Safety, Health and Welfare at Work Act, 1989

JurisdictionIreland
CitationIR No. 7/1989


Number 7 of 1989


SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Service of notices, etc.

4.

Repeals.

5.

Expenses.

PART II

General Duties

6.

General duties of employers to their employees.

7.

General duties of employers and self-employed to persons other than their employees.

8.

General duties of persons concerned with places of work to persons other than their employees.

9.

General duties of employees.

10.

General duties of designers, manufacturers, etc., as regards articles and substances for use at work.

11.

General duties of persons who design or construct places of work.

12.

Safety statement.

13.

Consultation at place of work and safety representatives.

PART III

National Authority for Occupational Safety and Health

14.

Establishment day.

15.

Establishment of the Authority.

16.

Functions of the Authority.

17.

Advisory committees.

18.

Director General.

19.

Staff of the Authority.

20.

Provisions applicable to officers, etc., transferred to the Authority.

21.

Superannuation of staff of the Authority.

22.

Grant to the Authority.

23.

Power of the Authority to borrow.

24.

Charges for services.

25.

Accounts and audits.

26.

Annual report.

PART IV

Regulations and Codes of Practice

27.

Review of legislation.

28.

Regulations.

29.

Miscellaneous adaptations.

30.

Codes of practice.

31.

Use of codes of practice in criminal proceedings.

PART V

Enforcement

32.

Enforcing agencies.

33.

Authorisation of inspectors.

34.

Powers of inspectors.

35.

Improvement directions and plans.

36.

Improvement notice.

37.

Prohibition notice.

38.

Power of officer of customs and excise to detain articles, etc.

39.

Order of High Court as to use of place of work.

40.

Indemnification of inspectors, etc.

41.

Inquiry into enforcing agency.

PART VI

Obtaining and Disclosure of Information

42.

Obtaining of information by the Authority.

43.

Information communicated by the Revenue Commissioners.

44.

Access to information.

45.

Restrictions on the disclosure of information.

PART VII

Special Reports and Inquiries

46.

Investigations and special reports.

47.

Power to direct an inquiry.

PART VIII

Offences, Penalties and Legal Proceedings

48.

Offences.

49.

Penalties.

50.

Onus of proof.

51.

Prosecution of offences, etc.

52.

Appeals from orders.

53.

Evidence.

PART IX

Miscellaneous

54.

Certificates of birth.

55.

General obligations with regard to fire safety.

56.

Inquest in case of death by accident or disease at work.

57.

Application of Act to prisons, etc.

58.

Increases in miscellaneous penalties.

59.

Licences.

60.

Civil liability.

61.

Immunity of Authority or enforcing agency.

FIRST SCHEDULE

National Authority for Occupational Safety and Health

SECOND SCHEDULE

PART I

Existing Enactments

PART II

Regulations made under the European Communities Act, 1972, which are Existing Enactments

THIRD SCHEDULE

Associated Statutory Provisions

FOURTH SCHEDULE

Regulations

FIFTH SCHEDULE

Repeal and Revocation of Certain Provisions of the Existing Enactments Relating to Penalties

PART I

Repeal of Statutes

PART II

Revocation of Statutory Instruments


Acts Referred to

Air Navigation and Transport Act, 1936

1936, No. 40

Air Pollution Act, 1987

1987, No. 6

Boiler Explosions Act, 1882

1882, c. 22

Boiler Explosions Act, 1890

1890, c. 35

Companies Act, 1963

1963, No. 33

Dangerous Substances Acts, 1972 and 1979

Electricity (Supply) Acts, 1927 to 1988

European Assembly Elections Acts, 1977 and 1984

European Communities Acts, 1972 to 1986

Explosives Act, 1875

1875, c. 17

Fire Services Act, 1981

1981, No. 30

Gas Acts, 1976 to 1987

Holidays (Employees) Act, 1973

1973, No. 25

Merchant Shipping Acts, 1894 to 1987

Mines and Quarries Act, 1965

1965, No. 7

Minimum Notice and Terms of Employment Acts, 1973 and 1984

Notice of Accidents Act, 1894

1894, c. 28

Nuclear Energy Act, 1971

1971, No. 12

Office Premises Act, 1958

1958, No. 3

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Poisons Act, 1961

1961, No. 12

Railway Employment (Prevention of Accidents) Act, 1900

1900, c. 27

Redundancy Payments Acts, 1967 to 1984

Regulation of Railways Act, 1842

1842, c. 55

Regulation of Railways Act, 1871

1871, c. 78

Road Traffic Acts, 1961 to 1987

Safety, Health and Welfare (Offshore Installations) Act, 1987

1987, No. 18

Safety in Industry Acts, 1955 and 1980

Social Welfare (Consolidation) Act, 1981

1981, No. 1

Superannuation Acts, 1834 to 1963

Unfair Dismissals Act, 1977

1977, No. 32


Number 7 of 1989


SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989


AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK, FOR PROTECTING OTHERS AGAINST RISKS TO SAFETY OR HEALTH IN CONNECTION WITH THE ACTIVITIES OF PERSONS AT WORK, FOR THE ESTABLISHMENT OF A NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH, TO PROVIDE FOR THE REPEAL OF CERTAIN ENACTMENTS, TO PROVIDE FOR THE FURTHER REGULATION OF DANGEROUS SUBSTANCES IN SO FAR AS THEY MAY AFFECT PERSONS OR PROPERTY AND FOR MATTERS CONNECTED WITH THE AFORESAID. [19th April, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Safety, Health and Welfare at Work Act, 1989.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act and an order under this subsection may provide for the commencement of section 4 (3) upon different days as respects different existing enactments and different provisions of existing enactments.

Interpretation.

2.—(1) In this Act—

“article” includes—

(a) any plant, machinery, apparatus and equipment for use or operation (whether exclusively or not) by persons at work, and

(b) any article designed for use as a component in any such plant, machinery, apparatus or equipment;

“associated statutory provisions” means the provisions of the enactments specified in the third column of the Third Schedule together with the instruments made under them for the time being in force;

“the Authority” means the National Authority for Occupational Safety and Health established by section 15 ;

“code of practice” includes a standard, a specification, and any other written or illustrated form of practical guidance, instruction or control, issued or approved of in accordance with section 30 ;

“contract of employment” means a contract of employment or service or of apprenticeship, whether it is expressed or implied and (if it is express) whether it is oral or in writing;

“employee” means a person who has entered into or works (or in the case of a contract which has been terminated, worked) under a contract of employment with an employer;

“employer” in relation to an employee, means the person by whom the employee is employed under a contract of employment; for the purpose of this definition a person holding office under or in the service of the State or of the Government shall be deemed to be employed by the State or the Government (as the case may be) and an officer or servant of a local authority or of a harbour authority, health board or vocational education committee shall be deemed to be employed by the local authority, harbour authority, health board or vocational education committee (as the case may be);

“enforcing agency” means a body prescribed to be an enforcing agency under section 32 ;

“establishment day” means the day appointed by the Minister under section 14 to be the establishment day;

“existing enactments” means the enactments specified in Part I of the Second Schedule , and any instruments under them, for the time being in force; and the regulations under the European Communities Act, 1972, for the time being in force specified in Part II of the said Second Schedule ;

“functions” includes powers and duties;

“improvement notice” means a notice under section 36 ;

“improvement plan” means a plan under section 35 ;

“inspector” means an inspector authorised under section 33 ;

“local authority” includes—

(a) the council of a county,

(b) the corporation of a county borough, or

(c) the Corporation of Dún Laoghaire,

and such local authority shall exercise its functions under this Act within its functional area;

“micro-organism” includes any microscopic biological entity which is capable of replication;

“the Minister” means the Minister for Labour;

“occupational medical adviser” means a person designated under section 34 (4) to be an occupational medical adviser;

“personal injury” includes any disease and any impairment of a person's physical or mental condition;

“place of work” includes any place, land or other location at, in, upon or near which, work is carried...

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