P1252428726eBqaN - PowerPoint PPT Presentation
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Title: P1252428726eBqaN
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SAFETY HEALTH AND WELFARE AT WORK ACT 1989
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HISTORY
- First comprehensive reform of safety and health
legislation since the formation of the state. - Follows on the Report of the commission of
inquiry on safety, health and welfare at work
chaired by Mr. Justice Barrington. (The
Barrington report). - Also follows requirements of EU
- Single Europe Act which required implementation
of the social dimension. - Other framework directives
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HISTORY CONTINUED
- Initial legislation aimed at industry and mines
- Based on UK acts
- Dealt with
- dangerous machines
- Set up a system of inspectorates
- working conditions
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EARLY LEGISLATION I
- Boiler Explosions Acts 1882 1890
- The factory and workshops act 1901
- Provided for detailed legislation
- Factories act 1955
- Consolidated and updated 1901 act
- Office Premises Act 1958
- Applies to offices with more than 5 employees
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EARLY LEGISLATION II
- Mines and Quarries Act 1965
- Dangerous Substances Act 1972 1979
- Safety in Industry Act 1980
- Produced as a bill in 1978
- Followed UK Health and Safety at Work Act 1974
- This produced following report of Robens
committee - Far ranging
- There had been no consultation with industry
hence hold up - Safety Health and Welfare (Offshore
Installations) Act 1987
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EXISTING LEGISLATION
- SHAWAWA includes all existing legislation
- All the previous acts
- Regulations made under the various acts
- EU directives on safety
- Other acts concerned with safety
- e.g. safety at sea electricity supply aircraft
navigation
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SHAWAWA
- It is a general act
- Gives minister power to make regulations
- Sections 6 - 11 cannot be used to support civil
claims (see S.60) - Breach of statutory duty (Dunleavy v. Glen Abbey
1992 I.L.R.M. 1) - Established National Authority for Occupational
Safety and Health - Retained the inspectorate system
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RELEVANT SECTIONS
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PART IIGENERAL DUTIES
- S6(1) It shall be the duty of every employer to
ensure, so far as is reasonably practicable, the
safety, health and welfare of all his employees. - N.B. Every employer is bound by the act. This
is the first time all employers have been bound
by an act relating to safety.
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GENERAL DUTIES - EMPLOYERS LIABILITYSECTION 2
- (a) as regards any place of work under the
employers control, the design, the provision and
the maintenance of it in a condition that is, so
far as reasonably practicable, safe and without
risk to health - (b) safe means of access and egress
- (c) safe machinery
- (d) safe systems of work
- (e) provision of information and training
- (f) provision of suitable clothing or
equipment. - (g) emergency plans
- (h) safety in the use of any article or
substance
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THIRD PARTY LIABILITY SECTION 7
- General duties of employers and self-employed to
persons other than their employees. - (1) It shall be the duty of every employer to
conduct his undertaking in such a way as to
ensure, so far as reasonably practicable, that
persons not in his employment who may be affected
thereby are not exposed to risks to their safety
or health. - Similarly refers to self-employed
- Requires both to give information about safety.
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EMPLOYEES DUTIES - SECTION 9
- First time employees duties enshrined in statute
- An employee shall take reasonable care for his
own safety and for that of others. - They will cooperate with the employer and others
to comply with statute - Use the protective clothing and safety equipment
issued - They will report to an employer or supervisor any
defects - Equipment shall not be misused by an employee
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OTHER DUTIES - SECTION 10/11
- Duties are prescribed for designers,
manufacturers, erectors and installers - Sets out duties in respect of safety and health
insofar as their tasks are concerned - This includes both machinery and equipment as
well as places of work
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SAFETY STATEMENT - SECTION 12
- This provides that EVERY employer prepare a
safety statement - It shall be based on an identification of
hazards and assessment of risks - Contents
- Set out how safety requirements are being met
- Sets out the cooperation required from employees
- Includes the names of the persons responsible for
tasks assigned to them in the statement - An inspector can reject the statement
- Report of companies under companies act will
include details of their policy as set out in the
safety statement
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SAFETY STATEMENT
- A self employed person shall prepare a safety
statement - The terms of the safety statement should be
brought to the attention of the employees - May be used in civil cases
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OTHER SECTIONS
- Makes provision for cooperation
- Provides for the appointment of safety
representatives - Formation of the National authority for safety
and health - NAOSH can draw up codes of practice
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ENFORCEMENT
- An enforcing agency may be formed
- Inspectors may be appointed by NAOSH or by an
enforcing agency - An inspector can enter any place of work
- Improvement notices can be issued
- Prohibition notices may be served
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REGULATION (GENERAL APPLICATION) 1993
- Expands on the act
- Provides for emergency evacuation procedures
- Amplifies the risk assessment requirement by
providing that employees shall have a written
assessment - Provides for training of employees
- Clarifies the meaning of workplaces
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QUESTIONS ???
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