S.I. No. 44/1993 - Safety, Health and Welfare At Work (General Application) Regulations, 1993

1. The collapse of, the overturning of, or the failure of any load-bearing part of—

(

a

) any lift, hoist, crane, derrick or mobile powered access platform;

(

b

) any excavator; or

(

c

) any pile-driving frame or rig having an overall height, when operating, of more than seven metres.

Pressure vessels

2. The explosion, collapse or bursting of any closed vessel, including a boiler or boiler tube, in which the internal pressure was above or below atmospheric pressure.

Electrical short circuit

3. Electrical short circuit or overload attended by fire or explosion which results in the stoppage of the plant involved for more than 24 hours.

Explosion or fire

4. An explosion or fire occurring in any plant or place of work which resulted in the stoppage of that plant or suspension of normal work in that place of work for more than twenty four hours, where such explosion or fire was due to the ignition of process materials, their by-products (including waste) or finished products.

Escape of flammable substances

5. The sudden uncontrolled release of one tonne or more of highly flammable liquid, liquified flammable gas, flammable gas or flammable liquid above its boiling point from any system, plant or pipe-line.

Collapse of scaffolding

6. The collapse or partial collapse of any scaffold more than five metres high which results in a substantial part of the scaffold falling or overturning, including, where the scaffold is slung or suspended a collapse or part collapse of the suspension arrangements (including an outrigger) which causes a working platform or cradle to fall more than five metres.

Collapse of building or structure

7. Any unintended collapse or partial collapse of —

(

a

) any building or structure under construction, reconstruction, alteration or demolition, or of any falsework, involving a fall of more than five tonnes of material; or

(

b

) any floor or wall of any building being used as a place of work, not being a building under construction, reconstruction, alteration or demolition.

Escape of a substance

8. The uncontrolled or accidental release or the escape of any substance from any apparatus, equipment, pipework, pipe-line, process plant, storage vessel, tank, in-works conveyance tanker, land-fill site, or exploratory land-drilling site, which, having regard to the nature of the substance and the extent and location of the release or escape, might have been liable to cause serious injury to any person.

Explosives

9. Any unintentional ignition or explosion of explosives.

Freight containers

10. (1) The failure of any container or of any load bearing part thereof while it is being raised, lowered or suspended.

(2) In this paragraph—

"container" means an article of transport equipment which is—

(

a

) of a permanent character and accordingly strong enough for repeated use, and

(

b

) designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading, and

(

c

) designed to be secured or readily handled or both, having corner fittings for these purposes, and

(

d

) of a size such that the area enclosed by the outer bottom corners is either

(i) if the container is fitted with top corner fittings, at least 7 square metres, or

(ii) in any case at least 14 square metres

and includes a container when carried on a chassis but does not include a vehicle or packaging or any article of transport equipment designed solely for use in air transport, or a swap body except when it is carried by or on board a sea-going ship and is not mounted on a road vehicle or rail wagon.

"corner fittings" means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes.

Pipe-lines

11. Either of the following incidents in relation to a pipe-line—

(

a

) the bursting, explosion or collapse of a pipe-line or any part thereof;

(

b

) the unintentional ignition of anything in a pipe-line, or of anything which immediately before it was ignited was in a pipeline.

Conveyance of dangerous substances by road

12. (1) (

a

) Any incident in which a container tank, tank vehicle, tank semi-trailer, tank-trailer, tank-container or goods vehicle being used for conveying a dangerous substance by road—

(i) overturns; or

(ii) suffers damage to the package or tank in which the dangerous substance is being conveyed, and

(

b

) in which there is, in relation to such a container, tank, tank vehicle, tank semi-trailer, tank trailer or tank container—

(i) an uncontrolled release or escape of the dangerous substance being conveyed; or

(ii) a fire which involves the dangerous substance being conveyed.

"tank", "tank-container" and "vehicle" have the meanings respectively assigned to them by Regulation 2 of the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 (

S.I. No. 235 of 1980

), as amended; "container", "tank vehicle", "tank semi-trailer" and "tank trailer" have the meanings respectively assigned to them by Regulation 2 of the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 (

S.I. No. 314 of 1979

); "dangerous substance" has the meaning assigned to it by

section 24

of the

Dangerous Substances Act, 1972

(No. 10 of 1972), as amended, and includes petroleum and petroleum-spirit within the meaning of that Act.

(2) Any incident involving a vehicle, other than a vehicle to which paragraph (1) applies, carrying a dangerous substance by road, where there is—

(

a

) an uncontrolled release or escape from any package or container of the dangerous substance or dangerous preparation being conveyed, or

(

b

) a fire which involves the dangerous substance or dangerous preparation being conveyed.

"dangerous substance" has the meaning assigned to it by Regulation 5 of the European Communities (Dangerous Substances) (Classification, Packaging and Labelling) Regulations, 1979 (

S.I. No. 383 of 1979

), and "dangerous preparation" has the meaning assigned to it by Regulation 5 of the European Communities (Dangerous Substances) (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 1992 (

S.I. No. 393 of 1992

).

Breathing Apparatus

13. Any incident where breathing apparatus while being used to enable the wearer to breathe independently of the surrounding environment malfunctions in such a way as to be likely either to deprive the wearer of oxygen or, in the case of use in a contaminated atmosphere, to expose the wearer to the contaminant to the extent in either case of posing a danger to his health, but excluding such apparatus while it is being used in a mine or is being maintained or tested.

Overhead electric lines

14. Any incident in which plant or equipment, including any other overhead line, either comes into contact with an overhead electric line in which the voltage exceeds 200 volts or causes an electrical discharge from such an electric line by coming into close proximity to it, unless in either case the incident was intentional, or any incident involving a live conductor accidentally falling due to breakage or otherwise.

Locomotives

15. Any accidental collision between a locomotive or a train and any other vehicle at a factory or at dock premises.

Bursting of vessel, etc.

16. The bursting of a revolving vessel, wheel, grindstone, or grinding wheel moved by mechanical power.

GIVEN under my Official Seal this 18th day of February, 1993.

RUAIRI QUINN, T. D.,

Minister for Enterprise and

Employment.

EXPLANATORY NOTE.

These Regulations extend the requirements of the

Safety, Health and Welfare at Work Act, 1989

and implement Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at the workplace. The Regulations also implement five related Directives which set down minimum requirements for health and safety in specific aspects of working activities; Council Directive 89/654/EEC of 30 November 1989 on minimum health and safety requirements for the workplace, Council Directive 89/655/EEC of 30 November 1989 on minimum health and safety requirements for the use of work equipment by workers at work, Council Directive 89/656/EEC of 30 November 1989 on minimum health and safety requirements for the use by workers of personal protective equipment, Council Directive 90/269/EEC of 29 May 1990 on minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers and Council Directive 90/270/EEC of 29 May 1990 on minimum health and safety requirements for work with display screen equipment. Also implemented by these Regulations is Council Directive 91/383/EEC of 25 June 1991 on measures to improve safety and health at work of workers with a fixed duration or temporary employment relationship.

These Regulations also revise and update existing legal requirements concerning the safe use of electricity in the workplace, the provision of first-aid facilities and the procedures governing the notification to the National Authority for Occupational Safety and Health of accidents and dangerous occurrences.

The Regulations impose general and specific obligations on employers with regard to the evaluation and reduction of the exposure of employees to occupational risk and hazards, the development of risk prevention policies, consultation, training and information of workers and health surveillance. Employees are also obliged by these Regulations to cooperate with employers in matters relating to the protection of their own safety and health at work.

17. All work equipment shall be appropriate for protecting employees against the risk of the work equipment catching fire or overheating, or of discharges of gas, dust, liquid, vapour or other substances produced, used or stored in the work equipment.

18. All work equipment shall be appropriate for preventing the risk of explosion of the work equipment or of substances produced, used or stored in the work equipment.

SIXTH SCHEDULE

Regulation 21

NON-EXHAUSTIVE GUIDE LIST OF ACTIVITIES AND SECTORS OF ACTIVITY WHICH MAY REQUIRE THE PROVISION OF PERSONAL PROTECTIVE EQUIPMENT.

1.

Head Protection (Skull Protection)

Protection helmets

—Building work, particularly work on, underneath or in the vicinity of scaffolding and elevated places of work, erection and stripping of form-work, assembly and installation work, work on scaffolding and demolition work.

—Work on steel bridges, steel building construction, masts, towers, steel hydraulic structures, blast furnaces, steel works and rolling mills, large containers, large pipelines, boiler plants and power stations.

—Work in pits, trenches, shafts and tunnels.

—Earth and rock works.

—Work in underground workings, quarries, open diggings, coal stock removal.

—Work with bolt-driving tools.

—Blasting work.

—Work in the vicinity of lifts, lifting gear, cranes and conveyors.

—Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging and casting.

—Work with industrial furnaces, containers, machinery, silos, bunkers and pipelines.

—Shipbuilding work.

—Railway shunting work.

—Work in slaughterhouses.

2.

Foot Protection

Safety shoes with puncture-proof soles

—Carcase work, foundation work and roadworks.

—Carcase demolition work.

—Scaffolding work.

—Work with concrete and prefabricated parts involving formwork erection and stripping.

—Work in contractors' yards and warehouses.

—Roof work.

Safety shoes without pierce-proof soles

—Work on steel bridges, steel building construction, masts, towers, lifts, steel hydraulic structures, blast furnaces, steelworks and rolling mills, large containers, large pipelines, cranes, boiler plants and power stations.

—Furnace construction, heating and ventilation installation and metal assembly work.

—Conversion and maintenance work.

—Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging, hot pressing and drawing plants.

—Work in quarries and open diggings, coal stock removal.

—Working and processing of rock.

—Working and processing in relation to flat glass products and container glassware manufacture.

—Work with moulds in the ceramics industry.

—Lining of kilns in the ceramics industry.

—Moulding work in the ceramic ware and building materials industry.

—Transport and storage work.

—Work with frozen meat blocks and preserved foods packaging.

—Shipbuilding work.

—Railway shunting work.

Safety shoes with heels or wedges and pierce-proof soles

—Roof work.

Protective shoes with insulated soles

—Work with and on very hot or very cold materials.

Safety shoes which can easily be removed

—Any work where there is a risk of penetration by molten substances.

3.

Eye or Face Protection

Protection goggles, face shields or screens

—Welding, grinding and separating work.

—Caulking and chiselling work.

—Rock working and processing work.

—Work with bolt-driving tools.

—Work on stock removing machines for small chippings.

—Drop forging.

—The removal and breaking up of fragments.

—Spraying of abrasive substances.

—Work with acids and caustic solutions, disinfectants and corrosive products.

—Work with liquid sprays.

—Work with and in the vicinity of molten substances.

—Work with radiant heat.

—Work with lasers.

4.

Respiratory Protection

Respirators/breathing apparatus

—Work in containers, restricted areas and gas-fired industrial furnaces where there may be gas or insufficient oxygen.

—Work in the vicinity of the blast furnace charge.

—Work in the vicinity of gas converters and blast furnace gas pipes.

—Work in the vicinity of blast furnace taps where they may be heavy metal fumes.

—Work on the lining of furnaces and ladles where there may be dust.

—Spray painting where dedusting is inadequate.

—Work in shafts, sewers and other underground areas connected with sewage.

—Work in refrigeration plants where there is a danger that the refrigerant may escape.

—Work in processes where harmful dust or fumes are likely to be present.

5.

Hearing Protection

Ear protectors

—Work with metal presses.

—Work with pneumatic drills.

—Work with turbines.

—The work of ground staff at airports.

—Pipe-driving work.

—Wood and textile working.

6.

Body, Arm and Hand Protection

Protective clothing

—Work with acids and caustic solutions, disinfectants and corrosive cleaning substances.

—Work with or in the vicinity of hot materials and where the effects of heat are felt.

—Work on flat glass products.

—Shot blasting.

—Work in deep-freeze rooms.

Fire-resistant protective clothing

—Welding in restricted areas.

Pierce-proof aprons

—Boning and cutting work.

—Work with hand knives involving drawing the knife towards the body.

Leather aprons

—Welding.

—Forging.

—Casting.

Gloves

—Welding.

—Handling of sharp-edged objects, other than machines where there is a danger of the glove being caught.

—Unprotected work with acids and caustic solutions.

Metal mesh gloves

—Boning and cutting.

—Regular cutting using a hand knife for production and slaughtering.

—Changing the knives of cutting machines.

7.

Weatherproof Clothing

—Work in the open air in rain and cold weather.

—Waterproof clothing.

—Work in wet processes.

8.

Reflective Clothing

—Work where the employees must be clearly visible.

9.

Safety Harness

—Work on scaffolding

—Assembly of prefabricated parts.

—Work on masts.

10.

Safety Ropes

—Work in high crane cabs.

—Work in high cabs of warehouse stacking and retrieval equipment.

—Work in high section of drilling towers.

—Work in shafts and sewers.

11.

Skin Protection

—Processing of coating materials.

—Tanning.

SEVENTH SCHEDULE

Regulation 21

NON-EXHAUSTIVE GUIDE LIST OF ITEMS OF PERSONAL PROTECTIVE EQUIPMENT.

Head Protection

—Protective helmets for use in industry (mines, building sites, other industrial uses).

—Scalp protection (caps, bonnets, hairnets — with or without eye shade).

—Protective headgear (bonnets, caps, sou'westers, etc. in fabric with proofing, etc).

Hearing Protection

—Earplugs and similar devices.

—Full acoustic helmets.

—Earmuffs which can be fitted to industrial helmets.

—Ear defenders with receiver for LF induction loop.

—Ear protection with intercom equipment.

Eye and Face Protection

—Spectacles.

—Goggles.

—X-ray goggles, laser-beam goggles, ultra-violet, infra-red, visible radiation goggles.

—Face shields.

—Arc-welding masks and helmets (hand masks, headband masks, headband masks or masks which can be fitted to protective helmets).

Respiratory Protection

—Dust filters, gas filters and radioactive dust filters.

—Insulating appliances with an air supply.

—Respiratory devices including a removable welding mask.

—Diving equipment.

—Diving suits.

Hand and Arm Protection

Gloves to provide protection

—from machinery (piercing, cuts, vibrations, etc.),

—from chemicals.

—for electricians and from heat.

—Mittens.

—Finger stalls.

—Oversleeves.

—Wrist protection for heavy work.

—Fingerless gloves.

Foot and Leg Protection

—Low shoes, ankle boots, calf-length boots, safety boots.

—Shoes which can be unlaced or unhooked rapidly.

—Heat-resistant shoes, boots and overboots.

—Thermal shoes, boots and overboots.

—Vibration-resistant shoes, boots and overboots.

—Anti-static shoes, boots and overboots.

—Insulating shoes, boots and overboots.

—Protective boots for chain saw operators.

—Clogs.

—Kneepads.

—Removable instep protectors.

—Gaiters.

—Removable soles (heat-proof, pierce-proof or sweat-proof).

—Removable spikes for ice, snow or slippery flooring.

Skin Protection

—Barrier creams/ointments.

Trunk and Abdomen Protection

—Protective waistcoats, jackets and aprons to provide protection from machinery (piercing, cutting, molten metal splashes, etc.).

—Protective waistcoats, jackets and aprons to provide protection from chemicals.

—Headed waistcoats.

—Life jackets.

—Protective X-ray aprons.

—Body belts.

Whole Body Protection

Equipment designed to prevent falls

—Fall-prevention equipment (full equipment with all necessary accessories).

—Braking equipment to absorb kinetic energy (full equipment with all necessary accessories).

—Body-holding devices (safety harness).

Protective clothing

—"Safety" working clothing (two-piece and overalls).

—Clothing to provide protection from machinery (piercing, cutting etc.).

—Clothing to provide protection from chemicals.

—Clothing to provide protection from molten metal splashes and infra-red radiation.

—Heat resistant clothing.

—Thermal clothing.

—Clothing to provide protection from radioactive contamination.

—Dust-proof clothing.

—Gas-proof clothing.

—Fluorescent signalling, retro-reflecting clothing and accessories (armbands, gloves, etc.).

—Protective coverings.

EIGHTH SCHEDULE

Regulation 28

REFERENCE FACTORS FOR THE MANUAL HANDLING OF LOADS.

1.

Characteristics of the load

The manual handling of a load may present a risk particularly of back injury if it is

—too heavy or too large,

—unwieldy or difficult to grasp,

—unstable or has contents likely to shift,

—positioned in a manner requiring it to be held or manipulated at a distance from the trunk, or with a bending or twisting of the trunk, or

—likely, because of its contours or consistency (or both), to result in injury to employees, particularly in the event of a collision.

2.

Physical effort required

A physical effort may present a risk particularly of back injury if it is

—too strenuous,

—only achieved by a twisting movement of the trunk,

—likely to result in a sudden movement of the load, or

—made with the body in an unstable posture.

3.

Characteristics of the working environment

The characteristics of the work environment may increase a risk particularly of back injury if

—there is not enough room, in particular vertically, to carry out the activity,

—the floor is uneven, thus presenting tripping hazards, or is slippery in relation to the employee's footwear,

—the place of work or the working environment prevents the handling of loads at a safe height or with good posture by the employee,

—there are variations in the level of the floor or the working surface, requiring the load to be manipulated on different levels,

—the floor or foot rest is unstable,

—the temperature, humidity or ventilation is unsuitable.

4.

Requirements of the activity

The activity may present a risk particularly of back injury if it entails one or more of the following requirements

—over-frequent or over prolonged physical effort involving in particular the spine,

—an insufficient bodily rest or recovery period,

—excessive lifting, lowering or carrying distances, or

—a rate of work imposed by a process which cannot be altered by the employee.

NINTH SCHEDULE

Regulations 13 and 15

MANUAL HANDING OF LOADS— INDIVIDUAL RISK FACTORS.

The employee may be at risk if he

—is physically unsuited to carry out the task in question,

—is wearing unsuitable clothing, footwear or other personal effects,

—does not have adequate or appropriate knowledge or training.

TENTH SCHEDULE

Regulation 31

MINIMUM REQUIREMENTS FOR ALL DISPLAY SCREEN EQUIPMENT.

1.

Equipment

(

a

) The general use of the equipment shall not be a source of risk for employees.

(

b

) Display screen

(i) The characters on the screen shall be well defined and clearly formed, of adequate size and with adequate spacing between the characters and lines.

(ii) The image on the screen shall be stable, with no flickering or other forms of instability.

(iii) The brightness or the contrast (or both) between the characters and the background shall be easily adjustable by the employee and easily adjustable to ambient conditions.

(iv) The screen shall be free of reflective glare and reflections liable to cause discomfort to a user.

(

c

) Keyboard

(i) The keyboard shall have a matt surface to avoid reflective glare.

(ii) The arrangement of the keyboard and the characteristics of the keys shall be such as to facilitate the use of the keyboard.

(iii) The symbols on the keys shall be adequately contrasted and legible from the design working position.

2.

Environment

(

a

) Space Requirements

The workstation shall be dimensioned and designed so as to provide sufficient space for the user to change position and vary movements.

(

b

) Lighting

(i) Lighting (including room lighting, spot lighting or work lamps) shall ensure satisfactory lighting conditions and an appropriate contrast between the screen and the background environment, taking into account the type of work and the user's vision requirements.

(ii) Possible disturbing glare and reflections on the screen or other equipment shall be prevented by co-ordinating the layout of workstations within the place of work with the positioning and technical characteristics of the artificial light sources.

(

c

) Reflections and glare

Workstations shall be so designed that sources of light, such as windows and other openings, transparent or translucid walls, and brightly coloured fixtures or walls cause no direct glare and, as far as possible, no distracting reflections on the screen.

(

d

) Radiation

All radiation, with the exception of the visible part of the electromagnetic spectrum shall be reduced to negligible levels from the point of view of the protection of employees' health and safety.

ELEVENTH SCHEDULE

Regulation 31

MINIMUM REQUIREMENTS FOR WORKSTATIONS FIRST PUT INTO SERVICE AFTER THE 31ST DAY OF DECEMBER, 1992 AND FOR ALL WORKSTATIONS AFTER THE 31ST DAY OF DECEMBER, 1996.

19. Duties of Employer

It shall be the duty of every employer, to ensure that—

(

a

) the necessary measures are taken so that the work equipment is suitable for the work to be carried out or is properly adapted for that purpose and may be used by employees without risk to their safety and health;

(

b

) in selecting the work equipment, account is taken of the specific working conditions, characteristics and hazards in the place of work having regard to the safety and health of the employees and any additional hazards posed by the use of such work equipment;

(

c

) where it is not possible fully to ensure that work equipment can be used by employees without risk to their safety or health, appropriate measures are taken to minimise any such risk;

(

d

) where the use of work equipment is likely to involve a specific risk to the safety or health of employees—

(i) the use of such work equipment is restricted to those employees required to use it; and

(ii) in cases of work involving repairs, modifications, maintenance or servicing of such work equipment, the employees concerned are competent to carry out such work;

(

e

) the necessary measures are taken so that employees have at their disposal adequate information and, where appropriate, written instructions on the work equipment; and

(

f

) information and instruction referred to in paragraph (

e

) contains at least adequate safety and health information concerning—

(i) the conditions of use of work equipment

(ii) foreseeable abnormal situations, and

(iii) the conclusions to be drawn from experience, where appropriate, in using such work equipment;

and that such information and any such written instructions are comprehensible to the employees concerned.

20. Compliance with the Requirements of the Fifth Schedule

(1) Without prejudice to the provisions of Regulation 19, it shall be the duty of an employer to ensure that any work equipment provided before the 31st day of December, 1992, for use by employees at a place of work complies with the minimum requirements of the Fifth Schedule, and that work equipment which has to be provided for use by employees and which has not been put into use before that date, shall comply with—

(i) the provisions of any relevant directive of the European Communities relating to work equipment which is applicable; and

(ii) the minimum requirements laid down in the Fifth Schedule, where the provisions of no other such directive apply.

(2) It shall be the duty of an employer to take the measures necessary to ensure that throughout its working life work equipment is kept, by means of adequate maintenance, at a level such that it complies with the provisions of paragraph (1).

(3) The requirements of the Fifth Schedule shall apply having regard to the provisions of this Part and where a corresponding risk exists for the work equipment in question.

PART VPERSONAL PROTECTIVE EQUIPMENT

21. Duties of Employer

(1) It shall be the duty of every employer, where risks at a place of work to the safety or health of employees cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organisation, to provide personal protective equipment for use by his employees.

(2) Without prejudice to the generality of paragraph (1), personal protective equipment shall—

(

a

) be appropriate for the risks involved, without itself causing any increased risk;

(

b

) take account of existing conditions at the place of work;

(

c

) take account of ergonomic requirements and employees' state of health; and

(

d

) fit the wearer correctly after any necessary adjustment.

(3) Without prejudice to the generality of paragraph (1), an employer when providing personal protective equipment shall take into account the appropriate matters specified in the Sixth and Seventh Schedules.

(4) Personal protective equipment provided by an employer under this Regulation shall comply with relevant European Community Directives, regarding design and manufacture of personal protective equipment with respect to safety and health.

22. Assessment of Personal Protective Equipment

(1) Before choosing any personal protective equipment required to be provided under Regulation 21, an employer shall make an assessment to determine whether such equipment satisfies the requirements of Regulations 21 and 23 and this Regulation.

(2) The assessment required by paragraph (1) shall consist of—

(

a

) an analysis and assessment of risks present which cannot be avoided by other means;

(

b

) the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in subparagraph (

a

), taking into account any risks which this equipment itself may create;

(

c

) comparison of the characteristics of the personal protective equipment available with the characteristics referred to in subparagraph (

b

).

(3) The assessment required by paragraph (1) shall be reviewed forthwith if any alteration takes place in any of the matters referred to in paragraph (2), and where as a result of this review changes in the assessment are required such changes shall be made.

23. Conditions of Use and Compatibility

(1) Where it is necessary for an employee to use personal protective equipment, the employer shall determine the conditions of use of such equipment, in particular the period for which it is worn, on the basis of

(

a

) the seriousness of the risk,

(

b

) the frequency of the exposure to the risk,

(

c

) the characteristics of the workstation of each worker, and

(

d

) the adequacy of the personal protective equipment.

(2) Personal protective equipment shall be used only for the purposes specified, except in specific and exceptional circumstances.

(3) Where it is necessary for an employee to wear simultaneously more than one item of personal protective equipment, his employer shall ensure that such items of personal protective equipment are compaible with each other and continue to be effective against the risks involved.

24. Maintenance and Replacement

Every employer shall ensure that any personal protective equipment provided by him under Regulation 21 is maintained at all times in good working order and in a satisfactory hygienic condition, by means of any necessary storage, maintenance, repair or replacement.

25. Personal Use

(1) Every employer shall ensure that the use of an item of personal protective equipment provided by him under Regulation 21 is normally confined to one employee.

(2) Where it is necessary for an item of personal protective equipment to be worn by more than one employee, the employer shall ensure that such use does not create health or hygiene problems for any user.

26. Information, Training and Instruction

Where an employer provides personal protective equipment for an employee under Regulation 21, the employer shall, without prejudice to the provisions of Regulations 11 and 13,—

(

a

) inform the employee of the risks against which the wearing of the equipment protects him,

(

b

) provide the employee at the place of work with adequate information on the personal protective equipment provided,

(

c

) provide the employee with instruction on the use of such personal protective equipment, and

(

d

) arrange for training and, if appropriate, organise demonstrations in the wearing of such equipment.

PART VIMANUAL HANDLING OF LOADS

27. Interpretation for Part VI

In this Part, "manual handling of loads" means any transporting or supporting of a load by one or more employees, and includes lifting, putting down, pushing, pulling, carrying or moving a load, which, by reason of its characteristics or of unfavourable ergonomic conditions, involves risk, particularly of back injury, to employees.

28. Duties of Employer

Every employer shall—

(

a

) take appropriate organisational measures, or use the appropriate means, in particular mechanical equipment, to avoid the need for the manual handling of loads by his employees,

(

b

) where the need for the manual handling of loads by his employees cannot be avoided, take appropriate organisational measures, use appropriate means or provide his employees with such means in order to reduce the risk involved in the manual handling of such loads, having regard to the factors specified in the Eighth Schedule,

(

c

) wherever the need for manual handling of loads by his employees cannot be avoided, organise workstations in such a way as to make such handling as safe and healthy as possible, and—

(i) assess the health and safety conditions of the type of work involved, and in particular examine the characteristics of loads, having regard to the factors specified in the Eighth Schedule, and

(ii) take care to avoid or reduce the risk, particularly of back injury, to his employees, by taking appropriate measures, considering in particular the characteristics of the load, the physical effort required, the characteristics of the working environment and the requirements of the activity, taking account of the factors for the manual handling of loads specified in the Eighth Schedule, and

(

d

) without prejudice to the provisions of Regulation 11, ensure that those of his employees who are involved in manual handling of loads receive general indications and, where possible, precise information on

(i) the weight of each load, and

(ii) the centre of gravity of the heaviest side when a package is eccentrically loaded.

PART VIIDISPLAY SCREEN EQUIPMENT

29. Interpretation for Part VII

In this Part—

"display screen equipment" means any alphanumeric or graphic display screen, regardless of the display process involved;

"employee" means an employee who habitually uses display screen equipment as a significant part of his normal work; and

"workstation" means an assembly comprising display screen equipment, which may be provided with a keyboard or input device or software (or a keyboard or input device and software) determining the operator and machine interface, and includes optional accessories and peripherals such as a diskete drive, telephone, modem, printer, document holder, work chair and work desk or work surface and the immediate work environment of the display screen equipment.

30. Non-application of this Part

The provisions of this Part do not apply to—

(

a

) drivers' cabs or control cabs for vehicles or machinery;

(

b

) computer systems on board a means of transport;

(

c

) computer systems mainly intended for public use;

(

d

) portable display screen equipment not in prolonged use at a workstation;

(

e

) calculators, cash registers and any equipment having a small data or measurement display required for direct use of the equipment; and

(

f

) typewriters of traditional design, of the type known as "typewriter with window".

31. Duties of Employer

(1) Every employer shall—

(

a

) perform an analysis of the workstations in order to evaluate the safety and health conditions to which they give rise for his employees, particularly as regards possible risks to eyesight, physical problems and problems of mental stress;

(

b

) take appropriate measures to remedy any risks found, on the basis of the evaluation referred to in subparagraph (

a

), and taking account of any additional or combined effects of any such risks so found;

(

c

) in making the analysis under subparagraph (

a

) and in taking measures under subparagraph (b) for workstations already in service on or before the 31st day of December, 1992, and in the interests of the health and safety of the employee, take account of the minimum requirements specified in the Tenth Schedule;

(

d

) take appropriate steps to ensure that workstations first put into service after the 31st day of December, 1992, comply with the minimum requirements specified in the Tenth and Eleventh Schedules;

(

e

) take appropriate steps to ensure that workstations already in service on or before the 31st day of December, 1992 are adapted not later than the 31st day of December, 1996 to comply with the minimum requirements specified in the Tenth and Eleventh Schedules;

(

f

) plan the activities of his employees in such a way that daily work on a display screen is periodically interrupted by breaks or changes of activity which reduce workload at the display screen;

(

g

) without prejudice to the provisions of Regulation 11, provide information to his employees in relation to the measures applicable to workstations which have been implemented under subparagraphs (

b

) and (

f

) and Regulation 32; and

(

h

) without prejudice to the provisions of Regulation 13, provide training to employees in the use of workstations before commencing this work with display screen equipment and whenever the organisation of the workstation is substantially modified.

(2) The requirements of the Tenth and Eleventh Schedules apply only to the extent that the components concerned are present at a workstation and that the inherent requirements or characteristics of the work do not preclude such application.

(3) The requirements specified in paragraph 1 (

d

) of the Eleventh Schedule shall not be construed as preventing the use of alternative suitable seating.

32. Provision of Eye Tests and Corrective Appliances

Every employer shall, taking into account any entitlement which an employee may have to any tests and appliances provided by the State and relating to eyesight and appliances ensure—

(

a

) that an appropriate eye and eyesight test, carried out by a competent person, is made available to every employee—

(i) before commencing display screen work.

(ii) at regular intervals thereafter, and

(iii) if an employee experiences visual difficulties which may be due to display screen work,

(

b

) that, if the results of a test under this Regulation show that it is necessary, an ophthalmological examination is carried out on the employee concerned; and

(

c

) that, where the results of a test or an examination under this Regulation show that it is necessary, and if normal corrective appliances cannot be used, the employee concerned is provided with special corrective appliances appropriate to his work.

PART VIIIELECTRICITY

33. Interpretation for Part VIII

In this Part—

"authorised person" means a person who is competent for the particular purpose of this Part, in relation to which the expression is used, and who is also either an employer, a self-employed person, or an employee appointed or selected by the employer or self-employed person, and who in any case is engaged in work or duties incidental to the generation, transformation, conversion, switching, controlling, regulating, rectification, storage, transmission, distribution, provision, measurement or use of electrical energy;

"circuit" means part of an electrical installation supplied from the same origin, which may be protected against overcurrents by the same protective device;

"circuit breaker" means an electro-mechanical device capable of making, carrying and breaking currents under normal circuit conditions and also capable of making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions such as those of short circuit;

"conductive part" means a part capable of conducting current although not necessarily used for carrying current in normal conditions;

"conductor" means a conductor of electrical energy;

"danger" means risk of death or personal injury or danger to health from electric shock, electric burn, electrical explosion or arcing, or from fire or explosion caused by the use of electricity or from mechanical movement of electrically driven equipment;

"earthing" means the connection of the exposed conductive parts of an electrical installation to the conductive mass of the earth;

"electrical equipment" includes any conductor or electric cable and any part of any machine, apparatus or appliance, intended (in any case) to be used or installed for use for the generation, transformation, conversion, switching, controlling, regulating, rectification, storage, transmission, distribution, provision, measurement or use of electrical energy;

"electrical installation" means an assembly of associated electrical equipment fulfilling a specific purpose or purposes and having co-ordinated characteristics;

"high voltage" means any voltage exceeding—

(

a

) 1000 volts alternating current, or

(

b

) 1500 volts direct current;

"isolation" means the disconnection and separation of electrical equipment from every source of electrical energy in such a way that the disconnection and separation is secure;

"live" means electrically energised;

"medical electrical equipment" means medical electrical equipment as defined in the document entitled "National Rules for Electrical Installations in Medically Used Rooms" published by the Electro-Technical Council of Ireland;

"overcurrent" means any current exceeding the rated value;

"overhead line" means any electric line or telephone line which is placed above ground and suspended in the open air;

"portable equipment" means equipment (including handheld portable equipment) which, because of the manner in which it is to be used, requires to be moved while it is working, or is designed so that it can be moved while it is working or is moved from time to time between the periods during which it is working;

"residual current device" means an electro-mechanical switching device intended to disconnect a circuit when the residual current attains a stated value under specific conditions; and

"substation" means any building, enclosure or other structure (or any part thereof) which is large enough to enable a person to enter after the electrical equipment therein is in position and which contains equipment for transforming or converting electrical energy either to or from high voltage (not being equipment for transforming or converting electrical energy solely for the operation of switchgear or instruments), and includes the said equipment, together with any other equipment for switching, controlling or otherwise regulating electrical energy.

34. Application of this Part

(1) The provisions of this Part shall apply to the generation, transformation, conversion, switching, controlling, regulating, rectification, storage, transmission, distribution, provision, measurement or use of electrical energy in every place of work, excluding such a place which is a mine or quarry within the meaning of the

Mines and Quarries Act, 1965

(No. 7 of 1965).

(2) The provisions of this Part shall not apply to—

(

a

) any electrical equipment or electrical installation used exclusively for testing or research purposes, or

(

b

) medical electrical equipment but such equipment or installation shall be constructed, installed, maintained, protected and used, and adequate precautions shall be taken, so as to prevent danger.

35. Duties of Employer

It shall be the duty of every employer to carry on his work in accordance with the provisions of this Part and any relevant code of practice.

36. Suitability of Electrical Equipment and Installations

All electrical equipment and electrical installations shall at all times be so—

(

a

) constructed,

(

b

) installed,

(

c

) maintained,

(

d

) protected, and

(

e

) used

so as to prevent danger.

37. Adverse or Hazardous Environments

Electrical equipment which may at any time be exposed to adverse or hazardous environments, including in particular—

(

a

) mechanical damage;

(

b

) the effects of the weather, natural hazards, temperature or pressure;

(

c

) the effects of wet, dirty, dusty or corrosive conditions; or

(

d

) any flammable or explosive substance or atmosphere,

shall be constructed and installed or so protected as to prevent danger arising from such exposure.

38. Identification and Marking

(1) All electrical equipment shall be suitably identified where necessary to prevent danger.

(2) All electrical equipment other than cables shall display the maker's name together with all ratings necessary to show that it is suitable for the purpose for which it is used.

39. Protection against Electric Shock in Normal Conditions

All live parts which may cause danger shall either—

(

a

) be suitably covered with insulating material and so protected as to prevent danger; or

(

b

) have such precautions taken in respect of them (including, where appropriate, their being suitably placed) as will prevent danger.

40. Protection against Electric Shock in Fault Conditions

Precautions shall be taken, either by earthing and automatic disconnection of the supply of electricity or other suitable means, to prevent danger arising where any exposed conductive part may become live.

41. Portable Equipment

(1) A circuit supplying portable equipment or a socket outlet intended to supply such portable equipment and in which alternating current at a voltage exceeding 125 volts and not exceeding 1,000 volts is used, shall be protected by one or more residual current devices having a tripping current not exceeding 30 milliamperes.

(2) Portable equipment (other than portable transformers and portable generators) supplied at a voltage exceeding 125 volts alternating current shall not be used in building operations, works of engineering construction or in damp or confined locations unless its rating exceeds 2 kilovolt amperes.

(3) Portable handlamps supplied at a voltage exceeding 25 volts alternating current or 50 volts direct current shall not be used in building operations, works of engineering construction, damp or confined locations.

(4) Where a transformer is used to supply electricity to—

(

a

) portable equipment at a voltage not exceeding 125 volts alternating current, or

(

b

) a portable handlamp at a voltage not exceeding 25 volts alternating current and in accordance with paragraph (3),

it shall be of the double wound type and the centre point of the lower voltage or secondary winding shall be connected to earth.

42. Connections

Every electrical joint and connection shall be of adequate construction as regards conductance, insulation, mechanical strength and protection so as to prevent danger.

43. Overcurrent Protection

Effective means suitably located shall be provided to protect all electrical equipment and installations from overcurrent so as to prevent danger.

44. Switching and Isolation

(1) Subject to paragraph (4), where necessary to prevent danger, suitable means (including, where appropriate, methods of identifying circuits) shall be available for—

(

a

) switching off the supply of electricity to any electrical equipment; and

(

b

) the isolation of any electrical equipment.

(2) Every switch, circuit breaker or other control device provided under paragraph (1) shall, where necessary to prevent danger, be

(

a

) clearly marked to indicate the "ON" and "OFF" positions, unless these are otherwise self-evident, and

(

b

) readily accessible for authorised persons and in a suitable adequately lit location.

(3) Adequate precautions shall be taken to prevent the operation of any switch while carrying current where that switch is not capable of safely interrupting normal load current.

(4) Paragraph (1) shall not apply to electrical equipment which is itself a source of electrical energy, but in such a case adequate precautions shall be taken to prevent danger.

45. Precautions for Work on Equipment made Dead

Adequate precautions shall be taken to prevent danger arising from—

(

a

) electrical equipment which has been made dead becoming live while work is carried out on or near that equipment; and

(

b

) any electrical equipment inadvertently becoming live.

46. Work Activities and Protective Equipment

(1) Every work activity, including the operation, use and maintenance of electrical equipment or installations, shall be carried out in such a manner as not to cause danger.

(2) A person shall not be engaged in any work activity on or near any live part (other than one suitably covered with insulating material so as to prevent danger) where danger may be caused unless—

(

a

) it is unreasonable in the circumstances for it to be dead;

(

b

) it is reasonable in the circumstances for such person to be at work on or near it while it is live; and

(

c

) suitable precautions (including, where necessary, the provision of protective equipment) are taken to prevent danger.

(3) Any equipment provided under this Part for the purpose of protecting employees on or near electrical equipment shall be suitable for the use for which it is provided, be maintained in a condition suitable for that use and be properly used.

47. Working Space, Access and Lighting

Adequate working space, adequate means of access and egress and adequate lighting shall be provided at all electrical equipment on which or near which work is being done in circumstances which may cause danger.

48. Persons to be Competent to Prevent Danger

A person shall not be engaged in any work activity where technical knowledge and experience is necessary to prevent danger unless such person possesses such knowledge and experience or is under such degree of supervision as is appropriate having regard to the nature of the work.

49. Testing and Inspection

(1) Every new electrical installation and every major alteration of extension to an existing installation shall after completion be inspected and tested by a competent person in an approved manner, and a certificate of test shall be completed verifying that the relevant requirements of these Regulations have been complied with.

(2) A test of an existing installation shall be made in an approved manner by a competent person and a certificate completed by the person carrying out the test, if an inspector so requires.

50. Earth Leakage Protection (High Voltage)

Effective means shall be provided, in relation to every circuit in which high voltage is used to prevent danger arising from leakage currents to earth.

51. Substation

(1) Every substation shall be substantially constructed and shall be—

(

a

) arranged so that no person other than an authorised person can obtain access thereto otherwise than by the proper entrance,

(

b

) arranged so that a person cannot interfere with the equipment or conductors therein from outside, and

(

c

) provided with efficient means of ventilation and kept dry if under cover.

(2) Every substation shall be under the control of an authorised person, and only an authorised person or a person acting under his supervision shall enter any part of a substation in which there may be danger.

52. Fencing of Outdoor Equipment

(1) Wherever any transformer or switchgear, in which high voltage is used, is installed otherwise than in a building, the transformer or switchgear shall be adequately protected either by suitable fencing not less than 2.4 metres high or by some other effective means for preventing any unauthorised person gaining access to the equipment or to anything connected thereto which is used as a conductor.

(2) Paragraph (1) does not apply if the transformer or switchgear is completely enclosed by—

(

a

) a metal casing which is connected to earth, or

(

b

) some other equally suitable non-metal casing.

53. Overhead Lines

(1) All overhead lines shall be constructed, installed and maintained in a manner suitable for the work and conditions under which they are to be operated and for the prevention of danger.

(2) To prevent dangerous contact with a person, article, substance or any conducting material, all overhead lines and other current-carrying parts connected to or containing part of overhead lines shall be arranged so that adequate clearance is provided from the ground or other accessible place, and when it is impracticable to divert such lines they shall be provided with suitable guards or barriers or the lines shall be protected with suitable insulation.

(3) Means shall be provided to prevent danger—

(

a

) in the event of any live conductor accidentally falling due to breakage or otherwise; and

(

b

) from excessive voltage on overhead lines arising from accidental contact with or leakage from any other overhead line or otherwise.

PART IXFIRST-AID

54. Interpretation of Part IX

In this Part—

"first-aid" means—

(

a

) in a case where a person requires treatment from a registered medical practitioner or a registered general nurse, treatment for the purpose of preserving life or minimising the consequences of injury or illness until the services of such a practitioner or such a nurse are obtained, or

(

b

) in a case of a minor injury which would otherwise receive no treatment or which does not need treatment by a registered medical practitioner or registered general nurse, treatment of such an injury;

"occupational first-aider" means a person who is the holder of a certificate in first-aid, issued within the immediately preceding period of three years, by a person who is recognised as an occupational first aid instructor by an approved person.

55. Application of this Part

(1) Subject to the provisions of paragraph (2), the provisions of this Part apply to every place of work.

(2) Regulation 57 does not apply to the following places of work—

(

a

) means of transport used outside the undertaking or a place of work inside a means of transport;

(

b

) a fishing boat;

(

c

) a field, wood or land forming part of an agricultural or forestry undertaking which is situated away from the undertaking's buildings.

56. Duties of Employer

(1) It shall be the duty of every employer—

(

a

) to provide, or ensure that there is provided and maintained, in every place where working conditions require it at each place of work under his control such first-aid equipment, suitably marked and easily accessible, as is adequate and appropriate in the circumstances for enabling first-aid to be rendered to persons at the place of work, and

(

b

) to provide, or ensure that there are provided, at each place of work under his control such number of occupational first-aiders as is necessary to render first-aid at the place of work concerned, taking account of the size or hazards (or both) of the undertaking or establishment.

(2) Where an occupational first-aider provided under paragraph (1) (b) is absent in temporary and exceptional circumstances it shall be sufficient compliance with that paragraph if the employer designates a person, or ensures that a person is designated to take charge of an injured or ill person.

(3) Details of arrangements made for the provision of first-aid, including the names of occupational first-aiders and the location of first-aid rooms, equipment and facilities for or at the place of work shall be included in the safety statement.

57. First-aid Rooms

(1) Notwithstanding Regulation 56, and without prejudice to existing requirements in the relevant statutory provisions as regards the provision of first-aid or ambulance rooms, in the case of any place of work used for the first time after the 31st day of December, 1992, it shall be the duty of every employer to provide one or more first-aid rooms at every such place of work under his control where the size of the undertaking, the type and scale of activity being carried out and the frequency of accidents so require.

(2) Every first-aid room provided under paragraph (1) shall be fitted with essential first-aid equipment and facilities and shall be easily accessible for stretchers.

(3) Paragraphs (1) and (2) shall also apply to any place of work as referred to in paragraph (1) which undergoes modifications, extensions or conversions after the 31st day of December, 1992.

PART XNOTIFICATION OF ACCIDENTS AND DANGEROUS OCCURRENCES

58. Interpretation of Part X

(1) In this Part—

"dangerous occurrence" means an occurrence which occurs at any place of work other than at a mine or quarry within the meaning of the

Mines and Quarries Act, 1965

, and is an occurrence which is specified at a reference number in the Twelfth Schedule;

"pipeline" means—

(

a

) any pipeline or system of pipelines with a minimum internal diameter of 300 millimetres carrying or liable to carry flammable gases in a gaseous phase at a pressure above 8 bar absolute, or

(

b

) any pipeline or system of pipelines carrying or liable to carry any other dangerous substance or preparation;

"public road" means a road the responsibility for the maintenance of which lies on a road authority;

"road authority" means—

(

a

) the council of a county,

(

b

) the corporation of a county or other borough, or

(

c

) the council of an urban district;

"responsible person" means—

(

a

) in the case of any event required to be reported under Regulation 59 involving an employee at work, his employer;

(

b

) in any other case, except where subparagraph (

c

) applies, the person having control of a place of work for the purpose of any trade, business or undertaking (whether for profit or not) at which the accident or dangerous occurrence required to be reported under Regulation 59 occurs; and

(

c

) where a self-employed person is fatally injured at a place of work, the person who owns the place of work or, in the case of a tenancy existing in respect of the place of work, the tenant or, in a case where the fatally injured person is the owner or tenant, the next of kin.

(2) In this Part, a reference to an accident or a dangerous occurrence arising at or in connection with work includes a reference to an accident or dangerous occurrence which is attributable to the manner of conducting the undertaking concerned or to any article or substance used for the purposes of the undertaking concerned or to the condition of any part of the place of work where the undertaking concerned is carried on.

59. Notification of Accidents and Dangerous Occurrences

(1) Where—

(

a

) any accident occurs at a place of work as a result of which any person carrying out work at that place of work dies or is prevented from performing his normal work for more than three consecutive days, excluding the day of the accident but including any days which would not have been working days, or

(

b

) in the case of any person who is not at work but who as a result of an accident related to a place of work or a work activity dies or suffers any injury or condition as a result of an accident which results in the person requiring treatment from a registered medical practitioner or treatment in a hospital as an in-patient or an out-patient, or

(

c

) there is a dangerous occurrence, the responsible person shall—

(i) in the case of a death, supply the Authority by the quickest practicable means with the name of the deceased, brief particulars and the location of the accident, and

(ii) as soon as practicable send a written report in the approved form to the Authority of the death, injury, condition, accident, or dangerous occurrence.

(2) Where as a result of an accident at work an employee or a self-employed person sustains an injury or suffers a condition which is required to be reported under this Regulation to the Authority, and as a result of that accident the employee or self-employed person dies within a year of the accident, the responsible person shall, as soon as possible after the death comes to his knowledge, inform the Authority in writing of the death, whether or not the accident has been reported under paragraph (1).

(3) In the case of a responsible person who is a self-employed person, it shall be sufficient compliance with paragraph (1) if the self-employed person makes arrangements with some other person for that other person to make the notification or report required by that paragraph on behalf of the self-employed person.

(4) (

a

) Where an accident which is noticeable under paragraph (1) occurs and causes loss of life to a person no person shall disturb the place where it occurred or tamper with anything thereat before—

(i) that place has been inspected by an inspector, or

(ii) the expiration of three clear days after notification, in accordance with paragraph (1), of the accident.

(

b

) Nothing in this Regulation shall prohibit the doing of anything by or with the consent of an inspector.

(

c

) In any proceedings taken in respect of a contravention of this paragraph consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety or health of any person.

60. Keeping of Records

(1) The responsible person shall keep a record of any accident or dangerous occurrence which is required to be reported under Regulation 59 to the authority, for a period of ten years from the date of the accident or dangerous occurrence.

(2) A record required to be kept under this Regulation shall contain the same information as in the approved form referred to in Regulation 59 (1) (c) (ii).

(3) A record required to be kept under this Regulation shall be kept at the place where the work to which it relates is carried on or, if this is not practicable, at the usual place of business of the responsible person.

(4) Where an employer is required by or under statute (other than the Act) to keep a record of injuries or deaths at work, such a record shall be sufficient compliance with paragraph (1) if it contains the particulars specified in paragraph (2).

(5) Where the Authority requests a responsible person to send it extracts from a record required to be kept by this Regulation, the responsible person shall comply with such a request as soon as possible.

61. Application of this Part

(1) The provisions of Regulation 59 relating to a death, injury or condition do not apply to a person who, at the time death occurs or injury is sustained or a condition is suffered, is a patient undergoing treatment in a hospital or in a doctor's or dentist's surgery and is not undergoing treatment for an accident at a place of work or for an injury due to a dangerous occurrence, unless the cause of death or injury is unrelated to the patient's pre-existing medical condition or the treatment being provided.

(2) The provisions of Regulation 59 relating to the death, injury or condition of a person as a result of an accident shall, in the case of an accident arising out of or in connection with the movement of a vehicle on any public road, apply only if that person—

(

a

) was killed or suffered an injury as a result of driving or riding a vehicle in the course of work, or

(

b

) was killed or suffered an injury or condition as a result of exposure to a substance or injury from an article being conveyed by a vehicle,

(

c

) was either himself engaged in, or was killed or suffered an injury or condition as a result of the activities of another person who was at the time of the accident engaged in, work connected with the loading or unloading of any article or substance onto or off a vehicle, or

(

d

) was either himself engaged in, or killed or suffered an injury or condition as a result of the activities of another person who was at the time of the accident engaged in, work on or alongside a road, being work concerned with the construction, demolition, alteration, repair or maintenance of—

(i) the road or the markings or equipment thereon;

(ii) the verges, fences, hedges or other boundaries of the road;

(iii) pipes or cable on, under, over or adjacent to the road; or

(iv) buildings or structures adjacent to or over the road.

62. Defence in Proceedings

It shall be a defence in any proceedings against any person for an offence under this Part of these Regulations for such person to prove that he was not aware of the accident or dangerous occurrence in relation to which he was required by Regulation 59 to make a notification or send a report to the Authority and that he had taken all reasonable steps to have such accident or dangerous occurrence brought to his notice.

63. Examinations and Tests

(1) Where there is an accident or dangerous occurrence at a place of work and the Authority is satisfied that the accident or occurrence may have been caused (whether wholly or partly) by any article, if the authority considers it necessary for the proper investigation of the accident or occurrence, it may by a notice in writing require the employer, self-employed person or the owner of the article concerned:—

(

a

) to have such article, or in a case where the accident or occurrence is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person,

(

b

) to have a report of the results of the examination and test prepared and submitted to the employer, self-employed person or such owner, as may be appropriate, by the person by whom the examination and test was carried out, as soon as may be and in any case not later than 28 days after the completion of the examination and test, and

(

c

) to give to the authority a copy of such report within seven days of its receipt in pursuance of sub-paragraph (

b

).

(2) A report required under paragraph (1) of this Regulation shall include particulars of:—

(

a

) the manner in which the relevant examination was carried out,

(

b

) the method used when making tests,

(

c

) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in the article examined, and

(

d

) such other matter as the Authority may specify when making the requirement.

(3) Where the Authority is not satisfied as to the adequacy of a report under this Regulation, or as to the competence of a person employed to make an examination and test referred to in this Regulation or as to the adequacy of such an examination and test, it may require the employer, self-employed person or owner of the article concerned to have it re-examined and tested at the expense of such employer, self-employed person or owner by a person nominated by the Authority, and where the Authority makes a requirement under this paragraph, such employer, self-employed person or owner shall give any necessary facilities for such re-examination and test.

(4) In any proceedings for an offence under this Regulation it shall be a good defence for the accused to prove that he used all due diligence to comply with the requirements of the relevant notice.

FIRST SCHEDULE

Regulation 5

GENERAL PRINCIPLES OF PREVENTION.

(

a

) The avoidance or risks.

(

b

) The evaluation of unavoidable risks.

(

c

) The combatting of risks at source.

(

d

) The adaptation of work to the individual, especially as regards the design of places of work, the choice of work equipment and the choice of systems of work, with a view, in particular, to alleviating monotonous work and work at a predetermined work rate and to reducing their effect on health.

(

e

) The adaptation of the place of work to technical progress.

(

f

) The replacement of dangerous articles, substances or systems of work by non-dangerous or less dangerous articles, substances or systems of work.

(

g

) The development of an adequate prevention policy in relation to safety, health and welfare at work, which takes account of technology, organisation of work, working conditions, social factors and the influence of factors related to the working environment.

(

h

) The giving to collective protective measures of priority over individual protective measures.

(i) The giving of appropriate training and instructions to employees.

Regulation 17

SECOND SCHEDULE

REQUIREMENTS FOR ALL PLACES OF WORK

1.

Stability and solidity

Buildings which house places of work shall have a structure and solidity appropriate to the nature of their use.

2.

Ventilation of enclosed places of work

(1) Steps shall be taken to ensure that there is sufficient fresh air in enclosed places of work, having regard to the working methods used and the physical demands placed on the employees.

(2) Where a forced ventilation system is used, it shall be maintained in working order.

(3) Any deposit or dirt likely to create an immediate danger to the health of employees by polluting the atmosphere shall be removed without delay.

3.

Room temperature

(1) During working hours, the temperature in rooms containing workstations shall be adequate for human beings, having regard to the working methods being used and the physical demands placed on the employees.

(2) The temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first-aid rooms shall be appropriate to the particular purpose of such areas.

4.

Natural and artificial room lighting

(1) Places of work shall as far as possible receive sufficient natural light and be equipped with artificial lighting adequate for the protection of employees' safety and health.

(2) Lighting installations in rooms containing workstations and in passageways shall be placed in such a way that there is no risk of accident to employees as a result of the type of lighting fitted.

5.

Floors, walls, ceilings and roofs of rooms

(1) The floors of rooms shall have no dangerous bumps, holes or slopes and shall be fixed, stable and not slippery.

(2) The surfaces of floors, walls and ceilings in rooms shall be such that they can be cleaned or refurbished to an appropriate standard of hygiene.

(3) Access to roofs made of materials of insufficient strength shall not be permitted unless equipment is provided to ensure that the work can be carried out in a safe manner.

6.

Doors and gates

(1) The position, number and dimensions of doors and gates, and the materials used in their construction, shall be determined by the nature and use of the rooms or areas.

(2) Transparent doors shall be appropriately marked at a conspicuous level.

7.

Movement of pedestrians and vehicles — danger areas

(1) Outdoor and indoor places of work shall be organized in such a way that pedestrians and vehicles can circulate in a safe manner.

(2) where the use and equipment of rooms so require for the protection of employees, traffic routes shall be clearly identified.

(3) If the places of work contain danger areas in which, owing to the nature of the work, there is a risk of an employee or objects falling, such places of work shall be equipped, as far as possible, with devices preventing unauthorised employees from entering those areas.

(4) Appropriate measures shall be taken to protect employees authorised to enter danger areas.

(5) Danger areas shall be clearly indicated.

8.

Loading bays and ramps

(1) Loading bays and ramps shall be suitable for the dimensions of the loads to be transported.

(2) Loading bays shall have at least one exit point.

(3) Where technically feasible, bays over a certain length shall have an exit point at each end.

(4) Loading ramps shall as far as possible be safe enough to prevent employees from falling off.

9.

Room dimensions and air space in rooms — freedom of movement at the workstation

Workrooms shall have sufficient surface area, height and air space to allow employees to perform their work without risk to their safety, health or wellbeing.

10.

Outdoor places of work (special provisions)

(1) Workstations, traffic routes and other areas or installations outdoors which are used or occupied by the employees in the course of their activities shall be organized in such a way that pedestrians and vehicles can circulate safely.

(2) Outdoor places of work shall be adequately lit by artificial lighting when daylight is not adequate.

(3) When employees are employed at outdoor workstations, such workstations shall as far as possible be arranged so that employees—

(

a

) are protected against inclement weather conditions and falling objects,

(

b

) are not exposed to harmful noise levels or to harmful influences such as gases, vapours or dust,

(

c

) can leave their workstations speedily in the event of danger or can be rapidly assisted to do so, and

(

d

) cannot slip or fall.

11.

Sanitary Facilities

There shall be provided and maintained suitable and sufficient sanitary and washing facilities available for the use of employees.

12.

General Requirements

(1) Traffic routes to emergency exits and the exits themselves shall be kept clear at all times.

(2) Any equipment and devices for use at work in a place of work or for the prevention or elimination of hazards therein shall be regularly cleaned to an adequate level of hygiene, and shall be monitored and maintained so that any faults detected which are liable to affect the safety and health of employees are rectified as quickly as possible.

THIRD SCHEDULE

Regulation 17

REQUIREMENTS FOR PLACES OF WORK USED FOR THR FIRST TIME AFTER THE 31ST DAY OF DECEMBER, 1992 AND FOR PLACES OF WORK WHICH UNDERGO MODIFICATIONS, EXTENSIONS OR CONVERSIONS AFTER THAT DATE.

1.

Ventilation of Enclosed Places of work

(1) Any breakdown in a forced ventilation system shall be indicated by as control system where this is necessary for the employees' health.

(2) If air-conditioning or mechanical ventilation installations are used, they shall operate in such a way that employees are not exposed to draughts which cause discomfort.

2.

Room temperature

Windows, skylight and glass partitions shall allow excessive effects of sunlight in places of work to be avoided, having regard to the nature of the work and of the place of work.

3.

Lighting

Places of work in which employees are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.

4.

Floors, walls, ceilings and roofs of rooms

(1) Places of work containing workstations shall be adequately thermally insulated, bearing in mind the type of undertaking involved and the physical activity of the employees.

(2) Transparent and translucent walls, in particular all-glass partitions, in rooms or in the vicinity of workstations and traffic routes shall be clearly indicated and made of safety material or be shielded from such places or traffic routes to prevent employees from coming into contact with walls or being injured should the walls shatter.

5.

Windows and Skylights

(1) It shall be possible for employees to open, close, adjust or secure windows, skylights and ventilators in a safe manner, and when open, such windows, skylights and ventilators shall not be positioned so as to constitute a hazard to employees.

(2) Windows and skylights shall be designed in conjunction with equipment or otherwise be fitted with devices, allowing them to be cleaned without risk to the employees carrying out this work or to employees present in and around the building.

6.

Doors and Gates

(1) Swing doors and gates shall be transparent or have see-through panels.

(2) If transparent or translucent surfaces in doors and gates are not made of safety material and if there is a danger that employees may be injured if a door or gate should shatter, the surfaces shall be protected against breakage.

(3) Sliding doors shall be fitted with a safety device to prevent them from being derailed or falling over.

(4) Doors and gates opening upwards shall be fitted with a mechanism to secure them against falling back.

(5) Doors for pedestrians shall be provided in the immediate vicinity of any gates intended essentially for vehicle traffic, unless it is safe for pedestrians to pass through and such doors shall be clearly marked and left permanently unobstructed.

(6) Mechanical doors and gates shall function in such a way that there is no risk of accident to employees, and shall be fitted with easily identifiable and accessible emergency shut-down devices and unless they open automatically in the event of a power failure, where they operate as an emergency exit, it shall also be possible to open them manually.

7.

Traffic routes — danger areas

(1) Traffic routes, including stairs, fixed ladders and loading bays and ramps, shall be located and dimensioned to ensure easy, safe and appropriate access for pedestrians or vehicles in such a way as not to endanger employees employed in the vicinity of such routes.

(2) Routes used for pedestrian traffic or goods traffic (or both) shall be dimensioned in accordance with the number of potential users and the type of undertaking and, if means of transport are used on traffic routes, a sufficient safety clearance shall be provided for pedestrians.

(3) Sufficient clearance shal be allowed between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases.

8.

Specific measures for escalators and travelators

Escalators and travelators shall function safely, shall be equipped with any necessary safety devices and shall be fitted with easily identifiable and accessible emergency shutdown devices.

9.

Room dimensions and air space in rooms — freedom of movement at the workstation

The dimensions of the free unoccupied area at a workstation shall be calculated to allow employees sufficient freedom of movement to perform their work, and where this is not possible for reasons specific to the workstation, the employee shall be provided with sufficient freedom of movement near his workstation.

10.

Rest rooms

(1) Where, in particular because of the type of activity carried out or the presence of more than a certain number of employees, the safety or health of employees so requires, employees shall be provided with an easily accessible rest room but this requirement shall not apply if the employees are employed in offices or similar workrooms providing relaxation during breaks.

(2) Rest rooms shall be large enough and equipped with tables and seats with backs adequate for the number of employees.

(3) In rest rooms appropriate measures shall be introduced for the protection of non-smokers against discomfort caused by tobacco smoke.

(4) If working hours are regularly and frequently interrupted and there is no rest room, other rooms shall be provided in which employees can stay during such interruptions, wherever this is required for the safety of health of employees, and appropriate measures shall be taken for the protection of non-smokers against discomfort caused by tobacco smoke.

11.

Pregnant women and nursing mothers

Pregnant women and nursing mothers shall be able to lie down to rest in appropriate conditions.

12.

Sanitary equipment

(1) Appropriate changing rooms shall be provided for employees who have to wear special work clothes and where, for reasons of health or propriety, they cannot be expected to change in another room.

(2) Changing rooms shall be easily accessible, be of sufficient capacity and be provided with seating.

(3) Changing rooms shall be sufficiently large and have facilities to enable each employee to lock away his clothes during working hours.

(4) If circumstances so require lockers for work clothes shall be separate from those for ordinary clothes.

(5) Provision shall be made for separate changing rooms or separate use of changing rooms for men and women.

(6) If changing rooms are not required under paragraph (1), each employee shall be provided with a place to store his clothes.

(7) Adequate and suitable showers shall be provided for employees if required by the nature of the work or for health reasons related thereto, and in such case, provision shall be made for separate shower rooms or separate use of shower rooms for men and women.

(8) Shower rooms shal be sufficiently large to permit each employee to wash without hindrance in satisfactory conditions of hygiene.

(9) Showers shall be equipped with hot and cold running water.

(10) Where showers are not required under paragraph (7), adequate and suitable washbasins with running water (including hot water) shall be provided in the vicinity of the workstations and the changing rooms, and such washbasins shall be separate for, or used separately by, men and women when so required for reasons of propriety.

(11) Where the rooms housing showers or washbasins are separate from the changing rooms, there shall be easy communication between the two.

(12) Separate facilities with an adequate number of lavatories and washbasins shall be provided in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers.

(13) Provision shall be made for separate lavatories or separate use of lavatories for men and women.

13.

Employees with disabilities

Places of work shall be arranged to take account of employees with disabilities.

FOURTH SCHEDULE

Regulation 17

REQUIREMENTS FOR PLACES OF WORK ALREADY IN USE BEFORE THE 1ST DAY OF JANUARY, 1993.

1.

Ventilation of Enclosed Places of Work

Any breakdown in a forced ventilation system shall be indicated by a control system where this is necessary for employees' health.

2.

Lighting

Places of work in which employees are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.

3.

Doors and Gates

Swing doors and gates shall be transparent or have see-through panels.

4.

Specific measures for escalators and travelators

Escalators and travelators shall function safely, shall be equipped with any necessary safety devices and shall be fitted with easily identifiable and accessible emergency shut-down devices.

5.

Room dimensions and air space in rooms —freedom of movement at the workstation

The dimensions of the free unoccupied area at a workstation shall be calculated to allow employees sufficient freedom of movement to perform their work, and where this is not possible for reasons related to a particular workstation, the employee shall be provided with sufficient freedom of movement near his workstation.

6.

Rest rooms and rest areas

(1) Where in particular because of the type of activity carried out or the presence of more than a certain number of employees, the safety or health of employees so requires, employees shall be provided with an easily accessible rest room or appropriate rest area, but this provision shall not apply if the employees are employed in offices or similar workrooms providing equivalent relaxation during breaks.

(2) Rest rooms and rest areas shall be equipped with tables and seats with backs.

(3) In rest rooms and rest areas appropriate measures shall be introduced for the protection of non-smokers against discomfort caused by tobacco smoke.

7.

Pregnant women and nursing mothers

Pregnant women and nursing mothers shall be able to lie down to rest in appropriate conditions.

8.

Sanitary equipment

(1) Appropriate changing rooms shall be provided for employees if they have to wear special work clothes and where, for reasons of health or propriety, they cannot be expected to change in another room.

(2) Changing rooms shall be easily accessible, be of sufficient capacity and be provided with seating.

(3) Changing rooms shall be sufficiently large and have facilities to enable each employee to lock away his clothes during working hours.

(4) If circumstances so require, lockers for work clothes shall be separate from those for ordinary clothes.

(5) Provision shall be made for separate changing rooms or separate use of changing rooms for men and women.

(6) If changing rooms are not required under paragraph (1), each employee shall be provided with a place to store his clothes.

(7) Adequate and suitable showers shall be provided for employees if required by the nature of the work or for health reasons related thereto and in such a case provision shall be made for separate shower rooms or separate use of shower rooms for men and women.

(8) Shower rooms shall be sufficiently large to permit each employee to wash without hindrance in satisfactory conditions of hygiene.

(9) Showers shall be equipped with hot and cold running water.

(10) Where showers are not required under paragraph (7), adequate and suitable washbasins with running water (including hot water) shall be provided in the vicinity of the workstations and the changing rooms, and such washbasins shall be separate for, or used separately by, men and women when so required for reasons of propriety.

(11) Where the rooms housing the showers or washbasins are separate from the changing rooms, there shall be easy communication between the two.

(12) Separate facilities with an adequate number of lavatories and washbasins shall be provided in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers.

(13) Provision shall be made for separate lavatories or separate use of lavatories for men and women.

9.

Employees with disabilities

Places of work shall be arranged to take account of employees with disabilities.

FIFTH SCHEDULE

Regulation 20

REQUIREMENTS FOR WORK EQUIPMENT PROVIDED BEFORE THE 31ST DAY OF DECEMBER, 1992.

S.I. No. 44 of 1993.

SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS, 1993

ARRANGEMENT OF REGULATIONS

Regulation

Part I

Interpretation and General

1-4

Part II

General Safety and Health Provisions

5-15

Part III

Workplace

16-17

Part IV

Use of Work Equipment

18-20

Part V

Provision of Personal Protective Equipment

21-26

Part VI

Manual Handling of Loads

27-28

Part VII

Work with Display Screen Equipment

29-32

Part VIII

Electricity

33-35

Part IX

First Aid

54-57

Part X

Notification of Accidents and Dangerous Occurrence

58-63

S.I. No. 44 of 1993.

SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS, 1993

INDEX

PART I

INTERPRETATION AND GENERAL

Regulation