Chemicals (Amendment) Act 2010

Amendment of Safety, Health and Welfare at Work Act 2005.

12.— The Safety, Health and Welfare at Work Act 2005 is amended—

(a) in subsection (5) of section 18, by deleting “who is not in his or her employment”,

(b) in subsection (8) of section 29, by inserting “or, if an appeal has been brought, the appeal has been abandoned” after “no appeal has been brought”,

(c) in section 58, by deleting subsection (2),

(d) in section 65—

(i) in subsection (1), by substituting “an improvement plan (in this section and in section 66 referred to as a ‘plan’)” for “an improvement plan”,

(ii) in paragraph (b) of subsection (2), by substituting “a plan” for “an improvement plan”,

(iii) in subsection (2), by deleting paragraph (c),

(iv) in subsection (4), by substituting “a plan” for “an improvement plan”, and

(v) by inserting the following new subsections:

“(5) Within one month of receipt of a plan submitted pursuant to a notice under subsection (4), an inspector shall confirm by written notice to the person who submitted the plan, whether or not he or she is satisfied that the plan is adequate.

(6) A notice under subsection (4) or (5) shall, where the inspector is satisfied with the plan, require the employer concerned to implement the plan.

(7) A person to whom a direction under subsection (1) or a notice under subsection (4) or (5) applies shall comply with the notice or direction.

(8) A direction or notice under this section shall be signed and dated by the inspector.”,

(e) in section 66—

(i) by substituting the following paragraph for paragraph (b) of subsection (1):

“(b) has failed to comply with a direction under section 65(1), or a notice under section 65(4)(b), or”,

(ii) by inserting the following paragraphs in subsection (1):

“(c) has submitted a plan in relation to which an inspector has confirmed by notice under section 65(5) that he or she is not satisfied that the plan is adequate, or

(d) has failed to implement a plan,”,


(iii) by deleting paragraph (d) of subsection (2),


(f) in section 78—

(i) in subsection (1), by substituting “€5,000” for “€3,000”,

(ii) in paragraph (i) of subsection (2), by substituting—

(I) “€5,000” for “€3,000”, and

(II) “12 months” for “6 months”,


(iii) in subsection (4), by substituting “or consultants” for “of or consultants”.