Safety, Health and Welfare at Work Act 2005


Protective and Preventive Measures

Protective and Preventive Measures.

18.—(1) Without prejudice to the generality of section 8 , an employer shall, for the purpose of complying with the relevant statutory provisions, appoint one or more competent persons to perform such functions as are specified by the employer, relating to the protection from and the prevention of risks to safety, health and welfare at work.

(2) An employee appointed under subsection (1) as a competent person shall be allowed adequate time, with no loss of remuneration, to enable him or her to perform such functions as are specified by the employer.

(3) Every employer shall—

(a) ensure that—

(i) the number of persons appointed, and

(ii) the time available to them and the means at their disposal to perform their functions under this section,

are adequate having regard to the size of the place of work, the risks to which employees are exposed and the distribution of those risks in the place of work, and

(b) make arrangements for ensuring adequate co-operation between those persons and safety representatives (if any) appointed under section 25 whenever necessary.

(4) Where there is a competent person in the employer's employment, that person shall be appointed for the purposes of this section in preference to a competent person who is not in his or her employment except where the knowledge and experience of the person first referred to is not adequate or appropriate to the functions conferred by this section.

(5) An employer shall provide the competent person appointed under this section who is not in his or her employment with the following information:

(a) the factors known by the employer to affect, or suspected by the employer of affecting, the safety, health and welfare of his or her employees;

(b) the risks to safety, health and welfare and the protective and preventive measures and activities in respect of the place of work and the work carried out there;

(c) the measures for the evacuation of employees and other persons to be taken under section 11 , including the employees designated to implement the plans and measures referred to in paragraphs (a) and (b) of subsection (1) of that section; and

(d) such reasonable information about any person in the place of work concerned who is a fixed-term employee or a temporary employee as is necessary to enable the competent person to perform his or her functions under this section.