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Safety & Health Legislation

Legislation Irish and European

. judge-made law.1. or Negligence. (b) Once a rule has been laid down.e. it becomes a precedent which other judges follow. (c) The common law rules for work-related injuries or ill-health come under the general heading “Employer’s Liability”. What is Common Law?    (a) Common law consists of the rules laid down by judges over the years in cases i. sometimes also called the Employer’s Duty of Care.

Health and Welfare Act 1989  Recently revised to 2005 .What is statute law?     Also called legislation Comprises the legal rules made by Parliament Draft (bill) – Dail/Seaned – President (Act) The Safety.

2006.2012 & 2013 are examples. 2. or Delegated Legislation.   (a) Primary Legislation is the general name given to Acts passed by a Parliament.2001. is the general name given to Ministerial Regulations. . Health and Welfare at Work Act 2005 is an example. The Safety. (b) Secondary Legislation. which are made under the general power contained in an Act.What is the Difference Between Primary Legislation and Secondary Legislation? Give an Example of Both. Health and Welfare at Work (General Application) Regulations 2007 and the Safety. The Safety. Health and Welfare at Work (construction) Regulations 1995.

 (b) The 2005 Act states that failure to comply with an ACoP will be regarded as evidence of non-compliance with the statutory requirement to which the ACoP is connected. .  What is an Approved Code of Practice? What is its legal effect? (a) An ACoP is a Technical Specification or Standard approved by the Health and Safety Authority under the Safety. Health and Welfare at Work Act 1989 and is intended to provide information as to how an organisation can comply with a statutory provision.3.

.  What are the Two Main Categories of EC Technical Standards? Chemical Standards and Machinery Standards.4.

. (c) Employers must also ensure that products used at work comply with any relevant EN technical standards. What is an EN? What is its Legal Effect?    (a) A European Norm (EN) is a technical standard approved by the European Standards bodies CEN or CENELEC. (b) Manufacturers are required by law to ensure that products put on the market comply with the technical specifications contained in a relevant EN.5. and it replaces any previous national technical standards on the subject.

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unforeseeable and exceptional nature of any circumstance or occurrence that may result in an accident at work or injury to health at that place of work. in relation to the duties of an employer.“Reasonably Practicable” (6) For the purposes of the relevant statutory provisions. “reasonably practicable”. . means that an employer has exercised all due care by putting in place the necessary protective and preventive measures. having identified the hazards and assessed the risks to safety and health likely to result in accidents or injury to health at the place of work concerned and where the putting in place of any further measures is grossly disproportionate having regard to the unusual.

radiation or any physical agent Plan.Employers Duties      Manage and conduct work activities Prevent improper conduct and behaviour in the workplace Design. vibration. and from noise. organise. maintain and revise systems of work . provide and maintain a safe place of work that has safe access and egress and that uses plant and equipment that is safe to use and without risk to health Prevent risks to employees from the use of any articles or substances.

health and welfare of their employees Any temporary or fixed term worker is deemed by this act to be an employee . and dangerous occurrences Obtain.cont’d       Provide and maintain adequate welfare facilities Inform. instruct. the services of a competent person for the purpose of ensuring the safety. train and supervise their employees Provide and maintain suitable protective clothing and equipment Prepare and revise emergency plans and measures to be taken when there is an emergency or a risk of serious or imminent danger Report to the HSA any notifable accidents and disease.Employers Duties. where necessary.

Training Training must be provided:  Following recruitment  In the event of a transfer or change of task  When equipment and systems of work are replaced or changed or new technology is introduced .

Risk Assessments  Every employer required to carry out risk assessments  Identify the hazards  Assess the risks  Prepare a written risk assessment for the workplace .

incl the names of the reps and committee  Must be in a form and LANGUAGE that is reasonably understood  Must be brought to the attention of the employees .Safety Statements ALL employees are required to prepare a written safety statement that specifies how the safety. health and welfare of employees  Emergency plans and procedures to be undertaken in the event of an emergency  Duties of the employees to co-operate with the employer  The names of persons who have legal responsibility  Arrangements for appointing safety reps. health and welfare of employees is to be managed It must state:  Protective and preventative measures taken and resources provided to protect the safety.

General Duties of Employees        Comply with H&S legislation to protect his/her S. horseplay etc at work Attend the necessary training Make correct use of any PPE Workers also have a duty not to endanger themselves or others and to be alert to dangerous situations . H&W and that of others Ensure they are not under the influence to the extent of endangering their or any others S. reasonable. proportionate tests for intoxicants Co-operate with the employer and any other relevant person to enable them to comply with the act Not engage in improper conduct.H&W Submit to any appropriate.

H&W of employees or any other person .Employees must also   Report any defective equipment or system Any contravention of S&H legislation which may endanger the S.