Paul McMahon

About Paul McMahon

Posts by Paul McMahon:

GMS Reforms 2011

Background The EU/IMF programme provides for the introduction of legislative changes to remove restrictions to trade and competition in sheltered sectors by the end of the 3rd quarter in 2011. This includes the elimination of restrictions on General Practitioners (GPs) wishing to obtain contracts to treat public patients under the General Medical Services (GMS) Scheme. GMS contract and entry arrangements The contract between an individual GP and the Health Service Executive (HSE) is based on an Agreement concluded between the […]

Carriage Insurance

Insurance Obligations On Sale of Goods In an export transaction, the sale of goods contract should provide that the costsof and duty to effect insurance during transit shall be paid for and undertaken by either the seller or buyer, as the case may be. The INCOTERMS may define who is to effect and pay the cost of insurance. If goods are sold on CIF terms, it is the duty of the seller to take out the policy of the insurance […]

Conventions

Air Transport Conventions I The Warsaw Convention deals with the limitation of liability for loss and damage incurred by passengers and cargo in air transport. The first Warsaw Convention made in 1929 was the Convention for the Unification of Certain Rules Relating to International Carriage by Air. The Warsaw Convention has been amended and has been ultimately replaced by the Montréal Convention made in 1999. The latter Convention has been adopted by over 100 states including the United States and […]

Asbestos

Asbestos Overview Asbestos was formerly a very commonly used form of insulation. However, more recently it has become apparent that exposure to asbestos can cause a number of serious physical conditions, affecting, in particular, the lungs. The adverse effects may not occur for some significant time after exposure. Many forms of asbestos have been banned entirely. Asbestos was not regulated at all in Ireland until the early 1970s. The awareness of the risks associated with asbestos has developed in the […]

Biological Agents

Biological agents Exposure to biological agents may arise in a host of industries and settings. It is a particular risk in hospitals, laboratories, waste disposal, farming and veterinary. It may also arise in prisons, post offices and other settings. The regulations in relation to biological agents implement EU Directives. They apply to a wide range of biohazards which are classified in accordance with a number of groups and types. They include certain types of bacteria, viruses, parasites, fungi and other […]

Chemicals

Overview of Hazardous Chemicals There are specific and detailed requirements in relation to chemicals and dangerous substances. Many of these obligations are imposed for the benefit of the public, for reasons of environmental health and safety, as well as the safety of employees. There are more detailed requirements in relation to certain chemicals and materials including carcinogens, lead and asbestos. General health and safety at work requirements also apply to the use of chemicals and dangerous substances in the workplace. […]

Radiation

Regulator The Radiological Protection Institute of Ireland regulates the use of radiation. The Department of the Environment and Local Government is primarily responsible for non-ionising radiation monitoring. The RPII licenses the use of custody, manufacture, importation, transportation and disposal of radioactive material. It licenses the use of both ionising and non-ionising radiation. A licence is granted by the RPII, only where there is sufficient justification for the use of radiations, relative to the detriment to health, it may cause. The […]

Maternity Leave

Entitlement to Maternity Leave A pregnant employee is entitled to leave, (maternity leave), from her employment for a period (the minimum period of maternity leave) of not less than 26 consecutive weeks. Part may be postponed. The Minister may by order, made with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance, extend the statutory period. The period was extended to 26 weeks pursuant to Eu Directives under this power. Entitlement […]

Maternity Issues

Maternity Discrimination Pregnancy may raise issues of equality and discrimination in employment. Discrimination on the grounds of sex or gender is unlawful. Discrimination specifically includes less favourable treatment of a woman on account of pregnancy or maternity leave. Failure to employ a person due to the possible effect on the employer of pregnancy and maternity leave constitutes direct discrimination. The European Court of Justice has ruled in a number of cases, including a case relating to Ireland, that pre and […]

Paternity Leave

Entitlement to Paternity Leave An employee who is a qualifying parent in relation to a child is entitled to 2 weeks’ leave from his or her employment, known as “paternity leave”, to enable him or her to provide, or assist in the provision of care to the child or to provide support to the relevant adopting parent or mother of the child, as the case may be, or both. The entitlement to paternity leave also applies in the case of […]