Safety, Health and Welfare at Work Act 2005

Improvement notice.

66

66.—(1) An inspector who is of the opinion that a person—

( a) is contravening or has contravened any of the relevant statutory provisions, or

F36 [ ( b ) has failed to comply with a direction under section 65(1), or a notice under section 65(4)( b ), or ]

F37 [ ( c ) has submitted a plan in relation to which an inspector has confirmed by notice under section 65(5) that he or she is not satisfied that the plan is adequate, or ]

F38 [ ( d ) has failed to implement a plan, ]

may serve a written notice (in this Act referred to as an “improvement notice”) on the person who has or may reasonably be presumed to have control over the work activity concerned.

(2) An improvement notice shall—

( a) state that the inspector is of the opinion referred to in subsection (1),

( b) state the reasons for that opinion,

( c) identify the relevant statutory provision in respect of which that opinion is held,

( d) F39 [ ]

( e) direct the person to remedy the contravention or the matters occasioning that notice by a date specified in the notice, that shall not be earlier than the end of the period within which an appeal may be made under subsection (7),

( f) include information regarding the making of an appeal under subsection (7),

( g) include any other requirement that the inspector considers appropriate, and

( h) be signed and dated by the inspector.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.

(4) Where there is a safety representative in a place of work in respect of which an improvement notice is served under subsection (1), the inspector shall give a copy of the improvement notice to the safety representative and inform the safety representative in writing where an improvement notice is withdrawn under subsection (11) .

(5) A person on whom an improvement notice has been served who is of the opinion that the improvement notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the safety representative, if any.

(6) Where a person on whom an improvement notice has been served confirms in writing to the inspector in accordance with subsection (5) that the matters referred to in the improvement notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the improvement notice.

(7) A person aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served in the prescribed manner and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(8) A person who appeals under subsection (7) shall at the same time notify the Authority or the person prescribed under section 33 , as the case may be, of the appeal and the grounds for the appeal and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(9) Where an appeal under subsection (7) is taken, and the notice is not cancelled, the notice shall take effect on the later of—

( a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

( b) the day specified in the notice.

(10) Where there is no appeal under subsection (7), the notice shall take effect on the later of—

( a) the end of the period for making an appeal, or

( b) the day specified in the notice.

(11) An inspector may—

( a) withdraw an improvement notice at any time, or

( b) where no appeal is made or pending under subsection (7), extend the period specified under subsection (2)(e).

Annotations:

Amendments:

F36

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

F37

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

F38

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

F39

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

Modifications (not altering text):

C20

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.

Editorial Notes:

E57

Power pursuant to subs. (7) exercised (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005 (S.I. No. 548 of 2005).