Safety, Health and Welfare At Work Act, 1989

Safety, Health and Welfare At Work Act, 1989 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1989 Safety, Health and Welfare At Work Act, 1989 Safety, Health and Welfare At Work Act, 1989 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 7 of 1989 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Service of notices, etc. 4. Repeals. 5. Expenses. PART II General Duties 6. General duties of employers to their employees. 7. General duties of employers and self-employed to persons other than their employees. 8. General duties of persons concerned with places of work to persons other than their employees. 9. General duties of employees. 10. General duties of designers, manufacturers, etc., as regards articles and substances for use at work. 11. General duties of persons who design or construct places of work. 12. Safety statement. 13. Consultation at place of work and safety representatives. PART III National Authority for Occupational Safety and Health 14. Establishment day. 15. Establishment of the Authority. 16. Functions of the Authority. 17. Advisory committees. 18. Director General. 19. Staff of the Authority. 20. Provisions applicable to officers, etc., transferred to the Authority. 21. Superannuation of staff of the Authority. 22. Grant to the Authority. 23. Power of the Authority to borrow. 24. Charges for services. 25. Accounts and audits. 26. Annual report. PART IV Regulations and Codes of Practice 27. Review of legislation. 28. Regulations. 29. Miscellaneous adaptations. 30. Codes of practice. 31. Use of codes of practice in criminal proceedings. PART V Enforcement 32. Enforcing agencies. 33. Authorisation of inspectors. 34. Powers of inspectors. 35. Improvement directions and plans. 36. Improvement notice. 37. Prohibition notice. 38. Power of officer of customs and excise to detain articles, etc. 39. Order of High Court as to use of place of work. 40. Indemnification of inspectors, etc. 41. Inquiry into enforcing agency. PART VI Obtaining and Disclosure of Information 42. Obtaining of information by the Authority. 43. Information communicated by the Revenue Commissioners. 44. Access to information. 45. Restrictions on the disclosure of information. PART VII Special Reports and Inquiries 46. Investigations and special reports. 47. Power to direct an inquiry. PART VIII Offences, Penalties and Legal Proceedings 48. Offences. 49. Penalties. 50. Onus of proof. 51. Prosecution of offences, etc. 52. Appeals from orders. 53. Evidence. PART IX Miscellaneous 54. Certificates of birth. 55. General obligations with regard to fire safety. 56. Inquest in case of death by accident or disease at work. 57. Application of Act to prisons, etc. 58. Increases in miscellaneous penalties. 59. Licences. 60. Civil liability. 61. Immunity of Authority or enforcing agency. FIRST SCHEDULE National Authority for Occupational Safety and Health SECOND SCHEDULE PART I Existing Enactments PART II Regulations made under the European Communities Act, 1972, which are Existing Enactments THIRD SCHEDULE Associated Statutory Provisions FOURTH SCHEDULE Regulations FIFTH SCHEDULE Repeal and Revocation of Certain Provisions of the Existing Enactments Relating to Penalties PART I Repeal of Statutes PART II Revocation of Statutory Instruments Acts Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Air Pollution Act, 1987 1987, No. 6 Boiler Explosions Act, 1882 1882, c. 22 Boiler Explosions Act, 1890 1890, c. 35 Companies Act, 1963 1963, No. 33 Dangerous Substances Acts, 1972 and 1979 Electricity (Supply) Acts, 1927 to 1988 European Assembly Elections Acts, 1977 and 1984 European Communities Acts, 1972 to 1986 Explosives Act, 1875 1875, c. 17 Fire Services Act, 1981 1981, No. 30 Gas Acts, 1976 to 1987 Holidays (Employees) Act, 1973 1973, No. 25 Merchant Shipping Acts, 1894 to 1987 Mines and Quarries Act, 1965 1965, No. 7 Minimum Notice and Terms of Employment Acts, 1973 and 1984 Notice of Accidents Act, 1894 1894, c. 28 Nuclear Energy Act, 1971 1971, No. 12 Office Premises Act, 1958 1958, No. 3 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Poisons Act, 1961 1961, No. 12 Railway Employment (Prevention of Accidents) Act, 1900 1900, c. 27 Redundancy Payments Acts, 1967 to 1984 Regulation of Railways Act, 1842 1842, c. 55 Regulation of Railways Act, 1871 1871, c. 78 Road Traffic Acts, 1961 to 1987 Safety, Health and Welfare (Offshore Installations) Act, 1987 1987, No. 18 Safety in Industry Acts, 1955 and 1980 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Superannuation Acts, 1834 to 1963 Unfair Dismissals Act, 1977 1977, No. 32 Number 7 of 1989 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK, FOR PROTECTING OTHERS AGAINST RISKS TO SAFETY OR HEALTH IN CONNECTION WITH THE ACTIVITIES OF PERSONS AT WORK, FOR THE ESTABLISHMENT OF A NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH, TO PROVIDE FOR THE REPEAL OF CERTAIN ENACTMENTS, TO PROVIDE FOR THE FURTHER REGULATION OF DANGEROUS SUBSTANCES IN SO FAR AS THEY MAY AFFECT PERSONS OR PROPERTY AND FOR MATTERS CONNECTED WITH THE AFORESAID. [19th April, 1989] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title and commencement. 1.—(1) This Act may be cited as the Safety, Health and Welfare at Work Act, 1989. (2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act and an order under this subsection may provide for the commencement of section 4 (3) upon different days as respects different existing enactments and different provisions of existing enactments. Interpretation. 2.—(1) In this Act— “article” includes— (a) any plant, machinery, apparatus and equipment for use or operation (whether exclusively or not) by persons at work, and (b) any article designed for use as a component in any such plant, machinery, apparatus or equipment; “associated statutory provisions” means the provisions of the enactments specified in the third column of the Third Schedule together with the instruments made under them for the time being in force; “the Authority” means the National Authority for Occupational Safety and Health established by section 15 ; “code of practice” includes a standard, a specification, and any other written or illustrated form of practical guidance, instruction or control, issued or approved of in accordance with section 30 ; “contract of employment” means a contract of employment or service or of apprenticeship, whether it is expressed or implied and (if it is express) whether it is oral or in writing; “employee” means a person who has entered into or works (or in the case of a contract which has been terminated, worked) under a contract of employment with an employer; “employer” in relation to an employee, means the person by whom the employee is employed under a contract of employment; for the purpose of this definition a person holding office under or in the service of the State or of the Government shall be deemed to be employed by the State or the Government (as the case may be) and an officer or servant of a local authority or of a harbour authority, health board or vocational education committee shall be deemed to be employed by the local authority, harbour authority, health board or vocational education committee (as the case may be); “enforcing agency” means a body prescribed to be an enforcing agency under section 32 ; “establishment day” means the day appointed by the Minister under section 14 to be the establishment day; “existing enactments” means the enactments specified in Part I of the Second Schedule , and any instruments under them, for the time being in force; and the regulations under the European Communities Act, 1972, for the time being in force specified in Part II of the said Second Schedule ; “functions” includes powers and duties; “improvement notice” means a notice under section 36 ; “improvement plan” means a plan under section 35 ; “inspector” means an inspector authorised under section 33 ; “local authority” includes— (a) the council of a county, (b) the corporation of a county borough, or (c) the Corporation of Dún Laoghaire, and such local authority shall exercise its functions under this Act within its functional area; “micro-organism” includes any microscopic biological entity which is capable of replication; “the Minister” means the Minister for Labour; “occupational medical adviser” means a person designated under section 34 (4) to be an occupational medical adviser; “personal injury” includes any disease and any impairment of a person's physical or mental condition; “place of work” includes any place, land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise and in particular includes— (a) a premises, (b) an installation on land and any offshore installation (including any offshore installation to which the Safety, Health and Welfare (Offshore Installations) Act, 1987 , applies), (c) a tent, temporary structure or movable structure, and (d) a vehicle, vessel or aircraft; “prescribed” means prescribed by regulations made under this Act by the Minister except in sections 36 (3), 37 (6) (a) and 42 (4) (a) where it means prescribed by regulations made under this Act by the Minister for Justice in consultation with the Minister; “prohibition notice” means a notice under section 37 ; “recognised trade unions and staff associations” means trade unions and staff associations recognised by the Authority for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of employees; “relevant statutory provisions” means existing enactments and the provisions of this Act and any instrument made under it for the time being in force; “safety representative” means a safety representative appointed under section 13 ; “safety statement” has the meaning assigned to it by section 12 ; “self-employed person” means a person who works for profit or gain otherwise than under a contract of employment, whether or not he himself employs other persons; “substance” includes any natural or artificial substance, preparation or agent in solid or liquid form or as a gas or vapour or as a micro-organism; “use” in so far as any article is concerned includes the manufacture, supply, operation, setting, repair, cleaning and maintenance of such articles; and in so far as any substance is concerned, includes any manufacture, process, operation, storage, treatment, mixing, packing, conveyance, supply, handling, filling or emptying, loading and unloading of such substance. (2) (a) In this Act a reference to a section or a Schedule is to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended; (b) in this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended; and (c) a reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment. (3) References to an inspector in sections 35 , 36 and 37 shall, in any case in which the enforcing agency is a local authority, be construed as a reference to that local authority. Service of notices, etc. 3.—(1) Any document (including any summons, notice or order) required or authorised to be served, sent or given under the relevant statutory provisions on or to any person may be served or sent in some one of the following ways— (a) where it is addressed to him by name, by delivering it to such person, or in the case of a partnership by delivery to any of the partners; (b) by leaving it at the address at which he ordinarily resides; (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, or in a case in which an address for service has been furnished, at that address; (d) where the address at which such person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any place of work, by delivering it to a person over the age of sixteen years of age resident in or employed at a place of work or by affixing it in a conspicuous position on or near the place of work. (2) Any document (including any summons, notice or order) required or authorised to be served or sent under the relevant statutory provisions may be served on or sent to a body, whether corporate or unincorporated— (a) by leaving it at, or sending it by post in a prepaid registered letter to, the registered office (if any) of the body; (b) by leaving it at, or sending it by post in a prepaid registered letter to, any place at which the body conducts business; or (c) by sending it by post in a prepaid registered letter to any person who is a director, manager, secretary or other officer of the body or is purporting to act in any such capacity at the place where he ordinarily resides or by leaving it at that place. Repeals. 4.—(1) The following provisions of the existing enactments are hereby repealed— (a) section 113 of the Factories Act, 1955, section 42 of the Office Premises Act, 1958 , section 149 of the Mines and Quarries Act, 1965 , and section 60 of the Dangerous Substances Act, 1972, from the coming into operation of section 3 of this Act; (b) section 125(1) of the Factories Act, 1955, section 46 of the Office Premises Act, 1958 , section 65(1) of the Dangerous Substances Act, 1972, and sections 15 (1) and (2) of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 9 of this Act; (c) section 9 of the Safety in Industry Act, 1980, from the coming into operation of section 10 of this Act; (d) section 39 of the Safety in Industry Act, 1980, and section 26 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 12 of this Act; (e) section 73 of the Factories Act, 1955, sections 35, 36, 37 and 38 of the Safety in Industry Act, 1980, and sections 23 , 24 and 25 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 13 of this Act; (f) section 127 of the Factories Act, 1955, section 49 of the Safety in Industry Act, 1980, section 24 of the Office Premises Act, 1958 , section 151 of the Mines and Quarries Act, 1965 , and section 2 of the Dangerous Substances (Amendment) Act, 1979, from the coming into operation of section 17 of this Act; (g) sections 93 to 95 of the Factories Act, 1955, sections 27 to 29 of the Office Premises Act, 1958 , sections 130 and 131 of the Mines and Quarries Act, 1965 , sections 39 and 40 of the Dangerous Substances Act, 1972, and section 53 of the Safety in Industry Act, 1980, from the coming into operation of sections 33 and 34 of this Act; (h) section 11 of the Safety in Industry Act, 1980, and section 132 of the Mines and Quarries Act, 1965 , from the coming into operation of section 37 of this Act; (i) section 78 of the Factories Act, 1955, sections 103 and 104 of the Mines and Quarries Act, 1965 , sections 29 and 30 of the Dangerous Substances Act, 1972, and section 31 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of sections 46 and 47 of this Act; (j) section 110 of the Factories Act, 1955, section 55(1) of the Dangerous Substances Act, 1972, section 39 of the Office Premises Act, 1958 , section 55 of the Safety in Industry Act, 1980, and section 37 (1) of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 51 of this Act; (k) section 111 of the Factories Act, 1955, and section 40 of the Office Premises Act, 1958 , from the coming into operation of section 52 of this Act; (l) section 112 of the Factories Act, 1955, and section 41 of the Office Premises Act, 1958 , from the coming into operation of section 53 of this Act; (m) section 114 of the Factories Act, 1955, and section 150 of the Mines and Quarries Act, 1965 , from the coming into operation of section 54 of this Act. (2) From the coming into operation of section 49 the existing enactments mentioned in the second column of the Fifth Schedule (relating to penalties) are hereby repealed or revoked as the case may single be to the extent specified in the third column thereof. (3) The existing enactments (other than those referred to in subsections (1) and (2) and those set out in Part II of the Second Schedule ) are hereby repealed. Expenses. 5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART II General Duties General duties of employers to their employees. 6.—(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his employees. (2) Without prejudice to the generality of an employer's duty under subsection (1), the matters to which that duty extends include in particular— (a) as regards any place of work under the employer's control, the design, the provision and the maintenance of it in a condition that is, so far as is reasonably practicable, safe and without risk to health; (b) so far as is reasonably practicable, as regards any place of work under the employer's control, the design, the provision and the maintenance of safe means of access to and egress from it; (c) the design, the provision and the maintenance of plant and machinery that are, so far as is reasonably practicable, safe and without risk to health; (d) the provision of systems of work that are planned, organised, performed and maintained so as to be, so far as is reasonably practicable, safe and without risk to health; (e) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees; (f) in circumstances in which it is not reasonably practicable for an employer to control or eliminate hazards in a place of work under his control, or in such circumstances as may be prescribed, the provision and maintenance of such suitable protective clothing or equipment, as appropriate, that are necessary to ensure the safety and health at work of his employees; (g) the preparation and revision as necessary of adequate plans to be followed in emergencies; (h) to ensure, so far as is reasonably practicable, safety and the prevention of risk to health at work in connection with the use of any article or substance; (i) the provision and the maintenance of facilities and arrangements for the welfare of his employees at work; and (j) the obtaining, where necessary, of the services of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety and health at work of his employees. (3) For the purposes of this section, a person who is undergoing training for employment or receiving work experience, other than when pursuing a course of study in a university, school or college, shall be deemed to be an employee of the person whose undertaking (whether carried on by him for profit or not) is for the time being the immediate provider to that person of training or work experience, and employee, employer and cognate words and expressions shall be construed accordingly. General duties of employers and self-employed to persons other than their employees. 7.—(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their safety or health. (2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not exposed to risks to their safety or health. (3) In such cases as may be prescribed, it shall be the duty of every employer and self-employed person, in the prescribed circumstances, and in the prescribed manner to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way he conducts his undertaking as might affect their safety or health. General duties of persons concerned with places of work to persons other than their employees. 8.—(1) This section has effect for imposing on persons duties in relation to those who are not their employees but who are either the employees of another person or are self-employed and who for the purposes of carrying out work use a non-domestic place of work made available to them or in which they may for the purposes of carrying out work use any article or substance provided for their use there, and it applies to places of work so made available and other non-domestic places of work used in connection with them. (2) It shall be the duty of each person who has control, to any extent, of any place of work or any part of any place of work to which this section applies or of the means of access thereto or egress therefrom or of any article or substance in such place of work to take such measures as is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the place of work, all means of access thereto, or egress therefrom available for use by persons using the place of work, and any article or substance in the place of work or, as the case may be, provided for use therein, is or are safe and without risks to health. (3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent as to— (a) the maintenance or repair of any place of work to which this section applies or any means of access thereto or egress therefrom; or (b) the safety of or the absence of risk to health arising from any article or substance in any such place of work; that person shall be treated, for the purposes of subsection (2), as being a person who has control of the matters to which his obligation extends. (4) Any reference in this section to a person having control of any place of work or matter is a reference to a person having control of the place of work or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not). General duties of employees. 9.—(1) It shall be the duty of every employee while at work— (a) to take reasonable care for his own safety, health and welfare and that of any other person who may be affected by his acts or omissions while at work; (b) to co-operate with his employer and any other person to such extent as will enable his employer or the other person to comply with any of the relevant statutory provisions; (c) to use in such manner so as to provide the protection intended, any suitable appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his use alone or for use by him in common with others) for securing his safety, health or welfare while at work; and (d) to report to his employer or his immediate supervisor, without unreasonable delay, any defects in plant, equipment, place of work or system of work, which might endanger safety, health or welfare, of which he becomes aware. (2) No person shall intentionally or recklessly interfere with or misuse any appliance, protective clothing, convenience, equipment or other means or thing provided in pursuance of any of the relevant statutory provisions or otherwise, for securing the safety, health or welfare of persons arising out of work activities. General duties of designers, manufacturers, etc., as regards articles and substances for use at work. 10.—(1) It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work— (a) to ensure, so far as is reasonably practicable, that the article is designed, constructed, tested and examined so as to be safe and without risk to health when used by a person at a place of work; (b) to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which it is designed or has been tested, and about any conditions relating to the article so as to ensure that, when in use, dismantled or disposed of, it will be safe and without risk to health; and (c) to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (b) as are necessary by reason of its becoming known that anything relating to the article gives rise to a serious risk to safety or health. (2) It shall be the duty of any person who undertakes the design or manufacture of any article for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the design or article may give rise. (3) It shall be the duty of any person who erects or installs any article for use at a place of work where that article is to be used by persons at work to ensure, so far as is reasonably practicable, that nothing about the way in which the article is erected or installed makes it unsafe, or a risk to health when in use at a place of work. (4) It shall be the duty of any person who manufactures or imports or supplies any substance— (a) to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health when it is being used by a person at a place of work; (b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by paragraph (a) and whenever requested by an inspector provide or cause to be provided to him evidence, including documentary evidence of such testing and examination; (c) to take such steps as are necessary to ensure that persons supplied by that person with the substance are provided with adequate information about any risk to safety or health to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risk to health when the substance is being used or being disposed of. (5) It shall be the duty of any person who undertakes the manufacture of any substance, or in a case where the manufacture was undertaken outside the State it shall be the duty of the importer, to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the substance may give rise when in use. (6) Nothing in the preceding provisions of this section shall be construed as requiring a person to repeat any testing, examination or research which has been carried out otherwise than by him or at his instance, in so far as it is reasonable for him to rely on the results thereof, for the purposes of those provisions. (7) Any duty imposed on a person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control. (8) Where a person designs, manufactures, imports or supplies an article for use at work and does so for or to another person on the basis of a written undertaking by that other person to take specified steps that are sufficient to ensure, so far as is reasonably practicable, that the article shall be safe and without risks to health when it is being used at a place of work, the said undertaking shall have the effect of relieving the first mentioned person from the duty imposed by virtue of paragraph (a) of subsection (1) to such extent as is reasonable having regard to the terms of the said undertaking. (9) Nothing in subsections (7) or (8) shall relieve any person who imports any article or substance from any duty in respect of anything which— (a) in the case of an article designed outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or (b) in the case of an article or substance manufactured outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance. (10) Where a person (hereinafter referred to in this subsection as “the supplier”) supplies, including hires or leases, to another person (hereinafter referred to in this subsection as “the customer”) any article or substance for use at work, under a hire-purchase agreement, a leasing agreement or credit-sale agreement, and the supplier— (a) carried on the business of financing the acquisition of goods by others by means of such agreements, and (b) in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third party (hereinafter referred to in this subsection as “the dealer”), the dealer and not the supplier, shall be treated for the purposes of this section as supplying the article or substance to the customer, and any duty imposed by this section on suppliers shall, accordingly, fall on the dealer and not on the supplier. (11) For the purposes of this section an absence of safety or risk to health shall be disregarded in so far as the case is or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsections (1) or (4) has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied. (12) Without prejudice to the generality of this section, the Minister may prescribe specifications or other requirements with which the design, manufacture and construction of any article, which is of a prescribed class or description, shall comply. (13) Where an article or substance is used at work, and a request is made in that behalf by an inspector, the employer shall give to the inspector the name and address of the person from whom the article or substance was purchased or otherwise obtained. General duties of persons who design or construct places of work. 11.—(1) It shall be the duty of any person who designs places of work to design them so that they are, so far as is reasonably practicable, safe and without risk to health. (2) It shall be the duty of any person who constructs places of work to construct them so that they are, so far as is reasonably practicable, safe and without risk to health. Safety statement. 12.—(1) Every employer shall, as soon as may be, after the coming into operation of this section prepare or cause to be prepared, a statement in writing to be known and hereinafter referred to as a “safety statement”. (2) The safety statement shall specify the manner in which the safety, health and welfare of persons employed by an employer shall be secured at work. (3) The safety statement shall be based on an identification of the hazards and an assessment of the risks to safety and health at the place of work to which the safety statement relates. (4) Without prejudice to the generality of subsection (2), the safety statement shall specify— (a) the arrangements made and resources provided, for safeguarding the safety, health and welfare of persons employed at a place of work to which the safety statement relates; (b) the co-operation required from employees as regards safety, health and welfare; and (c) the names, including the names of authorised deputies and job titles where applicable, of the persons responsible for the performance of tasks assigned to them by the said statement. (5) Where a safety statement is prepared or revised pursuant to this section and an inspector is satisfied that the statement is inadequate in a material respect he may direct that the statement be revised and the employer shall comply with the direction within thirty days of the direction being given by the inspector. (6) The report of the directors of a company under section 158 of the Companies Act, 1963 , shall contain, in addition to the information specified in that section, an evaluation of the extent to which the policy set out in a safety statement was fulfilled during the period of time covered by the said report. (7) It shall be the duty of a self-employed person to prepare a safety statement, in so far as is practicable in accordance with this section, so as to ensure his safety, health and welfare at work and that of other persons at the place of work. (8) It shall be the duty of an employer or a self-employed person to bring the terms of a safety statement to the attention of persons employed by him and to other persons at the place of work who may be affected by the safety statement. Consultation at place of work and safety representatives. 13.—(1) It shall be the duty of every employer— (a) to consult his employees for the purpose of the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure their safety, health and welfare at work and in ascertaining the effectiveness of such measures; (b) as far as is reasonably practicable, to take account of any representations made by his employees. (2) Employees shall have the right to make representations to and consult their employer on matters of safety, health and welfare in their place of work. (3) Without prejudice to the generality of subsections (1) and (2), employees may, from time to time, select and appoint from amongst their number at their place of work a representative (in this Act referred to as “the safety representative”) to represent them in consultations pursuant to this section with their employer. (4) A safety representative shall have the right to such information from his employer as is necessary to ensure, so far as is reasonably practicable, the safety and health of employees at the place of work. (5) It shall be the duty of every employer to take such steps as are practicable to inform a safety representative when an inspector enters a place of work for the purpose of making a tour of inspection. (6) A safety representative may— (a) make representations to an employer on any aspects of safety, health and welfare at the place of work; (b) investigate accidents and dangerous occurrences provided that he shall not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any of the relevant statutory provisions; (c) make oral or written representations to inspectors on matters of safety, health and welfare at work; (d) receive advice and information from inspectors on matters of safety, health and welfare at work; (e) subject to prior notice to the employer and to agreement between the safety representative and the employer as to frequency, carry out inspections and in reaching such agreement, which shall not be unreasonably withheld by the employer, the parties shall consider the nature and extent of the hazards in the place of work in determining the frequency of inspections to be carried out by the safety representative at the place of work concerned; (f) subject to prior notice to the employer, in circumstances in which it is reasonable to assume that risk of personal injury exists, to investigate potential hazards and complaints made by any employee whom he represents relating to that employee's safety, health and welfare at the place of work; and (g) on a request being made in that behalf by him, accompany an inspector on any tour of inspection other than a tour of inspection made by the inspector for the purpose of investigating an accident. (7) An employer shall consider and, if necessary, act upon any representations made to him by a safety representative on any matter affecting the safety, health and welfare at work of any employee whom he represents. (8) (a) For the purpose of acquiring the knowledge necessary for the discharge of their functions under subsection (1) (a) of this section and to enable them to discharge those functions, an employer shall afford employees who may be involved in arrangements under subsection (1) (a) or under subsection (2) such time off from their duties as may be reasonable having regard to all the circumstances without loss of remuneration; (b) an employer shall afford a safety representative such time off from his duties as may be reasonable having regard to all the circumstances without loss of remuneration, to enable him to— (i) acquire the knowledge necessary to discharge his functions as a safety representative, and (ii) discharge his functions as a safety representative. (9) Arising from the discharge of his functions under this section, a safety representative shall not be placed at any disadvantage in relation to his employment. (10) Notwithstanding the generality of subsections (1) to (9), the Minister may prescribe such further requirements, arrangements, modifications or exemptions as he considers necessary, from time to time, in relation to the operation of this section. PART III National Authority for Occupational Safety and Health Establishment day. 14.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. Establishment of the Authority. 15.—(1) On the establishment day there shall stand established a body single to be known in the Irish language as An tÚdarás Náisiúnta um Shábháilteacht agus Sláinte Ceirde and in the English language as the National Authority for Occupational Safety and Health (which body is referred to in this Act as “the Authority”) to perform the functions assigned to it by this Act. (2) The provisions of the First Schedule to this Act shall have effect with respect to the Authority. Functions of the Authority. 16.—(1) The principal functions of the Authority shall be— (a) subject to the provisions of subsection (3) and of section 32 , to make adequate arrangements for the enforcement of the relevant statutory provisions; (b) to promote, encourage and foster the prevention of accidents and injury to health at work in accordance with the provisions of this Act; (c) to encourage and foster activities and measures which are directed towards the promotion of safety, health and welfare of persons at work; (d) to make such arrangements as it considers appropriate for providing information and advice on matters related to safety, health and welfare at work; and (e) to make such arrangements as it considers appropriate to undertake, to promote, to sponsor, to evaluate and to publish the results of research, surveys and studies relating to hazards and risks to the safety and health of persons at work or arising from work activities. (2) Without prejudice to the generality of subsection (1), the Authority may in its enforcement, advisory, promotional and other functions have regard to— (a) any matters affecting the safety and health of employees and the self-employed; and (b) the safety or health of other persons who may be affected by risks arising from work activities in so far as is reasonably practicable including the development of land for, or in the area of, a development which will involve the production, processing, treatment, use or storage of a dangerous substance. (3) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may— (a) make agreements with any Minister of the Government, or other person for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions; or (b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) such functions as may appropriately be performed by it in connection with its functions under this Act. (4) The Authority shall— (a) submit in writing to the Minister, when requested to do so by him, details of how it proposes to discharge its functions under this Act; (b) carry out its functions in accordance with such proposals as referred to in paragraph (a) as may be approved of by the Minister; (c) give effect to any directions in writing whether general or particular relating to its functions under this Act, given to it by the Minister; and (d) supply to the Minister any information relating to its functions as he may from time to time require. Advisory committees. 17.—(1) The Authority may from time to time appoint such and so many advisory committees as it thinks fit to advise it on matters relating to safety, health and welfare at work, for such period and subject to such terms of reference as the Authority may deem appropriate. (2) Where the Authority has appointed a committee under subsection (1), the Authority shall appoint a chairman of that committee and a vice-chairman who shall act in the absence of the chairman. (3) The chairman of a committee appointed under subsection (1) shall be paid out of moneys at the disposal of the Authority such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, may sanction. (4) Each member of a committee appointed under subsection (1) shall be paid out of moneys at the disposal of the Authority, such allowance for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction. Director General. 18.—(1) There shall be a chief executive officer of the Authority (who shall be known, and is referred to in this Act, as the Director General). (2) The first Director General shall be appointed, and may be removed from office at any time, by the Minister; each subsequent Director General shall be appointed, and may be removed from office at any time, by the Authority with the consent of the Minister. (3) The Director General shall carry on and manage and control generally the administration and business of the Authority and shall perform such other functions as may be determined by the Authority. (4) The Director General shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Minister with the consent of the Minister for Finance. (5) The Director General shall be paid by the Authority out of moneys at its disposal such remuneration and such allowances for expenses incurred by him as the Authority, with the consent of the Minister and the Minister for Finance, may determine. Staff of the Authority. 19.—(1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the consent of the Minister and the Minister for Finance. (2) A member of the staff of the Authority (other than the Director General) shall be paid out of moneys at its disposal such remuneration and allowances for expenses incurred by him as the Authority, with the consent of the Minister and the Minister for Finance, may determine. (3) A member of the staff of the Authority (other than the Director General) shall hold his office or employment on such other terms and conditions, as the Authority, with the consent of the Minister and the Minister for Finance, may determine. (4) 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. (5) The Authority may perform any of its functions through or by a member of its staff duly authorised by the Authority in that behalf. Provisions applicable to officers, etc., transferred to the Authority. 20.—(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. (2) The Minister shall not make an order under subsection (1) without having notified in writing any recognised trade unions or staff associations concerned and the Authority of his intention to do so and considering any representations made by them or any of them in relation to the matter within such time as may be specified in the notification. (3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer of the Minister designated by the Minister 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 made 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 was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the day on which he was so transferred. (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 staff so transferred 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 Director General, as the case may be, while they are in the service of the Authority. No such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to a member of such staff immediately before the day on which he was transferred by subsection (1) to the staff of the Authority save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. (5) The terms and conditions relating to tenure of office which are granted by the Authority to a member of the staff of the Authority who was designated by the Minister and under subsection (1) transferred by that subsection to its staff shall not, while he is in the service of the Authority, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be such as to render those conditions less favourable to him than those prevailing in the civil service at the time of such alteration save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Authority and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister. (6) In relation to staff transferred by subsection (1) to the staff of the Authority, previous service in 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 1984, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977 . Superannuation of staff of the Authority. 21.—(1) The Authority shall, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons appointed by section 19 or transferred by section 20 , to whole-time positions on the staff of the Authority. (2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons. (3) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection. (4) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 20 to a whole-time position on the staff of the Authority, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so transferred in relation to the grant of such benefits. (5) Where, during the period between the establishment day 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 20 to the staff of the Authority in respect of his 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 pensionable service with the Authority shall be aggregated with his previous pensionable service. (6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such 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 thereunder. (7) Subject to subsection (5) no superannuation benefit shall be granted by the Authority on the resignation, retirement or death of a member of the staff of the Authority otherwise than in accordance with a scheme or schemes under this section. (8) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final. (9) In this section and in the First Schedule “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death. Grant to the Authority. 22.—(1) In each financial year there may be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the concurrence of the Minister for Finance, may sanction towards the expenses of the Authority in the performance of its functions. (2) The Authority may with the consent of the Minister and the Minister for Finance invest money in such manner as it thinks fit. (3) The Authority may, with the prior consent of the Minister, and the concurrence of the Minister for Finance, seek and accept funds from such other sources and subject to such conditions as the Minister may approve of, from time to time. Power of the Authority to borrow. 23.—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance. Charges for services. 24.—(1) Subject to the provisions of this section, the Authority may make such charges as it considers appropriate in consideration of the provision by it of services (other than a service consisting of the provision of advice to the Minister) and the carrying on by it of activities and may sell, for such prices as it considers appropriate, anything produced, published or developed by the Authority and may enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority). (2) The determination of the amounts of charges by the Authority shall be subject to the approval of the Minister and the Minister for Finance. (3) Charges, prices and payments under subsection (1) in respect of services provided, activities carried on or things sold outside the State, shall not, save with the approval of the Minister, be less than the cost of the provision of the services or the production and development of the thing, as the case may be. (4) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1). Accounts and audits. 25.—(1) The Authority shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it. (2) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the concurrence of the Minister for Finance, directs and those accounts when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas. Annual report. 26.—(1) As soon as may be after the end of each financial year of the Authority, but not later than six months thereafter, the Authority shall make a report to the Minister of its activities during that year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas. (2) Each report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct. PART IV Regulations and Codes of Practice Review of legislation. 27.—(1) It shall be the duty of the Authority— (a) to keep under review the relevant statutory provisions; (b) to keep under review the associated statutory provisions; (c) to submit, from time to time, to the Minister such proposals as it considers appropriate in relation to the relevant statutory provisions or for the making or revoking of any instruments under those provisions; and (d) to submit, from time to time, to the Minister having responsibility for any of the associated statutory provisions such proposals as it considers appropriate in relation to those provisions or for the making or revoking of any instruments under those provisions. (2) Before submitting proposals to the Minister in accordance with subsection (1) (c), the Authority shall consult any Minister of the Government or other person or body that appears to the Authority to be appropriate in the circumstances or where the Minister so directs, and, in particular, without prejudice to the generality of the aforesaid, the Authority shall consult the Minister for the Environment in the case of any proposals in relation to controls on the design of or construction of buildings. (3) The Authority shall consider any proposals for legislative change concerning occupational safety or health and related matters referred to it by the Minister or any other Minister of the Government responsible for any of the relevant statutory provisions or any of the associated statutory provisions as the case may be. Regulations. 28.—(1) The Minister may make regulations for or in relation to any of the matters set out in the Fourth Schedule to this Act and any other matter necessary to give effect to this Act. (2) Regulations made under this Act may apply to all work activities or to particular work activities and may relate to one or more chemical, physical or biological agents. (3) Before the Minister makes any regulations in exercise of any power conferred on him by this Act (other than as a result of a proposal made by the Authority under section 27 ) he shall consult the Authority. (4) Where the Minister proposes to make regulations so as to give effect with modifications to any proposal made by the Authority under section 27 , he shall before making the regulations consult the Authority. (5) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. (6) The Minister may, by regulations made under this section, exempt from all or any of the provisions of the relevant statutory provisions any specified class of activity or any specified class of person or place of work on such conditions as may be prescribed, where he is satisfied that the application of such provisions is unnecessary or impracticable. Miscellaneous adaptati …