Safety, Health and Welfare at Work Act 2005

Functions of Authority.

34

34.—(1) The general functions of the Authority are—

(a) to promote, encourage and foster the prevention of accidents, dangerous occurrences and personal injury at work in accordance with the relevant statutory provisions,

(b) to promote, encourage, foster and provide education and training in the safety, health and welfare of persons at work,

(c) to encourage and foster measures promoting the safety, health and welfare of persons at work,

(d) subject to subsection (2) and section 33, to make adequate arrangements for the enforcement of the relevant statutory provisions,

F11[(dd) to perform the functions conferred on the Authority by the Chemicals Act 2008, ]

F12[(de) in relation to accreditation—

(i) to carry out accreditation in accordance with—

(I) the powers and functions transferred to it by section 33A (inserted by section 29 of the Industrial Development (Forfás Dissolution) Act 2014), and

(II) the Accreditation Regulation,

(ii) to establish such procedures for the operation of accreditation as it considers appropriate including procedures for monitoring, inspecting and auditing conformity assessment bodies, and

(iii) to make any arrangements that it considers appropriate for providing information and advice on matters relating to accreditation,]

(e) to monitor, evaluate and make recommendations to the Minister regarding implementation of and compliance with—

(i) the relevant statutory provisions, and

(ii) best practice relating to safety, health and welfare at work, and the review and maintenance of relevant records by employers,

(f) to promote, encourage and foster co-operation with and between persons or bodies of persons that represent employees and employers and any other persons or bodies of persons, as appropriate, as regards the prevention of risks to safety, health and welfare at work in accordance with the relevant statutory provisions,

(g) to make any arrangements that it considers appropriate for providing information and advice on matters relating to safety, health and welfare at work,

(h) to make any arrangements that it considers appropriate to conduct, commission, promote, support and evaluate research, surveys and studies on matters relating to the functions of the Authority and for this purpose—

(i) to foster and promote contacts and the exchange of information with other persons or bodies of persons involved in safety, health and welfare at work in and outside the State, and

(ii) as it considers appropriate, to publish in the form and manner that the Authority thinks fit, results arising out of such research, studies and surveys,

(i) in accordance with section 43, to prepare and adopt a strategy statement and to monitor its implementation,

(j) in accordance with section 44, to prepare and adopt a work programme,

F13[(k) to comply with any directions in writing, whether general or particular, relating to its functions, other than those functions referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014), that the Minister may from time to time give to the Authority,]

(l) to give to the Minister any information relating to the performance of its functions that the Minister may from time to time require, and

(m) to perform any additional functions conferred on the Authority by order under section 35.

(2) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may make agreements with—

(a) any Minister of the Government, or other person, for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions, or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) any functions that may appropriately be performed by the Authority in connection with its functions under this Act.

F14[(2A) The functions of the Authority referred to in paragraph (de) (inserted by section 30 of the Industrial Development (Forfás Dissolution) Act 2014) of subsection (1) are delegated to the Accreditation Board and subject to this Act, shall be performed on behalf of the Authority by the Accreditation Board.]

(3) The Authority shall have all such powers as are necessary or expedient for the performance of its functions.

(4) The Authority may perform any of its functions through or by the Chief Executive or any other member of staff of the Authority duly authorised by the Authority to act in that behalf.

Annotations

Amendments:

F11

Inserted (15.07.2008) by Chemicals Act 2008 (13/2008), s. 37(a), S.I. No. 273 of 2008.

F12

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 30(a)(i), S.I. No. 304 of 2014.

F13

Substituted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 30(a)(ii), S.I. No. 304 of 2014.

F14

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 30(b), S.I. No. 304 of 2014.

Modifications (not altering text):

C8

Functions in relation to subs. (2) transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1 Enactments

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No. 10 of 2005

Safety, Health and Welfare at Work Act 2005

Sections 32, 33, 34(2), 35, 36, 38(3), 40, 45, 47, 48 and 70(3)

...

Editorial Notes:

E18

Additional functions are conferred on the Health and Safety Authority by:

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 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 Regulations 2001 (S.I. No. 600 of 2001), regs. 13 and 15 as inserted by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011), regs. 3 and 5

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

• Petroleum (Exploration and Extraction) Safety Act 2010 (4/2010), s. 3

• 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 (Construction) Regulations 2006 (S.I. No. 504 of 2006), sch. 7 inserted by 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)

• 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)

• Chemicals Act 2008 (13/2008), ss. 6, 7, 8, 24 and 31

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

• European Communities (Lifts) Regulations 1998 (S.I. No. 246 of 1998), reg. 2(1) as substituted by 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 2003 (S.I. No. 116 of 2003), reg. 5, as substituted by European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008 (S.I. No. 272 of 2008), reg. 2(c)

• National Oil Reserves Agency Act 2007 (7/2007), s. 49

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

• Planning and Development Regulations 2001 (S.I. No. 600 of 2001), Part 11, as amended by Planning and Development Regulations 2006 (S.I. No. 685 of 2006), reg. 32 (substitutions effected by regs. 5 and 7 superseded by S.I. No. 262 of 2001 above)

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

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

• Railway Safety Act 2005 (31/2005), ss. 10 and 112

Additional functions, now revoked, were previously conferred on the Health and Safety Authority by:

• 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)

• 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 (S.I. No. 405 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)

E19

Provision for references to the Minister under Dangerous Substances Act 1972 (10/1972) to be construed as references to the (now renamed) Health and Safety Authority was made (1.11.1989) by Safety, Health and Welfare at Work Act 1989 (7/1989), s. 29, S.I. No. 236 of 1989. As the repeal of Dangerous Substances Act 1972 is not commenced as of the date of revision, the functions of the Minister under s. 33 of that Act are now performed by the Health and Safety Authority. The Authority also has functions under legislation carried forward as listed under s. 4 of this Act.