SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 (1989_act_7) | IE

ISB Act 1989-04-19

Schedule 1 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 Open official source

FIRST SCHEDULE National Authority for Occupational Safety and Health

National Authority for Occupational Safety and Health

Section 15.

1.—The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land or other property.

2.—The Authority shall consist of a chairman (in this Schedule referred to as “the chairman”) and ten ordinary members.

3.—The chairman and ordinary members of the Authority shall be appointed by the Minister.

4.—In appointing persons to be ordinary members of the Authority, the Minister shall appoint three persons nominated by such organisations representative of employees as he considers appropriate, three persons nominated by such organisations representative of employers as he considers appropriate, and four persons representative of such Government Departments, State Agencies and other bodies, whose activities are concerned with matters relating to any of the purposes of this Act, as he considers appropriate.

5.—The chairman may at any time resign his office by letter addressed to the Minister and his resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

6.—The Minister may at any time remove the chairman from office.

7.—(1) Where a member of the Authority is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Authority.

(2) Where a person who is a member of the staff of the Authority is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from the Authority any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Authority or the staff of the Authority.

(4) Without prejudice to the generality of subparagraph (2), that subparagraph shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subparagraph as service with the Authority for the purposes of any superannuation benefits.

8.—The chairman shall be appointed by the Minister either in a whole-time or a part-time capacity and shall hold office for not more than three years on such terms and conditions as the Minister determines with the consent of the Minister for Finance.

9.—The chairman shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

10.—Each ordinary member of the Authority shall be a part-time member and, subject to this Schedule, shall hold office for three years on such terms and conditions as the Minister determines with the consent of the Minister for Finance.

11.—The chairman and an ordinary member of the Authority whose term of office expires by effluxion of time shall be eligible for reappointment.

12.—The Minister may at any time remove an ordinary member of the Authority from office.

13.—An ordinary member of the Authority may resign his office as such member by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

14.—A member of the Authority shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

15.—Each ordinary member of the Authority shall be paid, out of moneys provided by the Oireachtas, such expenses as the Minister, with the consent of the Minister for Finance, may sanction.

16.—The Minister shall appoint one of the ordinary members of the Authority to be a vice-chairman of the Authority with the function of acting as chairman in the absence of the chairman.

17.—Where a casual vacancy occurs among the ordinary members of the Authority the Minister shall forthwith invite the organisation which previously nominated that member to nominate a person for appointment to fill the vacancy and the Minister shall appoint the person nominated to fill the vacancy.

18.—(1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions and may make arrangements for the regulation of its proceedings and business.

(2) Such arrangements may, with the approval of the Minister, provide for the discharge, under the general direction of the Authority, of any of its functions by a committee of the Authority.

19.—The Minister may fix or sanction the date, time and place of the first meeting of the Authority.

20.—The quorum for a meeting of the Authority shall be five members.

21.—At a meeting of the Authority—

(a) the chairman shall, if present, be the chairman of the meeting;

(b) in the absence of the chairman or, if the office of chairman of the Authority is vacant, the vice-chairman of the Authority shall act as chairman;

(c) if, and so long as, the chairman is not present or, if the office of chairman of the Authority is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the Authority present shall choose one of their number to be chairman of the meeting.

22.—The chairman and each ordinary member of the Authority attending a meeting of the Authority shall have a vote.

23.—Every question at a meeting of the Authority shall be determined by a majority of the votes cast on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

24.—The Authority may act notwithstanding one or more than one vacancy among its members.

25.—Subject to this Schedule, the Authority shall regulate its procedure and business.

26.—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of the Authority shall be authenticated by the signature of the chairman or some other member of the Authority authorised by it to act in that behalf and by the signature of an officer of the Authority authorised by it to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Authority and any document sealed with the seal shall be received in evidence.

27.—No person shall be a civil servant by virtue only of membership of the Authority.

ISB Act 1989-04-19

Schedule 2 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 Open official source

SECOND SCHEDULE

PART I Existing Enactments

PART I

Existing Enactments

Sections 2 and 4.

Chapter, Number and Year

Short Title

(1)

(2)

1882 c. 22

Boiler Explosions Act, 1882

1890 c. 35

Boiler Explosions Act, 1890

No. 10 of 1955 and No. 9 of 1980

Safety in Industry Acts, 1955 and 1980

No. 3 of 1958

Office Premises Act, 1958

No. 7 of 1965

Mines and Quarries Act, 1965

No. 10 of 1972 and No. 21 of 1979

Dangerous Substances Acts, 1972 and 1979

No. 18 of 1987

Safety, Health and Welfare (Offshore Installations) Act, 1987

PART II Regulations made under the European Communities Act, 1972, which are Existing Enactments

PART II

Regulations made under the European Communities Act, 1972, which are Existing Enactments

S.I. Number and Year

Title

(1)

(2)

No. 207 of 1979

European Communities (Wire-Ropes, Chains and Hooks) Regulations, 1979

No. 382 of 1979

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979

No. 383 of 1979

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979

No. 34 of 1980

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1980

No. 365 of 1980

European Communities (Paints, etc.) (Classification, Packaging and Labelling) Regulations, 1980

No. 402 of 1980

European Communities (Safety Signs at Places of Work) Regulations, 1980

No. 61 of 1981

European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981

No. 149 of 1981

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981

No. 258 of 1982

European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982

No. 27 of 1983

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1983

No. 189 of 1983

European Communities (Dangerous Preparations) (Solvents) (Classification, Packaging and Labelling) Regulations, 1983

No. 170 of 1984

European Communities (Paints, etc.) (Classification, Packaging and Labelling) (Amendment) Regulations, 1984

No. 335 of 1984

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1984

No. 89 of 1985

European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1985

No. 244 of 1985

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985

No. 47 of 1986

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986

No. 224 of 1986

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1986

No. 244 of 1986

European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986

No. 292 of 1986

European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986

No. 204 of 1987

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1987

No. 205 of 1987

European Communities (Paints, etc.) (Classification, Packaging and Labelling) (Amendment) Regulations, 1987

No. 47 of 1988

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) (Amendment) Regulations, 1988

No. 219 of 1988

European Communities (Protection of Workers) (Exposure to Lead) Regulations, 1988

No. 294 of 1988

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1988

No. 34 of 1989

European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989

ISB Act 1989-04-19

Schedule 3 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 Open official source

THIRD SCHEDULE Associated Statutory Provisions

Associated Statutory Provisions

Sections 2 and 27.

Chapter, Number and Year

Short Title

Provisions which are Associated Statutory Provisions

(1)

(2)

(3)

1842 c. 55

Regulation of Railways Act, 1842

The whole Act

1871 c. 58

Regulation of Railways Act, 1871

The whole Act

1875 c. 17

Explosives Act, 1875

The whole Act

Merchant Shipping Acts, 1894 to 1987

The whole Acts

1894 c. 28

Notice of Accidents Act, 1894

The whole Act

1900 c. 27

Railway Employment (Prevention of Accidents) Act, 1900

The whole Act

Electricity (Supply) Acts, 1927 to 1988

The whole Acts

No. 40 of 1936

Air Navigation and Transport Act, 1936

Section 60

No. 12 of 1961

Poisons Act, 1961

Sections 14 and 15

Road Traffic Acts, 1961 to 1987

The whole Acts

No. 12 of 1971

Nuclear Energy Act, 1971

The whole Act

No. 30 of 1976 and

Gas Act, 1976

Sections 7, 8 (2) and 38

No. 9 of 1987

Gas (Amendment) Act, 1987

Sections 2 and 3

No. 1 of 1981

Social Welfare (Consolidation) Act, 1981

Chapter 5 of Part II

No. 30 of 1981

Fire Services Act, 1981

Section 3 and Parts II and III

No. 6 of 1987

Air Pollution Act, 1987

The whole Act

ISB Act 1989-04-19

Schedule 4 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 Open official source

FOURTH SCHEDULE Regulations

Regulations

Section 28.

The matters in respect of which regulations may be made under section 28 shall include—

(1) (a) any matter referred to in this Act as prescribed or to be prescribed;

(b) any matter referred to in this Schedule as specified or to be specified;

(2) requirements to be imposed on employers as regards the safety, health or welfare of their employees at work as regards—

(a) the design, provision and maintenance of places of work,

(b) the design, provision and maintenance of safe means of access to and egress from places of work,

(c) the design, provision and maintenance of plant and machinery,

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

(e) the provision of information, instruction, training and supervision,

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

(g) the preparation and revision of plans to be followed in emergencies, and

(h) the obtaining of the services of competent persons so as to ensure the safety or health of persons at work;

(3) requirements to be imposed on employers and self-employed persons as regards the conduct of their undertakings to provide that persons not in the employment of the said employers or self-employed persons are not exposed thereby to risks to their safety or health;

(4) requirements to be imposed on persons to whom section 8 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;

(5) requirements to be imposed on employees as regards their 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;

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

(a) the design, construction, testing or examination of any article for use at work,

(b) the provision of information on matters relating to the use at work for which any article was designed or tested or to its being dismantled or disposed of in a manner which will be safe and without risk to health of persons at work;

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

(8) requirements to be imposed on persons who erect or install specified articles for use at work as regards the erection or installation of any such article so as to be safe and without risks to health when such article is used in a place of work;

(9) requirements to be imposed on persons who manufacture, import or supply any specified substance as regards—

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

(b) the provision of information about any risk to safety or health to which the substance may give rise, about the results of tests on the substance or about its use or disposal in a manner which will be safe and without risk to health of persons at work;

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

(11) requirements to be imposed on persons who design specified places of work as regards the design of such places so as to be safe and without risk to health of persons at work;

(12) requirements to be imposed on persons who construct specified places of work as regards the construction of such places so as to be safe and without risk to health of persons at work;

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

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

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

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

(17) 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;

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

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

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

(21) 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;

(22) requirements to be imposed as to the registration in a prescribed register of any specified activity or thing;

(23) 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;

(24) requirements to be imposed as to the regulation or prohibition from prescribed classes of employment of prescribed classes of persons;

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

(26) requirements to be imposed as to monitoring the atmospheric or other conditions in which persons work;

(27) requirements to be imposed as to specified 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, prohibiting the taking of meals or refreshments in specified circumstances);

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

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

(29) empowering 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;

(30) requirements to be imposed with respect to the keeping and preservation of records, including manual or electronic data, books, registers, documents, plans and maps;

(31) 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;

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

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

(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;

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

(34) requirements to be imposed with respect to the carrying out of research in connection with the purposes of this Act;

(35) requirements to be imposed in prescribed circumstances with respect to the taking of precautions in connection with the risk of fire;

(36) requirements to be imposed with respect to the notification in a specified manner of specified matters relating to the safety, health or welfare of persons at work, or that of other persons arising out of work activities, (including specified information relating to specified accidents, diseases or dangerous occurrences) to the Authority or an enforcing agency or to an inspector of the Authority or an enforcing agency or to any other specified person;

(37) 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.

ISB Act 1989-04-19

Schedule 5 SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989 Open official source

FIFTH SCHEDULE Repeal and Revocation of Certain Provisions of the Existing Enactments Relating to Penalties

Repeal and Revocation of Certain Provisions of the Existing Enactments Relating to Penalties

Section 4 (2).

PART I Repeal of Statutes

PART I

Repeal of Statutes

Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

No. 10 of 1955

Factories Act, 1955

In section 40 (14) (as inserted by the Safety in Industry Act, 1980) the words “and shall be liable on summary conviction thereof to a fine not exceeding £150”.

In section 72 (4) (as inserted by the Safety in Industry Act, 1980) the words “and shall be liable on summary conviction thereof to a fine not exceeding £300”.

In section 74 (6) (as inserted by the Safety in Industry Act, 1980) the words “and shall be liable on summary conviction thereof to a fine not exceeding £150”.

In section 98 (5) (as inserted by the Safety in Industry Act, 1980) the words “and shall be liable on summary conviction thereof to a fine not exceeding £300 or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment”.

Section 101.

In section 102 (as inserted by the Safety in Industry Act, 1980) the words “and shall be liable on summary conviction thereof to a fine (not exceeding £600 in all) not exceeding £15 for each day on which the non-compliance continues”.

In section 103 (1) (as inserted by the Safety in Industry Act, 1980) the words “and shall be liable on summary conviction thereof to a fine not exceeding £500”.

Section 105.

No. 3 of 1958

Office Premises Act, 1958

Section 32.

In section 33, the words “and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the non-compliance continues”.

No. 7 of 1965

Mines and Quarries Act, 1965

Section 135.

Section 140.

PART II Revocation of Statutory Instruments

PART II

Revocation of Statutory Instruments

Number and Year

Title

Extent of Revocation

(1)

(2)

(3)

S.I. No. 382 of 1979

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979

In regulation 9 (1), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

In regulation 9 (2), the words “and shall be liable on summary conviction to a fine not exceeding £300”.

Regulation 9 (3).

S.I. No. 383 of 1979

European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979

In regulation 13 (1), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

Regulation 13 (2).

In regulation 13 (3), the words “and shall be liable on summary conviction to a fine not exceeding £300”.

S.I. No. 365 of 1980

European Communities (Paints, etc.) (Classification, Packaging and Labelling) Regulations, 1980

In regulation 7, the words “and shall be liable on summary conviction to a fine not exceeding £500”.

S.I. No. 402 of 1980

European Communities (Safety Signs at Places of Work) Regulations, 1980

In regulation 6, the words “and shall be liable on summary conviction to a fine not exceeding £500”.

In regulation 7 (2), the words “and shall be liable on summary conviction to a fine not exceeding £200”.

S.I. No. 61 of 1981 and S.I. No. 244 of 1986

European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 and 1986

In regulation 6 (3), of the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 (as amended by regulation 5 of the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986) the words “and shall be liable on summary conviction to a fine not exceeding £300”.

S.I. No. 149 of 1981

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981

In regulation 8 (1), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

In regulation 8 (2), the words “and shall be liable on summary conviction to a fine not exceeding £100”.

S.I. No. 258 of 1982

European Communities (Dangerous Substances) (Classification, Packaging, Labelling and Notification) Regulations, 1982

In regulation 15 (1), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

In regulation 16 (5), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

S.I. No. 189 of 1983

European Communities (Dangerous Preparations) (Solvents) (Classification, Packaging and Labelling) Regulations, 1983

In regulation 9, the words “and shall be liable on summary conviction to a fine not exceeding £500”.

S.I. No. 244 of 1985

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985

In regulation 7 (1), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

In regulation 7 (2), the words “and shall be liable on summary conviction to a fine not exceeding £100”.

S.I. No. 47 of 1986

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986

In regulation 7 (1), the words “and shall be liable on summary conviction to a fine not exceeding £600”.

In regulation 7 (2), the words “and shall be liable on summary conviction to a fine not exceeding £100”.

S.I. No. 204 of 1987

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1987

In regulation 14 (1), the words “and shall be liable on summary conviction to a fine not exceeding £1,000”.

In regulation 14 (2), the words “and shall be liable on summary conviction to a fine not exceeding £350”.

SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

Statutory Text (5 Articles)

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