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New
Safety, Health and Welfare at Work Bill 2004 published
On
the 24th June 2004 the Bill to amend and update the legislation
(dating back to 1989) in the area of health and safety at
work was published. When enacted, this legislation will
constitute the legal framework for health and safety in
the workplace for the foreseeable future.
It
is a lengthy and comprehensive Bill which follows on from
a review of health and safety legislation that was carried
out about two years ago by the Health and Safety Authority.
Some of the main provisions of the Bill include the following
On
the spot fines
The
Bill provides for the imposition of on the spot fines on
either employers or employees for breach of the law, subject
to the enactment of the relevant Regulations by the Minister.
These
Regulations will set out a limited set of clearly defined
situations where on the spot fines can be imposed. The fines
would range from €100 to €1,000. Failure to pay
could result in prosecution.
General
duties of employers
The Bill restates the duties of the employer to ensure
as far as reasonably practical, the safety, health and welfare
of employees. The list of specific duties would include:
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Ensuring
that employees are properly instructed and trained,
without loss of earnings.
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Ensuring, as far as practicable, that non-employees
at the place of work are not put at risk.
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Identify the hazards within the work place in what will
be known as a Risk Assessment.
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Persons commissioning, procuring or constructing a place
of work must appoint a competent person to ensure that
construction is carried out safely and properly without
risk to health and safety.
The
Bill proposes that Safety Statements identifying risks and
hazards in the workplace will have to be reviewed annually.
General
duties of employees
Employees
have the following legal obligations and must;
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Comply
with the relevant health and safety legislation.
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Not be intoxicated at work and if necessary submit to
the appropriate test if reasonably required by the employer
(subject to the regulation of the Minister).
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Refrain
from improper conduct or behaviour.
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Wear protective clothing where necessary.
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Cooperate
with the employer and fellow employees.
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Do nothing to place themselves or others at risk.
Designers,
Manufacturers and Importers
The Bill provides that anyone who designs, manufactures
or imports products must ensure, so far as is reasonably
practicable that they are properly tested and found to be
safe and that sufficient information is provided to ensure
safe and proper use.
Penalties and Publication of Names
The Bill proposes that minor offences be prosecuted in the
District Court. The maximum penalty on conviction would
be a fine of €3,000 and/or 6 months imprisonment.
Serious offences would be prosecuted in the Circuit Court
with a maximum penalty on conviction of €3 million
and/or 2 years imprisonment.
The Bill provides for the publication by the Health and
Safety Authority of a list of names on whom fines or other
penalties have been imposed by the courts
Liability
of Directors and company officers.
Directors,
managers or other officers of a company that are found to
have consented to or connived in the breach or to have been
negligent could be separately prosecuted for the offence
under this proposed legislation.
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