Safety, Health and Welfare at Work Act 2005

On the 1st September the Safety, Health and Welfare at Work Act 2005 came into effect, replacing the 1989 Act entirely. The Act introduces new duties for employers and employees and expands the powers of the Health and Safety Authority.

Employers Duties

1. Ensure the health and safety of employees in the management and conduct of the business of the company.
2. Ensure safety in the use of harmful agents or exposure to radiation, noise or vibration.
3. Implement health and safety measures and provide safety statements.
4. Maximise preventative measures with the risk of injury cannot be eliminated.
5. Inform employees appropriately as to risks and preventative measures.
6. Provide training and instruction – especially on recruitment.
7. Nominate competent persons to oversee the employer’s duties.
8. Regularly carry out risk assessments.
9. Safety Statements to be prepared based on the risk assessments carried out.
10. Carry out surveillance of the health of employees to protect against injury or disease.
11. If particular risks or hazards arise provide medical assessments of employees.
12. If the work place is shared with other entities – both employers have a duty to share information and to co-operate in the implementation of their respective health and safety policies.
13. Obligation to consult with employees in the promotion of health and safety in the workplace and to co-operate with the employee health and safety representatives

Employee Duties

1. Not to allow themselves to be under the influence of any intoxicant in the work place.
2. Not to behave in a way so as to endanger the health and safety of others.
3. To take reasonable care and to comply with statutory provisions.
4. To co-operate in the discharge of all health and safety obligations in the workplace.
5. To attend training and to be assessed.
6. To make proper use of all protective clothing and equipment and to comply with all instructions and training.
7. To report dangers or deficiencies in the work systems.

Personal Liability

Directors and other officers of companies have an increased exposure to findings of personal liability in circumstances where their decisions impact on health and safety in the workplace. The presumption has been introduced that the acts of such individuals are the acts of the company.

HSA powers of enforcement

In addition to the powers that existed under the previous legislation the HAS can publish the names of those convicted of offences or issued with prohibition notices. On the spot fines of up to €1,000 can be issued.

Conviction in the District Court can lead to the imposition of fines of up to €3,000, with fines of up to €3million for convictions in the Circuit Court.

If you require assistance please contact:
Anthony Layng at alayng@kilroys.ie or
Laurena Hughes at lhughes@kilroys.ie

© Kilroys Solicitors October 2005