The HSA
Health and Safety Authority
The Health Safety and Welfare at Work Act 2005, continued the National Authority for Occupational Safety and Health in being. It changed its name to the Health and Safety Authority. The Authority is a body corporate
The Health Safety and Welfare Authority (the HSA) has a range of duties and powers to promote and enforce safety and welfare in the workplace. It administers and enforces the large body of legislation dealing with occupational safety. The HSA employs approximately 125 inspectors who are the primary inspectors, investigators and enforcers of the legislation.
The HSA provides detailed information and guidance on the health, safety and welfare at work legislation. This is available at hsa.ie. The guides give practical guidance to employers, employees, and others in relation to the legislation. The HSA have drawn up and published Codes of Practice in a number of areas.
General Functions
The general functions of the Authority are—
- to promote, encourage and foster the prevention of accidents, dangerous occurrences and personal injury at work in accordance with the relevant statutory provisions,
- to promote, encourage, foster and provide education and training in the safety, health and welfare of persons at work,
- to encourage and foster measures promoting the safety, health and welfare of persons at work,
- to make adequate arrangements for the enforcement of the relevant statutory provisions,
- to perform the functions conferred on the Authority by the Chemicals Act in relation to accreditation—
- to monitor, evaluate and make recommendations to the Minister regarding implementation of and compliance with the legislation and best practice relating to safety, health and welfare at work, and the review and maintenance of relevant records by employers,
- to promote, encourage and foster co-operation with and between persons or bodies of persons that represent employees and employers and any other persons or bodies of persons, as appropriate, as regards the prevention of risks to safety, health and welfare at work in accordance with the legislation
- to make any arrangements that it considers appropriate for providing information and advice on matters relating to safety, health and welfare at work,
- to make any arrangements that it considers appropriate to conduct, commission, promote, support and evaluate research, surveys and studies on matters relating to the functions of the Authority and for this purpose to foster and promote contacts and the exchange of information with other persons or bodies of persons involved in safety, health and welfare at work in and outside the State, and as it considers appropriate, to publish in the form and manner that the Authority thinks fit, results arising out of such research, studies and surveys,
- to prepare and adopt a strategy statement and to monitor its implementation,
- to prepare and adopt a work programme,
- to comply with any directions in writing, whether general or particular, relating to its functions
- to give to the Minister any information relating to the performance of its functions that the Minister may from time to time require, and
- to perform any additional functions conferred on the Authority by ministerial order
Additional Functions on Authority.
The Minister may, with the consent of the Minister for Finance and after consultation with the Authority and any other Minister of the Government that he or she considers appropriate, by order confer on the Authority any additional functions connected with the functions for the time being of the Authority that the Minister considers appropriate, subject to the conditions (if any) that may be specified in the order.
Additional functions have been conferred on the Health and Safety Authority in the following areas.
- Birds and Natural Habitats
- Dangerous Goods
- Chemicals
- Petroleum
- Construction
- Groundwater
- Railway Safety
Membership
The Authority consists of a chairperson and 11 ordinary members who are appointed by the Minister, who shall comprise the Board of the Authority. The ordinary members of the Authority are
- 3 persons nominated by such organisations representative of employees as the Minister considers appropriate,
- 3 persons nominated by such organisations representative of employers as the Minister considers appropriate,
- 5 persons as the Minister considers appropriate which shall include one person from the Department under whose auspices the Authority operates.
The Minister designates one of the ordinary members of the Authority to be deputy chairperson of the Authority.
The Authority may from time to time establish advisory committees to advise it in relation to any of its functions and may determine the membership, term of office and terms of reference and regulate the procedure of any such committee.
Executive
There is a chief executive officer of the Authority. The Chief Executive is appointed and may be removed from office in accordance with the terms and conditions of his or her appointment by the Authority with the consent of the Minister. The Authority, with the consent of the Minister and the Minister for Finance, may appoint one or more assistants to the Chief Executive.
The Chief Executive carries on, manages and controls generally the administration and business of the Authority and perform any other functions that may be conferred on him or her by safety health and welfare at work legislation or as may be determined by the Authority. The Chief Executive is to
- prepare and submit to the Authority a draft strategy statement and a draft work programme,
- provide annual and other progress reports to the Authority on the implementation of the strategy statement at such intervals as the Authority may from time to time direct,
- provide advice to the Authority with respect to any matter within, affecting or connected with the functions of the Authority,
- provide to the Authority any information, including financial information, relating to the performance of his or her functions as the Authority may from time to time require, and
- manage all matters relating to appointments, performance, discipline and dismissals of staff below the position of Assistant Chief Executive.
Staff of Authority I
The Authority may, with the consent of the Minister and the Minister for Finance, appoint such number of persons to be members of the staff of the Authority as it from time to time determines. A member of the staff of the Authority (other than the Chief Executive) shall—
- be employed on the terms and conditions (including terms and conditions relating to remuneration) that the Authority, with the consent of the Minister and the Minister for Finance, may determine, and
- be paid out of moneys at the disposal of the Authority the remuneration and allowances for expenses (if any) incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.
The grades of the staff of the Authority, and the numbers of staff in each grade shall be determined by the Authority with the consent of the Minister and the Minister for Finance.
The Authority, in determining the remuneration or allowances for expenses to be paid to members of its staff (including the Chief Executive) or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant and to Government policy concerning remuneration and conditions of employment that is so extant and, in addition to the foregoing, the Authority shall comply with any directives with regard to such remuneration, allowances, terms or conditions that the Minister may give to the Authority with the consent of the Minister for Finance.
Staff of Authority II
The Authority shall, following consultation with the Minister and the Minister for Finance, draw up a code of conduct in respect of controls on staff interests and ethical behaviour to apply to each member of its staff.
The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of its staff (including the Chief Executive). A scheme under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of person.
The Minister shall cause every scheme submitted and approved, including an amendment of a scheme, to be laid before each House of the Oireachtas as soon as practicable after it is approved and, if a resolution annulling the scheme is passed by either House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done under the scheme.
Strategy of the Authority
Every three years, the Authority shall prepare and submit to the Minister for his or her approval, with or without amendment, a strategy statement for the following 3 year period. The strategy statement shall
- specify the key objectives, outputs and related strategies (including the use of resources) of the Authority,
- have regard to the need to ensure the most beneficial, effective and efficient use of the Authority’s resources,
- except for the first strategy statement, include a review of the outcomes and effectiveness of the preceding strategy statement,
- specify the manner in which the Authority proposes to assess its performance in respect of the objectives taking account of relevant performance indicators (financial and non-financial),
The strategy statement is deemed to be adopted when it is approved by the Minister. As soon as practicable after a strategy statement has been approved, the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas. It shall be published in the form and manner that the Authority considers appropriate.
Work Programme
The Authority shall prepare and submit to the Minister for his or her approval with or without amendment, at least 2 months before the commencement of each year, a work programme relating to the discharge of its functions, including having regard to the strategy statement, the objectives of the Authority for that year and its strategy for achieving those objectives and the priorities of the Authority for that year, having regard to those objectives and its available resources
The Minister may, from time to time, issue directions or guidelines to the Authority concerning the preparation of the work programme and the Authority shall comply with those directions and prepare the work programme in accordance with those guidelines. The work programme is deemed to be adopted when it is approved by the Minister.
Fees Payable to HSA for Services
Subject to the approval of the Minister and the Minister for Finance, the Authority may determine the amount of such fees as it considers appropriate in consideration of the performance by the Authority of its functions, the provision by the Authority of services (other than a service consisting of the provision of advice to the Minister or another Minister of the Government), the carrying on by the Authority of activities.
Fees, prices and payments in respect of functions performed, services provided, activities carried on or things sold, shall not, save with the prior approval of the Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production, publication or development of the thing, as the case may be. The Authority may recover any amount due and owing to it from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.
Answerability
The Chief Executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—
- the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required to prepare under safety health and welfare at work legislation,
- the economy and efficiency of the Authority in the use of its resources,
- the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and
- any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General
The Chief Executive shall, at the request in writing of an Oireachtas Committee, attend before it to account for the general administration of the Authority as may be required by the Committee. The Chief Executive shall not be required to account to a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.
As soon as practicable, but in any case, not later than 3 months after the end of each year, the Authority shall prepare and submit a report (in this section referred to as the “annual report”) to the Minister and the Minister shall cause copies of the annual report to be laid before each House of the Oireachtas.
General Functions of HSA
The Health and Safety Authority must
- keep health safety and welfare at work legislation under review
- submit, from time to time, to the Minister any proposals that it considers appropriate relating to the relevant statutory provisions or for making or revoking any instruments under those provisions,
- submit, from time to time, to the Minister and to the Minister having responsibility for any of the associated statutory provisions any proposals that it considers appropriate relating to those provisions or for making or revoking any instruments under those provisions,
- undertake such reviews of relevant statutory provisions as the Minister may direct, and
- assist in the preparation of draft legislation as the Minister may direct.
Before submitting proposals to the Minister, the Authority shall consult any other person or body that appears to the Authority to be appropriate having regard to the proposals to be submitted or as directed by the Minister.
Regulations by the Minister
The Minister may by regulations provide for any matter referred under the legislation and make regulations generally for that purpose. The Minister shall consult with the Authority before making regulations giving effect to any proposal made by the Authority.
Regulations made may apply to all work activities or to particular work activities, and they may also relate to
- one or more chemical, physical or biological agents;
- the classification, packaging, labelling, marketing or use of any article or substance;
- the control of major accident hazards;
- the storage or transport of dangerous substances; or
- factories, the extractive industries, office premises or to boilers.
The regulations may apply to—
- employers or other persons who control places of work or specified places of work,
- employees or a particular class of employees,
- all work activities or particular work activities,
- designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof),
- a specified article or substance or an article or substance of a particular class.
Codes of Practice I
For the purpose of providing practical guidance to employers, employees and any other persons to whom safety health and welfare at work legislation applies with respect to safety, health and welfare at work, or the requirements or prohibitions of any of the relevant statutory provisions, the Authority may, and shall if so requested by the Minister, prepare and publish codes of practice, and may approve of a code of practice or any part of a code of practice made or published by any other body.
Before publishing or approving of a code of practice or any part of a code of practice the Authority—
- shall obtain the consent of the Minister,
- may publish in such manner as the Authority considers appropriate a draft of the code of practice or sections of a draft code of practice and shall give persons one month from the date of publication of the draft code or sections within which to make written representations to the Authority in relation to the draft code or sections of the draft code, or such further period, not exceeding 28 days, as the Authority in its absolute discretion thinks fit, and
- following consultation and, where relevant, having considered the representations, if any, made, shall submit the draft code to the Minister for his or her consent to its publication or approval under this section, with or without modification.
Codes of Practice II
Where the Authority publishes, approves or revokes a code of practice or approves of any part of a code of practice, it shall publish a notice of such publication or approval in Iris Oifigiúil and that notice shall—
- identify the code,
- specify the matters relating to safety, health and welfare at work or the relevant statutory provisions in respect of which the code is published or approved of, and
- specify the date on which the code shall come into operation.
The Authority may with the consent of the Minister and following consultation with any other person or body that the Authority considers appropriate or as the Minister directs amend or revoke any code of practice or part of any code of practice prepared and published by it under this section, or withdraw its approval of any code of practice or part of any code of practice approved by it.
Effect of Code
Where in proceedings for an offence under safety health and welfare at work legislation relating to an alleged contravention of any requirement or prohibition imposed by or under a relevant statutory provision being a provision for which a code of practice had been published or approved by the Authority at the time of the alleged contravention, the following shall have effect with respect to that code of practice in relation to those proceedings.
Where a code of practice appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened, the code of practice shall be admissible in evidence.
Where it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe a code of practice or is a compliance with that code of practice, then such failure or compliance is admissible in evidence.
Authorised Persons
The Authority may authorise such and so many persons as the Authority or person considers appropriate to be inspectors for the purposes of the enforcement of all or any of the relevant statutory provisions within the relevant area of responsibility. An inspector shall be furnished with a certificate of authorisation as an inspector. When exercising a power conferred on him or her by this section, an inspector shall, if requested by a person affected, produce the certificate of authorisation or a copy of it to that person and a form of personal identification.
The Authority may designate in writing any person, including an inspector, who is a registered medical practitioner to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority and any person so designated may—
invite any person who, in his or her opinion, either has been or may be exposed in the course of his or her work to any risk of personal injury or other danger to his or her health, and 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, provide biological samples or to be examined medically, or both, at such place as the person so designated shall designate, either by him or her or on his or her behalf or by or on behalf of such other registered medical practitioner as he or she shall specify.
References and Sources
Irish Books
Safety, Health and Welfare and at Work Law in Ireland 2nd Ed 2008 Byrne Ch 3
Safety & Health Acts Consolidated & Annotated 2013 Byrne
Health, Safety & Welfare Law in Ireland 2012 Kinsella
Health & Safety: Law and practice 2007 Shannon
Health & Safety at Work 1998 Stranks
Civil Liability for Industrial Accidents 1993 While
Websites
The Health and Safety Authority www.hsa.ie
Health and Safety Executive (UK) www.hse.gov.uk
UK Books
Tolleys Health and safety at work, 2017 29th ed Bamber,
Corporate liability: work related deaths and criminal prosecutions 3rd ed. Forlin
Health and safety at work: European and comparative perspective Ales.
Health and Safety Law 5th Ed 2005 Stranks
Principles of Health and Safety at Work (8th ed) Holt, Allan St. John; Allen, Jim;
The Law of Health and Safety at Work 2014/15 (23rd ed) Moore, Rachel; Winter, Hazel;
Statutes
Safety, Health and Welfare at Work Act 2005
Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016 (S.I. No. 370 of 2016)
Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2016 (S.I. No. 70 of 2016)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2010 (S.I. No. 176 of 2010)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007)
Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)