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Safety, Health & Welfare At Work (General Applicat

The Safety, Health & Welfare At Work Act, 1989 was designed as a ‘framework act’. It introduced the general principles of safety, health and welfare, and its intention was to ‘enable’ those involved at workplace level – employers and employees – through the Safety Statement and consultative structures, to effectively manage the safety problem at workplace level. When more specific, ‘prescriptive measures’ are required – that is the setting of minimum standards for the safe use or operation of any article or substance, the Minister lays down such standards through Regulations or Statutory Instruments under the aegis of the primary Act – the Safety, Health & Welfare At Work Act, 1989. Statutory Instruments or Regulations are known as ‘delegated or secondary legislation’.

What Other Safety, Health & Welfare Legislation Is There?

Many Regulations – Statutory Instruments – have been made under the Safety, Health & Welfare At Work Act 1989 and other acts dealing with health and safety. These Regulations deal with technical standards that should apply to controlling specific hazards such as noise, carcinogens or biological agents; the classification, packaging, labelling, transporting and storing of hazardous substances; or establishing minimal standards for key industrial sectors such as construction or dangerous equipment such as woodcutting machinery and abrasive wheels.

The Safety, Health & Welfare At Work (General Application) Regulations, 1993, SI 44

These Regulations must be read in conjunction with the principal Act.  They are the application into Irish law of various European Union Directives dealing with specific hazards.

What Are The General Principles Of Prevention?

The General Principles Of Prevention outline a hierarchy of controls -

  • avoidance of risks;

  • evaluation of unavoidable risks;

  • the combating of risks at source;

  • the adaptation of work to the individual, especially as regards the design of places of work, the choice of work equipment and the choice of systems of work, with a view, in particular, to alleviating monotonous work and work at a pre-determined work rate and to reducing their effect on health;

  • the adaptation of the place of work to technical progress;

  • the replacement of dangerous articles, substances or systems of work by non-dangerous or less dangerous articles, substances or systems of work;

  • the development of an adequate prevention policy in relation to safety, health and welfare at work. This must take into account the organisation of work, working conditions, social factors and the influence of factors related to the working environment;

  • the giving to collective protective measures priority over individual protective measures;

  • the giving of appropriate training and instructions to employees.

    These General Principle Of Prevention can be used to checklist health and safety management in the workplace. Are they adequately reflected in safety policies? If the workplace Safety Statement were examined, would these Principles clearly be seen to have been adhered to?

    What Are The General Duties Under The Regulations?

    The employer must take account of changing circumstances and these General Principles Of Prevention in taking measures to protect the safety and health of employees (Regulation 5).  Risks must be periodically evaluated, taking account of the most recent evaluation in ensuring improvements and integrating them into the work place.

    Regulation 6 imposes a ‘ duty to co-operate’ between every employer and self-employed person.

    In other words, Safety Statements should be exchanged between employer and contractor before work commences and taking into account the nature of the work activities, they should co-ordinate their activities, informing each other, their respective employees and Safety Representatives of any risks involved.

    Regulation 7 indicates that any health and safety measure should not involve workers in financial cost.

    Personal protective equipment (PPE) should, therefore, be free of charge where it is used exclusively within the workplace. The employer may seek a contribution towards the cost of the equipment that is not used exclusively within the workplace.  Regulation 8 obliges the employer to designate one or more persons to carry out specific duties related to the protection from and prevention of occupational risk. If no one in the employment has sufficient competence to carry out any such role assigned then such competence must be sought or be brought in on a contract or consultant basis. Persons designated might be given responsibility for fire prevention and precaution, electrical safety, occupational hygiene, manual handling training or first aid, to name but a few special tasks relating to protection and prevention. Safety Representatives must ensure that such persons also consult with them in developing policies for improving safety and health.  Regulation 9 relates to emergency duties and obliges every employer to have an adequate emergency plan and persons designated to carry out specific tasks. Workers must be informed as soon as possible in the event of serious, imminent, unavoidable danger and instructed to stop work or immediately leave the place of work and proceed to a place of safety. In the absence of any immediate supervisor, workers may themselves take such action of ceasing work and evacuating the danger area and they should not be placed at any disadvantage as a consequence of their action.

    This is the only reference in law to an employee’s right to ‘stop a job’ in the event of a concern over safety, health and welfare at work. It is not an absolute right. No such right to ‘stop a job’ is given to Safety Representatives.

    It should also be remembered that, under Section 9 of the Safety, Health & Welfare at Work Act, 1989, all employees have a duty to take reasonable care of their and others’ safety, health and welfare at work. In other words, they should not place themselves or others at risk.  Regulation 10 obliges employers, when preparing a Safety Statement, to produce a written risk assessment and to decide on any protective measures to be taken or personal protective equipment (PPE) to be used.

    Regulation 11 obliges employers to provide information to the workers or their Safety Representative on matters concerning safety and health risks and protective and preventive measures. Employers must also give workers and Safety Representatives access to risk assessments, information on accidents and dangerous occurrences and other matters relating to safety and health.

    Regulation 12 relates to consultation and participation of employees and obliges employers to consult with workers in advance and in good time on matters such as protective measures proposed, designation of employees, planning and organisation of training and the planning and introduction of new technologies. Where appropriate, consultation arrangements shall include balanced participation of both employer and workers.

    This Regulation suggests that any consultative structures - including Safety Committees - must have ‘balanced participation’. This does not only mean equal numbers of employer and employee representatives but a balance between the differing parts or departments of an enterprise.

    Regulation 13 imposes a duty on every employer to provide training on matters relating to safety and health. Workers must receive time off without loss of remuneration to receive adequate safety and health training. Manual handling training must take account of the risk factors detailed in the Regulations and their attendant Schedules. Training shall be adopted to take account of new and changed risks.

    Regulation 14 places a duty on workers to make correct use of articles, substances and other means of production and to properly use personal protective equipment (PPE), taking account of training.

    Regulation 15 places a duty on employers to carry out health surveillance where appropriate.  Health surveillance is defined as the periodic review – for the purpose of protecting health and preventing occupationally related disease – of the health of employees, so that any adverse variations in their health which may be related to working conditions are identified as early as possible.

    What Regulations Relate To Specific Hazards?

    The Safety, Health & Welfare At Work (General Application) Regulations, 1993 are also the

    vehicle by which various European Union Directives dealing with specific hazards are

    transposed into Irish law. The areas detailed are

  • workplace;

  • work equipment;

  • personal protective equipment (PPE);

  • manual handling;

  • display screen equipment - visual display units (VDUs);

  • electricity;

  • first aid;

  • notification of accidents and dangerous occurrences.

    Space prevents any detailed explanation of these Regulations in this Guide. Reference can, however, be made to the HSA Guide To The Safety, Health & Welfare At Work Act, 1989 And Safety, Health & Welfare At Work (General Application) Regulations, 1993, SI 44. The Regulations contain detailed provisions concerning –

  • standard requirements for all workplaces with regard to temperature, lighting, rest rooms, space, wash rooms and toilet facilities, with a cut off for new premises of 31 December, 1992;

  • work equipment used for the first time before and after 31 December, 1992, with references to training, operation and maintenance;

  • the listing of work activities requiring PPE (personal protective equipment), pointing out that it is a last resort, the provision, training in use and selection of PPE, and a nonexhaustive list of PPE that might be used;

  • manual handling of loads, criteria for carrying out a risk assessment of any manual handling task, the obligation to replace manual handling by mechanical aids where possible, and the requirement to train all exposed operatives in manual handling;

  • minimum requirements for all display screen equipment and work stations;

  • standards for the installation, operation and maintenance of all electrical equipment;

  • the identification of the need for occupational first aiders, their training and possible activities and the provision of first aid equipment;

  • and the obligation to report accidents and dangerous occurrences.

    What Accidents And Dangerous Occurrences Must Be Reported Under The Regulations And By Whom?

    The employer or person responsible – senior manager – must report to the Health & Safety Authority (HSA) by the quickest method possible any situation where the –

  • employee(s) dies or is off work for more than three days following the accident;

  • employee(s) dies or suffers an injury or condition requiring treatment from a doctor as an in-patient or out-patient;

  • or there is a dangerous occurrence.

    In the event of a death the accident scene cannot be disturbed until a Health & Safety Inspector has inspected the site. The Regulations contain a detailed list of ‘Dangerous Occurrences’, which include the collapse of scaffolding, collapse or failure of buildings and specified plant and equipment, fire and explosions. Records of all such accidents and incidents must be kept by the employer for ten years.

    The HSA provides statutory forms for reporting accidents, Form IR1, and dangerous occurrences, Form IR3, and they can be downloaded from the HSA website.  These reports are for statutory purposes. All employments should, in addition, have accident and dangerous occurrence reporting procedures so that effective investigations can be conducted – involving employees through their Safety Representatives or the Safety Committee – so that cause(s) can be identified and remedial or preventive action taken to prevent recurrence or diminish future risk.

    Safety, Health & Welfare At Work (Construction) Regulations, 2001, SI 481

    Construction fatalities have become a major concern for the trade union movement. Apart from the general duties imposed on those in the industry by the Safety, Health & Welfare At Work Act, 1989 and the Safety, Health & Welfare At Work (General Application) Regulations, 1993, SI 44, the industry is covered by the new Construction Regulations.  The Safety, Health & Welfare At Work (Construction) Regulations, 2001, SI 481, revoke previous Construction Regulations. They are over one hundred pages long and contain a huge amount of standards, safe practices and practical guidance.

    The main parts of the Regulations are –

  • design and management listing general duties of the client, project supervisor at both design and construction stage, designer, Site Safety Representative and notification of the project to the HSA;

  • general duties of contractorsincluding the appointment of Safety Officers, the erection and installation of plant and equipment, information, consultation and duties of employees;

  • safety of workplaces including general items, protection from falling material, lighting of workplaces, projecting nails and loose material, construction of temporary structures, and avoidance of danger from collapse of structures;

  • excavations, shafts, earthworks, underground works and tunnels including general standards, inspection and examination, supervision and execution of shoring and other work, excavations likely to reduce the security of a structure, fencing of excavations and safeguarding of edges;

  • cofferdams and caissons including construction and maintenance, means of egress in case of flooding, supervision and inspection of material, inspections and examinations;

  • compressed air including general standards, plant and equipment and minimum requirements;

  • explosives;

  • dangerous or unhealthy atmospheres including health hazards, disposal of waste and internal combustion engines or dangerous gas;

  • work on or adjacent to water including transport by water and prevention of drowning;

  • transport, earthmoving and materials handling machinery, and locomotives including general standards, rails and rail tracks, clearance, riding in insecure positions, vehicles near excavation edges and protection of the driver;

  • demolition including general standards, fire, flooding and precautions;

  • working at heights including scaffold erection, selection of materials, supervision, maintenance, stability, supports, suspensions, boatswain’s chairs, inspections, contractors’ scaffolds, decking, guard-rails, stairways and ladders, openings, corners, breaks, edges, open joisting, and slung scaffolds, cantilever, jib, figure, bracket scaffolds, fragile and sloping roofs, loads on scaffolds and prevention of falls and provision of safety nets and harnesses;

  • lifting appliances including construction, maintenance, support, anchoring, fixing and erecting, precautions for travelling or slew motion, platforms for crane drivers and signallers, cabins, drums and pulleys, brakes, control and safety devices, safe means of access, poles, supports, pulley blocks, gin wheels, stability, rail mountings, restrictions, competent operating, signals, testing and examination, making and indication of safe loads, precautions on raising and lowering, scotch and derrick guys, and cranes in factories and other premises;

  • chains, ropes and lifting gear including construction, examination and testing, safe working loads, hooks, slings, knotted chains, annealing, and delivery of loads with lifting gear attached;

  • hoists including safety of hoists, platforms and cages, operation, winches, safe working loads and testing and examination;

  • carriage of persons and secureness of loads including lifting appliances, hoists, secureness and mobile elevating work platforms;

  • miscellaneous including installations, machinery and equipment, wet paint or cement wash on iron or steel work, helmets or crowns for pile driving;

  • keeping of records.

    In addition, a number of Schedules to the Regulations lay down –

  • non-exhaustive list of work involving particular risk to safety and health;

  • requirements of the general principles of prevention;

  • minimum health and safety requirements for construction sites, on-site indoor work stations, work in compressed air and excavators and loaders used as cranes.

    What Are The Requirements Relating To Consultation?

    The main requirements relating to Consultation are that -

  • sites with more than twenty (20) workers must have a Safety Representative;

  • and where no Safety Representative is present the Project Supervisor - Construction Stage (PSCS) must facilitate the process of selection.

    Requirements For Training

    The main requirements for training are for –

  • mandatory Safety Training for all on site;

  • the FÁS Safe Pass Programme is the safety awareness training programme provided for in the regulations. The requirement is for all site workers to attend and have registration cards for the training. Safe Pass registration is renewable every four (4) years;

  • FÁS Construction Skills Certificate Scheme (CSRS) is for skills cards to be issued after training for specific skills training – such as machine drivers, tele-porters, etc;

  • the FÁS Safe Pass Programme and FÁS CSRS are listed together with the Procedure For Selection Of Safety Representatives.

    Requirements For Welfare

    The Project Supervisor Construction Stage (PSCS) must co-ordinate arrangements for the provision and maintenance of welfare facilities for all persons at work on a construction site.  The criteria for these provisions of various facilities to workers on a site have been rationalised by being linked to the numbers employed on the site rather than the number of workers employed by individual employers.

    How Can A Safe Pass Course Be Accessed?

    For an employee to gain access to a Safe Pass Course contact can either be made with FÁS, their employer or trade union or either ETS or the IDEAS Institute who are providers of the course. ETS can be contacted at the TEEU Education & Training Centre, 6 Gardiner Row, Dublin 1 - tel 01 878 0988. The IDEAS Institute is situated at Canal House, 563 South Circular Road, Kilmainham, Dublin 8 – tel 01 453 1440 – and they will deal with enquiries from any part of the country.

    Safe Pass training –

  • takes place over one day;

  • release should be facilitated by the employer with no loss of earnings;

  • the course deals with safety awareness, hazard identification and risk assessment, and construction safety and health;

  • there is a short test at the end of the day;

  • those passing this simple test are issued with a Safe Pass Card bearing their photograph and the date they passed;

  • the Safe Pass Card is a pre-requisite for any employee wishing to be employed on a construction site;

  • FÁS Safe Pass must be renewed every four years.

    Regulations In Safety, Health & Welfare At Work

    As has been seen from the examples of the General Application and Construction Regulations, important minimum standards are laid down in Regulations (Statutory Instruments) in the area of safety, health and welfare at work.

    If you wish to know more about the standards applicable in your employment sector, contact your Trade Union or the HSA. The HSA can supply a full list of applicable Regulations and appropriate guidance.




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