Safety, Health and Welfare At Work Act, 1989

Civil liability.

60.—(1) Nothing in this Act shall be construed—

(a) as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by or under sections 6 to 11 , or

(b) as affecting the extent (if any) to which breach of a duty imposed by any of the existing enactments is actionable.

(2) Breach of a duty imposed by regulations made under section 28 shall, so far as it causes damage, be actionable except in so far as regulations provide otherwise.

(3) Subsections (1) and (2) shall apply without prejudice to any right of action which exists apart from the provisions of this Act.

(4) Any term of an agreement which purports to exclude or restrict the operation of subsection (2) of this section, or any liability arising by virtue of that subsection shall be void, except in so far as regulations made under section 28 provide otherwise.

(5) In this section “damage” includes death of or personal injury to any person.