The Safety, Health

1
The Safety, Health Welfare at Work Act(s), 1989
( 2005)

• Augustine O Connell
• Draft Presentation Bill not yet signed into law

2
HS

• Began as a review / Amendment to 1989 act
• Significant changes
• Changes to general duties
• Outline of HS

3
Overview of Bill

• Definition of competent person
• Definition of reasonable practicable
• General duty to manage work activities
• Intoxicates staff
• Safety Statement managing safely and annual
  review
• Civil liability for breach of all duties

4
Safety Statement

• Sections 18 24 (Sec 12 1993 Regs.)
• Safety Statement securing managing safety
• Content to be more detailed than 89 Act
• Risk Assessment integrated implemented for all
  activities levels of the place of work
• Annual review
• Sector (gt 3 employees)

5
Criminal Offences

• 89 Act breaches of general duty
• District Court 1900 (max)
• Circuit Court (Judge Jury) unlimited fine and
  / or custody
• 2004 Bill - breaches of general duty
• District Court 3000 and/or 6 months
• Circuit Court 3m and/or 2 years
• Case Smurfit News Print (2004) 1m fine

6
Conclusions

• Must have corporate governance (result of last
  three weeks lectures)
• Note increase in penalties
• Change to managing Safety, Health Welfare
• Importance of internal procedures (Governance)
• Prevention Culture (also assessment of health
  risks e.g. Stress, bullying)

7
General Duty of Employer to Employees

• Sec 8 (Sec 6)
• Manage conduct work activities to ensure
  objective of Act (S,HW)
• Prevent improper conduct or behaviour
• New Specific risks Noise, vibration, radiation
  other physical agents
• Impose the general principles of prevention
• Report prescribed accidents to HSA

8
General Duty of Employer to persons other than
Employees

• Sec 12 15 (Sec 7 8)
• Sec 12 Manage conduct work activities to
  ensure objective of Act (S,HW)
• Sec 15 places, access/egress equipment
• Sec 20 ensuring contractors safety statement is
  up to date (prescribed activities)

9
General Duty of Employees

• Sec 13 (sec 9)
• Not intoxicated
• Submit to reasonable retests by a medical
  practitioner who is a competent person (likely to
  have a Constitutional case on Bodily Integrity)
• Draft Regs.
• See Railway Safety Bill for comparison (DETE v.
  D. Transport)

10
Amendments to Bill

• Intoxication tests by doctor
• Corporate killing LRC Recommendation
• Draft Regs. on Intoxication
• Regulatory Impact Assessment / Competitive
  Assessment
• Level of fines

11
Definition of Competence

• Sec. 8 18 employer must engage at least one
  competent person
• Sec. 2 Training, experience knowledge taken
  into account in 89 Act
• FETAC Framework
• Existing qualifications

12
Definition of Reasonable Practicable

• European Commission queries
• Case Law
• Article 5.4 of framework Directive
• Sec 2(6) of Bill
• Exercised all due care
• Protective preventive measures
• Hazard Risk assessment / identification
• Where the measures to be taken would be grossly
  disproportionate having regard to unusual,
  unforeseeable and exceptional nature
• Onus of Proof