Safety, Health and Welfare at Work Act 2005

SCHEDULE 7

Regulations

The Minister may make regulations under section 58 for or in respect of any matters including the following:

(1) requirements to be imposed on employers as regards the safety, health and welfare of their employees at work with respect to—

(a) the management and conduct of work activities including the prevention of improper conduct or behaviour,

(b) the design, provision and maintenance of—

(i) places of work,

(ii) safe means of access to and egress from places of work,and

(iii) plant and machinery and other articles,

(c) the use of any article or substance,

(d) the provision, planning, organisation, performance and maintenance of systems of work,

(e) the provision of information, instruction, training and supervision, including, as appropriate, such provision in an appropriate language or languages,

(f) the determination and implementation of safety, health and welfare measures,

(g) the provision, testing, use and maintenance of protective clothing or equipment,

(h) the preparation and revision of plans and procedures and measures to be taken in emergencies and in the case of serious and imminent danger,

(i) the obtaining of the services of competent persons so as to ensure the safety, health and welfare of persons at work including the training, experience and knowledge required of competent persons,

(j) co-operation in matters relating to safety, health and welfare at work, and

(k) the safety, health and welfare at work of fixed-term or temporary employees;

(2) requirements to be imposed on employers as regards the conduct of their undertakings to provide that in the course of work being carried on persons at the place of work not in the employment of the said employers are not exposed to risks to their safety, health and welfare at the undertaking;

(3) requirements to be imposed on persons to whom section 15 applies in relation to non-domestic places of work as regards such places of work, any article or substance provided for use in such places and as regards access to or egress from such places;

(4) requirements to be imposed on an employee in relation to conduct or behaviour likely to endanger his or her own safety, health and welfare at work or that of any other person including as regards intoxication and submission to reasonable and proportionate tests;

(5) requirements to be imposed on persons as regards interference,misuse or damage of anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work;

(6) requirements to be imposed on an employee as regards his or her own safety, health or welfare at work including requirements as regards the use of any appliance, protective clothing, convenience, equipment or means or thing provided for securing their safety,health or welfare at work and attendance at safety and health training;

(7) requirements to be imposed on persons who design, manufacture,import or supply articles for use at work as regards—

(a) the design, construction, testing, examination or use of any article or prescribed class of article, or

(b) the provision of information relating to the use at work for which any article or prescribed class of article was designed or tested or relating to its being sited, tested, installed, repaired, altered, maintained,dismantled or disposed of in a manner which will be safe and without risk to the health or welfare of persons at work;

(8) requirements to be imposed on persons who design or manufacture articles for use at work as regards the carrying out of research with respect to those articles with a view to the discovery of potential risks or the elimination or minimisation of any risks to the safety, health or welfare of persons at work;

(9) requirements to be imposed on persons who erect or install articles for use at work as regards the erection or installation of those articles so as to be safe and without risks to health or welfare when those articles are used in a place of work;

(10) requirements to be imposed on persons who manufacture, import or supply any substance or prescribed class of substance as regards—

(a) the use, testing or examination of the substance, or

(b) the provision of information about any risk to safety, health or welfare to which the substance may give rise, or

(c) the results of tests on the substance or its use or disposal in a manner which will be safe and without risk to the health or welfare of persons at work;

(11) requirements to be imposed on persons who manufacture, or in a case where the manufacture is undertaken outside the State, import any substances as regards the carrying out of research with a view to the discovery, elimination or minimisation of risks to safety, health or welfare to which the substance may give rise when in use;

(12) requirements to be imposed on persons who commission or procure the construction of places of work as regards the appointment of competent persons to ensure those places are designed, can be constructed, are maintained and comply with the relevant statutory provisions so as to be safe and without risk to the health or welfare of persons at work;

(13) requirements to be imposed on persons who design places of work as regards the design of those places so as to be safe and without risk to the health or welfare of persons at work;

(14) requirements to be imposed on persons who construct places of work as regards the construction of those places so as to be safe and without risk to the health or welfare of persons at work;

(15) requirements to be imposed on employers as regards the identification of hazards and the assessment of risks;

(16) requirements to be imposed on employers as regards safety statements;

(17) requirements to be imposed as regards the regulation, prohibition or control of the use of specified articles for use at work including the guarding, siting, installing, commissioning, protecting, testing, examining, inspecting, altering, adjusting, maintaining or dismantling of any such article;

(18) requirements to be imposed as regards the marking of any article for use at work or designed for use as a component of such article;

(19) requirements to be imposed as regards the regulation, prohibition or control of the use of any specified substance;

(20) requirements to be imposed as regards the testing, examination, classification or labelling of any specified substance including notification of specified particulars in relation to such substance;

(21) requirements to be imposed as regards the prohibition or control of importation or supply of any article or substance for use at work;

(22) requirements to be imposed as regards the prohibition or the regulation of the transport of any article or substance for use at work including requirements as regards the construction, testing and marking of containers and means of transport and the packaging and labelling for transport of those articles or substances;

(23) requirements to be imposed as regards the use or design of specified safety signs at places of work;

(24) requirements to be imposed as regards the making of arrangements for health surveillance of persons at work including medical examinations, biological monitoring or special health surveys;

(25) requirements to be imposed as to the registration in a prescribed register of any specified activity or thing in order to monitor compliance with safety, health and welfare requirements under the relevant statutory provisions;

(26) requirements to be imposed as to the appointment of prescribed persons or classes of persons to do prescribed things in relation to safety, health or welfare at work or to carry out specific activities or undertake specific responsibilities with safety, health and welfare implications;

(27) requirements to be imposed as to the regulation of or prohibition from prescribed classes of employment of prescribed classes of persons in relation to their safety, health and welfare at work;

(28) requirements to be imposed with respect to any matter affecting the conditions in which persons work, including such matters as the structural condition and stability of premises, the means of access to and egress from the premises, cleanliness, temperature, humidity, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations or other physical agent, dust and fumes and exposure to water or other liquids;

(29) regulating or prohibiting atmospheric or other conditions to which an employee may be exposed in a place of work;

(30) prescribing methods, standards or procedures for determining the amount or level of any atmospheric condition or any biological, chemical or physical agent or combination thereof in a place of work;

(31) requirements to be imposed as to facilities or arrangements for welfare at work (including supply of water, sanitary conveniences, washing or bathing facilities, ambulance and first-aid arrangements, cloakroom facilities, seating, refreshment facilities, facilities for the making or taking of meals or, prohibiting the taking of meals or refreshments in specified circumstances);

(32) requirements to be imposed so as to control or limit—

(a) the emission into a place of work of any specified gas, vapour, smoke, dust, or any other specified substance arising from work activities,

(b) the emission into the working environment of noise, vibration, any ionising or other radiations,

(c) other environmental pollution in the place of work including environmental tobacco smoke, or

(d) the monitoring of any such emissions in a place of work;

(33) conferring powers on inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions;

(34) requirements to be imposed with respect to the keeping and preservation of records relating to compliance with the relevant statutory provisions in relation to safety, health and welfare at work;

(35) requirements to be imposed as regards the safety, health or welfare of persons with respect to the management of animals in or at places of work;

(36) requirements to be imposed as regards any place of work in relation to—

(a) precautions to be taken against dangers to which the place of work or persons in the place of work are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity of that place, or

(b) securing that persons in a place of work leave that place of work in specified circumstances where there is a risk to their safety or health;

(37) requirements to be imposed as to the doing or prohibition of any specified thing where any accident or other occurrence of a specified kind has occurred;

(38) requirements to be imposed in prescribed circumstances with respect to the taking of precautions in connection with the risk of fire, fire-safety rules and procedures and the provision and maintenance of fire-protection equipment in places of work;

(39) requirements to be imposed with respect to the reporting in the prescribed manner of such matters relating to the safety, health or welfare of persons at work as may be prescribed, or that of other persons arising out of work activities, (including the giving of such information as may be prescribed relating to accidents, personal injuries or dangerous occurrences) to the Authority or a person prescribed under section 33 or to an inspector of the Authority or of a person prescribed under section 33 or to any other person as may be prescribed;

(40) requirements to be imposed with respect to the safe lifting or handling by persons at work of any load likely to cause injury to a person so lifting or handling it;

(41) the prohibition of the carrying on of such work activities as may be prescribed except by or under the supervision of persons with prescribed qualifications, training or experience;

(42) requirements to be imposed as regards joint safety and health agreements;

(43) such further requirements, arrangements, modifications or exemptions as the Minister considers necessary, from time to time, in relation to the operation of sections 25 and 26;

(44) such fees as may be charged under section 47.