Safety, Health and Welfare at Work (General Application) Regulations 2007


S.I. No. 299 of 2007


SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS 2007

REVISED

Updated to 30 April 2018


This Revised Statutory Instrument is an administrative consolidation of the Safety, Health and Welfare at Work (General Application) Regulations 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018), enacted 25 April 2018, and all statutory instruments up to and including Safety, Health and Welfare at Work (Mines) Regulations 2018 (S.I. No. 133 of 2018), made 26 April 2018, were considered in the preparation of this Revised Statutory Instrument.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


S.I. No. 299 of 2007


SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS 2007

REVISED

Updated to 30 April 2018


This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.

Related legislation

Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one ( Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016 ), reg. 3. The instruments in this group are:

Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016)

Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016)

Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016)

Annotations

This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1987, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

None.

All Acts up to and including Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018), enacted 25 April 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Safety, Health and Welfare at Work (Mines) Regulations 2018 (S.I. No. 133 of 2018)

Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016)

Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010)

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007)

All statutory instruments up to and including Safety, Health and Welfare at Work (Mines) Regulations 2018 (S.I. No. 133 of 2018), made 26 April 2018, were considered in the preparation of this revision.


S.I. No. 299 of 2007


SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS 2007

REVISED

Updated to 30 April 2018



S.I. No. 299 of 2007


SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS 2007

REVISED

Updated to 30 April 2018


I, Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2005 ( S.I. No. 316 of 2005), after consultation with the Health and Safety Authority, hereby make the following regulations—

Part 1

Interpretation and General

Citation and commencement.

1

1. (1)These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) Regulations 2007.

(2) These Regulations come into operation on 1 November 2007.

Interpretation.

2

2. (1) In these Regulations:

“Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);

F1 [ group 2 biological agent has the meaning assigned to it by Regulation 2 of the Regulations of 2013;

group 3 biological agent has the meaning assigned to it by Regulation 2 of the Regulations of 2013;

group 4 biological agent has the meaning assigned to it by Regulation 2 of the Regulations of 2013; ]

“lifting equipment” means work equipment for lifting, lowering loads or pile driving, and includes anything used for anchoring, fixing or supporting such equipment;

“personal protective equipment” means all equipment designed to be worn or held by an employee for protection against one or more hazards likely to endanger the employee's safety and health at work, and includes any additions and accessories to the equipment, if so designed, but does not include—

(a) ordinary working clothes and uniforms not specifically designed to protect the safety and health of an employee,

(b) personal protective equipment for the purposes of road transport,

(c) sports equipment,

(d) self-defence equipment or deterrent equipment, or

(e) portable devices for detecting and signalling risks and nuisances;

“public road” means a road the responsibility for the maintenance of which lies on a road authority;

F1 [ Regulations of 2013 means the Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 ( S.I. No. 572 of 2013 ); ]

“road authority” means a county council, a city council or a town council (within the meaning of the Local Government Act 2001 (No. 37 of 2001)) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;

“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work.

(2) An employer shall ensure that, where activities mentioned in sections 6 and 11(5) of the Act are being carried out, the safety, health and welfare of the employer's employees are protected as far as possible, taking account of the relevant statutory provisions.

(3) Without prejudice to the generality of section 19 of the Act, an employer shall, in identifying hazards and assessing risks under that section, take account of particular risks if any, affecting employees working alone at the place of work or working in isolation at remote locations.

(4) Any reference in these Regulations to provisions encompassed in the generality of the Act shall be without prejudice to the requirements of those provisions in the Act.

Revocations and savings.

3

3. The following are revoked:

(a) Factories (Report of Examination of Hoists and Lifts) Regulations 1956 ( S.I. No. 182 of 1956),

(b) Factories Act 1955 (Hoists and Lifts) (Exemption) Order 1957 ( S.I. No. 80 of 1957),

(c) Factories Act 1955 (Lifts) (Exemption) Order 1960 ( S.I. No. 129 of 1960),

(d) Regulations 22 to 35 and 37 and 38 and the Schedule to the Docks (Safety, Health and Welfare) Regulations 1960 ( S.I. No. 279 of 1960),

(e )Factories Act, 1955 (Hoistways) (Exemption) Order 1962 ( S.I. No. 211 of 1962),

(f) Quarries (Electricity) Regulations 1972 ( S.I. No. 50 of 1972),

(g) Mines (Electricity) Regulations 1972 ( S.I. No. 51 of 1972),

(h) Quarries (General) Regulations 1974 ( S.I. No. 146 of 1974) to the extent of in Regulation 3, the definitions of “lifting appliance” and “safe working load” Regulations 40 and 41, in the First Schedule “FORM No. 3” and “FORM No. 5” and the Second Schedule,

(i) Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 ( S.I. No. 322 of 1975) to the extent of in Regulation 3(1), the definitions of “lifting equipment” and...

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