Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016.

JurisdictionIreland
CitationIR SI 370/2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2016.

I, PAT BREEN, Minister of State at the Department of Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 ) and the Jobs, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2016 ( S.I. No. 333 of 2016 ) after consultation with the Health and Safety Authority, hereby make the following regulations:

1. These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016.

2. These Regulations shall come into operation on 1 November 2016.

3. These Regulations shall be included in the collective citation the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016.

4. In these Regulations “Principal Regulations” means the Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 ).

5. (1) Subject to paragraph (2), the Safety, Health and Welfare at Work (General Application) Regulations 1993 ( S.I. No. 44 of 1993 ), in so far as they are still in operation, are revoked.

(2) Notwithstanding paragraph (1), Part X of, and the Twelfth Schedule to, the Safety, Health and Welfare at Work (General Application) Regulations 1993 continue to apply in respect of accidents and dangerous occurrences which occurred before 1 November 2016.

6. The Principal Regulations are amended—

(a) by inserting in the “Arrangement of Regulations”, after “PART 13 ABRASIVE BLASTING OF SURFACES”, the following:

“PART 14

REPORTING OF ACCIDENTS AND DANGEROUS OCCURRENCES

224. Interpretation for Part 14.

225. Reporting of accidents and dangerous occurrences.

226. Keeping of records.

227. Application of Part 14.

228. Defence in proceedings.

229. Examinations and tests.”,

(b) by inserting in the “Arrangement of Regulations”, after “Schedule 14, TRAINING AND INSTRUCTION”, the following:

“SCHEDULE 15

DANGEROUS OCCURRENCES”,

(c) by inserting the following new Part after Regulation 223:

“PART 14

REPORTING OF ACCIDENTS AND DANGEROUS OCCURRENCES

Interpretation for Part 14

224. (1) In this Part—

“dangerous occurrence” means an occurrence listed in Schedule 15 which occurs at any place of work other than at a mine within the meaning of the Mines and Quarries Act 1965 (No. 7 of 1965);

“personal injury” does not include any disease, occupational illness or any impairment of mental condition;

“pipeline” has the same meaning as it has in Part 10;

“relevant fluid” has the same meaning as it has in Part 10;

“responsible person” means—

(a) in the case of any event required to be reported under Regulation 225 involving an employee at work, his or her employer;

(b) in any other case, except where paragraph (c) applies, the person having control of a place of work for the purpose of any trade, business or undertaking (whether for profit or not) at which the accident or dangerous occurrence required to be reported under Regulation 225 occurs; and

(c) where a self-employed person is fatally injured at a place of work, the person who owns the place of work or, in the case of a tenancy existing in respect of the place of work, the tenant except where the fatally injured person is the owner or tenant.

(2) In this Part, a reference to an accident or a dangerous occurrence arising at or in connection with work includes a reference to an accident or dangerous occurrence which is attributable to the manner of conducting the undertaking concerned or to any article or substance used for the purposes of the undertaking concerned or to the condition of any part of the place of work where the undertaking concerned is carried on.

Reporting of Accidents and Dangerous Occurrences

225. (1) Where—

(a) an employee dies as a result of an accident at their place of work or in the course of carrying out their work in a location other than their normal place of work,

(b) an employee, as a result of an accident at their place of work or in the course of carrying out their work in a location other than their normal place of work, is prevented from performing their normal work for more than 3 consecutive days, excluding the day of the accident but including any days which would not have been working days,

(c) an employee dies within one year as a result of an accident at their place of work or in the course of carrying out their work in a location other than their normal place of work,

(d) any person who is not at work but who as a result of an accident related to a place of work or a work activity dies, within one year of the accident,

(e) any person who is not at work but who as a result of an accident related to a place of work or a work activity suffers any injury or condition which, due to the nature or severity of the injury or condition, results in the person being taken from the location of the accident to receive treatment in respect of that injury in a hospital or medical facility, or

(f) there is a dangerous occurrence,

the responsible person shall—

(i) in the case of a death, as soon as possible after the death comes to his or her knowledge, supply the Authority by the quickest practicable means with the name of the deceased, brief particulars and the location of the accident and, within 5 working days of the death, send a written report to the Authority in the approved form, or

(ii) in the case of a non-fatal injury, or a dangerous occurrence, as soon as reasonably practicable and not later than 10 working days after the event, send a written report to the Authority in the approved form.

(2) In the case where a responsible person is a self-employed person, it shall be sufficient compliance with paragraph (1) if the self-employed person makes arrangements with some other person for that person to make the notification or report required by that paragraph on behalf of the self-employed person.

(3)(a) Where an accident which is reportable under paragraph (1) occurs and causes loss of life to a person, no person shall disturb the place where it occurred or tamper with anything at that place before—

(i) that place has been inspected by an inspector, or

(ii) the expiration of 3 clear days after reporting in accordance with paragraph (1) of the accident.

(b) Nothing in this Regulation shall prohibit the doing of anything by or with the consent of an inspector, or anything required to be done in compliance with any other statutory provision.

(c) In any proceedings taken in respect of a contravention of this paragraph consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety or health of any person.

Keeping of Records

226. (1) The responsible person shall keep a record of any accident or dangerous occurrence which is required to be reported under Regulation 225 to the Authority, for a period of 10 years from the date of the accident or dangerous occurrence.

(2) A record required to be kept under this Regulation shall contain the same information as in the approved form referred to in Regulation 225(1).

(3) A record required to be kept under this Regulation shall be kept at the place where the work to which it relates is carried on or, if this is not practicable, at the usual place of business of the responsible person.

(4) Where an employer is required by or under statute (other than the Act) to keep a record of injuries or deaths at work, such a record shall be sufficient compliance with paragraph (1) if it contains the particulars specified in paragraph (2).

(5) Where the Authority requests a responsible person to send it extracts from a record required to be kept by this Regulation, the responsible person shall comply with such a request as soon as possible.

Application of Part 14

227. (1) Regulation 225 does not apply in a case where a person dies or is injured or suffers ill health and such person is a patient undergoing medical treatment carried out by a registered medical practitioner or a...

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