Safety, Health and Welfare at Work Act 2005

Investigations and special reports.

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.

(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.

(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.

(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.

(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.

(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 ).