Civil Enforcement
Safety, Health and Welfare at Work Act 2005
Directions for improvement plan.
65.—(1) Where an inspector is of the opinion that there is occurring or likely to occur any activity which involves or is likely to involve a risk to the safety, health or welfare of persons, he or she may give a written direction to the employer concerned requiring submission to him or her of an F26[an improvement plan (in this section and in section 66 referred to as a ‘plan’)].
(2) A direction given under subsection (1) shall—
(a) identify the activity which is or is likely to be a risk,
(b) require the submission to the inspector, within a period of one month, of F27[a plan] specifying the remedial action proposed to be taken,
(c) F28[…]
(d) include any other requirements that the inspector considers necessary.
(3) Where there is a safety representative in a place of work in respect of which a direction is given under subsection (1), the inspector shall give a copy of the direction to the safety representative.
(4) Within one month of receipt of F29[a plan] submitted under subsection (2), an inspector, by written notice to the person who submitted the plan—
(a) shall confirm whether or not he or she is satisfied that the plan is adequate, or
(b) may direct that the plan be revised as specified in the notice and resubmitted to the inspector within a period specified in the notice.
F30[(5) Within one month of receipt of a plan submitted pursuant to a notice under subsection (4), an inspector shall confirm by written notice to the person who submitted the plan, whether or not he or she is satisfied that the plan is adequate. ]
F31[(6) A notice under subsection (4) or (5) shall, where the inspector is satisfied with the plan, require the employer concerned to implement the plan. ]
F32[(7) A person to whom a direction under subsection (1) or a notice under subsection (4) or (5) applies shall comply with the notice or direction. ]
F33[(8) A direction or notice under this section shall be signed and dated by the inspector. ]
Annotations:
Amendments:
F26
Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(i), S.I. No. 591 of 2010.
F27
Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(ii), S.I. No. 591 of 2010.
F28
Deleted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(iii), S.I. No. 591 of 2010.
F29
Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(iv), S.I. No. 591 of 2010.
F30
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(v), S.I. No. 591 of 2010.
F31
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(v), S.I. No. 591 of 2010.
F32
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(d)(v), S.I. No. 591 of 2010.
F33
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s.12(d)(v), S.I. No. 591 of 2010.
Improvement notice.
66.—(1) An inspector who is of the opinion that a person—
(a) is contravening or has contravened any of the relevant statutory provisions, or
F34[(b) has failed to comply with a direction under section 65(1), or a notice under section 65(4)(b), or]
F35[(c) has submitted a plan in relation to which an inspector has confirmed by notice under section 65(5) that he or she is not satisfied that the plan is adequate, or ]
F36[(d) has failed to implement a plan,]
may serve a written notice (in this Act referred to as an “improvement notice”) on the person who has or may reasonably be presumed to have control over the work activity concerned.
(2) An improvement notice shall—
(a) state that the inspector is of the opinion referred to in subsection (1),
(b) state the reasons for that opinion,
(c) identify the relevant statutory provision in respect of which that opinion is held,
(d) F37[…]
(e) direct the person to remedy the contravention or the matters occasioning that notice by a date specified in the notice, that shall not be earlier than the end of the period within which an appeal may be made under subsection (7),
(f) include information regarding the making of an appeal under subsection (7),
(g) include any other requirement that the inspector considers appropriate, and
(h) be signed and dated by the inspector.
(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.
(4) Where there is a safety representative in a place of work in respect of which an improvement notice is served under subsection (1), the inspector shall give a copy of the improvement notice to the safety representative and inform the safety representative in writing where an improvement notice is withdrawn under subsection (11).
(5) A person on whom an improvement notice has been served who is of the opinion that the improvement notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied and shall give a copy of the confirmation to the safety representative, if any.
(6) Where a person on whom an improvement notice has been served confirms in writing to the inspector in accordance with subsection (5) that the matters referred to in the improvement notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the improvement notice.
(7) A person aggrieved by an improvement notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served in the prescribed manner and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(8) A person who appeals under subsection (7) shall at the same time notify the Authority or the person prescribed under section 33, as the case may be, of the appeal and the grounds for the appeal and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(9) Where an appeal under subsection (7) is taken, and the notice is not cancelled, the notice shall take effect on the later of—
(a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or
(b) the day specified in the notice.
(10) Where there is no appeal under subsection (7), the notice shall take effect on the later of—
(a) the end of the period for making an appeal, or
(b) the day specified in the notice.
(11) An inspector may—
(a) withdraw an improvement notice at any time, or
(b) where no appeal is made or pending under subsection (7), extend the period specified under subsection (2)(e).
Annotations:
Amendments:
F34
Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(e)(i), S.I. No. 591 of 2010.
F35
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(e)(ii), S.I. No. 591 of 2010.
F36
Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(e)(ii) S.I. No. 591 of 2010.
F37
Deleted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(e)(iii), S.I. No. 591 of 2010.
Editorial Notes:
E49
Power pursuant to subs. (7) exercised (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005 (S.I. No. 548 of 2005).
Prohibition notice.
67.—(1) Where an inspector is of the opinion that at any place of work there is occurring or is likely to occur any activity (whether by reference to any article or substance or otherwise) which involves or is likely to involve a risk of serious personal injury to any person, the inspector may serve a written notice (in this Act referred to as a “prohibition notice”) on the person who has or who may reasonably be presumed to have control over the activity concerned.
(2) A prohibition notice shall—
(a) state that the inspector is of the opinion referred to in subsection (1),
(b) state the reasons for that opinion,
(c) specify the activity in respect of which that opinion is held,
(d) where in his or her opinion the activity involves a contravention, or likely contravention, of any of the relevant statutory provisions, specify the relevant statutory provision,
(e) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and
(f) be signed and dated by the inspector.
(3) A prohibition notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice.
(4) Where there is a safety representative in a place of work in respect of which a prohibition notice is served under subsection (1), the inspector shall give a copy of the prohibition notice to the safety representative and inform the safety representative in writing where a prohibition notice is withdrawn under subsection (12).
(5) A prohibition notice shall take effect—
(a) immediately the notice is received by the person on whom it is served, or
(b) where an appeal is taken, on the later of 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.
(6) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (5) shall not have the effect of suspending the operation of the notice but 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.
(7) A person aggrieved by a prohibition notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal in the prescribed manner against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(8) Where, on the hearing of an appeal under this section, a prohibition notice is confirmed, notwithstanding subsection (5), the judge 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 the judge considers appropriate.
(9) A person who—
(a) appeals under subsection (7), or
(b) applies for a direction suspending the application of a prohibition notice under subsection (8),
shall at the same time notify the Authority or a person prescribed under section 33, as the case may be, of the appeal or the application and the grounds for the appeal or the application and the Authority or the person prescribed under section 33 shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.
(10) A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the notice have been remedied by the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied and shall give a copy of the confirmation to the safety representative, if any.
(11) Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with subsection (10) that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give written notice to the person concerned of compliance with the prohibition notice.
(12) An inspector may at any time withdraw a prohibition notice by written notice to the person on whom it was served where—
(a) the inspector is satisfied that the activity to which the notice relates no longer involves a risk of serious personal injury to any person, or
(b) the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.
(13) The withdrawal of a notice under subsection (12) has effect when the notice of withdrawal is given to the person on whom the prohibition notice was served.
(14) The withdrawal of a notice under this section does not prevent the service of any other prohibition notice.
Annotations:
Editorial Notes:
E50
Power pursuant to subs. (7) exercised (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005 (S.I. No. 548 of 2005).
Contravention of prohibition notice — application to High Court.
68.—(1) Where a prohibition notice has been served under section 67 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.
(2) An application to the High Court for an order under subsection (1) may be ex parte 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) regarding the payment of costs that the Court considers appropriate.
Notices to be displayed.
69.—Where an improvement notice or a prohibition notice is served, the person to whom it is addressed shall on receipt of the notice—
(a) bring the notice to the attention of any person whose work is affected by the notice, and
(b) display the notice or a copy of the notice in a prominent place at or near any place of work, article or substance affected by the notice.
Order of High Court as to use of place of work.
71.—(1) Where the Authority or a person prescribed under section 33, as the case may be, considers that the risk to the safety, health or welfare of persons is so serious that the use of a place of work or part of a place of work should be restricted or immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or the person prescribed under section 33 may apply, ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part of a place of work accordingly.
(2) The Court may make any interim or interlocutory order that it considers appropriate.
(3) Any order made by the Court under this section shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the place of work or part of the place of work to which the application under this section relates.
(4) On an application by any person for the revocation or variation of an order under subsection (1), the Authority or a person prescribed under section 33, as appropriate, shall be entitled to be heard.