Employee Input
Safety, Health and Welfare at Work Act 2005
Safety statement.
20.—(1) Every employer shall prepare, or cause to be prepared, a written statement (to be known and referred to in this Act as a “safety statement”), based on the identification of the hazards and the risk assessment carried out under section 19, specifying the manner in which the safety, health and welfare at work of his or her employees shall be secured and managed.
(2) Without prejudice to the generality of subsection (1), every employer shall ensure that the safety statement specifies—
(a) the hazards identified and the risks assessed,
(b) the protective and preventive measures taken and the resources provided for protecting safety, health and welfare at the place of work to which the safety statement relates,
(c) the plans and procedures to be followed and the measures to be taken in the event of an emergency or serious and imminent danger, in compliance with sections 8 and 11,
(d) the duties of his or her employees regarding safety, health and welfare at work, including co-operation with the employer and any persons who have responsibility under the relevant statutory provisions in matters relating to safety, health and welfare at work,
(e) the names and, where applicable, the job title or position held of each person responsible for performing tasks assigned to him or her pursuant to the safety statement, and
(f) the arrangements made regarding the appointment of safety representatives and consultation with, and participation by, employees and safety representatives, in compliance with sections 25 and 26, including the names of the safety representative and the members of the safety committee, if appointed.
(3) Every employer shall bring the safety statement, in a form, manner and, as appropriate, language that is reasonably likely to be understood, to the attention of—
(a) his or her employees, at least annually and, at any other time, following its amendment in accordance with this section,
(b) newly-recruited employees upon commencement of employment, and
(c) other persons at the place of work who may be exposed to any specific risk to which the safety statement applies.
(4) Where there are specific tasks being performed at the place of work that pose a serious risk to safety, health or welfare, an employer shall bring to the attention of those affected by that risk relevant extracts of the safety statement setting out—
(a) the risk identified,
(b) the risk assessment, and
(c) the protective and preventive measures taken in accordance with the relevant statutory provisions in relation to that risk.
(5) Every employer shall, taking into account the risk assessment carried out under section 19, review the safety statement where—
(a) there has been a significant change in the matters to which it refers,
(b) there is another reason to believe that the safety statement is no longer valid, or
(c) an inspector in the course of an inspection, investigation, examination, inquiry under section 64 or otherwise directs that the safety statement be amended within 30 days of the giving of that direction,
and, following the review, the employer shall amend the safety statement as appropriate.
(6) Every employer who is conducting activities, as may be prescribed in accordance with this subsection, who contracts with another employer for that employer to provide services to him or her shall require that that employer is in possession of an up-to-date safety statement as required under this section.
(7) A copy of a safety statement, or relevant extract of it, shall be kept available for inspection at or near every place of work to which it relates while work is being carried out there.
(8) It shall be sufficient compliance with this section by an employer employing 3 or less employees to observe the terms of a code of practice, if any, relating to safety statements which applies to the class of employment covering the type of work activity carried on by the employer.
(9) Every person to whom section 12 or 15 applies shall prepare a safety statement in accordance with this section to the extent that his or her duties under those sections may apply to persons other than his or her employees.
Annotations:
Editorial Notes:
E13
Safety statement details prescribed (1.05.2008) by Safety, Health And Welfare At Work (Quarries) Regulations 2008 (S.I. No. 28 of 2008), reg. 11.
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Joint safety and health agreements.
24.—(1) A trade union of employees, representing a class or classes of employees, and a trade union of employers may—
(a) enter into or vary an agreement (in this Act referred to as a “joint safety and health agreement”) providing practical guidance to the employees and employers with respect to safety, health and welfare at work including the requirements of the relevant statutory provisions, and
(b) apply to the Authority seeking approval for the agreement or its variation.
(2) The Authority may approve of a joint safety and health agreement where it is satisfied that—
(a) the parties concerned consent to the approval sought,
(b) the agreement is expressed to apply to all employees of a particular class and their employers and the Authority is satisfied that it is normal and desirable that it should so apply,
(c) the parties to the agreement are substantially representative of such employees and employers,
(d) the agreement does not conflict with the requirements of the relevant statutory provisions, and
(e) the agreement is in a form suitable for approval.
(3) Where an application is made to the Authority for approval of a joint safety and health agreement, the Authority shall direct the parties concerned to publish information on the agreement in such a manner that is best calculated to bring the application to the notice of all persons concerned.
(4) The Authority shall not approve of a joint safety and health agreement until one month after its publication under subsection (3) and if any objection is received within that period, the Authority shall consider the objection and shall not approve the agreement if it does not comply with subsection (2).
(5) Approval of a joint safety and health agreement may be withdrawn by the Authority if it is satisfied that all parties thereto consent to its withdrawal or if the agreement is terminated by any of the parties concerned.
(6) Where the Authority approves of a joint safety and health agreement, it shall publish a notice of approval in Iris Oifigiúil and in at least 2 daily newspapers circulating in the State, and that notice shall—
(a) identify the agreement,
(b) specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the agreement is approved and published, and
(c) specify the date on which the agreement shall come into operation.
(7) The parties to a joint safety and health agreement shall make copies of the agreement, or variations thereof, available for inspection by all persons concerned.
(8) A joint safety and health agreement shall, so long as it continues to be approved by the Authority, be taken into account by the Authority or a person prescribed under section 33 for the purposes of assessing compliance by an employer with the relevant statutory provisions notwithstanding the fact that that employer and the employees concerned are not party to the joint safety and health agreement.
PART 4
Safety Representatives and Safety Consultation
Safety representatives.
25.—(1) Without prejudice to section 26, 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 a “safety representative”) or, by agreement with their employer, more than one safety representative, to represent them at the place of work in consultation with their employer on matters related to safety, health and welfare at the place of work.
(2) A safety representative may—
(a) inspect the whole or any part of the place of work—
(i) subject to subsection (3), after giving reasonable notice to the employer, or
(ii) immediately, in the event of an accident, dangerous occurrence or imminent danger or risk to the safety, health and welfare of any person,
(b) investigate accidents and dangerous occurrences provided that he or she does 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,
(c) after the giving of reasonable notice to the employer, investigate complaints relating to safety, health and welfare at work made by any employee whom he or she represents,
(d) accompany an inspector who is carrying out an inspection of the place of work under section 64 other than an inspection for the purpose of investigating an accident or dangerous occurrence,
(e) at the discretion of the inspector concerned, accompany an inspector who is carrying out an inspection under section 64 for the purpose of investigating an accident or dangerous occurrence,
(f) at the discretion of the inspector concerned, where an employee is interviewed by an inspector with respect to an accident or dangerous occurrence at a place of work, attend the interview where the employee so requests,
(g) make representations to the employer on any matter relating to safety, health and welfare at the place of work,
(h) make oral or written representations to inspectors on matters relating to safety, health and welfare at the place of work, including the investigation of accidents or dangerous occurrences,
(i) receive advice and information from inspectors on matters relating to safety, health and welfare at the place of work, or
(j) consult and liaise on matters relating to safety, health and welfare at work with any other safety representatives who may be appointed in the undertaking concerned, whether or not those safety representatives work in the same place of work, in different places of work under the control of the employer or at different times at the place of work.
(3) The employer and the safety representative shall, having regard to the nature and extent of the hazards in the place of work, agree the frequency or schedule of inspections which may be carried out under subsection (2)(a)(i), which agreement shall not be unreasonably withheld by the employer.
(4) Every employer shall consider any representations made to him or her by the safety representative in relation to the matters specified in this section or any other matter relating to the safety, health and welfare at work of his or her employees and, so far as is reasonably practicable, take any action that he or she considers necessary or appropriate with regard to those representations.
(5) An employer shall give to a safety representative such time off from his or her work as is reasonable having regard to all the circumstances, without loss of remuneration, to enable the safety representative—
(a) to acquire, on an ongoing basis, the knowledge and training necessary to discharge his or her functions as a safety representative, and
(b) to discharge those functions.
(6) Where an inspector attends at a place of work for the purpose of carrying out an inspection under section 64, the employer shall inform the safety representative that the inspection is taking place.
Consultation and participation of employees, safety committees.
26.—(1) Every employer shall, for the purpose of promoting and developing measures to ensure the safety, health and welfare at work of his or her employees and ascertaining the effectiveness of those measures—
(a) consult his or her employees for the purpose of making and maintaining arrangements which will enable the employer and his or her employees to co-operate effectively for those purposes,
(b) in accordance with the arrangements referred to in paragraph (a), consult with his or her employees, their safety representatives or both, as appropriate, in advance and in good time regarding—
(i) any measure proposed to be taken in the place of work which may substantially affect the safety, health and welfare of those employees, including measures to be taken under the relevant statutory provisions,
(ii) the designation of employees under section 11,
(iii) activities arising from or related to the protection from and the prevention of risks to safety, health and welfare at work,
(iv) the hazard identification and the risk assessment to be carried out under section 19,
(v) the preparation of a safety statement under section 20,
(vi) the information to be provided to employees under section 9,
(vii) the information required to be kept or notified to the Authority in respect of accidents and dangerous occurrences referred to in section 8(2)(k),
(viii) the appointment of persons referred to in section 18,
(ix) the planning and organisation of the training referred to in section 10, or
(x) the planning and introduction of new technologies particularly in relation to the consequences of the choice of equipment and working conditions and the working environment for the safety, health and welfare of employees.
(2) Employees shall have the right to make representations to and consult their employer on matters relating to their safety, health and welfare at work, including the matters specified in subsection (1).
(3) Where, in a place of work by agreement of the employer, there is a group of persons (by whatever name known) representative of the employer and the employees that constitutes a safety committee in compliance with Schedule 4 and that exists for the purpose of consultation regarding the safety, health and welfare at work of the employees, consultation within that group of persons may, to such extent as may be agreed between the employer and his or her employees, fulfil the requirements of subsections (1) and (2).
(4) Every employer shall consider any representations made to him or her by his or her employees in relation to the matters specified in this section or any other matter relating to their safety, health or welfare at work and, so far as is reasonably practicable, take any action that he or she considers necessary or appropriate with regard to those representations.
(5) An employer shall give to employees involved in arrangements for consultation referred to in subsections (1) and (3) such time off from their duties as is reasonable having regard to all the circumstances, without loss of remuneration, to enable those employees—
(a) to acquire the knowledge and training necessary to discharge their functions under this section, and
(b) to discharge those functions.
(6) In an undertaking in which arrangements for joint decisionmaking exist involving the employer and employees, these arrangements shall include consultation in accordance with this section.