Safety, Health and Welfare at Work Act 2005

Regulations.

58

58.—(1) Subject to subsections (2) and (3), the Minister may—

(a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) make regulations generally for the purposes of giving full effect to this Act, and

(c) without prejudice to the generality of paragraph (b), make regulations for or in respect of any of the matters set out in Schedule 7.

(2) F27[…]

(3) The Minister shall consult with the Authority before making regulations giving effect with modifications to any proposal made by the Authority under section 57.

(4) Regulations under this Act may—

(a) contain any incidental, supplementary and consequential provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations,

(b) apply either generally or to a specified class or classes of persons, places of work or work activities, article or substance or to any other matter that the Minister may consider to be appropriate,

(c) include different provisions in relation to different classes of persons, place of work or work activity, article or substance, and

(d) subject to subsection (5) and to any conditions that may be prescribed, exempt from all or any of the provisions of the relevant statutory provisions any specified class of work activity, employment, article or substance or any specified class of person or place of work, where, having regard to the class of work activity, employment, article, substance, person or place of work, the Minister is satisfied that the application of those provisions is unnecessary or impracticable and that adequate protective measures are in place.

(5) Regulations made under this Act may apply to all work activities or to particular work activities, and they may also relate to—

(a) one or more chemical, physical or biological agents,

(b) the classification, packaging, labelling, marketing or use of any article or substance,

(c) the control of major accident hazards,

(d) the storage or transport of dangerous substances, or

(e) factories, the extractive industries, office premises or to boilers.

(6) Without prejudice to the generality of subsections (1) and (4), regulations under this Act may apply to—

(a) employers or other persons who control places of work or specified places of work,

(b) employees or a particular class of employees,

(c) all work activities or particular work activities,

(d) designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof),

(e) a specified article or substance or an article or substance of a particular class.

(7) Regulations made under this Act may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code of practice issued by the Authority in accordance with section 60.

(8) The provisions of this section shall be deemed to have been in operation on the commencement of section 28 of the Act of 1989 and to have been incorporated in that section from that date and every regulation made in exercise of the powers under that section and not revoked before the commencement of this section shall be deemed to have been made in the exercise of the powers under the provisions of that section, including the provisions of this section deemed to have been incorporated in that section by this subsection.

(9) Every regulation or order (other than an order made under section 1(2)) under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation or order.

(10) The power to make regulations under this section includes power to make provision by regulations to give effect to either—

(a) any provision of the treaties of the European Communities, or

(b) any act adopted by an institution of the European Communities, which regulates any of the matters set out in Schedule 7.

Annotations

Amendments:

F27

Deleted (10.12.2010) by Chemicals (Amendments) Act 2010 (32/2010), s. 12(c), S.I. No. 591 of 2010.

Editorial Notes:

E24

Power pursuant to section exercised (24.05.2023) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2023 (S.I. No. 255 of 2023).

E25

Power pursuant to section exercised (20.11.2021) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2021 (S.I. No. 619 of 2021), in effect as per reg. 1(2).

E26

Power pursuant to section exercised (20.11.2021) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2021 (S.I. No. 610 of 2021), in effect as per reg. 1(2).

E27

Power pursuant to section exercised (13.10.2021) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2021 (S.I. No. 528 of 2021).

E28

Power pursuant to section exercised (12.05.2021) by Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2021 (S.I. No. 231 of 2021).

E29

Power pursuant to section exercised (22.11.2020) by Safety, Health and Welfare at Work (Biological Agents) (Amendment) Regulations 2020 (S.I. No. 539 of 2020).

E30

Power pursuant to section exercised (1.04.2020) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2020 (S.I. No. 2 of 2020), in effect as per reg. 1(2).

E31

Power pursuant to section exercised (1.04.2020) by Dangerous Substances (Flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations 2019 (S.I. No. 631 of 2019), in effect as per reg. 1(3).

E32

Power pursuant to section exercised (1.04.2020) by Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations 2019 (S.I. No. 630 of 2019), in effect as per reg. 1(3).

E33

Power pursuant to section exercised (31.03.2020) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2020 (S.I. No. 102 of 2020).

E34

Power pursuant to section exercised (26.11.2019) by Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2019 (S.I. No. 595 of 2019).

E35

Power pursuant to section exercised (1.05.2019) by Safety, Health and Welfare at Work (Diving) (Amendment) Regulations 2019 (S.I. No. 180 of 2019), in effect as per reg. 2.

E36

Power pursuant to section exercised (1.05.2019) by Safety, Health and Welfare at Work (Diving) Regulations 2018 (S.I. No. 254 of 2018), in effect as per reg. 1(2).

E37

Power pursuant to section exercised (28.04.2019) by Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2019 (S.I. No. 179 of 2019), in effect as per reg. 1(2).

E38

Power pursuant to section exercised (2.04.2019) by Safety, Health And Welfare At Work (Construction) (Amendment) Regulations 2019 (S.I. No. 129 of 2019).

E39

Power pursuant to section exercised (30.04.2018) by Safety, Health and Welfare at Work (Mines) Regulations 2018 (S.I. No. 133 of 2018), in effect as per reg. 1(2).

E40

Power pursuant to section exercised (1.11.2016) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016), in effect as per reg. 2.

E41

Power pursuant to section exercised (1.07.2016) by Safety, Health and Welfare at Work (Electromagnetic Fields) Regulations 2016 (S.I. No. 337 of 2016), in effect as per reg. 1(2).

E42

Power pursuant to section exercised (1.07.2016) by Safety, Health and Welfare at Work (General Application)(Amendment) Regulations 2016 (S.I. No. 36 of 2016), in effect as per reg. 4.

E43

Power pursuant to section exercised (18.02.2016) by Safety, Health and Welfare at Work (General Application)(Amendment)(No. 2) Regulations 2016 (S.I. No. 70 of 2016).

E44

Power pursuant to section exercised (1.01.2016) by Safety, Health and Welfare at Work (Docks) (Revocation) Regulations 2015 (S.I. No. 521 of 2015).

E45

Power pursuant to section exercised (22.12.2015) by Safety, Health and Welfare at Work (Chemical Agents) (Amendment) Regulations 2015 (S.I. No. 623 of 2015).

E46

Power pursuant to section exercised (22.12.2015) by Safety, Health and Welfare at Work (Carcinogens) (Amendment) Regulations 2015 (S.I. No. 622 of 2015).

E47

Power pursuant to section exercised (20.12.2013) by Safety, Health and Welfare at Work (Biological Agents) Regulations 2013 (S.I. No. 572 of 2013).

E48

Power pursuant to section exercised (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013).

E49

Power pursuant to section exercised (15.01.2013) by Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations 2013 (S.I. No. 9 of 2013).

E50

Power pursuant to section exercised (1.01.2013) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012).

E51

Power pursuant to section exercised (8.12.2010) by Safety, Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2010 (S.I. No. 589 of 2010).

E52

Power pursuant to section exercised (29.04.2010) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010).

E53

Power pursuant to section exercised (1.05.2008) by Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008).

E54

Power pursuant to section exercised (12.11.2007) by Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007).

E55

Power pursuant to section exercised (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007).

E56

Power pursuant to section exercised (21.07.2006) by Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 (S.I No. 386 of 2006).

E57

Previous affecting provision: power pursuant to section exercised (31.05.2013) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2013 (S.I. No. 182 of 2013); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(g).

E58

Previous affecting provision: power pursuant to section exercised (30.11.2012) by Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012 (S.I. No. 481 of 2012); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(f).

E59

Previous affecting provision: power pursuant to section exercised (1.06.2013) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 (S.I. No. 461 of 2012); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(e).

E60

Previous affecting provision: power pursuant to section exercised (2.11.2010) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 (S.I. No. 523 of 2010); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(d).

E61

Previous affecting provision: power pursuant to section exercised (30.10.2008) by Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 (S.I. No. 423 of 2008); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(c).

E62

Previous affecting provision: power pursuant to section exercised (2.05.2008) by Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 (S.I. No. 130 of 2008); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(b) .

E63

Previous affecting provision: power pursuant to section exercised (6.11.2006) by Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006); revoked (1.08.2013) by Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), reg. 5(a).

E64

Previous affecting provision: power pursuant to section exercised (13.07.2006) by Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 (S.I. No. 370 of 2006); revoked (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(y).

E65

Previous affecting provision: power pursuant to section exercised (13.07.2006) by Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 (S.I. No. 371 of 2006); revoked (other than reg. 11(3), expired 14.02.2008) (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(z).

E66

Previous affecting provision: power pursuant to section exercised (21.06.2006) by Safety, Health and Welfare at Work (Work at Height) Regulations 2006 (S.I. No. 318 of 2006); revoked (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), reg. 3(1)(x).