Safety, Health and Welfare at Work Act 2005


Number 10 of 2005


SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

REVISED

Updated to 12 July 2016


This Revised Act is an administrative consolidation of the Safety, Health and Welfare at Work Act 2005. 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 Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), made 12 July 2016, were considered in the preparation of this Revised Act.

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.


Number 10 of 2005


SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

REVISED

Updated to 12 July 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Safety, Health and Welfare at Work Acts 2005 to 2014 : this Act is one of a group of Acts included in this collective citation ( Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 1(3)). The Acts in this group are:

Safety, Health and Welfare at Work Act 2005 (10/2005)

Chemicals Act 2008 (13/2008), s. 37

Chemicals (Amendment) Act 2010 (32/2010), s. 12

Industrial Development (Forfás Dissolution) Act 2014 (13/2014), Part 7

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1999, 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

Workplace Relations Act 2015 (16/2015)

Freedom of Information Act 2014 (30/2014)

Industrial Development (Forfás Dissolution) Act 2014 (13/2014)

Education and Training Boards Act 2013 (11/2013)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Chemicals (Amendment) Act 2010 (32/2010)

Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010)

Chemicals Act 2008 (13/2008)

Medical Practitioners Act 2007 (25/2007)

National Oil Reserves Agency Act 2007 (7/2007)

Railway Safety Act 2005 (31/2005)

Medical Practitioners Act 1978 (4/1978)

Dangerous Substances Act 1972 (10/1972)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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 (Electromagnetic Fields) Regulations 2016 (S.I. No. 337 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 (Chemical Agents) (Amendment) Regulations 2015 (S.I. No. 623 of 2015)

Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015)

Safety, Health and Welfare at Work (Docks) (Revocation) Regulations 2015 (S.I. No. 521 of 2015)

Safety, Health and Welfare at Work Act 2005 (Repeals) (Commencement) Order 2015 (S.I. No. 519 of 2015)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

European Union (Prevention of Sharps Injuries in the Healthcare Sector) Regulations 2014 (S.I. No. 135 of 2014)

Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No. 572 of 2013)

Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013)

Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2013 (S.I. No. 182 of 2013)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2013 (S.I. No. 9 of 2013)

Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012 (S.I. No. 481 of 2012)

Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (S.I. No. 461 of 2012)

Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2012 (S.I. No. 446 of 2012)

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

European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (S.I No. 349 of 2011)

Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011)

Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011).

European Communities (Safety of Toys) Regulations 2011 (S.I. No. 14 of 2011)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2010 (S.I. No. 628 of 2010)

European Communities (Inland Transport of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2010 (S.I. No. 620 of 2010)

Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010 (S.I. No. 619 of 2010)

Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010 (S.I. No. 618 of 2010)

Carriage of Dangerous Goods by Road Regulations 2010 (S.I. No. 617 of 2010)

Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2010 (S.I. No. 589 of 2010)

Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 (S.I. No. 523 of 2010)

European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 (S.I. No. 293 of 2010)

Persistent Organic Pollutants Regulations 2010 (S.I. No. 235 of 2010)

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

European Communities Environmental Objectives (Groundwater) Regulations 2010 (S.I. No. 9 of 2010)

European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2008 (S.I. No. 593 of 2008)

Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 (S.I. No. 423 of 2008)

European Communities (Machinery) Regulations 2008 (S.I. No. 407 of 2008)

European Communities (Lifts) (Amendment) Regulations 2008 (S.I. No. 406 of 2008), reg. 3(a).

European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008 (S.I. No. 272 of 2008)

Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 (S.I. No. 130 of 2008)

Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 (S.I. No. 29 of 2008)

Safety, health and welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008)

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

Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

Safety, Health and Welfare At Work Act 2005 (Repeals) (Commencement) Order 2007 ( S.I. No. 300 of 2007)

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

Carriage of Dangerous Goods By Road Act 1998 (Fees) Regulations 2007 (S.I. No. 291 of 2007)

Carriage of Dangerous Goods By Road Act 1998 (Appointment of Competent Authorities) Order 2007 (S.I. No. 290 of 2007)

European Communities (Carriage of Dangerous Goods By Road) (Adr Miscellaneous Provisions) Regulations 2007 (S.I. No. 289 of 2007)

Carriage of Dangerous Goods By Road Regulations 2007 (S.I. No. 288 of 2007)

Planning and Development Regulations 2006 (S.I. No. 685 of 2006)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2006 (S.I. No. 630 of 2006)

Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2006 (S.I. No. 408 of 2006)

Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2006 (S.I. No. 407 of 2006)

European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2006 (S.I. No. 406 of 2006)

Carriage of Dangerous Goods by Road Regulations 2006 (S.I. No. 405 of 2006)

Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I. No. 386 of 2006)

Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006)

Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 (S.I. No. 370 of 2006)

Safety, Health and Welfare at Work (Work at Height) Regulations 2006 (S.I. No. 318 of 2006)

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 ( S.I. No. 74 of 2006)

Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005 (S.I. No. 548 of 2005)

Safety, Health and Welfare at Work (General Application) (Revocation) Regulations 2005 (S.I. No. 392 of 2005)

Safety, Health and Welfare at Work Act 2005 (Commencement) Order 2005 (S.I. No. 328 of 2005)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2004 (S.I. No. 860 of 2004)

Safety, Health and Welfare At Work (Construction) (Amendment) Regulations 2003 (S.I. No. 277 of 2003)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002 (S.I. No. 624 of 2002)

Safety, Health and Welfare At Work (Chemical Agents) Regulations 2001 (S.I. No. 619 of 2001)

Planning and Development Regulations 2001 (S.I. No. 600 of 2001)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2001 (S.I. No. 584 of 2001)

Safety, Health and Welfare At Work Act, 1989 (Repeal of Section 38 of Factories Act, 1955) (Commencement) Order 2001 (S.I. No. 219 of 2001)

Safety, Health and Welfare At Work (Confined Spaces) Regulations 2001 (S.I. No. 218 of 2001)

Safety, Health and Welfare At Work (Carcinogens) Regulations 2001 (S.I. No. 78 of 2001)

Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999 (S.I. No. 424 of 1999)

Safety, Health and Welfare At Work (Fishing Vessels) Regulations 1999 (S.I. No. 325 of 1999)

Safety, Health and Welfare At Work (Biological Agents) (Amendment) Regulations 1998 (S.I. No. 248 of 1998)

European Communities (Lifts) Regulations 1998 (S.I. No. 246 of 1998)

Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 (S.I. No. 467 of 1997)

Dangerous Substances Act, 1972 (Part IV Declaration) Order 1996 (S.I. No. 387 of 1996)

Safety, Health and Welfare At Work Act, 1989 (Repeals and Revocations) Order 1995 (S.I. No. 357 of 1995)

Dangerous Substances (Amendment) Regulations 1995 (S.I. No. 103 of 1995)

Safety, Health and Welfare At Work (Biological Agents) Regulations 1994 (S.I. No. 146 of 1994)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

Safety, Health and Welfare At Work (General Application) Regulations 1993 (S.I. No. 44 of 1993)

Safety, Health and Welfare (Offshore Installations) (Operations) Regulations 1991 (S.I. No. 16 of 1991)

Safety, Health and Welfare (Offshore Installations) (Life-Saving Appliances) Regulations 1991 (S.I. No. 15 of 1991)

Safety, Health and Welfare (Offshore Installations) (Emergency Procedures) Regulations 1991 (S.I. No. 14 of 1991)

Safety, Health and Welfare (Offshore Installations) (Installation Managers) Regulations 1991 (S.I. No. 13 of 1991)

Safety, Health and Welfare (Offshore Installations) Act, 1987 (Commencement) Order 1990 (S.I. No. 274 of 1990)

Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 201 of 1990)

Safety, Health and Welfare At Work Act, 1989 (Repeals) Order 1990 (S.I. No. 103 of 1990)

District Court (Safety, Health and Welfare At Work Act, 1989) Regulations 1989 (S.I. No. 275 of 1989)

Safety, Health and Welfare At Work Act, 1989 (Repeals) Order 1989 (S.I. No. 237 of 1989)

Safety, Health and Welfare At Work Act, 1989 (Commencement) Order 1989 (S.I. No. 236 of 1989)

Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 303 of 1988)

Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations 1990 (S.I. No. 128 of 1988)

Mines (Safety Training) Regulations 1987 (S.I. No. 85 of 1987)

Safety in Industry (Fees of Certifying Doctors) Regulations 1983 (S.I. No. 256 of 1983)

Safety in Industry Act (Commencement) Order 1982 (S.I. No. 259 of 1982)

Safety in Industry (Abrasive Wheels) Regulations 1982 (S.I. No. 30 of 1982)

Safety in Industry (Vehicle Lifting Tables and Other Lifting Machines) (Register of Examinations) Regulations 1981 (S.I. No. 426 of 1981)

Safety in Industry Act (Commencement) (No. 2) Order 1981 (S.I. No. 424 of 1981)

Safety in Industry (Operations At Unfenced Machinery) Regulations 1981 (S.I. No. 423 of 1981)

Safety in Industry (Diving Operations) Regulations 1981 (S.I. No. 422 of 1981)

Safety in Industry Act (Section 34) (Commencement) Order 1981 (S.I. No. 248 of 1981)

Safety in Industry Act, 1980 (Commencement) Order 1981 (S.I. No. 59 of 1981)

Factories Act, 1955 (Definition of “Work of Engineering Construction”) Regulations 1981 (S.I. No. 58 of 1981)

Dangerous Substances (Petroleum Bulk Stores) Regulations 1979 (S.I. No. 313 of 1979)

Dangerous Substances (Oil Jetties) Regulations 1979 (S.I. No. 312 of 1979)

Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 (S.I. No. 311 of 1979)

Dangerous Substances (Licensing Fees) Regulations 1979 (S.I. No. 301 of 1979)

Dangerous Substances Act, 1972 (Commencement) Order 1979 (S.I. No. 297 of 1979)

Mines (General) (Amendment) Regulations 1979 (S.I. No. 279 of 1979)

Factories (Report of Examination of Steam Boiler) (Amendment) Regulations 1978 (S.I. No. 359 of 1978)

Factories (Report of Examination of Steam Receivers) (Amendment) Regulations 1978 (S.I. No. 358 of 1978)

Factories (Report of Examination of Air Receivers) (Amendment) Regulations 1978 (S.I. No. 357 of 1978)

Tara Mine (Winding) Regulations 1977 (S.I. No. 14 of 1977)

Factories Lead Processes (Medical Examinations) Regulations 1976 (S.I. No. 45 of 1976)

Mines (General) Regulations 1975 (S.I. No. 331 of 1975)

Tynagh Mine (Winding) Regulations 1975 (S.I. No. 330 of 1975)

Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 (S.I. No. 322 of 1975)

Factories (Wool and Hair Processing) Regulations 1975 (S.I. No. 272 of 1975)

Factories (Non-Ferrous Metals) (Melting and Founding) Regulations 1975 (S.I. No. 237 of 1975)

Factories (Abrasive Blasting of Surfaces) Regulations 1974 (S.I. No. 357 of 1974)

Mines and Quarries (General Register) Regulations 1974 (S.I. No. 97 of 1974)

Factories (Celluloid) Regulations 1973 (S.I. No. 277 of 1973)

Factories (Refractory Materials) Regulations 1973 (S.I. No. 246 of 1973)

Mines (Mechanically Propelled Vehicles) Regulations 1973 (S.I. No. 153 of 1973)

Factories (Miscellaneous Orders and Regulations) (Revocation) Order 1973 (S.I. No. 94 of 1973)

Factories Act, 1955 (Application of Section 76 To Certain Diseases) Regulations 1972 (S.I. No. 262 of 1972)

Mines (Fire and Rescue) Regulations 1972 (S.I. No. 226 of 1972)

Factories (Woodworking Machinery) Regulations 1972 (S.I. No. 203 of 1972)

Mines (Explosives) Regulations 1972 (S.I. No. 123 of 1972)

Mines (Locomotives) Regulations 1971 (S.I. No. 238 of 1971)

Mines and Quarries Inquiries (Draft Regulations) Rules 1971 (S.I. No. 219 of 1971)

Mines (Surveyors and Plans) Regulations 1970 (S.I. No. 78 of 1970)

Mines and Quarries (Notification of Dangerous Occurrences) Order 1970 (S.I. No. 76 of 1970)

Mines and Quarries (References) Rules 1970 (S.I. No. 75 of 1970)

Mines (Managers and Officials) Regulations 1970 (S.I. No. 74 of 1970)

Mines and Quarries Act, 1965 (Commencement) Order 1970 (S.I. No. 73 of 1970)

Mines and Quarries Act, 1965 (Section 151) (Commencement) Order 1966 (S.I. No. 183 of 1966)

Docks (Safety, Health and Welfare) (Forms) Regulations 1965 (S.I. No. 63 of 1965)

Factories (Adaptation of Regulations) Regulations 1960 (S.I. No. 247 of 1961)

Docks (Safety, Health and Welfare) Regulations 1960 (S.I. No. 279 of 1960)

Factories Act, 1955 (Hygrometers) Regulations 1958 (S.I. No. 160 of 1958)

Factories Act, 1955 (Commencement of Sections 34 and 35) Order 1957 (S.I. No. 260 of 1957)

Factories (Report of Examination of Air Receivers) Regulations 1956 (S.I. No. 185 of 1956)

Factories (Report of Examination of Steam Receivers) Regulations 1956 (S.I. No. 184 of 1956)

Factories (Report of Examination of Steam Boiler) Regulations 1956 (S.I. No. 183 of 1956)

Factories (Notification of Industrial Diseases) Regulations 1956 (S.I. No. 181 of 1956)

Chains, Ropes and Lifting Tackle (Register) Regulations 1956 (S.I. No. 178 of 1956)

Factories (Cleanliness of Walls and Ceilings) Order 1956 (S.I. No. 175 of 1956)

Factories (Preparation of Steam Boilers For Examination) Regulations 1956 (S.I. No. 174 of 1956)

Home Work Order, 1911 (Variation) Order 1956 (S.I. No. 168 of 1956)

Factories (Certificates of Fitness of Young Persons) Regulations 1956 (S.I. No. 165 of 1956)

Factories Act, 1955 (Building Operations, Engineering Works, Docks, Etc.) (Modification) Regulations 1956 (S.I. No. 163 of 1956)

Factories Act, 1955 (Commencement of Sections 34 and 35) Order 1956 ( S.I. No. 162 of 1956)

Factories Act, 1955 (Commencement of Sections 22 (2) and 33 (4) and (7)) Order, 1956 (S.I. No. 161 of 1956)

Factories Act, 1955 (Commencement) Order 1956 (S.I. No. 160 of 1956)

Factory and Workshop Act, 1901. Certifying Surgeons (Fees) Order 1950 (S.I. No. 65 of 1950)

Chromium Plating Regulations 1942 (S.R. & O. No. 8 of 1942)

Hide and Skin Regulations 1942 (S.R. & O. No. 7 of 1942)

First Aid Regulations 1940 (S.R. & O. No. 139 of 1940)

Cellulose Solutions Regulations 1939 (S.I. No. 385 of 1939)

Night Employment of Young Persons in Sugar Beet Factories Order 1929 (S.I. No. 31 of 1929)

Locomotives and Waggons (Used on Lines and Sidings) Regulations 1906 (S.R. & O. No. 679 of 1906)

All statutory instruments up to and including Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), made 12 July 2016, were considered in the preparation of this revision.


Number 10 of 2005


SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

REVISED

Updated to 12 July 2016


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Service of notices, etc.

4.

Repeals and savings.

5.

Expenses.

6.

Application of relevant statutory provisions to certain public service activities.

7.

Application of relevant statutory provisions to self-employed persons.

PART 2

GENERAL DUTIES

Chapter 1

General Duties of Employer

8.

General duties of employer.

9.

Information for employees.

10.

Instruction, training and supervision of employees.

11.

Emergencies and serious and imminent dangers.

12.

General duties of employers to persons other than their employees.

Chapter 2

General Duties of Employee and Persons in Control of Places of Work

13.

Duties of employee.

14.

Interference, misuse, etc.

15.

General duties of persons in control of places of work, etc.

Chapter 3

General Duties of Other Persons

16.

General duties of designers, manufacturers, importers and suppliers of articles and substances.

17.

Duties related to construction work.

PART 3

Protective and Preventive Measures

18.

Protective and Preventive Measures.

19.

Hazard identification and risk assessment.

20.

Safety statement.

21.

Duty of employers to co-operate.

22.

Health surveillance.

23.

Medical fitness to work.

24.

Joint safety and health agreements.

PART 4

Safety Representatives and Safety Consultation

25.

Safety representatives.

26.

Consultation and participation of employees, safety committees.

27.

Protection against dismissal and penalisation.

28.

[ Decision of adjudication officer under section 41 of Workplace Relations Act 2015.]

29.

[ Decision of Labour Court on appeal from decision referred to in section 28.]

30.

Enforcement of determinations of Labour Court.

31.

Evidence of failure to attend before or give evidence or produce documents to Labour Court.

PART 5

The Authority

Chapter 1

The Authority

32.

Continuance in being of Authority.

33.

Minister may prescribe persons to perform certain functions.

33A.

Transfer of accreditation from Forfás

34.

Functions of Authority.

35.

Conferral of additional functions on Authority.

36.

Establishment of subsidiaries.

37.

Membership of Authority.

38.

Advisory committees.

39.

Chief Executive.

40.

Consultants and advisers.

41.

Disclosure of certain interests by members of Authority.

42.

Disclosure of certain interests by members of staff of Authority.

43.

Strategy statement.

44.

Work programme of Authority.

45.

Grants to Authority.

46.

Power to borrow.

47.

Fees for services, etc.

48.

Accounts and audits.

49.

Attendance before Committee of Public Accounts.

50.

Attendance before other committees of Houses of the Oireachtas.

51.

Reports and information to the Minister.

Chapter 2

Staff of Authority

52.

Staff of Authority.

53.

Remuneration of staff of Authority.

54.

Transfer of officers etc., to Authority.

54A.

Transfer of certain members of staff of Forfás to Authority

55.

Code of conduct.

56.

Superannuation of staff of Authority.

Chapter 3

Irish National Accreditation Board

56A.

Irish National Accreditation Board

56B.

Transfer of property to Authority

56C.

Transfer of rights and liabilities

56D.

Liability for loss

56E.

Provisions consequent upon transfer of assets and liabilities to Authority

56F.

Records

56G.

Appeals Board

56H.

Appeal to Appeals Board

56I.

Disclosure of certain interests by members of Accreditation Board

PART 6

Regulations, Codes of Practice and Enforcement

Chapter 1

Regulations and Codes of Practice.

57.

Review of legislation.

58.

Regulations.

59.

Miscellaneous adaptations.

60.

Codes of practice.

61.

Use of codes of practice in criminal proceedings.

Chapter 2

Enforcement

62.

Authorisation of inspectors.

63.

Medical examinations.

64.

Powers of inspectors.

65.

Directions for improvement plan.

66.

Improvement notice.

67.

Prohibition notice.

68.

Contravention of prohibition notice — application to High Court.

69.

Notices to be displayed.

70.

Investigations and special reports.

71.

Order of High Court as to use of place of work.

Chapter 3

Obtaining and Disclosure of Information

72.

Power to require information.

73.

Prohibition on unauthorised disclosure of confidential information.

74.

Amendment of Freedom of Information Act 1997.

75.

Disclosure of information.

76.

Disclosure of information by inspector in certain circumstances.

PART 7

Offences and Penalties

77.

Offences.

78.

Penalties.

79.

Provisions regarding certain offences.

80.

Liability of directors and officers of undertakings.

81.

Onus of proof.

82.

Prosecution of offences.

83.

Appeals from orders.

84.

Evidence.

85.

Publication of names of certain persons.

PART 8

Miscellaneous

86.

Indemnification of inspectors, etc.

87.

Powers of officer of customs and excise to detain articles, etc.

88.

Licences.

89.

Amendment of National Standards Authority of Ireland Act 1996.

SCHEDULE 1

Associated Statutory Provisions

SCHEDULE 2

Existing Enactments

SCHEDULE 3

General Principles of Prevention

SCHEDULE 4

Safety Committees

SCHEDULE 5

The Authority

SCHEDULE 6

The Chief Executive

SCHEDULE 6A

Irish National Accreditation Board

SCHEDULE 7

Regulations

Acts Referred To

Air Navigation and Transport Act 1936

1936, No. 40

Air Pollution Act 1987

1987, No. 6

Boiler Explosions Act 1882

45 & 46 Vict., c. 22

Boiler Explosions Act 1890

53 & 54 Vict., c. 35

Civil Service Regulation Act 1956

1956, No. 46

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Consumer Information Act 1978

1978, No. 1

Coroners Act 1962

1962, No. 9

Courts Act 1981

1981, No. 11

Dangerous Substances Acts 1972 and 1979

Data Protection Acts 1988 and 2003

Defence Act 1954

1954, No. 18

Defence (Amendment) (No. 2) Act 1960

1960, No. 44

Electricity (Supply) Acts 1927 to 2004

Electronic Commerce Act 2000

2000, No. 27

Employment Agency Act 1971

1971, No. 27

Ethics in Public Office Act 1995

1995, No. 22

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Explosives Act 1875

38 & 39 Vict., c. 17

Fire Services Act 1981

1981, No. 30

Freedom of Information Act 1997

1997, No. 13

Freedom of Information (Amendment) Act 2003

2003, No. 9

Gas Act 1976

1976, No. 30

Gas (Amendment) Act 1987

1987, No. 9

Gas (Interim) (Regulation) Act 2002

2002, No. 10

Licensing of Indoor Events Act 2003

2003, No. 15

Merchant Shipping (Investigation of Marine Casualties) Act 2000

2000, No. 14

Merchant Shipping Acts 1894 to 2000

Mines and Quarries Act 1965

1965, No. 7

Minimum Notice and Terms of Employment Acts 1973 to 2001

National Standards Authority of Ireland Act 1996

1996, No. 28

Notice of Accidents Act 1894

57 & 58 Vict., c. 28

Organisation of Working Time Act 1997

1997, No. 20

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Poisons Act 1961

1961, No. 12

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

Qualifications (Education and Training) Act 1999

1999, No. 26

Railway Employment (Prevention of Accidents) Act 1900

63 & 64 Vict., c. 27

Redundancy Payments Act 1967

1967, No. 21

Redundancy Payments Acts 1967 to 2003

Regulation of Railways Act 1842

5 & 6 Vict., c. 55

Regulation of Railways Act 1871

34 & 35 Vict., c. 78

Road Traffic Acts 1961 to 2004

Safety in Industry Acts 1955 and 1980

Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995

Safety, Health and Welfare at Work Act 1989

1989, No. 7

Social Welfare (Consolidation) Act 1993

1993, No. 27

Terms of Employment (Information) Acts 1994 and 2001

Trade Union Act 1941

1941, No. 22

Unfair Dismissals Acts 1977 to 2001


Number 10 of 2005


SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

REVISED

Updated to 12 July 2016


AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK AND FOR THE ENFORCEMENT OF THE RELEVANT STATUTORY PROVISIONS, TO GIVE FURTHER EFFECT TO COUNCIL DIRECTIVE 89/391/EEC OF 12 JUNE 1989 1 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH OF WORKERS AT WORK AND COUNCIL DIRECTIVE 91/383/EEC OF 25 JUNE 1991 2 ON MEASURES TO IMPROVE THE SAFETY AND HEALTH AT WORK OF WORKERS WITH A FIXED-DURATION OR TEMPORARY EMPLOYMENT RELATIONSHIP, TO PROVIDE FOR THE FURTHER REGULATION OF WORK ACTIVITIES, TO CONTINUE IN BEING AND CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH AND RENAME THAT BODY AS THE HEALTH AND SAFETY AUTHORITY, TO REPEAL THE SAFETY, HEALTH AND WELFARE AT WORK ACT 1989, TO PROVIDE FOR THE REPEAL OF CERTAIN OTHER ENACTMENTS AND THE AMENDMENT OF THE NATIONAL STANDARDS AUTHORITY OF IRELAND ACT 1996 AND TO PROVIDE FOR RELATED MATTERS.

[22 nd June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Safety, Health and Welfare at Work Acts 2005 and 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(2), 42(22) and sch. 2, commenced as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...