Safety, Health and Welfare at Work Act 2005

Directions for improvement plan.

65

65.—(1) Where an inspector is of the opinion that there is occurring or likely to occur any activity which involves or is likely to involve a risk to the safety, health or welfare of persons, he or she may give a written direction to the employer concerned requiring submission to him or her of an F28 [ an improvement plan (in this section and in section 66 referred to as a plan ) ].

(2) A direction given under subsection (1) shall—

( a) identify the activity which is or is likely to be a risk,

( b) require the submission to the inspector, within a period of one month, of F29 [ a plan ] specifying the remedial action proposed to be taken,

( c) F30 [ ]

( d) include any other requirements that the inspector considers necessary.

(3) Where there is a safety representative in a place of work in respect of which a direction is given under subsection (1), the inspector shall give a copy of the direction to the safety representative.

(4) Within one month of receipt of F31 [ a plan ] submitted under subsection (2), an inspector, by written notice to the person who submitted the plan—

( a) shall confirm whether or not he or she is satisfied that the plan is adequate, or

( b) may direct that the plan be revised as specified in the notice and resubmitted to the inspector within a period specified in the notice.

F32 [ (5) Within one month of receipt of a plan submitted pursuant to a notice under subsection (4), an inspector shall confirm by written notice to the person who submitted the plan, whether or not he or she is satisfied that the plan is adequate. ]

F33 [ (6) A notice under subsection (4) or (5) shall, where the inspector is satisfied with the plan, require the employer concerned to implement the plan. ]

F34 [ (7) A person to whom a direction under subsection (1) or a notice under subsection (4) or (5) applies shall comply with the notice or direction. ]

F35 [ (8) A direction or notice under this section shall be signed and dated by the inspector. ]

Annotations:

Amendments:

F28

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(i), S.I. No. 591 of 2010.

F29

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(ii), S.I. No. 591 of 2010.

F30

Deleted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(iii), S.I. No. 591 of 2010.

F31

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(iv), S.I. No. 591 of 2010.

F32

Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(v), S.I. No. 591 of 2010.

F33

Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(v), S.I. No. 591 of 2010.

F34

Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(v), S.I. No. 591 of 2010.

F35

Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s.12(d)(v), S.I. No. 591 of 2010.

Modifications (not altering text):

C19

Application of section extended and references construed (29.03.2019) by European Union (Port Services) Regulations 2019 (S.I. No. 128 of 2019), reg. 6.

6. (1) Sections 64, 65 and 66 of the Act of 2005 shall apply and an inspector may exercise any of the powers specified in those sections for the purposes of -

(a) ensuring compliance by providers of port services with the health and safety aspects of Article 14 of the EU Regulation, and

(b) the investigation of complaints to the Health and Safety Authority received under Regulation 5(1).

(2) For the purposes of paragraph (1) and subject to any necessary modifications, section 3 of the Act of 2005 shall apply to the service of a notice or other document required or authorised to be served under sections 64, 65 and 66 of that Act.

(3) For the purposes of paragraph (1), a reference to the “relevant statutory provisions” in section 64 and section 66 of the Act of 2005 shall be construed as including the requirement, under Article 14 of the EU Regulation, for providers of port services to ensure that employees receive the necessary training on health and safety matters which is essential for their work.