What is the Safety, Health and Welfare at Work Act 2005
The Safety, Health and Welfare at Work Act 2005, which repealed and replaced the Safety, Health and Welfare at Work Act 1989 was brought in to make further provision for the safety, health and welfare of persons at work. This Act clarifies and enhances the responsibilities of employer‘s, the self-employed, employees and various other parties in relation to safety and health at work. The Act also details the role and functions of the Health and Safety Authority, provides for a range of enforcement measures that may be applied and specifies penalties that may be applied for breach of occupational safety and health.
Who does the new Act apply to?
The Act applies to all employers, self-employed and employees in all places of work. It also places duties on designers, suppliers, manufacturers and others concerned with work activities.
What are my duties as an employer under the 2005 Act?
Many of the duties, which were in place under the 1989 Act, are retained in the 2005 Act. These duties have been extended or re-defined in the new Act. The new duties are highlighted below but all requirements are equally applicable.
The different requirements are split up into the following headings:
I only have one employee; do I need a safety statement?If an employer who employs 3 or fewer employees is engaged in an activity for which there is a code of practice for that type of activity, they can fulfil their duty in relation to safety statements by complying with such code of practice. This only applies where specific code(s) of practice are issued by the Health and Safety Authority.
The Health and Safety Authority has not yet issued such codes of practice and, accordingly, the provisions of section 20 of the 2005 Act apply in full to all employers.
What are the new penalties for breaches of health and safety legislation?
Most offences, including any breaches of Regulations under the 2005 Act may be tried either:
in summary proceedings in the District Court where the max penalty is €3,000 per charge and/or up to six months imprisonment or on indictment in the Circuit Court where the maximum penalty is €3,000,000 and/or imprisonment for a term not exceeding two years.
May the Health and Safety Authority publish the name of my company if it is in breach of the legislation?
The Health and Safety Authority may compile and publish a list of names and addresses and the description of the business or activities of every person:
who has been fined or given any other penalty by a court in relation to safety and health legislation on whom a Prohibition Notice has been served against whom a High Court order was made regarding the use of a place of work
Safety Statement and Risk Assessment (S.S. R.A.)
What is a Risk Assessment?Section 19 of the Safety, Health and Welfare at Work Act 2005 requires that employers and those who control workplaces to any extent must identify the hazards in the workplaces under their control and assess the risks to safety and health at work presented by these hazards.
Employers must examine and write down these workplace risks and what to do about them. Ultimately, assessing risk means that anything in the workplace that could cause harm to your employees, other employees and other people (including customers, visitors and members of the public) must be carefully examined. This allows you to estimate the magnitude of risk and decide whether the risk is acceptable or whether more precautions need to be taken to prevent harm.
Employers are required to implement any improvements considered necessary by the risk assessment. The aim is to ensure that no one gets hurt or becomes ill.
However, it is important to remember that, in identifying hazards and assessing risks, employers should only consider those which are generated by work activities. There is no need to consider every minor hazard or risk that we accept as part of our lives.
The results of any risk assessments should be written into the safety statement.
What is a Safety Statement?Section 20 of the Safety, Health and Welfare at Work Act 2005 requires that an organisation produce a written programme to safeguard:
The safety statement represents a commitment to their safety and health. It should state how the employer will ensure their safety and health and state the resources necessary to maintain and review safety and health laws and standards. The safety statement should influence all work activities, including
It is essential to write down the safety statement and put in place the arrangements needed to implement and monitor it. The safety statement must be made available to staff, and anyone else, showing that hazards have been identified and the risks assessed and eliminated or controlled.
Why is it important to carry out a Risk Assessment and prepare a Safety Statement?The main aim is to make sure that no one gets hurt or becomes ill. Accidents and ill health can ruin lives, and can also affect business if output is lost, machinery is damaged, insurance costs increase, or if you have to go to court. Therefore, carrying out risk assessments, preparing and implementing a safety statement and keeping both up to date will not in themselves prevent accidents and ill health but they will play a crucial part in reducing their likelihood.
What does the law require regarding Risk Assessments and Safety Statements?Every employer is required to manage safety and health at work so as to prevent accidents and ill-health. The Safety, Health and Welfare at Work Act 2005 require employers to:
This process has a practical purpose. It will help employers and other duty holders to manage employees’ safety and health, and get the balance right between the size of any safety and health problems and what has to be done about them. This is because the system must be risk-based; the required safety measures must be proportionate to the real risks involved and must be adequate to eliminate, control or minimise the risk of injury. The system must involve consultation between the employer and his/her employees, who are required by law to cooperate with the employer in the safety-management process.
Who needs to read the Risk Assessments and Safety Statement?The employer must ensure that the contents of the safety statement, which includes the risk assessments, is brought to the attention of all employees and others at the workplace who may be exposed to any risks covered by the safety statement. In particular, all new employees must be made aware of the safety statement when they start work. The statement must be in a form and language that they all understand.
Other people may be exposed to a specific risk dealt with in the safety statement and the statement should be brought to their attention. These people could include:
Where specific tasks are carried out, which pose a serious risk to safety and health, the relevant contents of the safety statement must be brought to the attention of those affected, setting out the hazards identified, the risk assessments and the safety and health measures that must be taken.
Am I qualified enough to prepare a Safety Statement correctly?The employer has ultimate responsibility for safety and health. In most firms in the office, retail, commercial, service and light industrial sector, the hazards and hazardous work activities are few and simple. Checking them is common sense, but necessary. In small firms, employers understand their work and can identify hazards and assess risks themselves. There are many information sources such as Codes of Practices, guidelines, legislation and standards available to support employers when compiling safety statements. Consultation should always take place with the employees, including safety representatives, as they are the ones doing the work and dealing with the hazards on a daily basis.
Who approves a Safety Statement?The safety statement is required by law under Section 20 of the Safety, Health and Welfare at Work Act 2005. A HSA inspector may review a Safety Statement during an inspection of a workplace. If he/she finds that it is inadequate, he/she can direct an employer to revise it within 30 days.
Who is responsible for preparing the Risk Assessment and Safety Statement?Those required preparing a risk assessment and safety statement are:
What are the two key components of measuring safety and health performance?The two key components of measuring safety and health performance are:
What should the employer do after the Safety Statement has been reviewed?Employers should bring any changes made to the attention of the safety representatives, employees and any other persons who may be affected by the new measures set out in the safety statement. They must be informed about the new findings and of any changes in the required safety and health precautions. Make sure all modifications or improvements required by the new risk assessments and safety statement review are implemented as soon as possible.
Are there any factors to be considered in specific Risk Assessments?Different workplace settings will identify differing hazards, dependent on the work activities being carried out. Therefore, assorted control measures shall be considered for the various risks in such workplaces.
I am considering seeking the advice and services of a safety consultant. Can you offer me any advice?
Section 18 of the Safety, Health and Welfare at Work Act 2005 states that, where a competent employee (in matters relating to health and safety), is available to an employer, that person should be utilised to address issues relating to safety, health and welfare. If the employer does not have access to a competent person “in-house”, s/he should obtain the services of someone from outside the organisation to assess and advise on the safety, health and welfare requirements. Prior to engaging the services of a consultant, the employer should make reasonable enquiries that the person or company being employed has an adequate level of competence to address the work activities under consideration. This might involve checking the consultant’s qualifications and experience, to be assured that s/he has the requisite competence to address the issues of health and safety within the workplace. Generally a person specialising in safety consultancy will have, in addition to relevant experience, a certificate, diploma degree or other qualification in the field of occupational health and safety. They might also be a member of a professional institute specialising in occupational health and safety, such as the Institute of Occupational Safety and Health (IOSH-http://www.ioshireland.ie) and/or other professional institutes. Depending on the work activities and the workplace under consideration, the consultant might need to have additional qualifications and experience in the type of activity being assessed. S/he might also need to have access to specialist information and expertise to be in a position to be adequately informed before assessing the nature and extent of the hazards within a workplace and the appropriate control measures and systems to put in place to adequately address those hazards on an ongoing and systematic basis.
Chemical Agents
What chemical agents are known to endanger the health of pregnant employees and their unborn children?There are about 800 substances labelled with risk phrases e.g. R40, R45, R46, R61, R63, R64 (see question below for meaning of individual risk phrases) which can only be determined following a risk assessment of a particular substance in the workplace. If the exposure is below a level as set down in the Chemical Agents Regulations, 2001 there may be no risk in practice. The employer must assess the health risks to workers arising from working with hazardous substances. When assessing the risks the following legislation should also be taken into account:
Also Pregnant at Work – A Guide lists chemical agents in so far as it is known that they endanger the health of pregnant women and the unborn child.
General Application Regulations
What does the term ‘General Application’ mean?The term ‘general application’ in the title of the Regulations is intended to convey the message that the various Parts and Chapters of the Regulations apply to all employments, as does the Safety, Health and Welfare at Work Act 2005. As such, the Regulations are designed to simplify the task for employers and workers of locating and identifying the safety and health laws which apply to all.
Why are these Regulations being introduced?The Safety, Health and Welfare at Work (General Application) Regulations were introduced in 1993. The updated Regulations maintain the general thrust of the earlier provisions while introducing a number of refinements to make them more coherent, easier to use and relevant to the changed work environment. The Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) provides the basis for making these Regulations.
What areas are covered under these Regulations?The Safety, Health and Welfare at Work (General Application) Regulations 2007 contains 8 Parts and 10 Schedules, as follows:
Part 2 - Workplace and Use of Work EquipmentChapter 1 – WorkplaceChapter 2 – Use of Work EquipmentChapter 3 – Personal Protective EquipmentChapter 4 – Manual Handling of LoadsChapter 5 – Display Screen Equipment
Part 3– ElectricityPart 4 - Work at HeightPart 5 - Physical Agents
Chapter 1 - Control of Noise at WorkChapter 2 - Control of Vibration at Work
Part 6 - Sensitive Risk Groups Chapter 1 - Protection of Children and Young Persons Chapter 2 - Protection of Pregnant, Post Natal and Breastfeeding Employees Chapter 3 - Night Work and Shift work
Part 7 – Safety Signs and First-AidChapter 1 - Safety Signs at Places of WorkChapter 2 – First-Aid
Part 8 - Explosive Atmospheres at Places of Work
Schedule 1 – Requirements for Work EquipmentSchedule 2 – Personal Protective EquipmentSchedule 3 – Risk Factors for Manual Handling of LoadsSchedule 4 – Minimum Requirements for all Display Screen Equipment Schedule 5 – Inspection of Work EquipmentSchedule 6 – Hand-Arm Vibration and Whole-Body VibrationSchedule 7– Protection of Children and Young PersonsSchedule 8 – Lists of Agents, Processes and Working Conditions Relating to Pregnant, Post Natal and Breastfeeding EmployeesSchedule 9 – Safety and Health Signs at WorkSchedule 10 – Explosive Atmospheres
Safety Signs
Why must safety signs not contain text?Safety signboards put in place after 1 November 2007 should not contain text. This is because the symbols or pictograms on a signboard are intended to be understood, independently of the language ability of the worker viewing it. Employers must instruct employees on the meaning of signs.
Do existing safety signs containing text have to be replaced?Where a signboard is already in place before 1 November 2007 and it meets all the requirements of Part 7 and Schedule 9 to the Regulations, except that it contains text, an employer may leave that signboard in place until 1 January 2011.
What colours and shapes should be used on safety signboards?
Abrasive Wheels
According to the Regulations, an abrasive wheel can be:
What other basic safety considerations should be taken into account when working with abrasive wheels?In addition to the requirements of the Regulations, the following may also be considered:
Additionally, if generators are used to power any such machines:
What types of issues arise from the use of abrasive wheels?The types of hazards arising from the use of abrasive wheels include:
Do abrasive wheels have to be tested and inspected?Yes. Routine inspection and preventive maintenance are essential. Each abrasive wheel must be tested before use in order to ensure it is fit for use. Additionally, a visual inspection should be carried out by a competent person before each use. Any tool in an unsafe or unserviceable condition must be withdrawn from use until defects have been rectified by a competent person.
Do I need a CSCS ticket to operate an abrasive wheel?No. CSCS tickets are issued in accordance with training under the Construction Skills Certification Scheme. The Abrasive Wheel Regulations require that any user of abrasive wheels is trained and competent to do so, and so they require formal training in abrasive wheels, but they are not issued with CSCS tickets after such training. This training must be administered by a competent person, in accordance with the Regulations.
Who is allowed mount an abrasive wheel?The Regulations state that a person can only mount an abrasive wheel if:
Accident Reporting
What types of Accidents must be notified to the Health and Safety Authority?
General injuries involving employees and self-employed
If I get injured on a Wednesday and return to work on Monday is it reportable?Yes, because the person is absent from work for more than 3 consecutive days, the accident is reportable (even if the employee does not normally work on a week-end, the Saturday and Sunday are counted).
If I hurt my back on a Monday and return to work on Thursday but am unable to work on Friday is it reportable?No, you were not out of work for more than 3 consecutive days
Who is responsible for notifying accidents to the Health and Safety Authority?In the case of an accident involving an employee at work, the employer is responsible for reporting the accident.In any other case (if the injured person is self-employed or a member of the public), the person responsible for reporting the accident is the person having control of the place of work at which the accident occurred.If a self-employed person is fatally injured, the person who is the owner or tenant in the place of work is responsible for reporting the accident. If the fatally injured person is the tenant or owner of the place of work, the next of kin has responsibility for reporting the accident.
Accidents can be reported to the Health and Safety Authority in two ways; namely
(1) by hard copy, i.e. completing the Incident Report Form (IR1) and posting the completed form to the Workplace Contact Unit, Health and Safety Authority, The Metropolitan Building, James Joyce Street, Dublin 1, or
(2) Online, via the Health and Safety Authority's website, www.hsa.ie, please follow the following link, https://webapps.hsa.ie/CIRW/
What is the procedure for notifying a fatal accident to the Health and Safety Authority?The responsible person is required to:
The responsible person should ensure that no person disturbs the accident scene before:
If an injured person dies within a year of the accident, the responsible person is required to notify the Authority in writing as soon as possible after the death comes to their knowledge, even if the incident has not previously been notified to the Authority.The Gardaí should be notified immediately of all workplace accidents resulting in death.
ATEX Regulations
What is the ATEX Directive?It is a European Directive, called the ATEX Directive No.1992/92, and is concerned with the risks from fire and explosion arising from flammable substances stored or used in the workplace.
What additional requirements apply in place where explosive/flammable atmospheres occur?
The Regulations originally allowed a transposition period which has now expired. Therefore, the Regulations now apply to all workplaces.
What are the employer‘s duties under this Directive?Overall the Regulations clarify the existing requirements to manage fire and explosion risks, and impose some specific requirements, which are described below.
Employers and the self-employed must:
Bullying - Employee Perspective
I feel I’m being bullied but I’m not sure. What is bullying?Workplace bullying behaviour, which is repeated, whether verbal, physical or otherwise, conducted by one or more people, at the place of work, if it is undermining the individual’s right to dignity while they work is considered to be bullying. A once off incidence it not considered to be bullying even though it may make the individual feel undermined at the time.
The Task Force (Mar’01) recommends the following definition:Workplace Bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work.
An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying.
What is the role of the HSA?The remit of the Authority is a policy one. We do not have an interventionist role but can assist in terms of policy and management of the issue generally at organisational level. If an organisation refuses to supply a policy to our Inspectors, as part of their overall Safety Management System, they can be issued with an Improvement Notice to do so.
I have made an official complaint to my employer in line with our policy and nothing has happened but the bullying continues? What will I do next?You may contact a Rights Commissioner at the Labour Relations Commission on 1890 220 227/01 6136700 at Tom Johnson House, Haddington Rd, D4. Rights Commissioners deal with bullying grievances through mediation and/or arbitration.
I am sexually harassed in my workplace – what can I do?If you feel you are being bullied due to your sexual orientation, family status, marital status, religion, race, disability, membership of the traveller community, age or gender, you should contact the Equality Authority on 1890 245 545/01 4173333. Harassment under all of the above grounds is against the law and the Equality Authority is the State Agency that monitors all of the above. Depending on the strength of your individual case, the Authority may refer you on to a hearing of the Equality Tribunal.
I was dismissed from my job because I reported bullying, what can I do now?If you feel your employment was terminated due to bullying, you should contact the Employment Appeals Tribunal on 01 6313347. They will send out claim application forms under the unfair and construction dismissal proceedings to complainants. They will not however offer information and advice on dismissal proceedings etc. They will refer callers to the Information Unit at Enterprise Trade and Employment tel: 01 6313131 or 1890 220 222 option 2. The information unit will also send out claim forms.
Manual Handling
What legislation covers manual handling?The Safety, Health and Welfare at Work, (General Applications) Regulations 2007, Chapter 4 of Part 2, outline the requirements that must be adhered to in relation to manual handling.
How do you carry out a manual handling risk assessment?
There are four key steps to carrying out a manual handling risk assessment:
1. Identify the manual handling tasks that need to be assessed
2. Develop a risk assessment schedule
3. Carry out a risk assessment process
Who can carry out a manual handling risk assessment?
A competent person should carry out the manual handling risk assessment. This is a person who has adequate knowledge, training and experience to carry out the task properly and objectively. This may be somebody within the company or the employer may feel the need to hire an external consultant depending on the situation.
Employers must satisfy themselves that the person conducting the manual handling risk assessment is capable of doing so properly and effectively.
As an employer, do I have to put in mechanical aids to eliminate manual handling of loads?
When assessing manual handling (or any other) risks to employees, the first consideration after identifying the hazard, is to eliminate it. If the hazard cannot be eliminated completely it must be reduced until the work can be carried out safely. The results of the risk assessment should highlight the hazards involved in all tasks. The employer must then put appropriate control measures in place to avoid or reduce manual handling activities. The HSA guidance ‘Management of Manual Handling in the Workplace’ outlines a variety of case studies and possible manual handling solutions.
What is the course content of a manual handling training course?
Training and Information alone are not enough to ensure safe manual handling, but rather are just one important aspect of a manual handling management programme. Training should be specific to the work tasks involved.
As there is a wide variety of manual handling tasks it is impossible to set down a specific training course. At the end of a training course, participants should have a clear understanding of the risks involved in manual handling and be apply to apply the skills learned to their specific work activities. To do this, it is essential that the course content should include both instruction and practical training and should cover the following topics:
Night and Shift Workers
What is night work?Night work refers to work carried out during the period between midnight and 7 a.m. on the following day.
What is a night worker?A night worker is an employee:
Is it legal to work alone at night-time?Yes. There is nothing specific in general legislation that prohibits a person from working alone at night. Section 19 of the Safety, Health and Welfare at Work Act 2005 requires the employer to undertake a risk assessment, and so this shall determine whether or not an employee may work at night-time. Therefore, in general, an employer must assess whether an employee is at significantly higher risk when working at night, and determine what measures should be put in place to eliminate or minimise such risks. However, in addition to undertaking a risk assessment, the employer must also consider the provisions of Section 16 of the Organisation of Working Time Act 1997, relating to night workers.
Does Safe Pass still have to be in place when the QSCS cards are issued in Quarries?
No there will be no requirement for persons going for QSCS training Cards to have a Safe Pass course done.
Do contractors have to have QSCS when they enter a quarry?
Yes, from Nov 2009 all categories of workers to which QSCS applies will be required to have training and hold a QSCS card.
What do Sections 25 and 26 of the Safety, Health and Welfare at Work Act 2005 cover?The 2005 Act provides for consultation between employers and employees to help ensure co-operation in the prevention of accidents and ill health. Under section 25 of the 2005 Act, employees are entitled to select a safety representative to represent them on safety and health matters with their employer. Section 26 sets out the arrangements for this consultation on a range of safety and health issues at the workplace. Where a safety committee is in existence in a workplace it can be used for this consultation process. These are key provisions of the 2005 Act and a central part of the preventive system of promoting safety and health at work.
Does the safety representative carry out workplace inspections?A safety representative, after giving reasonable notice to the employer, has the right to inspect the whole or part of a workplace he or she represents, at a frequency or on a schedule agreed between him/her and the employer, based on the nature and extent of the hazards in the place of work. A safety representative also has the right to immediately inspect where an accident, dangerous occurrence or imminent danger or risk to the safety, health and welfare of any person has occurred.
Factors that should be considered when deciding the frequency of inspections include:
What type of inspections does the safety representative undertake?Inspections can take various forms, which can be used either separately or in any combination. Such common types of inspections are: