Safety, Health and Welfare at Work Act, 1989

• Jurisdiction: Ireland
• Citation: IR No. 7/1989
• Year: 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...