Safety, Health and Welfare at Work Act 2005

Number 10 of 2005

SAFETY, HEALTH AND WELFARE AT WORK ACT 2005

REVISED

Updated to 24 May 2023

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 the Social Welfare (Child Benefit) Act 2023 (13/2023), enacted 25 May 2023, and all statutory instruments up to and including the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2023 (S.I. No. 255 of 2023), made 24 May 2023, 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 24 May 2023

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. (Repealed)
31.	Evidence of failure to attend before or give evidence or produce documents to Labour Court. (Repealed)

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

Safety Committees

The Authority

The Chief Executive

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 24 May 2023

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 1989¹ 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 1991² 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.

[22nd June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

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.

...

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