SAFETY HEALTH AND WELFARE AT WORK ACT 1989

1. SAFETY HEALTH AND WELFARE AT WORK ACT 1989

2. HISTORY • First comprehensive reform of safety and health legislation since the formation of the state. • Follows on the Report of the commission of inquiry on safety, health and welfare at work chaired by Mr. Justice Barrington. (The Barrington report). • Also follows requirements of EU • Single Europe Act which required implementation of the social dimension. • Other framework directives

3. HISTORY CONTINUED • Initial legislation aimed at industry and mines • Based on UK acts • Dealt with: • dangerous machines • Set up a system of inspectorates • working conditions

4. EARLY LEGISLATION I • Boiler Explosions Acts 1882 & 1890 • The factory and workshops act 1901 • Provided for detailed legislation • Factories act 1955 • Consolidated and updated 1901 act • Office Premises Act 1958 • Applies to offices with more than 5 employees

5. EARLY LEGISLATION II • Mines and Quarries Act 1965 • Dangerous Substances Act 1972 & 1979 • Safety in Industry Act 1980 • Produced as a bill in 1978 • Followed UK Health and Safety at Work Act 1974 • This produced following report of Robens committee • Far ranging • There had been no consultation with industry hence hold up • Safety Health and Welfare (Offshore Installations) Act 1987

6. EXISTING LEGISLATION • SHAWAWA includes all existing legislation • All the previous acts • Regulations made under the various acts • EU directives on safety • Other acts concerned with safety • e.g. safety at sea; electricity supply; aircraft navigation

7. SHAWAWA • It is a general act • Gives minister power to make regulations • Sections 6 - 11 cannot be used to support civil claims (see S.60) • Breach of statutory duty (Dunleavy v. Glen Abbey [1992] I.L.R.M. 1) • Established National Authority for Occupational Safety and Health • Retained the inspectorate system

8. RELEVANT SECTIONS

9. PART IIGENERAL DUTIES • S6(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the safety, health and welfare of all his employees. • N.B. Every employer is bound by the act. This is the first time all employers have been bound by an act relating to safety.

10. GENERAL DUTIES - EMPLOYERS LIABILITYSECTION 2 • (a) as regards any place of work under the employer’s control, the design, the provision and the maintenance of it in a condition that is, so far as reasonably practicable, safe and without risk to health • (b) safe means of access and egress • (c) safe machinery • (d) safe systems of work • (e) provision of information and training • (f) provision of suitable clothing or equipment. • (g) emergency plans • (h) safety in the use of any article or substance

11. THIRD PARTY LIABILITY SECTION 7 • General duties of employers and self-employed to persons other than their employees. • (1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their safety or health. • Similarly refers to self-employed • Requires both to give information about safety.

12. EMPLOYEES DUTIES - SECTION 9 • First time employees duties enshrined in statute • An employee shall take reasonable care for his own safety and for that of others. • They will cooperate with the employer and others to comply with statute • Use the protective clothing and safety equipment issued • They will report to an employer or supervisor any defects • Equipment shall not be misused by an employee

13. OTHER DUTIES - SECTION 10/11 • Duties are prescribed for designers, manufacturers, erectors and installers • Sets out duties in respect of safety and health insofar as their tasks are concerned • This includes both machinery and equipment as well as places of work

14. SAFETY STATEMENT - SECTION 12 • This provides that EVERY employer prepare a safety statement • It shall be based on an identification of hazards and assessment of risks • Contents • Set out how safety requirements are being met • Sets out the cooperation required from employees • Includes the names of the persons responsible for tasks assigned to them in the statement • An inspector can reject the statement • Report of companies under companies act will include details of their policy as set out in the safety statement

15. SAFETY STATEMENT • A self employed person shall prepare a safety statement • The terms of the safety statement should be brought to the attention of the employees • May be used in civil cases

16. OTHER SECTIONS • Makes provision for cooperation • Provides for the appointment of safety representatives • Formation of the National authority for safety and health • NAOSH can draw up codes of practice

17. ENFORCEMENT • An enforcing agency may be formed • Inspectors may be appointed by NAOSH or by an enforcing agency • An inspector can enter any place of work • Improvement notices can be issued • Prohibition notices may be served

18. REGULATION (GENERAL APPLICATION) 1993 • Expands on the act • Provides for emergency evacuation procedures • Amplifies the risk assessment requirement by providing that employees shall have a written assessment • Provides for training of employees • Clarifies the meaning of “workplaces”

19. QUESTIONS ???