Safety, Health and Welfare At Work Act, 1989

Prohibition notice.

37.—(1) This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If, as regards any activities to which this section applies, an inspector is of the opinion that, as carried on or are likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, are likely to involve, a risk of serious personal injury to persons at any place of work, the inspector may serve on that person a notice signed by him (in this Act referred to as “a prohibition notice”).

(3) A prohibition notice shall—

(a) state that the inspector is of the said opinion;

(b) specify the matters which in his opinion give or, as the case may be, are likely to give rise to the said risk;

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

(d) direct that the activities to which the notice relates shall be carried on neither by or under the control of the person on whom the notice is served nor by or under the control of any other person unless the matters specified in the notice in pursuance of paragraph (b) and any associated contravention of provisions so specified in pursuance of paragraph (c) have been remedied.

(4) A prohibition notice shall take effect—

(a) if the notice so declares immediately the notice is received by the person on whom it is served;

(b) in any other case—

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later; or

(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (4) (a) shall not have the effect of suspending the operation of the notice; provided, however, that 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.

(6) (a) A person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the said Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4) the District Justice 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 he considers appropriate.

(7) A person who appeals against a prohibition notice or who applies for a direction suspending the application of the notice under subsection (5) shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal or the application and the grounds for the appeal or the application and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(8) An inspector may revoke a prohibition notice.

(9) (a) Where a prohibition notice has been served 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.

(b) An application to the High Court for an order under this subsection shall be by motion 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) as to the payment of costs as the Court considers appropriate.