Safety, Health and Welfare at Work Act 2005

Disclosure of information by inspector in certain circumstances.

76

76.—(1) An inspector shall, where he or she considers it necessary to do so for the purpose of providing adequate information to employees and their safety representatives (if any) at any place of work in relation to their safety, health and welfare at work, give to those employees and their safety representatives (if any) the following information—

( a) subject to subsection (3), factual information obtained by the inspector under the relevant statutory provisions relating to the place of work concerned or any article or substance or any activity being carried on in the place of work, and

( b) information with respect to any action which the inspector has taken or proposes to take in or in connection with that place of work in performing his or her functions.

(2) Where an inspector gives any information to employees or their safety representatives under subsection (1) he or she shall give the same information to the employer concerned.

(3) ( a) An inspector shall not disclose any information relating to any manufacturing, trade or commercial secrets or work processes that was obtained by the inspector in the performance of his or her functions under this Act.

( b) Paragraph (a) does not prevent the disclosure of information where that disclosure is—

(i) for the purpose of his or her functions under this Act,

(ii) made with the relevant consent, or

(iii) for the purposes of any legal proceedings or of any investigation or special report under section 70 .