IE
S.I. No. 674/2020 - Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order 2020
Table of Provisions (16)
Statutory Text (16 Articles)
1. The avoidance of risks.
2. The evaluation of unavoidable risks.
3. The combating of risks at source.
4. 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 the effect of this work on health.
5. The adaptation of the place of work to technical progress.
6. The replacement of dangerous articles, substances or systems of work by safe or less dangerous articles, substances or systems of work.
7. The giving of priority to collective protective measures over individual protective measures.
8. 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.
9. The giving of appropriate training and instructions to employees.
Appendix 3
Some relevant Organisations and Publications
Health and Safety Authority
(website: https://www.hsa.ie/eng/)
Guidelines on Risk Assessment and Safety Statements
Workplace Safety and Health Management
Workplace Relations Commission
(website: www.wrc.ie)
Procedures for Addressing Bullying in the Workplace
Grievance and Disciplinary Procedures
Voluntary Dispute Resolution SI 76 of 2004
Irish Human Rights and Equality Commission (IHRC)
(website: https://www.ihrec.ie/)
Code of Practice on Sexual Harassment and Harassment at Work
Department of Enterprise Trade and and Employment
Bullying in the Workplace, Survey Reports, 2007
(Website: https://enterprise.gov.ie/en/Publications/Bullying-in-the-Workplace-Survey-Reports-2007.html
GIVEN under my hand,
22 December 2020
DAMIEN ENGLISH,
Minister of State at the Department of Enterprise, Trade and Employment.
EXPLANATORY NOTE
(
This note is not part of the Instrument and does not purport to be a legal interpretation.
)
The effect of this Order is to declare that the draft code of practice set out in the Schedule to this Order is a code of practice for the purposes of the
Industrial Relations Act 1990
.
1 https://www.ihrec.ie/
2 Report of the Task Force on the prevention of workplace bullying, 2001. Also used in the 2005 Report of the Expert Advisory Group on Workplace Bullying and in the surveys conducted by the ESRI to determine the incidence of workplace bullying.
10. (1) Without prejudice to the generality of
section 8
and having regard to
sections 25
and
26
, every employer shall, when providing instruction, training and supervision to his or her employees in relation to their safety, health and welfare at work, ensure that
(
a
) instruction, training and supervision is provided in a form, manner and, as appropriate, language that is reasonably likely to be understood by the employee concerned;
(
b
) employees receive, during time off from their work, where appropriate, and without loss of remuneration, adequate safety, health and welfare training, including, in particular, information and instructions relating to the specific task to be performed by the employee and the measures to be taken in an emergency;
(
c
) in relation to any specific task assigned to an employee, that his or her capabilities in relation to safety, health and welfare are taken into account; and
(
d
) in the case of
(i) a class or classes of particularly sensitive employees to whom any of the relevant statutory provisions apply; or
(ii) any employee or group of employees exposed to risks expressly provided for under the relevant statutory provisions, the employees concerned are protected against the dangers that specifically affect them.
(2) Training under this section shall be adapted to take account of new or changed risks to safety, health and welfare at work and shall, as appropriate, be repeated periodically.
(3) Training under this section shall be provided to employees
(
a
) on recruitment;
(
b
) in the event of the transfer of an employee or change of task assigned to an employee;
(
c
) on the introduction of new work equipment, systems of work or changes in existing work equipment or systems of work; and
(
d
) on the introduction of new technology.
(4) Where, in respect of any particular work, competency requirements are prescribed, the employer shall provide for the release of employees, during working hours, where appropriate, and without loss of remuneration, for the purpose of attending training in matters relating to safety, health and welfare at work as regards the particular work.
(5) Every employer shall ensure that persons at work in the place of work concerned who are employees of another employer receive instructions relating to any risks to their safety, health and welfare in that place of work as necessary or appropriate.
(6) Every employer who uses the services of a fixed-term employee or a temporary employee shall ensure that the employee receives the training appropriate to the work which he or she is required to carry out having regard to his or her qualifications and experience.
Section 13: Duties of employee
(1) An employee shall, while at work
(
a
) comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee’s acts or omissions at work;
(
b
) ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person;
(
c
) if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed;
(
d
) co-operate with his or her employer or any other person so far as is necessary to enable his or her employer or the other person to comply with the relevant statutory provisions, as appropriate;
(
e
) not engage in improper conduct or other behaviour that is likely to endanger his or her own safety, health and welfare at work or that of any other person;
(
f
) attend such training and, as appropriate, undergo such assessment as may reasonably be required by his or her employer or as may be prescribed relating to safety, health and welfare at work or relating to the work carried out by the employee;
(
g
) having regard to his or her training and the instructions given by his or her employer, make correct use of any article or substance provided for use by the employee at work or for the protection of his or her safety, health and welfare at work, including protective clothing or equipment;
(
h
) report to his or her employer or to any other appropriate person, as soon as practicable
(i) any work being carried on, or likely to be carried on, in a manner which may endanger the safety, health or welfare at work of the employee or that of any other person;
(ii) any defect in the place of work, the systems of work, any article or substance which might endanger the safety, health or welfare at work of the employee or that of any other person; or
(iii) any contravention of the relevant statutory provisions which may endanger the safety, health and welfare at work of the employee or that of any other person, of which he or she is aware.
(2) An employee shall not, on entering into a contract of employment, misrepresent himself or herself to an employer with regard to the level of training as may be prescribed under
subsection (1)(f).
Section 14: Interference, misuse etc.
14. A person shall not intentionally, recklessly or without reasonable cause
(
a
) interfere with, misuse or damage anything provided under the relevant statutory provisions or otherwise for securing the safety, health and welfare of persons at work; or
(
b
) place at risk the safety, health or welfare of persons in connection with work activities.
Section 19: Hazard identification and risk assessment
19. (1) Every employer shall identify the hazards in the place of work under his or her control, assess the risks presented by those hazards and be in possession of a written assessment (to be known and referred to in this Act as a “risk assessment”) of the risks to the safety, health and welfare at work of his or her employees, including the safety, health and welfare of any single employee or group or groups of employees who may be exposed to any unusual or other risks under the relevant statutory provisions.
(2) For the purposes of carrying out a risk assessment under
subsection (1)
, the employer shall, taking account of the work being carried on at the place of work, have regard to the duties imposed by the relevant statutory provisions.
(3) The risk assessment shall be reviewed by the employer where -
(
a
) there has been a significant change in the matters to which it relates; or
(
b
) there is another reason to believe that it is no longer valid, and, following the review, the employer shall amend the risk assessment as appropriate.
(4) In relation to the most recent risk assessment carried out by an employer, he or she shall take steps to implement any improvement considered necessary relating to the safety, health and welfare at work of employees and to ensure that any such improvement is implemented in respect of all activities and levels of the place of work.
(5) Every person to whom S
ections 12
or
15
applies shall carry out a risk assessment in accordance with this section to the extent that his or her duties under those sections may apply to persons other than his or her employees.
Section 20: Safety statement
20. (1) Every employer shall prepare, or ask to be prepared, a written statement (to be known and referred to in this Act as a “safety statement”), based on the identification of the hazards and the risk assessment carried out under
section 19
, specifying the manner in which the safety, health and welfare at work of his or her employees shall be secured and managed.
(2) Without prejudice to the generality of
subsection (1)
, every employer shall ensure that the safety statement specifies
(
a
) the hazards identified and the risks assessed;
(
b
) the protective and preventive measures taken and the resources provided for protecting safety, health and welfare at the place of work to which the safety statement relates;
(
c
) the plans and procedures to be followed and the measures to be taken in the event of an emergency or serious and imminent danger, in compliance with
sections 8
and
11
;
(
d
) the duties of his or her employees regarding safety, health and welfare at work, including co-operation with the employer and any persons who have responsibility under the relevant statutory provisions in matters relating to safety, health and welfare at work;
(
e
) the names and, where applicable, the job title or position held of each person responsible for performing tasks assigned to him or her pursuant to the safety statement; and
(
f
) the arrangements made regarding the appointment of safety representatives and consultation with, and participation by, employees and safety representatives, in compliance with
sections 25
and
26
, including the names of the safety representative and the members of the safety committee, if appointed.
(3) Every employer shall bring the safety statement, in a form, manner and, as appropriate, language that is reasonably likely to be understood, to the attention of
(
a
) his or her employees, at least annually and, at any other time, following its amendment in accordance with this section;
(
b
) newly-recruited employees upon commencement of employment; and
(
c
) other persons at the place of work who may be exposed to any specific risk to which the safety statement applies.
(2) Where there are specific tasks being performed at the place of work that pose a serious risk to safety, health or welfare, an employer shall bring to the attention of those affected by that risk relevant extracts of the safety statement setting out
(
a
) the risk identified;
(
b
) the risk assessment; and
(
c
) the protective and preventive measures taken in accordance with the relevant statutory provisions in relation to that risk.
(5) Every employer shall, taking into account the risk assessment carried out under
section 19
, review the safety statement where
(
a
) there has been a significant change in the matters to which it refers;
(
b
) there is another reason to believe that the safety statement is no longer valid; or
(
c
) an inspector in the course of an inspection, investigation, examination, inquiry under
section 64
or otherwise directs that the safety statement be amended within 30 days of the giving of that direction; and, following the review, the employer shall amend the safety statement as appropriate to co-operate.
(6) Every employer who is conducting activities, as may be prescribed in accordance with this subsection, who contracts with another employer for that employer to provide services to him or her shall require that that employer is in possession of an up-to-date safety statement as required under this section.
(7) A copy of a safety statement, or relevant extract of it, shall be kept available for inspection at or near every place of work to which it relates while work is being carried out there.
(8) It shall be sufficient compliance with this section by an employer employing three or less employees to observe the terms of a code of practice, if any, relating to safety statements which applies to the class of employment covering the type of work activity carried on by the employer.
(9) Every person to whom
section 12 or 15
applies shall prepare a safety statement in accordance with this section to the extent that his or her duties under those sections may apply to persons other than his or her employees.
Section 60: Codes of practice.
60. (1) For the purpose of providing practical guidance to employers, employees and any other persons to whom this Act applies with respect to safety, health and welfare at work, or the requirements or prohibitions of any of the relevant statutory provisions, the Authority
(
a
) may, and shall if so requested by the Minister, prepare and publish codes of practice; and
(
b
) may approve of a code of practice or any part of a code of practice made or published by any other body.
(2) Before publishing or approving of a code of practice or any part of a code of practice under this section, the Authority
(
a
) shall obtain the consent of the Minister;
(
b
) may publish in such manner as the Authority considers appropriate a draft of the code of practice or sections of a draft code of practice and shall give persons one month from the date of publication of the draft code or sections within which to make written representations to the Authority in relation to the draft code or sections of the draft code, or such further period, not exceeding 28 days, as the Authority in its absolute discretion thinks fit; and
(
c
) following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.
(3) Where the Authority publishes or approves of a code of practice or approves of any part of a code of practice, it shall publish a notice of such publication or approval in
Iris Oifigiúil
and that notice shall
(
a
) identify the code;
(
b
) specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the code is published or approved of; and
(
c
) specify the date on which the code shall come into operation.
(4) The Authority may with the consent of the Minister and following consultation with any other person or body that the Authority considers appropriate or as the Minister directs
(
a
) amend or revoke any code of practice or part of any code of practice prepared and published by it under this section; or
(
b
) withdraw its approval of any code of practice or part of any code of practice approved by it under this section.
(5) Where the Authority amends or revokes, or withdraws its approval of a code of practice or any part of a code of practice published or approved under this section, it shall publish notice of the amendment, revocation or withdrawal, as the case may be, in
Iris Oifigiuil.
(6) The Authority shall make available for public inspection without charge at its principal office during normal working hours
(
a
) a copy of each code of practice published or approved by it; and
(
b
) where a code of practice has been amended, a copy of the code as so amended.
(7) Notwithstanding the repeal of the Act of 1989 by
section 4
, a code of practice in operation immediately before the commencement of that section continues to be a code of practice as if prepared and published under this section.
Section 61: Use of codes of practice in criminal proceedings.
61. (1) Where in proceedings for an offence under this Act relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority under
section 60
at the time of the alleged contravention,
subsection (2)
shall have effect with respect to that code of practice in relation to those proceedings.
(2) (
a
) Where a code of practice referred to in
subsection (1)
appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice shall be admissible in evidence.
(
b
) Where it is proved that any act or omission of the defendant alleged to constitute the contravention
(i) is a failure to observe a code of practice referred to in
subsection (1)
; or
(ii) is a compliance with that code of practice, then such a failure or compliance is admissible in evidence.
(3) A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible as evidence in any proceedings under this Act.
Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005)
SCHEDULE 3
Section 8
General Principles of Prevention
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
5
th January,
2021.
WHEREAS the Workplace Relations Commission and the Health and Safety Authority has prepared, under subsection (1) of
section 42
of the
Industrial Relations Act 1990
(No. 19 of 1990), a draft code of practice around the issue of bullying at work.
AND WHEREAS the Workplace Relations Commission and the Health and Safety Authority has complied with subsection (2) of that section and has submitted the draft code of practice to the Minister for Enterprise, Trade and Employment.
NOW THEREFORE, I, DAMIEN ENGLISH, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by subsection (3) of that section and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (
S.I. No. 18 of 1993
), (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (
S.I. No. 519 of 2020
) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2020 (
S.I. No. 579 of 2020
) hereby make the following order