To Whom Owed
Safety, Health and Welfare at Work Act 2005
Special Definition of Employee
2(3) In this Act references, in relation to an employer, to an employee shall be read as references to an employee employed by that employer, and for the purposes of this Act—
(a) a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act 1956) is deemed to be an employee employed by the State or Government, as the case may be,
F2[ (b) an officer or servant of a harbour authority or the Health Service Executive or a member of staff of an education and training board is deemed to be an employee employed by the harbour authority, the Health Service Executive or education and training board, as the case may be, and ]
(c) a share fisherman is deemed to be an employee of the owner or skipper, as the case may be, of a fishing vessel whom he or she accompanies on board the fishing vessel, as a member of the crew, to engage in fishing where he or she is remunerated by a share in the catch or the profits or the gross earnings of the working of the vessel.
(4) For the purposes of the relevant statutory provisions, where an individual agrees with a person who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971, and is acting in the course of that business to do or perform personally any work or service for another person (whether or not the latter person is a party to the contract and whether or not the latter person pays the wages or salary of the individual in respect of the work or service), then the latter person shall be deemed to be the individual’s employer for the purposes of the relevant statutory provisions.
(5) For the purposes of the relevant statutory provisions, a person who is training for employment or receiving work experience, other than when present at 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 or her 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 read accordingly.
…….
Application of relevant statutory provisions to certain public service activities.
6.—(1) The relevant statutory provisions apply to prisons and places of detention unless their application is incompatible with safe custody, good order and security.
(2) Subject to section 11, the relevant statutory provisions apply to members of the Defence Forces except when they are—
(a) on active service within the meaning of section 5 of the Defence Act 1954 or deemed to be on active service within the meaning of section 4(1) of the Defence (Amendment) (No. 2) Act 1960,
(b) engaged in action in the course of operational duties at sea,
(c) engaged in operations in aid to the civil power, or
(d) engaged in training directly associated with any of the activities specified in paragraph (a) to (c).
Annotations:
Modifications (not altering text):
C3
Application of the Act restricted (1.11.2007) by Safety, Health and Welfare at Work (General Application) Regulations 2007, s. 148(2), S.I. No. 299 of 2007.
Application of Section 2
148— …
(2) Section 6(2) of the Act does not apply to the application of this Chapter.
Application of relevant statutory provisions to self-employed persons.
7.—The relevant statutory provisions apply, where appropriate, to a self-employed person as they apply to an employer and as if that self-employed person was an employer and his or her own employee and references in the relevant statutory provisions to an employer shall be read as references to a self-employed person.