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Safety, Health and Welfare at Work Act 2005

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Number 10 of 2005


SAFETY, HEALTH AND WELFARE AT WORK ACT 2005


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Service of notices, etc.

4.

Repeals and savings.

5.

Expenses.

6.

Application of relevant statutory provisions to certain public service activities.

7.

Application of relevant statutory provisions to self-employed persons.

PART 2

GENERAL DUTIES

Chapter 1

General Duties of Employer

8.

General duties of employer.

9.

Information for employees.

10.

Instruction, training and supervision of employees.

11.

Emergencies and serious and imminent dangers.

12.

General duties of employers to persons other than their employees.

Chapter 2

General Duties of Employee and Persons in Control of Places of Work

13.

Duties of employee.

14.

Interference, misuse, etc.

15.

General duties of persons in control of places of work, etc.

Chapter 3

General Duties of Other Persons

16.

General duties of designers, manufacturers, importers and suppliers of articles and substances.

17.

Duties related to construction work.

PART 3

Protective and Preventive Measures

18.

Protective and Preventive Measures.

19.

Hazard identification and risk assessment.

20.

Safety statement.

21.

Duty of employers to co-operate.

22.

Health surveillance.

23.

Medical fitness to work.

24.

Joint safety and health agreements.

PART 4

Safety Representatives and Safety Consultation

25.

Safety representatives.

26.

Consultation and participation of employees, safety committees.

27.

Protection against dismissal and penalisation.

28.

Complaints to rights commissioners.

29.

Appeals from and enforcement of decisions of rights commissioner.

30.

Enforcement of determinations of Labour Court.

31.

Evidence of failure to attend before or give evidence or produce documents to Labour Court.

PART 5

The Authority

Chapter 1

The Authority

32.

Continuance in being of Authority.

33.

Minister may prescribe persons to perform certain functions.

34.

Functions of Authority.

35.

Conferral of additional functions on Authority.

36.

Establishment of subsidiaries.

37.

Membership of Authority.

38.

Advisory committees.

39.

Chief Executive.

40.

Consultants and advisers.

41.

Disclosure of certain interests by members of Authority.

42.

Disclosure of certain interests by members of staff of Authority.

43.

Strategy statement.

44.

Work programme of Authority.

45.

Grants to Authority.

46.

Power to borrow.

47.

Fees for services, etc.

48.

Accounts and audits.

49.

Attendance before Committee of Public Accounts.

50.

Attendance before other committees of Houses of the Oireachtas.

51.

Reports and information to the Minister.

Chapter 2

Staff of Authority

52.

Staff of Authority.

53.

Remuneration of staff of Authority.

54.

Transfer of officers etc., to Authority.

55.

Code of conduct.

56.

Superannuation of staff of Authority.

PART 6

Regulations, Codes of Practice and Enforcement

Chapter 1

Regulations and Codes of Practice.

57.

Review of legislation.

58.

Regulations.

59.

Miscellaneous adaptations.

60.

Codes of practice.

61.

Use of codes of practice in criminal proceedings.

Chapter 2

Enforcement

62.

Authorisation of inspectors.

63.

Medical examinations.

64.

Powers of inspectors.

65.

Directions for improvement plan.

66.

Improvement notice.

67.

Prohibition notice.

68.

Contravention of prohibition notice — application to High Court.

69.

Notices to be displayed.

70.

Investigations and special reports.

71.

Order of High Court as to use of place of work.

Chapter 3

Obtaining and Disclosure of Information

72.

Power to require information.

73.

Prohibition on unauthorised disclosure of confidential information.

74.

Amendment of Freedom of Information Act 1997.

75.

Disclosure of information.

76.

Disclosure of information by inspector in certain circumstances.

PART 7

Offences and Penalties

77.

Offences.

78.

Penalties.

79.

Provisions regarding certain offences.

80.

Liability of directors and officers of undertakings.

81.

Onus of proof.

82.

Prosecution of offences.

83.

Appeals from orders.

84.

Evidence.

85.

Publication of names of certain persons.

PART 8

Miscellaneous

86.

Indemnification of inspectors, etc.

87.

Powers of officer of customs and excise to detain articles, etc.

88.

Licences.

89.

Amendment of National Standards Authority of Ireland Act 1996.

SCHEDULE 1

Associated Statutory Provisions

SCHEDULE 2

Existing Enactments

SCHEDULE 3

General Principles of Prevention

SCHEDULE 4

Safety Committees

SCHEDULE 5

The Authority

SCHEDULE 6

The Chief Executive

SCHEDULE 7

Regulations

Acts Referred To

Air Navigation and Transport Act 1936

1936, No. 40

Air Pollution Act 1987

1987, No. 6

Boiler Explosions Act 1882

45 & 46 Vict., c. 22

Boiler Explosions Act 1890

53 & 54 Vict., c. 35

Civil Service Regulation Act 1956

1956, No. 46

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Consumer Information Act 1978

1978, No. 1

Coroners Act 1962

1962, No. 9

Courts Act 1981

1981, No. 11

Dangerous Substances Acts 1972 and 1979

Data Protection Acts 1988 and 2003

Defence Act 1954

1954, No. 18

Defence (Amendment) (No. 2) Act 1960

1960, No. 44

Electricity (Supply) Acts 1927 to 2004

Electronic Commerce Act 2000

2000, No. 27

Employment Agency Act 1971

1971, No. 27

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Explosives Act 1875

38 & 39 Vict., c. 17

Fire Services Act 1981

1981, No. 30

Freedom of Information Act 1997

1997, No. 13

Freedom of Information (Amendment) Act 2003

2003, No. 9

Gas Act 1976

1976, No. 30

Gas (Amendment) Act 1987

1987, No. 9

Gas (Interim) (Regulation) Act 2002

2002, No. 10

Licensing of Indoor Events Act 2003

2003, No. 15

Merchant Shipping (Investigation of Marine Casualties) Act 2000

2000, No. 14

Merchant Shipping Acts 1894 to 2000

Mines and Quarries Act 1965

1965, No. 7

Minimum Notice and Terms of Employment Acts 1973 to 2001

National Standards Authority of Ireland Act 1996

1996, No. 28

Notice of Accidents Act 1894

57 & 58 Vict., c. 28

Organisation of Working Time Act 1997

1997, No. 20

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Poisons Act 1961

1961, No. 12

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

Qualifications (Education and Training) Act 1999

1999, No. 26

Railway Employment (Prevention of Accidents) Act 1900

63 & 64 Vict., c. 27

Redundancy Payments Act 1967

1967, No. 21

Redundancy Payments Acts 1967 to 2003

Regulation of Railways Act 1842

5 & 6 Vict., c. 55

Regulation of Railways Act 1871

34 & 35 Vict., c. 78

Road Traffic Acts 1961 to 2004

Safety in Industry Acts 1955 and 1980

Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995

Safety, Health and Welfare at Work Act 1989

1989, No. 7

Social Welfare (Consolidation) Act 1993

1993, No. 27

Terms of Employment (Information) Acts 1994 and 2001

Trade Union Act 1941

1941, No. 22

Unfair Dismissals Acts 1977 to 2001

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Number 10 of 2005


SAFETY, HEALTH AND WELFARE AT WORK ACT 2005


AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK AND FOR THE ENFORCEMENT OF THE RELEVANT STATUTORY PROVISIONS, TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 89/391/EEC OF 12 JUNE 19891 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH OF WORKERS AT WORK AND COUNCIL DIRECTIVE 91/383/EEC OF 25 JUNE 19912 ON MEASURES TO IMPROVE THE SAFETY AND HEALTH AT WORK OF WORKERS WITH A FIXED-DURATION OR TEMPORARY EMPLOYMENT RELATIONSHIP, TO PROVIDE FOR THE FURTHER REGULATION OF WORK ACTIVITIES, TO CONTINUE IN BEING AND CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH AND RENAME THAT BODY AS THE HEALTH AND SAFETY AUTHORITY, TO REPEAL THE SAFETY, HEALTH AND WELFARE AT WORK ACT 1989, TO PROVIDE FOR THE REPEAL OF CERTAIN OTHER ENACTMENTS AND THE AMENDMENT OF THE NATIONAL STANDARDS AUTHORITY OF IRELAND ACT 1996 AND TO PROVIDE FOR RELATED MATTERS.

[22nd June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1OJ No. L183, 29.6.1989, p.1

2OJ No. L206, 29.7.1991, p.19