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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 ???