of risks.
\n
2.The evaluation of unavoidable risks.
\n
3.The combating of risks at source.
\n
4.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.
\n
5.The adaptation of the place of work to technical progress.
\n
6.The replacement of dangerous articles, substances or systems of work by safe or less dangerous articles, substances or systems of work.
\n
7.The giving of priority to collective protective measures over individual protective measures.
\n
8.The development of an adequate prevention policy in relation to safety, health and welfare at work, which takes account of technology, organisation of work, working conditions, social factors and the influence of factors related to the working environment.
\n
9.The giving of appropriate training and instructions to employees.
\n
SCHEDULE 4 Safety Committees
\n
Section 26
\n
.
\n
1.Should they so wish the employees employed in a place of work to which section 26 applies may select and appoint from amongst their number members of a safety committee to perform the functions assigned to safety committees under this Act.
\n
2.The number of members of a safety committee shall not be less than 3 and shall not exceed one for every 20 persons employed in a place of work at the time when the committee is appointed or 10, whichever is the less.
\n
3.Where pursuant to paragraph 2 the number of members of which a safety committee is to be comprised is— (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) more than 8, 3 members of the committee may be appointed by the employer and the remaining members may be selected and appointed by the employees.
\n
4.Where, in a place of work, a safety representative or representatives have been appointed under section 25 , at least one such safety representative shall be selected and appointed by the employees to be a member of the committee.
\n
5.Where a safety committee is appointed under section 26 the following provisions shall have effect— (a) the safety committee shall assist the employer and employees concerned in relation to the relevant statutory provisions, (b) the quorum for a meeting of a safety committee shall be such number, being not less than 3, as shall for the time being be fixed by the committee, (c) where a member of a safety committee ceases to be employed in the place of work concerned, he or she shall at the same time cease to be a member of the committee, (d) the employer shall be entitled to attend personally, or to nominate a person or persons to attend on his or her behalf at each meeting of the safety committee, (e) the employer or his or her nominee or nominees shall attend the first meeting of the safety committee and shall, as soon as may be after it is available, present to the members of the safety committee the statement required under section 20 , and (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.
\n
6.On a request being made in that behalf by a safety committee, the employer shall consult with the safety committee with the object of reaching agreement concerning— (i) facilities for holding meetings of the safety committee, and (ii) the frequency, duration and times of meetings of the safety committee.
\n
7.Subject to the terms of any agreement between the employer and a safety committee, meetings of the safety committee shall be held from time to time on such days as the committee shall decide and such meetings may be held during normal working hours, without loss of remuneration to the members of the committee if the following conditions are satisfied, namely: (i) except in the case of an emergency such meeting shall not be held more frequently than once every three months; (ii) the duration of each such meeting shall not exceed one hour; (iii) the number of members of the safety committee attending such a meeting shall be at least such as is required to form a quorum, and (iv) the times at which the meetings of the safety committee are held shall be compatible with the efficient operation of the place of work.
\n
SCHEDULE 5 The Authority Sections 32 and 37 .
\n
1.In this Schedule, except where the context otherwise requires, “member” means a member of the Authority, including the chairperson.
\n
2.(1) The seal of the Authority shall be authenticated by the signature of— (a) the chairperson of the Authority or other member authorised by the Authority to act in that behalf, and (b) the Chief Executive or a member of staff of the Authority authorised by the Authority to act in that behalf.
\n
(2)Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by, and to be sealed with the seal of, the Authority (purporting to be authenticated in accordance with subparagraph (1)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
\n
3.Subject to this Act, a member shall hold office on the terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) that may be determined by the Minister, with the consent of the Minister for Finance.
\n
4.A member shall be appointed by the Minister in a part-time capacity and shall hold office for 3 years and a member whose term of office expires shall be eligible for reappointment.
\n
5.A member shall not be eligible for reappointment where he or she has served 2 terms of office.
\n
6.A member may resign from office by written notice given to the Minister and the resignation shall take effect on the date specified in the notice or on the date on which the Minister receives the notice, whichever is the later.
\n
7.The Minister may remove a member from office— (a) if the member becomes incapable through ill-health of effectively performing his or her functions, (b) for stated misbehaviour, or (c) if the member's removal appears to the Minister to be necessary for the effective performance by the Authority of its functions, and the Minister shall cause to be laid before each House of the Oireachtas a written statement of the reasons for any such removal.
\n
8.A member shall cease to be and shall be disqualified from being a member where the member— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is convicted of an indictable offence, (d) is sentenced to a term of imprisonment by a court of competent jurisdiction, or (e) is disqualified or restricted from being a director of any company (within the meaning of the Companies Acts 1963 to 2003).
\n
9.(1) The Minister may appoint a person to fill a casual vacancy which arises in the membership of the Authority due to the death, resignation, disqualification or removal from office of a member and the person so appointed shall be appointed in the same manner as the member who occasioned the casual vacancy.
\n
(2)A person appointed to be a member under this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy.
\n
10.(1) A member of the Authority who is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, thereupon ceases to be a member of the Authority.
\n
(2)A member of the staff of the Authority who is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, 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.
\n
(3)A period referred to in subparagraph (2) shall not be reckoned as service with the Authority for the purposes of any superannuation benefits, gratuities or other allowances payable on death, retirement or resignation.
\n
(4)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in the House or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified from becoming a member of, or from employment in any capacity by, the Authority.
\n
(5)The Authority shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this paragraph from becoming a member of the Authority.
\n
11.(1) The Authority shall hold such and so many meetings as may be necessary for performing its functions but in any case shall meet not less than once in every 3 months.
\n
(2)The arrangements referred to in paragraph 15 may, with the approval of the Minister, provide for the discharge, under the general direction of the Authority, of any of its functions by a committee of the Authority.
\n
12.The quorum for a meeting of the Authority shall be 6 or such greater number of members as the Authority may from time to time determine.
\n
13.At a meeting of the Authority— (a) the chairperson shall, if present, be the chairperson of the meeting, or (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy chairperson of the Authority shall be chairperson of the meeting, or (c) if and so long as the chairperson is not present or if the office of chairperson is vacant or the deputy chairperson is not present or the office of deputy chairperson is vacant, the members who are present shall choose one of their number to be chairperson of the meeting.
\n
14.Every question that is to be decided at a meeting of the Authority shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
\n
15.Subject to paragraph 12 the Authority may act notwithstanding one or more than one vacancy among its membership or any deficiency in the appointment of a member that may subsequently be discovered.
\n
16.Subject to this Act, the Authority shall make arrangements for the regulation of its proceedings and business.
\n
SCHEDULE 6 The Chief Executive
\n
Section 39
\n
.
\n
1.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.
\n
2.The Chief Executive shall be paid by the Authority out of such moneys at its disposal such remuneration and such allowances for expenses (if any) incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.
\n
3.The Chief Executive shall perform his or her functions subject to such policies as may be determined from time to time by the Authority and shall be accountable to the Authority for the efficient and effective management of the Authority and for the due performance of his or her functions.
\n
4.The Chief Executive may delegate any of his or her functions to an employee of the Authority, subject to such conditions as the Chief Executive considers appropriate, unless they are delegated to the Chief Executive subject to the condition that they shall not be sub-delegated, and the employee concerned shall be accountable to the Chief Executive for the performance of the functions so delegated to him or her.
\n
5.Notwithstanding any delegation under paragraph 3, the Chief Executive shall at all times remain accountable to the Authority for the performance of the functions so delegated.
\n
6.The Chief Executive shall not hold any other office or employment or carry on any business without the consent of the Authority.
\n
SCHEDULE 7 Regulations
\n
Section 58
\n
.
\n
The Minister may make regulations under section 58 for or in respect of any matters including the following:
\n
(1)requirements to be imposed on employers as regards the safety, health and welfare of their employees at work with respect to— (a) the management and conduct of work activities including the prevention of improper conduct or behaviour, (b) the design, provision and maintenance of— (i) places of work, (ii) safe means of access to and egress from places of work, and (iii) plant and machinery and other articles, (c) the use of any article or substance, (d) the provision, planning, organisation, performance and maintenance of systems of work, (e) the provision of information, instruction, training and supervision, including, as appropriate, such provision in an appropriate language or languages, (f) the determination and implementation of safety, health and welfare measures, (g) the provision, testing, use and maintenance of protective clothing or equipment, (h) the preparation and revision of plans and procedures and measures to be taken in emergencies and in the case of serious and imminent danger, (i) the obtaining of the services of competent persons so as to ensure the safety, health and welfare of persons at work including the training, experience and knowledge required of competent persons, (j) co-operation in matters relating to safety, health and welfare at work, and (k) the safety, health and welfare at work of fixed-term or temporary employees;
\n
(2)requirements to be imposed on employers as regards the conduct of their undertakings to provide that in the course of work being carried on persons at the place of work not in the employment of the said employers are not exposed to risks to their safety, health and welfare at the undertaking;
\n
(3)requirements to be imposed on persons to whom section 15 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;
\n
(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;
\n
(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;
\n
(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;
\n
(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 (b) the provision of information relating to the use at work for which any article or prescribed class of article was designed or tested or relating to its being sited, tested, installed, repaired, altered, maintained, dismantled or disposed of in a manner which will be safe and without risk to the health or welfare of persons at work;
\n
(8)requirements to be imposed on persons who design or manufacture articles for use at work as regards the carrying out of research with respect to those articles with a view to the discovery of potential risks or the elimination or minimisation of any risks to the safety, health or welfare of persons at work;
\n
(9)requirements to be imposed on persons who erect or install articles for use at work as regards the erection or installation of those articles so as to be safe and without risks to health or welfare when those articles are used in a place of work;
\n
(10)requirements to be imposed on persons who manufacture, import or supply any substance or prescribed class of substance as regards— (a) the use, testing or examination of the substance, or (b) the provision of information about any risk to safety, health or welfare to which the substance may give rise, or (c) the results of tests on the substance or its use or disposal in a manner which will be safe and without risk to the health or welfare of persons at work;
\n
(11)requirements to be imposed on persons who manufacture, or in a case where the manufacture is undertaken outside the State, import any substances as regards the carrying out of research with a view to the discovery, elimination or minimisation of risks to safety, health or welfare to which the substance may give rise when in use;
\n
(12)requirements to be imposed on persons who commission or procure the construction of places of work as regards the appointment of competent persons to ensure those places are designed, can be constructed, are maintained and comply with the relevant statutory provisions so as to be safe and without risk to the health or welfare of persons at work;
\n
(13)requirements to be imposed on persons who design places of work as regards the design of those places so as to be safe and without risk to the health or welfare of persons at work;
\n
(14)requirements to be imposed on persons who construct places of work as regards the construction of those places so as to be safe and without risk to the health or welfare of persons at work;
\n
(15)requirements to be imposed on employers as regards the identification of hazards and the assessment of risks;
\n
(16)requirements to be imposed on employers as regards safety statements;
\n
(17)requirements to be imposed as regards the regulation, prohibition or control of the use of specified articles for use at work including the guarding, siting, installing, commissioning, protecting, testing, examining, inspecting, altering, adjusting, maintaining or dismantling of any such article;
\n
(18)requirements to be imposed as regards the marking of any article for use at work or designed for use as a component of such article;
\n
(19)requirements to be imposed as regards the regulation, prohibition or control of the use of any specified substance;
\n
(20)requirements to be imposed as regards the testing, examination, classification or labelling of any specified substance including notification of specified particulars in relation to such substance;
\n
(21)requirements to be imposed as regards the prohibition or control of importation or supply of any article or substance for use at work;
\n
(22)requirements to be imposed as regards the prohibition or the regulation of the transport of any article or substance for use at work including requirements as regards the construction, testing and marking of containers and means of transport and the packaging and labelling for transport of those articles or substances;
\n
(23)requirements to be imposed as regards the use or design of specified safety signs at places of work;
\n
(24)requirements to be imposed as regards the making of arrangements for health surveillance of persons at work including medical examinations, biological monitoring or special health surveys;
\n
(25)requirements to be imposed as to the registration in a prescribed register of any specified activity or thing in order to monitor compliance with safety, health and welfare requirements under the relevant statutory provisions;
\n
(26)requirements to be imposed as to the appointment of prescribed persons or classes of persons to do prescribed things in relation to safety, health or welfare at work or to carry out specific activities or undertake specific responsibilities with safety, health and welfare implications;
\n
(27)requirements to be imposed as to the regulation of or prohibition from prescribed classes of employment of prescribed classes of persons in relation to their safety, health and welfare at work;
\n
(28)requirements to be imposed with respect to any matter affecting the conditions in which persons work, including such matters as the structural condition and stability of premises, the means of access to and egress from the premises, cleanliness, temperature, humidity, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations or other physical agent, dust and fumes and exposure to water or other liquids;
\n
(29)regulating or prohibiting atmospheric or other conditions to which an employee may be exposed in a place of work;
\n
(30)prescribing methods, standards or procedures for determining the amount or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a place of work;
\n
(31)requirements to be imposed as to facilities or arrangements for welfare at work (including supply of water, sanitary conveniences, washing or bathing facilities, ambulance and first-aid arrangements, cloakroom facilities, seating, refreshment facilities, facilities for the making or taking of meals or, prohibiting the taking of meals or refreshments in specified circumstances);
\n
(32)requirements to be imposed so as to control or limit— (a) the emission into a place of work of any specified gas, vapour, smoke, dust, or any other specified substance arising from work activities, (b) the emission into the working environment of noise, vibration, any ionising or other radiations, (c) other environmental pollution in the place of work including environmental tobacco smoke, or (d) the monitoring of any such emissions in a place of work;
\n
(33)conferring powers on inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions;
\n
(34)requirements to be imposed with respect to the keeping and preservation of records relating to compliance with the relevant statutory provisions in relation to safety, health and welfare at work;
\n
(35)requirements to be imposed as regards the safety, health or welfare of persons with respect to the management of animals in or at places of work;
\n
(36)requirements to be imposed as regards any place of work in relation to— (a) precautions to be taken against dangers to which the place of work or persons in the place of work are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity of that place, or (b) securing that persons in a place of work leave that place of work in specified circumstances where there is a risk to their safety or health;
\n
(37)requirements to be imposed as to the doing or prohibition of any specified thing where any accident or other occurrence of a specified kind has occurred;
\n
(38)requirements to be imposed in prescribed circumstances with respect to the taking of precautions in connection with the risk of fire, fire-safety rules and procedures and the provision and maintenance of fire-protection equipment in places of work;
\n
(39)requirements to be imposed with respect to the reporting in the prescribed manner of such matters relating to the safety, health or welfare of persons at work as may be prescribed, or that of other persons arising out of work activities, (including the giving of such information as may be prescribed relating to accidents, personal injuries or dangerous occurrences) to the Authority or a person prescribed under section 33 or to an inspector of the Authority or of a person prescribed under section 33 or to any other person as may be prescribed;
\n
(40)requirements to be imposed with respect to the safe lifting or handling by persons at work of any load likely to cause injury to a person so lifting or handling it;
\n
(41)the prohibition of the carrying on of such work activities as may be prescribed except by or under the supervision of persons with prescribed qualifications, training or experience;
\n
(42)requirements to be imposed as regards joint safety and health agreements;
\n
(43)such further requirements, arrangements, modifications or exemptions as the Minister considers necessary, from time to time, in relation to the operation of sections 25 and 26 ;
\n
(44)such fees as may be charged under section 47 .
\n
1OJ No. L183, 29.6.1989, p.1 2OJ No. L206, 29.7.1991, p.19 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais