Asbestos Overview Asbestos was formerly a very commonly used form of insulation. However, more recently it has become apparent that exposure to asbestos can cause a number of serious physical conditions, affecting, in particular, the lungs. The adverse effects may not occur for some significant time after exposure. Many forms of asbestos have been banned entirely. Asbestos was not regulated […]
Biological agents Exposure to biological agents may arise in a host of industries and settings. It is a particular risk in hospitals, laboratories, waste disposal, farming and veterinary. It may also arise in prisons, post offices and other settings. The regulations in relation to biological agents implement EU Directives. They apply to a wide range of biohazards which are classified […]
Overview of Hazardous Chemicals There are specific and detailed requirements in relation to chemicals and dangerous substances. Many of these obligations are imposed for the benefit of the public, for reasons of environmental health and safety, as well as the safety of employees. There are more detailed requirements in relation to certain chemicals and materials including carcinogens, lead and asbestos. […]
Regulator The Radiological Protection Institute of Ireland regulates the use of radiation. The Department of the Environment and Local Government is primarily responsible for non-ionising radiation monitoring. The RPII licenses the use of custody, manufacture, importation, transportation and disposal of radioactive material. It licenses the use of both ionising and non-ionising radiation. A licence is granted by the RPII, only […]
General Duties of Employer Every employer is obliged to manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (including, but not limited to his or her employees) are not exposed to risks to […]
Duties to Employees Most duties under health safety and welfare legislation are owed to employees. An employee is defined as a person who has entered into or works under a contract of employment. It includes a fixed-term employee and a temporary employee. It includes a former employee whose employment has terminated. References, in relation to an employer, to an employee […]
General Workplace Regulations The Workplace Regulations provide for workplace standards. The standards cover the design, layout and features of the workplace. They prescribe facilities for the welfare of employees. The current workplace regulations replace regulations first introduced in 1993. These regulations distinguished between workplaces used prior to 1st January 1993, which are subject to less onerous requirements and workplaces put […]
Building Regulations Some of the Workplace Regulations replicate building regulation standards. Building Regulations apply to new buildings and where there is any construction, alteration or a material change of use of an existing building. The Building Regulations specify building standards on a number of levels from standards of construction to minimum facilities. They lay down minimum standards in relation to […]
Food and Drink An adequate supply of drinking water must be provided and maintained at suitable points, conveniently accessible for employees. Suitable and adequate facilities for boiling water and taking meals must be provided and maintained. Taking a meal at any place which is likely to be a risk to health, safety and welfare, must be prohibited. Employees must have […]
Risk Assessment I Employers have an obligation to have systems to ensure the health, safety and welfare of their employees while at work. A risk assessment must be undertaken and acted on. A written safety statement must be prepared and made available. A safety representative must be appointed Every employer must identify the hazards in the place of work under […]
Safety Representatives I An employer must deploy one or more persons to be safety representatives. They may be labelled safety officers, safety representatives, occupational first aiders, et cetera. They play a supportive role in relation to occupational health and safety. Employees may, from time to time, select and appoint from amongst their number at their place of work a safety […]
Duties of Provider of Articles A person who designs manufactures, imports or supplies any article for use at work shall ensure, so far as is reasonably practicable, that the article is designed and constructed so as to be safe and without risk to health when properly used by a person at a place of work. It must comply with the […]
Duties of Employees I Health, safety and welfare legislation places personal responsibilities on employees, as well as on employers. Employees in this context include persons who are employees in the strict sense, together with certain other persons such as agency workers, persons receiving training and independent contractors who are under the control and supervision of the employer. Employees must comply […]
Duties of Manufacturers etc. The Health, Safety and Welfare at Work legislation places obligations on manufacturers and suppliers, importers of substances, plant, equipment and other things used in the workplace. These supplements the obligations that apply under the product liability directive regarding the safety of products. Manufacturers and importers must provide information on the safe use, installation, cleaning and maintenance […]
S.I. No. 136/2018 – European Union (Personal Protective Equipment) Regulations 2018 View SIAmendments ARRANGEMENT OF REGULATIONS PART 1 Preliminary and General 1. Citation and commencement. 2. Interpretation. 3. Designation. 4. Application. 5. Making available on market. PART 2 Obligations of Economic Operators 6. Obligations of manufacturers. 7. Authorised representatives. 8. Obligations of importers. 9. Obligations of distributors. 10. Cases […]
Overview of Health Surveillance I The Health, Safety and Welfare at Work Act obliges employers to review periodically, employees’ health so that any adverse changes in their health, that may be related to working conditions are identified as soon as possible. The extent of the obligation will depend on the nature of the business of industry and the risks involved. […]
Smoking Ban The smoking of tobacco products is prohibited in almost all places of work. It covers most indoor places of work. Prior to the general smoking ban, there were wide-ranging bans on smoking in the workplace. The general ban on smoking in public places now includes most places of employment. It is now more a matter of general public […]
Pregnancy and Breast-feeding The employer’s health, safety and welfare obligations in respect of pregnant employees are subject to pregnancy being notified. Where an employee notifies her pregnancy, certain obligations apply. A medical certificate is desirable. The obligations are in addition to those that apply under employment and other health safety and welfare at work legislation. A risk assessment, formal or […]
Employer’s Liability Overview Employers owe duties to take care for the health, safety and welfare of their employees. When a workplace accident occurs, it will often be attributed to the breach by the employer of his common law and / or statutory duties, in which case the employee must be compensated for the loss and damage that arises. In recent […]
Employer’s Liability The ordinary principles of negligence apply to workplace injuries and occupational diseases. The employer’s duty to take care is not usually an absolute duty. It is a duty to take reasonable care. Issues may also arise in relation to whether an employee’s injuries could not have been reasonably foreseeable. There are some instances of absolute duties arising where […]