Safety, Health and Welfare at Word Act,1989

Adopted 19 April1989 (S.I. No. 7 of 1989)

(Excerpts)

AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK, FOR PROTECTING OTHERS AGAINST RISKS TO SAFETY OR HEALTH IN CONNECTION WITH THE ACTIVITIES OF PERSONS AT WORK, FOR THE ESTABLISHMENT OF A NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH, TO PROVIDE FOR THE REPEAL OF CERTAIN ENACTMENTS, TO PROVIDE FOR THE FURTHER REGULATION OF DANGEROUS SUBSTANCES IN SO FAR AS THEY MAY AFFECT PERSONS OR PROPERTY AND FOR MATTERS CONNECTED WITH THE AFORESAID.

Short title and commencement

1.—(1) This Act may be cited as the Safety, Health and Welfare at Work Act, 1989.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act and an order under this subsection may provide for the commencement ofsection 4 (3)upon different days as respects different existing enactments and different provisions of existing enactments.

Interpretation.

2.—(1) In this Act—

"article" includes—

(a) any plant, machinery, apparatus and equipment for use or operation (whether exclusively or not) by persons at work, and

(b) any article designed for use as a component in any such plant, machinery, apparatus or equipment;

"associated statutory provisions" means the provisions of the enactments specified in thethird columnof theThird Scheduletogether with the instruments made under them for the time being in force;

"the Authority" means the National Authority for Occupational Safety and Health established bysection 15;

"code of practice" includes a standard, a specification, and any other written or illustrated form of practical guidance, instruction or control, issued or approved of in accordance withsection 30;

"contract of employment" means a contract of employment or service or of apprenticeship, whether it is expressed or implied and (if it is express) whether it is oral or in writing;

"employee" means a person who has entered into or works (or in the case of a contract which has been terminated, worked) under a contract of employment with an employer;

"employer" in relation to an employee, means the person by whom the employee is employed under a contract of employment; for the purpose of this definition a person holding office under or in the service of the State or of the Government shall be deemed to be employed by the State or the Government (as the case may be) and an officer or servant of a local authority or of a harbour authority, health board or vocational education committee shall be deemed to be employed by the local authority, harbour authority, health board or vocational education committee (as the case may be);

"enforcing agency" means a body prescribed to be an enforcing agency undersection 32;

"establishment day" means the day appointed by the Minister undersection 14to be the establishment day;

"existing enactments" means the enactments specified inPart Iof theSecond Schedule, and any instruments under them, for the time being in force; and the regulations under the European Communities Act, 1972, for the time being in force specified inPart IIof the saidSecond Schedule;

"functions" includes powers and duties;

"improvement notice" means a notice undersection 36;

"improvement plan" means a plan undersection 35;

"inspector" means an inspector authorised undersection 33;

"local authority" includes—

(a) the council of a county,

(b) the corporation of a county borough, or

and such local authority shall exercise its functions under this Act within its functional area;

"micro-organism" includes any microscopic biological entity which is capable of replication;

"the Minister" means the Minister for Labour;

"occupational medical adviser" means a person designated undersection 34 (4)to be an occupational medical adviser;

"personal injury" includes any disease and any impairment of a person's physical or mental condition;

"place of work" includes any place, land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise and in particular includes—

(a) a premises,

(b) an installation on land and any offshore installation (including any offshore installation to which the Safety, Health and Welfare (Offshore Installations) Act, 1987, applies),

(d) a vehicle, vessel or aircraft;

"prescribed" means prescribed by regulations made under this Act by the Minister except insections 36(3), 37 (6) (a)and42 (4) (a)where it means prescribed by regulations made under this Act by the Minister for Justice in consultation with the Minister;

"prohibition notice" means a notice undersection 37;

"recognised trade unions and staff associations" means trade unions and staff associations recognised by the Authority for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of employees;

"relevant statutory provisions" means existing enactments and the provisions of this Act and any instrument made under it for the time being in force;

"safety representative" means a safety representative appointed undersection 13;

"safety statement" has the meaning assigned to it bysection 12;

"self-employed person" means a person who works for profit or gain otherwise than under a contract of employment, whether or not he himself employs other persons;

"substance" includes any natural or artificial substance, preparation or agent in solid or liquid form or as a gas or vapour or as a micro organism;

"use" in so far as any article is concerned includes the manufacture, supply, operation, setting, repair, cleaning and maintenance of such articles; and in so far as any substance is concerned, includes any manufacture, process, operation, storage, treatment, mixing, packing, conveyance, supply, handling, filling or emptying, loading and unloading of such substance.

( 2 ) (a) In this Act a reference to a section or a Schedule is to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended;

(b) in this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended; and

(c) a reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

(3) References to an inspector insections 35, 36and37shall, in any case in which the enforcing agency is a local authority, be construed as a reference to that local authority.

Service of notices, etc.

3.—(1) Any document (including any summons, notice or order) required or authorised to be served, sent or given under the relevant statutory provisions on or to any person may be served or sent in some one of the following ways—

(a) where it is addressed to him by name, by delivering it to such person, or in the case of a partnership by delivery to any of the partners;

(b) by leaving it at the address at which he ordinarily resides;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, or in a case in which an address for service has been furnished, at that address;

(d) where the address at which such person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any place of work, by delivering it to a person over the age of sixteen years of age resident in or employed at a place of work or by affixing it in a conspicuous position on or near the place of work.

(2) Any document (including any summons, notice or order) required or authorised to be served or sent under the relevant statutory provisions may be served on or sent to a body, whether corporate or unincorporated—

(a) by leaving it at, or sending it by post in a prepaid registered letter to, the registered office (if any) of the body;

(b) by leaving it at, or sending it by post in a prepaid registered letter to, any place at which the body conducts business; or

(c) by sending it by post in a prepaid registered letter to any person who is a director, manager, secretary or other officer of the body or is purporting to act in any such capacity at the place where he ordinarily resides or by leaving it at that place.

General duties of employers to their employees.

6.—(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his employees.

(2) Without prejudice to the generality of an employer's duty undersubsection (1), the matters to which that duty extends include in particular—

(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 is reasonably practicable, safe and without risk to health;

(b) so far as is reasonably practicable, as regards any place of work under the employer's control, the design, the provision and the maintenance of safe means of access to and egress from it;

(c) the design, the provision and the maintenance of plant and machinery that are, so far as is reasonably practicable, safe and without risk to health;

(d) the provision of systems of work that are planned, organised, performed and maintained so as to be, so far as is reasonably practicable, safe and without risk to health;

(e) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees;

(f) in circumstances in which it is not reasonably practicable for an employer to control or eliminate hazards in a place of work under his control, or in such circumstances as may be prescribed, the provision and maintenance of such suitable protective clothing or equipment, as appropriate, that are necessary to ensure the safety and health at work of his employees;

(g) the preparation and revision as necessary of adequate plans to be followed in emergencies;

(h) to ensure, so far as is reasonably practicable, safety and the prevention of risk to health at work in connection with the use of any article or substance;

(i) the provision and the maintenance of facilities and arrangements for the welfare of his employees at work; and

(j) the obtaining, where necessary, of the services of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety and health at work of his employees.

(3) For the purposes of this section, a person who is undergoing training for employment or receiving work experience, other than when pursuing a course of study in a university, school or college, shall be deemed to be an employee of the person whose undertaking (whether carried on by him for profit or not) is for the time being the immediate provider to that person of training or work experience, and employee, employer and cognate words and expressions shall be construed accordingly.

General duties of employers and self-employed to persons other than their employees.

7.—(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their safety or health.

(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not exposed to risks to their safety or health.

(3) In such cases as may be prescribed, it shall be the duty of every employer and self-employed person, in the prescribed circumstances, and in the prescribed manner to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way he conducts his undertaking as might affect their safety or health.

General duties of persons concerned with places of work to persons other than their employees.

8.—(1) This section has effect for imposing on persons duties in relation to those who are not their employees but who are either the employees of another person or are self-employed and who for the purposes of carrying out work use a non-domestic place of work made available to them or in which they may for the purposes of carrying out work use any article or substance provided for their use there, and it applies to places of work so made available and other non domestic places of work used in connection with them.

(2) It shall be the duty of each person who has control, to any extent, of any place of work or any part of any place of work to which this section applies or of the means of access thereto or egress therefrom or of any article or substance in such place of work to take such measures as is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the place of work, all means of access thereto, or egress therefrom available for use by persons using the place of work, and any article or substance in the place of work or, as the case may be, provided for use therein, is or are safe and without risks to health.

(3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent as to—

(a) the maintenance or repair of any place of work to which this section applies or any means of access thereto or egress therefrom; or

(b) the safety of or the absence of risk to health arising from any article or substance in any such place of work;

that person shall be treated, for the purposes ofsubsection (2), as being a person who has control of the matters to which his obligation extends.

(4) Any reference in this section to a person having control of any place of work or matter is a reference to a person having control of the place of work or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

General duties of employees.

9.—(1) It shall be the duty of every employee while at work—

(a) to take reasonable care for his own safety, health and welfare and that of any other person who may be affected by his acts or omissions while at work;

(b) to co-operate with his employer and any other person to such extent as will enable his employer or the other person to comply with any of the relevant statutory provisions;

(c) to use in such manner so as to provide the protection intended, any suitable appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his use alone or for use by him in common with others) for securing his safety, health or welfare while at work; and

(d) to report to his employer or his immediate supervisor, without unreasonable delay, any defects in plant, equipment, place of work or system of work, which might endanger safety, health or welfare, of which he becomes aware.

(2) No person shall intentionally or recklessly interfere with or misuse any appliance, protective clothing, convenience, equipment or other means or thing provided in pursuance of any of the relevant statutory provisions or otherwise, for securing the safety, health or welfare of persons arising out of work activities.

General duties of persons who design or construct places of work.

11.—(1) It shall be the duty of any person who designs places of work to design them so that they are, so far as is reasonably practicable, safe and without risk to health.

(2) It shall be the duty of any person who constructs places of work to construct them so that they are, so far as is reasonably practicable, safe and without risk to health.

Safety statement.

12.—(1) Every employer shall, as soon as may be, after the coming into operation of this section prepare or cause to be prepared, a statement in writing to be known and hereinafter referred to as a "safety statement".

(2) The safety statement shall specify the manner in which the safety, health and welfare of persons employed by an employer shall be secured at work.

(3) The safety statement shall be based on an identification of the hazards and an assessment of the risks to safety and health at the place of work to which the safety statement relates.

(4) Without prejudice to the generality ofsubsection (2), the safety statement shall specify—

(a) the arrangements made and resources provided, for safeguarding the safety, health and welfare of persons employed at a place of work to which the safety statement relates;

(b) the co-operation required from employees as regards safety, health and welfare; and

(c) the names, including the names of authorised deputies and job titles where applicable, of the persons responsible for the performance of tasks assigned to them by the said statement.

(5) Where a safety statement is prepared or revised pursuant to this section and an inspector is satisfied that the statement is inadequate in a material respect he may direct that the statement be revised and the employer shall comply with the direction within thirty days of the direction being given by the inspector.

(6) The report of the directors of a company under section 158 of the Companies Act, 1963, shall contain, in addition to the information specified in that section, an evaluation of the extent to which the policy set out in a safety statement was fulfilled during the period of time covered by the said report.

(7) It shall be the duty of a self-employed person to prepare a safety statement, in so far as is practicable in accordance with this section, so as to ensure his safety, health and welfare at work and that of other persons at the place of work.

(8) It shall be the duty of an employer or a self-employed person to bring the terms of a safety statement to the attention of persons employed by him and to other persons at the place of work who may be affected by the safety statement.

Consultation at place of work and safety representatives.

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

(a) to consult his employees for the purpose of the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure their safety, health and welfare at work and in ascertaining the effectiveness of such measures;

(b) as far as is reasonably practicable, to take account of any representations made by his employees.

(2) Employees shall have the right to make representations to and consult their employer on matters of safety, health and welfare in their place of work.

(3) Without prejudice to the generality ofsubsections (1)and(2), employees may, from time to time, select and appoint from amongst their number at their place of work a representative (in this Act referred to as "the safety representative") to represent them in consultations pursuant to this section with their employer.

(4) A safety representative shall have the right to such information from his employer as is necessary to ensure, so far as is reasonably practicable, the safety and health of employees at the place of work.

(5) It shall be the duty of every employer to take such steps as are practicable to inform a safety representative when an inspector enters a place of work for the purpose of making a tour of inspection.

(6) A safety representative may—

(a) make representations to an employer on any aspects of safety, health and welfare at the place of work;

(b) investigate accidents and dangerous occurrences provided that he shall not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any of the relevant statutory provisions;

(d) receive advice and information from inspectors on matters of safety, health and welfare at work;

(e) subject to prior notice to the employer and to agreement between the safety representative and the employer as to frequency, carry out inspections and in reaching such agreement, which shall not be unreasonably withheld by the employer, the parties shall consider the nature and extent of the hazards in the place of work in determining the frequency of inspections to be carried out by the safety representative at the place of work concerned;

(f) subject to prior notice to the employer, in circumstances in which it is reasonable to assume that risk of personal injury exists, to investigate potential hazards and complaints made by any employee whom he represents relating to that employee's safety, health and welfare at the place of work; and

(g) on a request being made in that behalf by him, accompany an inspector on any tour of inspection other than a tour of inspection made by the inspector for the purpose of investigating an accident.

(7) An employer shall consider and, if necessary, act upon any representations made to him by a safety representative on any matter affecting the safety, health and welfare at work of any employee whom he represents.

( 8 ) (a) For the purpose of acquiring the knowledge necessary for the discharge of their functions undersubsection (1) (a)of this section and to enable them to discharge those functions, an employer shall afford employees who may be involved in arrangements undersubsection (1) (a)or undersubsection (2)such time off from their duties as may be reasonable having regard to all the circumstances without loss of remuneration;

(b) an employer shall afford a safety representative such time off from his duties as may be reasonable having regard to all the circumstances without loss of remuneration, to enable him to—

(i) acquire the knowledge necessary to discharge his functions as a safety representative, and

(ii) discharge his functions as a safety representative.

(9) Arising from the discharge of his functions under this section, a safety representative shall not be placed at any disadvantage in relation to his employment.

(10) Notwithstanding the generality ofsubsections (1)to(9), the Minister may prescribe such further requirements, arrangements, modifications or exemptions as he considers necessary, from time to time, in relation to the operation of this section.

Establishment day.

14.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Establishment of the Authority.

15.—(1) On the establishment day there shall stand established a body to be known in the Irish language asAn tÚdarás Náisiúnta um Shábháilteacht agus Sláinte Ceirdeand in the English language as the National Authority for Occupational Safety and Health (which body is referred to in this Act as "the Authority") to perform the functions assigned to it by this Act.

(2) The provisions of theFirst Scheduleto this Act shall have effect with respect to the Authority.

Functions of the Authority.

16.—(1) The principal functions of the Authority shall be—

(a) subject to the provisions ofsubsection (3)and ofsection 32, to make adequate arrangements for the enforcement of the relevant statutory provisions;

(b) to promote, encourage and foster the prevention of accidents and injury to health at work in accordance with the provisions of this Act;

(c) to encourage and foster activities and measures which are directed towards the promotion of safety, health and welfare of persons at work;

(d) to make such arrangements as it considers appropriate for providing information and advice on matters related to safety, health and welfare at work; and

(e) to make such arrangements as it considers appropriate to undertake, to promote, to sponsor, to evaluate and to publish the results of research, surveys and studies relating to hazards and risks to the safety and health of persons at work or arising from work activities.

(2) Without prejudice to the generality ofsubsection (1), the Authority may in its enforcement, advisory, promotional and other functions have regard to—

(a) any matters affecting the safety and health of employees and the self-employed; and

(b) the safety or health of other persons who may be affected by risks arising from work activities in so far as is reasonably practicable including the development of land for, or in the area of, a development which will involve the production, processing, treatment, use or storage of a dangerous substance.

(3) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may—

(a) make agreements with any Minister of the Government, or other person for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions; or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) such functions as may appropriately be performed by it in connection with its functions under this Act.

(4) The Authority shall—

(a) submit in writing to the Minister, when requested to do so by him, details of how it proposes to discharge its functions under this Act;

(b) carry out its functions in accordance with such proposals as referred to inparagraph (a)as may be approved of by the Minister;

(c) give effect to any directions in writing whether general or particular relating to its functions under this Act, given to it by the Minister; and

(d) supply to the Minister any information relating to its functions as he may from time to time require.

Regulations.

28.—(1) The Minister may make regulations for or in relation to any of the matters set out in theFourth Scheduleto this Act and any other matter necessary to give effect to this Act.

(2) Regulations made under this Act may apply to all work activities or to particular work activities and may relate to one or more chemical, physical or biological agents.

(3) Before the Minister makes any regulations in exercise of any power conferred on him by this Act (other than as a result of a proposal made by the Authority undersection 27) he shall consult the Authority.

(4) Where the Minister proposes to make regulations so as to give effect with modifications to any proposal made by the Authority undersection 27, he shall before making the regulations consult the Authority.

(5) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(6) The Minister may, by regulations made under this section, exempt from all or any of the provisions of the relevant statutory provisions any specified class of activity or any specified class of person or place of work on such conditions as may be prescribed, where he is satisfied that the application of such provisions is unnecessary or impracticable.

Miscellaneous adaptations.

29.—(1) References to the Minister (other than in respect of making rules, regulations, bye-laws, orders, exemptions or exceptions) contained immediately before the establishment day in any existing enactment shall, insofar as they relate to functions exercisable by the Authority under this Act, be construed as references to the Authority.

(2) Where immediately before the establishment day any legal proceedings are pending to which the Minister is a party and the proceedings have reference to a function exercisable by the Authority, the name of the Authority shall be substituted in the proceedings for that of the Minister and the proceedings shall not abate by reason of such substitution.

(3) Anything commenced before the establishment day by or under the authority of the Minister may, so far as it relates to functions exercisable by the Authority, be carried on and completed on or after such establishment day by the Authority.

(4) Every instrument made or issued under an existing enactment which was in force immediately before the repeal of that enactment bysection 4shall continue in force as if made or issued under this Act.

Codes of practice.

30.—(1) The Authority may draw up and issue codes of practice.

(2) The Authority may, as it thinks fit, approve of any code of practice or any part of any code of practice drawn up by any other body.

(3) Codes of practice issued or approved of under this section shall be for the purpose of providing practical guidance with respect to the requirements or prohibitions of any of the relevant statutory provisions.

(4) The Authority shall obtain the consent of the Minister before issuing or approving of a code of practice.

(5) The Authority shall, before seeking the consent of the Minister for the issue or approval of a code of practice, consult any Minister of the Government or other person or body that appears to the Authority to be appropriate or where the Minister so directs.

(6) Where the Authority issues or approves of a code of practice it shall publish a statement in theIris Oifigiúilof its issue or approval of that code, identifying the code in question, specifying for which provisions of the relevant statutory provisions the code is issued or approved and the date from which the said code shall have effect.

(7) The Authority may, with the consent of the Minister and following consultation with any other Minister of the Government or any other person or body that appears to the Authority to be appropriate—

(a) revise the whole or part of any code of practice prepared by it,

(b) withdraw its approval for any code of practice or part of any code of practice.

(8) Where the Authority revises, withdraws or ceases to approve of a code of practice it shall publish notice to that effect in theIris Oifigiúil.

Use of codes of practice in criminal proceedings.

31.—(1) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any civil or criminal proceedings; but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any requirement or prohibition imposed by or under any of the relevant statutory provisions being a provision for which there was a code of practice at the time of the alleged contravention,subsection (2)shall have effect with respect to that code in relation to those proceedings.

(2) Any provision of the code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the code, or if it is proved that any act or omission of the defendant is a compliance with such provision of the code, then such failure or compliance shall be admissible in evidence.

Authorisation of inspectors.

33.—(1) The Authority or an enforcing agency may authorise persons to be inspectors for the purposes of the enforcement of the relevant statutory provisions within its area of responsibility in accordance withsection 16or32, as the case may be, and may revoke such authorisations.

(2) An inspector shall be furnished with a certificate of authorisation and shall, if so required, when exercising or seeking to exercise any power conferred on him by any of the relevant statutory provisions, produce his certificate of authorisation or a copy of it duly authenticated by the Authority or the enforcing agency and a form of personal identification.

Powers of inspectors.

34.—(1) An inspector shall have power—

(a) to enter, inspect, examine and search at all times, any place which he has reasonable cause to believe is used as a place of work;

(b) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(c) to take with him any other person authorised by the Authority or the relevant enforcing agency or equipment or materials required for any purpose for which the power of entry is being exercised;

(d) where he has reasonable cause to believe that at or in any place of work an offence under this Act has been or is being committed, to use reasonable force where necessary in order to enter the place of work, provided he is so authorised by a warrant of a Justice of the District Court (which such Justice is hereby authorised to issue upon reasonable grounds being given on oath);

(e) to make such examination and inquiry as may be necessary to ascertain whether the relevant statutory provisions are being complied with;

(f) to require the production of any books, registers, records (whether kept in manual form or otherwise), certificates, notices, documents, maps and plans, required to be kept pursuant to any of the relevant statutory provisions, or any other documents which it is necessary for him to see for the purposes of any examination or inquiry under this Act and to inspect, examine and copy them or require that a copy of them or of any entry therein be provided to him;

(g) to require any person whom he has reasonable cause to believe to be able to give information relevant to any examination or inquiry under this Act, to answer either alone or in the presence of any other person, as he thinks fit, such questions with respect to matters under this Act as he thinks fit to ask and sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself;

(h) to direct that any place of work or part thereof and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of any examination or inquiry under this Act;

(i) as regards any article or substance he finds at or in a place of work, require the employer or any person he finds at the place of work or any person who appears to him to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof;

(j) to cause any article or substance found at or in any place of work which appears to him to have caused or to be likely to cause danger to safety or health, to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of this Act) and where an inspector proposes to exercise the power conferred by this subsection in the case of an article or substance found at or in any place of work, he shall, if so requested by a person who at the time is present at or in and has responsibilities in relation to that place of work, cause anything which is to be done by virtue of that power to be done in the presence of that person;

(k) in relation to any article or substance found at a place of work in accordance withparagraph (j)to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) to examine or arrange for the examination of it and do to it anything which he has power to do underparagraph (j);

(ii) to ensure that it is not tampered with before the examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings;

(l) to take samples of the atmosphere in any place of work;

(m) to take any measurements or photographs or make any tape, electrical or other recordings which he considers necessary for the purposes of any inspection, examination or inquiry made by him under this Act;

(n) to require any person to afford him such facilities and assistance within his control or responsibilities as are reasonably necessary to enable him to exercise any of the powers conferred on him under this Act; and

(o) to exercise such other powers as may be necessary for carrying out his functions.

(2) Before exercising the power conferred bysubsection (1) (j)in the case of any article or substance, an inspector shall, in so far as it is reasonably practicable to do so, consult such persons as appear to him to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(3) Where under the power conferred bysubsection (1) (k)an inspector takes possession of any article or substance found at or in any place of work, he shall if it is practicable for him to do so, take a sample thereof and give to a responsible person at the place of work a portion of the sample marked in a manner sufficient to identify it.

( 4 ) (a) The Authority may designate in writing any inspector who is a registered medical practitioner as an occupational medical adviser.

(b) It shall be the duty of an occupational medical adviser, on behalf of the Authority, to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority by a registered medical practitioner.

(i) invite any person who, in his opinion, either has been or may be exposed in the course of his work to any risk of bodily injury or other danger to his health; and

(ii) for the purpose of comparing with that of other persons the state of health of persons employed in different places of work or specified places of work or in different places in the same place of work, invite any person

to provide biological samples or to be examined medically, or both, at such place as he shall designate, either by him or on his behalf or by or on behalf of such other registered medical practitioner as he shall specify.

Improvement directions and plans.

35.—(1) This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If, as regards any activities to which this section applies, an inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, such activities involve, or are likely to involve a risk to the safety or health of persons, the inspector may serve a direction in writing on that person requesting the submission to him, within a time specified in the direction, for his approval, of an improvement plan specifying the remedial action proposed to be taken to rectify the matters set down in the direction.

(3) Where an improvement plan is submitted in accordance withsubsection (2)and an inspector is not satisfied that the plan is adequate he may direct that the plan be revised and resubmitted to him within a time specified in the direction.

Improvement notice.

36.—(1) If an inspector is of the opinion that a person is contravening or has contravened any of the relevant statutory provisions, or has failed on a direction being made to him undersection 35in that behalf to submit or implement an appropriate improvement plan, the inspector may serve on that person a notice in writing signed by him (in this Act referred to as an "improvement notice") stating that he is of that opinion and the improvement notice shall—

(a) specify the provision or provisions as to which he is of that opinion;

(b) give particulars of the reasons why he is of that opinion;

(d) direct that person to remedy the alleged contraventions by a date specified in the notice, which should not be earlier than the period within which an appeal can be brought undersubsection (3).

(2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice.

(3) A person who is aggrieved by an improvement notice may, within the period of fourteen days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the Justice may—

(a) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or

(b) cancel the notice.

(4) A person who appeals against an improvement notice shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal and the grounds for appeal and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(5) Where an appeal against an improvement notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect whichever is the later.

(6) Where no appeal is taken against an improvement notice, the notice shall take effect, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(7) An inspector may withdraw an improvement notice at any time before the date specified in it undersubsection (1) (d)and he may extend or further extend that date at any time when an appeal against the notice is not pending.

Prohibition notice.

37.—(1) This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If, as regards any activities to which this section applies, an inspector is of the opinion that, as carried on or are likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, are likely to involve, a risk of serious personal injury to persons at any place of work, the inspector may serve on that person a notice signed by him (in this Act referred to as "a prohibition notice").

(3) A prohibition notice shall—

(a) state that the inspector is of the said opinion;

(b) specify the matters which in his opinion give or, as the case may be, are likely to give rise to the said risk;

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

(d) direct that the activities to which the notice relates shall be carried on neither by or under the control of the person on whom the notice is served nor by or under the control of any other person unless the matters specified in the notice in pursuance ofparagraph (b)and any associated contravention of provisions so specified in pursuance ofparagraph (c)have been remedied.

(4) A prohibition notice shall take effect—

(a) if the notice so declares immediately the notice is received by the person on whom it is served;

(b) in any other case—

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later; or

(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance withsubsection (4) (a)shall not have the effect of suspending the operation of the notice; provided, however, that the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

( 6 ) (a) A person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the said Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstandingsubsection (4)the District Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate.

(7) A person who appeals against a prohibition notice or who applies for a direction suspending the application of the notice undersubsection (5)shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal or the application and the grounds for the appeal or the application and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(8) An inspector may revoke a prohibition notice.

( 9 ) (a) Where a prohibition notice has been served and activities are carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

Order of High Court as to use of place of work.

39.—(1) Where the Authority or an enforcing agency considers that the risk to the safety and health of persons is so serious that the use of a place of work or part thereof should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or an enforcing agency may apply,ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part thereof accordingly.

(2) The Court may make such interim or interlocutory order as it considers appropriate.

(3) Any such order shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the place of work or part thereof.

(4) On any application for the revocation or variation of an order undersubsection (1), the Authority or an enforcing agency, as appropriate, shall be entitled to be heard.

Indemnification of inspectors, etc.

40.—Where the Authority or an enforcing agency is satisfied that an inspector authorised by it, or any other member of the staff of the Authority, has discharged his duties in relation to the enforcement of the relevant statutory provisions in abona fidemanner, it shall indemnify the inspector, or such member of the staff of the Authority, against all actions or claims howsoever arising in respect of the discharge by him of his duties.

Inquiry into enforcing agency.

41.—(1) If the Authority alleges that any enforcing agency has failed to fulfil any of its functions under any of the relevant statutory provisions, the Authority may, with the consent of the Minister (which said consent shall be given only after consultation with the Minister of the Government who has responsibility for an enforcing agency which allegedly has failed to perform its functions) direct that an investigation be held into the alleged failure to act.

(2) The Authority shall appoint a competent person or persons to hold the investigation and to prepare and submit to it a report stating conclusions on the alleged failure of the enforcing agency to perform its functions.

(3) The Authority may, with the consent of the Minister, cause the whole or any part of a report made by virtue ofsubsection (2)

(a) to be made available to the enforcing agency in question,

(b) to be made public at such time and in such manner as it considers appropriate.

(4) It shall be the duty of an enforcing agency to co-operate with a person carrying out an inquiry under this section.

Obtaining of information by the Authority.

42.—(1) The Authority may, for the purpose of obtaining information which the Authority or an enforcing agency requires for the discharge of its functions, by a notice in writing (in this section referred to as "a notice requiring information") served on any person, require such person to furnish to the Authority within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.

(2) The Authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the protection of the safety, health or welfare of persons under any of the relevant statutory provisions.

(3) A person shall provide the information requested in a notice requiring information—

(a) where no appeal is taken against the notice—

(i) on the expiration of the period during which such an appeal may be taken; or

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

(iii) on such subsequent day as the Authority may agree to in writing,

whichever is the later;

(b) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—

(i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn; or

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

(iii) in case the operation of the notice has been suspended in accordance withsubsection (4) (b), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that subsection,

whichever is the later.

( 4 ) (a) Where a person is aggrieved by a notice requiring information served on him, he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Justice of the District Court in the District Court District in which the notice is served in the prescribed manner against the notice and, in determining the appeal, the Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice;

(b) where on the hearing of an appeal under this subsection a notice requiring information is confirmed, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate;

(c) the Justice determining an appeal under this subsection may make such order as to the payment of costs in respect of the appeal as he considers appropriate.

(5) Where any opinion of the Authority to whichsubsection (2)relates purports to be contained in any document which—

(a) purports to have been made by or at the direction of the Authority; and

(b) is produced in evidence by an officer of the Authority in any proceedings, such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

Access to information.

44.—The Minister for Health and the Minister for Social Welfare may give to the Authority such information in relation to personal injury to persons at work as may be necessary for ensuring the safety, health or welfare of persons at work.

Restrictions on the disclosure of information.

45.—(1) In this section—

"relevant information" means information obtained by a person or furnished to any person pursuant tosection 42orsection 43or pursuant to a requirement imposed by any of the relevant statutory provisions;

"relevant consent" means, in the case of information furnished in pursuance of a requirement imposed bysection 34, the consent of the person who furnished it, and, in any other case, the consent of a person having control of the activity or the place of work where the information was obtained;

"the recipient", in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject tosubsection (3), no relevant information shall be disclosed without the relevant consent.

(3)Subsection (2)shall not apply to—

(a) disclosure of information to the Authority, an enforcing agency or a Minister of the Government;

(b) without prejudice toparagraph (a), disclosure by the recipient of information to any person for the purposes of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c) without prejudice toparagraph (a), disclosure by the recipient of information to an officer of a public body who is authorised by that body to receive it;

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case; or

(e) disclosure of information for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of this Act or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of this Act.

(4) insubsection (3), any reference to the Authority, enforcing agency or a Minister of the Government includes respectively a reference to an officer of those bodies and also, in the case of a reference to the Authority, includes a reference to—

(a) a person performing any function of the Authority;

(b) an officer of a body which is so performing any such functions.

(5) A person to whom information is disclosed pursuant tosubsection (3)shall not use the information for a purpose other than—

(a) in a case failing withinparagraph (a)of that subsection, a purpose of the Authority, enforcing agency or a Minister of the Government in connection with the relevant statutory provisions; or

(b) in the case of information given to an officer of a public body the purpose of such body in connection with their duties under the relevant statutory provisions or other statutory provisions relating to the protection of public safety, health or the environment.

(6) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by the provisions of section 34, 46 or 47 (including, in particular, any information with respect to any trade secret obtained by him in any place of work entered by him by virtue of any such power) except—

(a) for the purpose of his statutory functions; or

(b) for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions ofsection 47or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions ofsection 46; or

(7) Notwithstanding the provisions ofsubsection (6)an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any place of work adequately informed about matters affecting their safety, health or welfare, give to such persons or their representatives the following information, that is to say—

(a) factual information obtained by him as mentioned insubsection (6)which relates to that place of work or anything which was or is therein or was or is being done therein provided that such information does not reveal any trade secrets; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with that place of work in the performance of his functions;

and, where an inspector does as aforesaid he shall give the like information to the employer of the first-mentioned persons.

(8) Where for the purpose of evaluating information obtained undersection 42the Authority discloses that information to some other person, that other person shall not use that information for any purpose except for a purpose of the Authority and, before disclosing that information, the Authority shall inform that other person of his obligations under this section.

Investigations and special reports.

46.—(1) (a) The Authority may at any time direct any of its staff or any other competent person as it considers appropriate to investigate the circumstances surrounding any accident, disease, occurrence, situation or any other matter related to the general purposes of this Act and make a report to it, to be known and in this section referred to as "a special report", on such matter.

(b) A person who is not an inspector undertaking an investigation under this section shall, for the purposes of such investigation, have all the powers of an inspector under this Act.

(2) In the case of an investigation and special report made undersubsection (1), (otherwise than by a member of the staff of the Authority) the Authority may pay to the person making it such fees and expenses as the Minister may, with the approval of the Minister for Finance, determine.

(3) The Authority may, to such extent as the Minister may determine, defray the costs, other than those incurred undersubsection (2), if any, incurred in the preparation of a special report.

(4) The Authority may cause a special report, or part of such special report, to be made public within a reasonable time and in such manner as it thinks fit.

(5) In the case of an air or rail accident or an accident at sea the Authority shall not conduct an investigation into such accidents save with the consent of the Minister given with the concurrence of any other Minister of the Government he considers appropriate.

Power to direct an inquiry.

47.—(1) The Authority may, where it considers it necessary to do so and with the consent of the Minister, direct an inquiry to be held into any accident, disease, occurrence, situation or any other matter related to the general purposes of this Act.

(2) The following provisions shall have effect in relation to an inquiry under this section—

(a) the Authority shall appoint a competent person to hold the inquiry, and may appoint any person possessing legal or special knowledge to act as assessor to assist in the inquiry;

(b) the person or persons appointed (hereinafter referred to as "the tribunal") shall hold the inquiry in such manner and under such conditions as the tribunal may think appropriate for enabling it to conduct the inquiry, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the inquiry all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and in addition, power—

(i) to enter and inspect any place or building, the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(iii) to require the production in legible form of all records, whether kept in manual form or otherwise, books, papers and documents which it considers necessary for the said purposes;

(iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

(3) Persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

(4) The tribunal shall make a report to the Authority stating the causes and circumstances of the subject of the inquiry and adding any observations which the tribunal thinks right to make.

(5) The Authority may cause the report of a tribunal made under this section to be made public at such time and in such manner as it thinks fit.

(6) In the case of an inquiry and report under this section, the Authority may pay to the person or persons undertaking it such fees and expenses as the Minister may, with the consent of the Minister for Finance, determine.

(7) The Authority may, to such extent as the Minister may determine, defray the other costs, if any, of such inquiry and report.

(8) The tribunal may require the fees and expenses incurred in and about an inquiry under this section (including the fees of any persons appointed to act as assessors) to be paid in whole or in part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry but any such expenses not required to be paid shall be deemed to be part of the expenses of the Authority in the administration of this Act.

(9) The Authority shall give notice of intention to conduct an inquiry under this section by a notice published in theIris Oifigiúiland at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.

(10) The Authority shall not have power to direct an inquiry into an air or rail accident or an accident at sea save with the consent of the Minister given with the concurrence of any other Minister of the Government he considers appropriate.

Offences.

48.—(1) It shall be an offence for a person—

(a) to fail to discharge a duty to which he is subject by virtueof sections 6 to 8, 9 (1), 10, 11, 12(5) to (8), 13 (1)and(5), or

(b) to contravenesections 9 (2), 12 (1)to(4), or

(2) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an inspector from exercising any functions conferred on him by this Act and it shall be an offence for a person wilfully to fail to comply with abona fiderequest or instruction from an inspector in the exercise of his statutory functions.

(3) It shall be an offence for a person to prevent or attempt to prevent any person from answering any question to which an inspector may by virtue ofsection 34require an answer.

(4) It shall be an offence to fail to submit an improvement plan to an inspector within the time specified in a direction undersection 35or to fail to implement an improvement plan which has been approved in accordance with the saidsection 35but it shall be a good defence to a prosecution under the saidsection 35if it can be shown that other measures providing at least equal protection were taken.

(5) It shall be an offence for a person to contravene any requirement of an improvement notice issued in accordance withsection 36.

(6) It shall be an offence for a person to carry on activities in contravention of a prohibition notice issued in accordance withsection 37.

(7) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an officer of customs and excise in the exercise of any of the powers conferred on him bysection 38.

(8) It shall be an offence for a person to contravene any requirement imposed by a notice requiring information undersection 42.

(9) It shall be an offence for a person to use or to disclose any information in contravention ofsection 45.

(10) It shall be an offence for a person intentionally to obstruct any person in the exercise of his powers undersection 46.

(11) If a person who without reasonable excuse (proof whereof shall lie on him) either fails, after having the expenses (if any) to which he is entitled tendered to him, or refuses to comply with any summons or requisition of a tribunal appointed undersection 47or otherwise prevents or impedes the tribunal in the execution of its duty, he shall be guilty of an offence.

(12) It shall be an offence for a person to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—

(a) in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

(b) for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person.

(13) It shall be an offence for a person to make a false entry intentionally in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false.

(14) It shall be an offence for a person, with intent to deceive, to forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive.

(15) It shall be an offence for a person falsely to pretend to be an inspector.

(16) Where a person is convicted of an offence under any of the relevant statutory provisions the court may, in addition to or instead of inflicting a fine, order him to take steps within a specified time for remedying the matters in respect of which the contravention occurred (and may on application extend the time so specified) and any person who fails to comply with any such order within the specified time (as extended) shall be guilty of an offence.

(17) If a person is killed, dies or suffers any personal injury, in consequence of any person who is subject to a duty by virtue ofsections 6to1111 having contravened any of the relevant statutory provisions, the latter person shall be guilty of an offence under this subsection; but

(i) the latter person shall not be guilty of an offence under this subsection if a prosecution against him in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred;

(ii) in the case of injury to health, the latter person shall not be guilty of an offence under this subsection unless the injury was caused directly by the contravention.

( 18 ) (a) Where a person is charged with a summary offence under any of the relevant statutory provisions, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge (whether or not the other person is his agent or servant);

(b) if the commission of the offence is proved and the first person charged proves to the satisfaction of the court that he used all diligence to enforce the relevant statutory provisions and that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default, that other person shall be summarily convicted of the offence and the first person shall not be guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings;

(c) the prosecution shall in any case to which this subsection applies, have the right to cross-examine the first person charged if he gives evidence and any witnesses called by him in support of his charge, and to adduce rebutting evidence.

( 19 ) (a) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly;

(b) where the affairs of a body corporate are managed by its members,paragraph (a)shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(20) Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.

Penalties.

49.—(1) Subject tosubsections (2),(3)and(4), a person guilty of an offence under any of the relevant statutory provisions for which no express money penalty is provided shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(2) A person guilty of an offence undersection 48 (1)shall be liable—

(a) on summary conviction to a fine not exceeding £1,000, or

(b) on conviction on indictment to a fine.

(3) A person guilty of an offence

(a) under subsection (6) or (9) of section 48, or

(b) which consists of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Authority or any other prescribed body something for the doing of which such a licence is necessary under the relevant statutory provisions, or

(c) which consists of contravening a term of or a condition or restriction attached to any such licence as is mentioned inparagraph (b)shall be liable—

(i) on summary conviction to a fine not exceeding £1,000, or

(ii) on conviction on indictment to a fine or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) Nothing in this section shall be construed as creating an indictable offence in respect of regulations made under the European Communities Act, 1972.

Onus of proof.

50.—In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

Prosecution of offences, etc.

51.—(1) Subject tosubsection (2), any summary offence under any of the relevant statutory provisions may be prosecuted by the Authority.

(2) Where a summary offence under any of the relevant statutory provisions consists of a contravention of a provision which is to be enforced by an enforcing agency, the offence may be prosecuted by the enforcing agency.

(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for any offence under any of the relevant statutory provisions may be instituted at any time within one year after the date of the offence.

(4) Where—

(a) a special report on any matter to whichsection 46of this Act applies is made; or

(b) a report is made by a person holding an inquiry into any matter by virtue ofsection 47; or

(c) a coroner's inquest is held concerning the death of any person whose death may have been caused by an accident which happened while he was at work or by a disease which he contracted or probably contracted at work or by an accident, act or omission which occurred in connection with the work of any person whatsoever;

and it appears from the report or, in a case falling withinparagraph (c)from the proceedings at the inquest, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject matter of the report or inquest, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within six months of the making of the report or, in a case falling withinparagraph (c), within six months of the conclusion of the inquest.

Appeals from orders.

52.—Any person (including the Authority or an enforcing agency) aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to a judge of the Circuit Court within whose circuit is situated the District Court in which the decision was given, and the decision of the judge of the Circuit Court on any such appeal shall be final and conclusive.

Evidence.

53.—(1) If a person is found in any place of work at any time at which work is going on, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been employed in such place of work.

(2) Where any entry is required by any of the relevant statutory provisions to be made in any register or record, the entry made by an employer or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any of the relevant statutory provisions has not been made, shall be admissible as evidence that the provision has not been observed.

General obligation with regard to fire safety.

55.—(1) The following provisions of the Fire Services Act, 1981, are hereby repealed—

(a) subparagraph (i) of subsection (1) (f) of section 18, and

(b) subsection (2) (b) of section 19.

(2) Sections 45 (as amended by the Safety in Industry Act, 1980) of the Factories Act, 1955, are hereby repealed.

(3) Section 27 of the Safety in Industry Act, 1980, is hereby repealed.

Inquest in case of death by accident or disease at work.

56.—Where a coroner holds an inquest on the body of any person whose death may have been caused by an accident which occurred or a disease which was contracted at a place of work, the following provisions shall have effect—

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Authority or an enforcing agency, as the case may be, is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Authority or to an enforcing agency, as the case may be, notice of the time and place of holding the inquest at such time as to reach the Authority or an enforcing agency not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Authority or to an enforcing agency, as the case may be, notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the place of work in or about which the accident or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified underparagraph (c)of this section and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor—

(i) an inspector or any other person appearing on behalf of the Authority or an enforcing agency, as the case may be,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the employer at the place of work in which the accident or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed at the place of work,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the place of work belongs,

(vi) any person appointed in writing by any association of employers of which the employer at the place of work is a member;

(f) where an inspector or a person on behalf of the Authority or an enforcing agency, as the case may be, is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or disease, or of any defect in or about the place of work appearing to the coroner or jury to require a remedy, the coroner shall send to the Authority or to an enforcing agency, as the case may be, notice in writing of the neglect or defect.

Application of Act to prisons, etc.

57.—This Act shall apply to prisons and places of detention unless its application is incompatible with safe custody, good order and security.

Licenses.

59.—(1) The Minister may, for the purpose of protecting the safety, health or welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority, which licence the Authority is hereby authorised to issue.

(2) The Authority may attach conditions to a licence issued in accordance withsubsection (1)as it thinks proper including conditions as to its expiry or revocation.

(3) The Authority may at its discretion grant or refuse an application for a licence under this section.

(4) The Authority may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.

( 5 ) (a) The Authority shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper.

(b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

(6) If the Authority refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority shall, at his request, deliver to him a certificate stating the grounds on which it has refused a licence or attached the conditions.

(7) The applicant may appeal to the High Court from the decision of the Authority within ten days after receipt of the certificate or such further time as the High Court may allow.

(8) On the hearing of an appeal from a decision of the Authority refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the Court may confirm the decision or may direct the Authority to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

(9) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.

Section 28.

REGULATIONS

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

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

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

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

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

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

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

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

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

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

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

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

(4) requirements to be imposed on persons to whomsection 8applies in relation to non-domestic places of work as regards such places of work, any article or substance provided for use in such places and as regards access to or egress from such places;

(5) requirements to be imposed on employees as regards their safety, health or welfare at work including requirements as regards the use of any appliance, protective clothing, convenience, equipment or means or thing provided for securing their safety, health or welfare at work;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(17) requirements to be imposed as regards the testing, examination, classification or labelling of any specified substance including notification of specified particulars in relation to such substance;

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

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

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

(21) requirements to be imposed as regards the making of arrangements for health surveillance of persons at work including medical examinations, biological monitoring or special health surveys;

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

(23) requirements to be imposed as to the appointment of prescribed persons or classes of persons to do prescribed things in relation to safety, health or welfare at work;

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

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

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

(27) requirements to be imposed as to specified facilities or arrangements for welfare at work (including supply of water, sanitary conveniences, washing or bathing facilities, ambulance and first-aid arrangements, cloakroom facilities, seating, refreshment facilities, facilities for the making or taking of meals, prohibiting the taking of meals or refreshments in specified circumstances);

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

(a) the emission into a place of work of any specified gas, vapour, smoke, dust, or any other specified substance arising from work activities,

(b) the emission into the working environment of noise, vibration, any ionising or other radiations,

(29) empowering inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions;

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

(31) requirements to be imposed as regards the safety, health or welfare of persons with respect to the management of animals in or at places of work;

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

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

(b) securing that persons in a place of work leave that place of work in specified circumstances where there is a risk to their safety or health;

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

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

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

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

(37) requirements to be imposed with respect to the safe lifting or handling by persons at work of any load likely to cause injury to a person so lifting or handling it.

Source: Irish Statute Book Database