The Safety, Health and Welfare at Work Act 2005 is the main legislation providing for the health and safety of people in the workplace. The Act sets out the rights and obligations of both employers and employees and provides for substantial fines and penalties for breaches of the health and safety legislation.

Employers – including all directors and officers of undertakings who authorise or direct any work activities must understand their legal responsibilities and their roles in governing safety and health, upholding core safety and health values and setting good safety and health standards for their business. The most senior management in the organisation must ensure that all board members have a clear understanding of the key safety and health issues for the business and are continually appraised of the risks likely to arise. Whatever role directors play in the running of the undertaking, they must have, or ensure the availability to the undertaking of, the basic knowledge and safety and health competence that their role requires.

Directors may be prosecuted under the 2005 Act for failing to manage safety and health in the undertaking. Section 80 of the 2005 Act provides that a director, manager or other similar officer of the undertaking may be deemed to be guilty of the same offence as the undertaking if the doing of the acts that constituted the offence has been authorised, or consented to by, or is attributable to connivance or neglect on the part of the director. In such instances, for example, ignoring a safety and health issue could constitute neglect.

Almost all of the specific health and safety laws which apply generally to all employments are contained in the Safety, Health and Welfare at Work (General Application) Regulations 2007 (also known as SI 299 of 2007 <hyperlink>.

 

In order to prevent workplace injuries and ill health the employer is required, among other things, to:

Risk assessment and safety statement

Under the Safety, Health and Welfare at Work Act 2005 every employer is required to carry out a risk assessment to identify any hazards present in the workplace, assess the risks arising  and specify the steps to be taken to deal with any risks.

The employer must also prepare a safety statement which is based on the risk assessment. The statement should also contain the details of people in the workforce who are responsible for safety issues. Employees should be given access to this statement and employers should review it on a regular basis.

The employer should tell employees about any risks that require the wearing of protective equipment and provide such equipment free of charge.

There is a range of measures that employers must take in regard to visual display units (VDUs).  Operators must be given adequate breaks from the VDU. In addition, employers must arrange for eye tests and, if required, make a contribution towards the purchase of prescription eyeglasses. 

Reporting accidents

All accidents in the workplace should be reported to the employer, who should record the details of the incident.. An employer is obliged to report any accident that results in an employee missing 3 consecutive days at work to the HSA.

Pregnant employees

An employer should carry out separate risk assessments in relation to pregnant employees.. If a doctor certifies that night work would be unsuitable for a pregnant employee, the employee must be given alternative work or health and safety leave.

A similar risk assessment following an employee's return to work after maternity leave is required

Young people

An employer should carry out a separate risk assessment in relation to an employee under 18 years of age.  If certain risks are present, including risks that cannot be recognised or avoided by the young person due to factors like lack of experience, the young person should not be employed.

Violence in the workplace

The possibility of violence towards employees should be addressed in the safety statement.. Proper safeguards should be put into place to eliminate the risk of violence as far as possible.

Bullying

Employers must prevent improper conduct or behaviour (which includes bullying). An employer should have established procedures for dealing with complaints of bullying in the workplace and deal with such complaints immediately.

Harassment

The Employment Equality Acts 1998 and 2004 place an obligation on all employers in Ireland to prevent harassment by reason of one’s gender, marital status, family status, sexual orientation, age, disability, race, religious belief or membership of the Traveller Community in the workplace

Victimisation

Employee may not be victimised or penalised for exercising his or her rights under safety and health legislation such as making a complaint.

Unsure about your responsibilities under health and safety legislation?  Call Jordan Business Systems today.