S.I. No. 528/2021 - Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th October, 2021.

I, DAMIEN ENGLISH, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2020 ( S.I. No. 579 of 2020 ), and after consultation with the Health and Safety Authority, hereby make the following regulations:

1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2021.

(2) The Principal Regulations, the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2019 ( S.I. No. 129 of 2019 ), the Regulations of 2020 and these Regulations may be cited together as the Safety, Health and Welfare at Work (Construction) Regulations 2013 to 2021.

2. In these Regulations—

“Principal Regulations” means the Safety, Health and Welfare at Work (Construction) Regulations 2013 ( S.I. No. 291 of 2013 );

“Regulations of 2020” means the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2020 ( S.I. No. 102 of 2020 ).

3. Schedule 4 (as amended by Regulation 3 of the Regulations of 2020) to the Principal Regulations is amended by substituting for paragraphs 3 and 4 the following paragraph:

“3. Notwithstanding paragraph 2—

(a) where the 4 year period referred to in that paragraph expired between 1 March 2020 and 31 October 2020 (inclusive of those dates), the safety awareness registration card shall be regarded as valid for the purpose of these Regulations for the period of 5 years and 11 months (or 71 months) from the date of completion of the programme or scheme in respect of which it was issued, and

(b) where the 4 year period referred to in that paragraph expired between 1 November 2020 and the date of coming into operation of this provision (inclusive of those dates), the safety awareness registration card shall be regarded as valid for the period of 5 years and two months (or 62 months) from the date of completion of the programme or scheme in respect of which it was issued.”.

GIVEN under my hand,

13 October 2021

DAMIEN ENGLISH,

Minister of State at the Department of Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to amend the Safety, Health and Welfare at Work (Construction) Regulations 2013 to gradually bring to an end the extended validity of safety awareness registration cards provided for by the introduction of the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2020 ( S.I. No. 102 of 2020 ).

These Regulations may be cited as the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2021.