S.I. No. 132/1995 - Safety, Health and Welfare At Work (Signs) Regulations, 1995.

S.I. No. 132 of 1995.

SAFETY, HEALTH AND WELFARE AT WORK (SIGNS) REGULATIONS, 1995.

INDEX

1. Citation and Commencement.

2. Application.

3. Interpretation.

4. Duties of Employers.

5. Information and Instruction for Employees.

6. Consultation and Participation of Employees.

7. Compliance with the Requirements of the Schedules.

8. Revocation.

SCHEDULES

S.I. No. 132 of 1995.

SAFETY, HEALTH AND WELFARE AT WORK (SIGNS) REGULATIONS, 1995.

I, EITHNE FITZGERALD, Minister of State at the Department of Enterprise and Employment, in exercise of powers conferred on me by section 28 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989) in relation to the matters set out in paragraph (20) of the Fourth Schedule of that Act, and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), and the Enterprise and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1995 ( S.I. No. 43 of 1995 ), and for the purpose of giving effect to Council Directive No. 92/58 EEC¹, and after consultation with the National Authority for Occupational Safety and Health, hereby make the following Regulations:—

1 Citation and Commencement.

1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Signs) Regulations, 1995.

(2) These Regulations shall come into operation on the 1st day of June, 1995.

2 Application.

2. (1) Subject to Regulation 4, these Regulations shall apply to every place of work.

(2) These Regulations shall not apply to signs used for the placing on the market of dangerous substances and preparations, products or equipment except to the extent that any other enactment relating to the use of such signs may refer to these Regulations.

(3) Subject to Regulation 4(2), these Regulations shall not apply to signs used for regulating road, rail, inland waterway, sea or air transport.

3 Interpretation.

3. (1) In these Regulations—

"acoustic signal" means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;

¹OJ No. L245, 26-8-1992, p. 23.

"Act of 1989" means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989);

"Council Directive" means Council Directive No. 92/58/EEC;

"emergency escape or first-aid sign" means a sign giving information on emergency exits or first-aid or rescue facilities;

"hand signal" means a movement or position (or both) of the arm or hands (or both), in coded form, for guiding persons who are carrying out manoeuvres which constitute a hazard or danger for workers;

"illuminated sign" means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;

"information sign" means a sign providing information other than that referred to in prohibition, warning, mandatory or emergency escape or first-aid signs;

"mandatory sign" means a sign prescribing specific behaviour;

"prohibition sign" means a sign prohibiting behaviour likely to incur or cause danger;

"relevant code of practice" means any code of practice issued or approved by the Authority in accordance with Section 30 of the Act of 1989 and which deals with matters to which these Regulations apply;

"safety colour" means a colour to which a specific meaning is assigned;

"safety or health signs" means signs referring to a specific object, activity or situation and providing information or instructions about safety or health (or both) at work by means of a signboard, a colour, an illuminated sign, an acoustic signal, a verbal communication or a hand signal;

"signboard" means a sign which provides specific information or instructions by a combination of a geometric shape, colours and a symbol or pictogram which is rendered visible by lighting of sufficient intensity;

"supplementary signboard" means a signboard used together with a signboard and which gives supplementary information;

"symbol or pictogram" means a figure which describes a situation or prescribes specific behaviour and which is used on a signboard or illuminated surface;

"the Principal Regulations" means the Safety, Health and Welfare at Work (General Application) Regulations, 1993 ( S.I. No. 44 of 1993 );

"verbal communication" means a predetermined spoken message communicated by a human or artificial voice;

"warning sign" means a sign giving warning of a hazard or danger.

(2) In these Regulations a reference to a paragraph is to a paragraph in the Regulation in which the reference occurs, unless it is indicated that reference to some other Regulation is intended, and a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other Regulation or Schedule is intended.

(3) A word or expression which is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Directive.

(4) The provisions of Part I, except Regulation 4 (1), and of Part II of the Principal Regulations shall apply to the application of the provisions of these Regulations.

4 Duties of Employers.

4. (1) It shall be the duty of every employer to—

( a ) provide safety or health signs (or both) where hazards cannot be avoided or adequately reduced by techniques for collective protection or measures, methods or procedures used in the organisation of work, and to ensure that such signs are in place,

( b ) have regard to any risk assessment made under Regulation 10 of the Principal Regulations when determining whether or not to provide a sign under paragraph (a).

(2) Where at a place of work there is a risk to the safety or health of any employee arising from the presence or movement of traffic, involving road, rail, inland waterway, sea or air transport, and there is an appropriate sign prescribed under any enactment regulating such transport in relation to such risk, an employer shall use that sign whether or not the provisions of that enactment apply to that place of work.

5 Information and Instruction for Employees.

5. (1) Without prejudice to the provisions of Regulations 11 and 13 of the Principal Regulations, it shall be the duty of every employer to—

( a ) provide information to his employees or safety representative (or both) as regards measures to be taken concerning safety or health signs used at work, and

( b ) give his employees suitable instruction, in particular in the form of specific directions concerning the safety or health signs used at work, which shall include the meaning of the signs, (especially signs incorporating words) and the general and specific behaviour to be adopted in relation to those signs.

(2) Signs at work which are displayed for the purposes of these Regulations shall not include information other than that authorised by these Regulations.

6 Consultation and participation of Employees.

6. Without prejudice to the provisions of Regulation 12 of the Principal Regulations, it shall be the duty of every employer in consulting his employees or safety representative on matters of safety and health to ensure that such consultation is held in good time before the implementation of measures proposed to be taken in the place of work under these Regulations.

7 Compliance with the Requirements of the Schedules.

7. (1) It shall be the duty of every employer to ensure that a safety or health sign used at work for the first time after the 1st day of June, 1995, satisfies the requirements set out in the Schedules.

(2) It shall be the duty of every employer to ensure that a safety or health sign already used at work on or before the 1st day of June, 1995, satisfies the requirements set out in the Schedules not later than the 1st day of December, 1996.

8 Revocation.

8. The European Communities (Safety Signs at Places of Work) Regulations, 1980 ( S.I. No. 402 of 1980 ), are hereby revoked.

SCHEDULE 1

Regulation 7

General Minimum Requirements Concerning Safety and/or Health Signs at Work

1. Types of signs

1.1. Permanent signs

1.1.1. Permanent signboards shall be used for signs relating to prohibitions, warnings and mandatory requirements and the location and identification of emergency escape routes and first-aid facilities.

Signboards or a safety colour (or both) shall be used to mark permanently the location and identification of fire-fighting equipment.

1.1.2. Signboards on containers and pipes shall be placed as laid down in Schedule 3.

1.1.3. Places where there is a risk of colliding with obstacles or of falling shall be permanently marked with a safety colour or with signboards (or both).

1.1.4. Traffic routes shall be permanently marked with a safety colour.

1.2. Occasional signs

1.2.1. Illuminated signs, acoustic signals or verbal communication (or both) shall be used where the occasion requires, taking into account the possibilities for interchanging and combining signs set out in Paragraph 2, to signal danger, to call persons to take a specific course of action and for the emergency evacuation of persons.

1.2.2. Hand signals or verbal communication (or both) shall be used where the occasion requires, to guide persons carrying out hazardous or dangerous manoeuvres.

2. Interchanging and combining signs

2.1. Any one of the following may be used if equally effective—

— a safety colour or a signboard to mark places where there is an obstacle or a drop,

— illuminated signs, acoustic signals or verbal communication,

— hand signals or verbal communication.

2.2. Some types of signs may be used together—

— illuminated signs and acoustic signals,

— illuminated signs and verbal communication,

— hand signals and verbal communication.

3. The instructions in the table below apply to all signs incorporating a safety colour—

4. The effectiveness of a sign shall not be adversely affected by:

4.1. the presence of another emission source of the same type which interferes with visibility or audibility; therefore, in particular:—

4.1.1. the placing of too many signs too close together shall be avoided;

4.1.2. two illuminated signs which are likely to be confused shall not to be used at the same time;

4.1.3. an illuminated sign shall not be used in the proximity of another similar illuminated source;

4.1.4. two acoustic signals shall not be used at the same time;

4.1.5. an acoustic signal shall not be used if there is too much ambient noise;

4.2. poor design, insufficient number, incorrect positioning, poor state of repair or incorrect functioning of the signs or signalling devices.

5. Depending on requirements, signs and signalling devices shall be cleaned, maintained, checked, repaired, and if necessary replaced on a regular basis to ensure that they retain their intrinsic or functional qualities (or both).

6. The number and positioning of signs or signalling devices to be installed will depend on the extent of the hazards or dangers or on the zone to be covered.

7. Signs requiring some form of power shall be provided with a guaranteed emergency supply in the event of a power cut, unless the hazard has thereby been eliminated.

8. The triggering of an illuminated sign or acoustic signal (or both) indicates when the required action should start and the sign or signal shall be activated for as long as the action requires.

Illuminated signs and acoustic signals shall be reactivated immediately after use.

9. Illuminated signs and acoustic signals shall be checked to ensure that they function correctly and that they are effective before they are put into service and subsequently at sufficiently frequent intervals.

10. If the hearing or the sight of the persons concerned is impaired, including impairment caused by the wearing of personal protective equipment, measures shall be taken to supplement or replace the signs concerned.

11. Areas, rooms or enclosures used for storage of significant quantities of dangerous substances or preparations shall be indicated by a suitable warning sign taken from paragraph 3.2 of Schedule 2, or marked as provided in paragraph 1 of Schedule 3, unless the labelling of the individual packages or containers is adequate for this purpose.

SCHEDULE 2

Regulation 7

Minimum General Requirements Concerning Signboards

1. Intrinsic features

1.1. The shape and colours are set out in paragraph 3, in accordance with their specific object (signboards indicating a prohibition, a warning, a mandatory action, an escape route, an emergency or fire-fighting equipment).

1.2. Pictograms shall be as simple as possible and shall contain only essential details.

1.3. The pictograms used may be slightly different from or more detailed than those shown in paragraph 3, provided that they convey the same meaning and that no difference or adaptation obscures the meaning.

1.4. Signboards shall be made of shock and weather-resistant material suitable for the surrounding environment.

1.5. The dimensions and colorimetric and photometric features of signboards shall be such that they can be easily seen and understood.

2. Conditions of use

2.1. Signboards shall be installed at a suitable height and in a position appropriate to the line of sight, taking account of any obstacles, either at the access point to an area in the case of a general hazard, or in the immediate vicinity of a specific hazard or object, and in a well-lit and easily accessible and visible location.

Without prejudice to the provisions of Part III of the Principal Regulations, phosphorescent colours, reflective materials or artificial lighting shall be used where the level of natural light is poor.

2.2. The signboard shall be removed when the situation to which it refers ceases to exist.

3. Signboards to be used

3.1. Prohibitory signs

Intrinsic features—

— round shape

— black pictogram on white background, red edging and diagonal line (the red part to take up at least 35% of the area of the sign).

3.2. Warning signs

Intrinsic features:

— triangular shape

— black pictogram on a yellow background with black edging (the yellow part to take up at least 50% of the area of the sign).

in the absence of a specific sign for high temperature

3.3 Mandatory signs

Intrinsic features:

— round shape

— white pictogram on a blue background (the blue part to take up at least 50% of the area of the sign.)

(*) Pictogram laid down in Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from the risks related to exposure to biological agents at work (Seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) OJ NO. L374, 31.12.1990, p.1.

(**) The background on this sign may exceptionally be amber if justified in order to differentiate it from a similar road safety sign.

3.4. Emergency escape or first-aid signs

Intrinsic features:

— rectangular or square shape

— white pictogram on a green background (the green part to take up at least 50% of the area of the sign.)

3.5. Fire-fighting signs

Intrinsic features:

— rectangular or square shape

— white pictogram on a red background (the red part to take up at least 50% of the area of the sign.)

SCHEDULE 3

Regulation 7

Minimum Requirements Governing Signs on Containers and Pipes

1. Containers used at work for dangerous substances or preparations defined in the European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 1994 ( S.I. No. 77 of 1994 ) and the European Communities (Classification, Packaging and Labelling of Dangerous Preparations) Regulations, 1992 ( S.I. No. 393 of 1992 ) and containers used for the storage of such dangerous substances or preparations, together with the visible pipes containing or transporting dangerous substances and preparations, shall be labelled (pictogram or symbol against a coloured background) in accordance with those Regulations.

Paragraph 1 shall not apply to containers used at work for brief periods nor to containers whose contents change frequently, provided that alternative adequate measures are taken, in particular for information or training (or both), which guarantee the same level of protection.

The labels referred to in paragraph 1 may be—

( a ) replaced by warning signs as provided for in Schedule 2, using the same pictograms or symbols,

( b ) supplemented by additional information, such as the name or formula (or both) of the dangerous substance or preparation and details of the hazard,

( c ) for the transporting of containers at the place of work, supplemented or replaced by signs applicable throughout the European Union for the transport of dangerous substances or preparations.

2. Signs shall be mounted as follows—

( a ) on visible sides,

( b ) in unpliable, self-adhesive or painted form.

3. Where appropriate, the signs referred to in paragraph 1 of this Schedule shall have the intrinsic features defined in paragraph 1.4. of Schedule 2 and shall fulfil the conditions of use for signboards laid down in paragraph 2 of Schedule 2.

4. Without prejudice to paragraphs 1, 2 and 3, the labels used on pipes shall be positioned visibly in the vicinity of the most dangerous points, such as valves and joints, and at reasonable intervals.

5. Areas, rooms or enclosures used for the storage of significant quantities of dangerous substances or preparations shall be indicated by a suitable warning sign taken from paragraph 3.2 of Schedule 2, or marked as provided in paragraph 1 of Schedule 3, unless the labelling of the individual packages or containers is adequate for this purpose, taking into account Schedule 2, paragraph 1.5 with regard to dimensions.

Stores of a number of dangerous substances or preparations may be indicated by the warning sign for general danger.

The signs or labels referred to above must be positioned, as appropriate, near the storage area or on the door leading into the storage room.

SCHEDULE 4

Regulation 7

Minimum Requirements for the Identification and Location of Fire-Fighting Equipment

1. This Schedule applies to equipment used exclusively for fire-fighting purposes.

2. Fire-fighting equipment shall be identified by using a specific colour for the equipment and placing a location signboard, or by using a specific colour (or both) for the places where such equipment is kept, or their access points.

3. For the purposes of paragraph 2 the specific colour shall be red.

The red area shall be sufficiently large to allow the equipment to be identified easily.

4. The signboards provided for in paragraph 3.5 of Schedule 2 shall be used to mark the locations of this equipment.

SCHEDULE 5

Regulation 7

Minimum Requirements Governing Signs used for Obstacles and Dangerous Locations and for Marking Traffic Routes

1. Signs for obstacles and dangerous locations

1.1 Places where there is a risk of colliding with obstacles, of falling or of objects falling shall be marked with alternating yellow and black, or red and white stripes in built up zones in the place of work to which employees have access during their work.

1.2. The dimensions of the markings shall be commensurate with the scale of the obstacle or dangerous location in question.

1.3. The yellow and black or red and white stripes shall be at an angle of approximately 45° and of more or less equal size.

1.4. Example:

2. Marking of traffic routes

2.1. Where the use and equipment of rooms so requires for the protection of persons, traffic routes for vehicles shall be clearly identified by continuous stripes in a clearly visible colour, preferably white or yellow, taking into account the colour of the ground.

2.2. The stripes shall be located so as to indicate the necessary safe distance between the vehicles and any object which may be nearby, and between pedestrians and vehicles.

2.3. Permanent traffic routes in built-up areas outdoors shall, as far as is practicable, be similarly marked, unless they are provided with suitable barriers or pavements.

SCHEDULE 6

Regulation 7

Minimum Requirements for Illuminated Signs

1. Intrinsic features

1.1. The light emitted by a sign shall produce a luminous contrast which is appropriate to its environment, in accordance with the intended conditions of use of the sign, but without producing glare or an excessive amount of light or poor visibility as a result of insufficient light.

1.2. The luminous area emitting a sign may be of a single colour or contain a pictogram on a specified background.

1.3. The single colour shall correspond to the table of colours and their meanings set out in paragraph 3 of Schedule 1.

1.4. When the sign contains a pictogram, it shall comply with all the relevant requirements of Schedule 2.

2. Specific rules governing use

2.1. If a device can emit both continuous and intermittent signs, the intermittent sign shall be used to indicate a higher level of danger or a more urgent need for the requested or required intervention or action than is indicated by the continuous sign.

The duration of each flash and the frequency of the flashes of an intermittent illuminated sign shall be such as to

— ensure the proper perception of the message, and

— avoid any confusion either between different illuminated signs or with a continuous illuminated sign.

2.2. If a flashing sign is used instead of or together with an acoustic signal, identical codes shall be used.

2.3. Devices for emitting flashing signs in the event of grave danger shall be under special surveillance or be fitted with an auxiliary lamp.

SCHEDULE 7

Regulation 7

Minimum Requirements for Acoustic Signs

1. Intrinsic features

1.1. Acoustic signals shall:

( a ) have a sound level which is considerably higher than the level of ambient noise, so that it is audible without being excessive or painful;

( b ) be easily recognisable, particularly in terms of pulse length and the interval between pulses or groups of pulses, and be clearly distinct from any other acoustic signal and ambient noises.

1.2. If a device can emit an acoustic signal at variable and constant frequencies, the variable frequency shall be used to indicate a higher level of danger or a more urgent need for the requested or imposed intervention or action in relation to the stable frequency.

2. Code

The signal for evacuation shall be continuous.

SCHEDULE 8

Regulation 7

Minimum Requirements for Verbal Communication

1. Intrinsic features

1.1. Verbal communication between a speaker or emitter and one or more hearers shall take the form of (sometimes coded) short texts, phrases, groups of words or individual words.

1.2. Spoken messages shall be short, simple and clear as possible and in a language understood by the persons involved; the verbal skills of the speaker and the hearing abilities of hearers shall be such as to ensure reliable verbal communication.

1.3. Verbal communication may be direct (by means of the human voice) or indirect (by means of a human or artificial voice which is broadcast by whatever means is appropriate).

SCHEDULE 9

Regulation 7

Minimum Requirements for Hand Signals

1. Features

Hand signals shall be precise, simple, expansive, easy to make and to understand, and clearly distinct from other such signals.

Where both arms are used at the same time, they shall be moved symmetrically and for giving one sign only.

Without prejudice to other codes applicable at European Union level, used for the same manoeuvres in certain sectors, hand signals used shall be consistent with any relevant code of practice.

2. Specific rules governing use

2.1. The person giving the signs, hereinafter referred to as the 'signaller', shall use arm or hand movements to give manoeuvring instructions to the person receiving the signs, hereinafter referred to as the 'operator'.

2.2. The signaller shall be able to monitor all manoeuvres visually without being endangered thereby.

2.3. The signaller's duties shall consist exclusively of directing manoeuvres and ensuring the safety of persons in the vicinity.

2.4. If the conditions described in paragraph 2.2. are not fulfilled, one or more extra signallers shall be deployed.

2.5. The operator shall interrupt the ongoing manoeuvre in order to request new instructions if unable to carry out the orders received with the necessary safety guarantees.

2.6. Accessories:

The operator shall be able to recognise the signaller without difficulty.

The signaller shall wear one or more appropriate distinctive items, e.g. jacket, helmet, sleeves or armbands, or carry bats.

The distinctive items shall be brightly coloured, preferably all of the same colour and for the exclusive use of signallers.

GIVEN under my Hand, this 29th day of May, 1995.

EITHNE FITZGERALD T.D.,

Minister of State at the Department of

Enterprise and Employment.

EXPLANATORY NOTE.

These Regulations implement Council Directive 92/58/EEC on the minimum requirements for the provision of safety and/or health signs at work.

In contrast with the European Communities (Safety Signs at Places of Work) Regulations, 1980 (which are now revoked and which only required that if and when safety signs were used at work they should conform to specified standards) these Regulations require employers to use a safety sign wherever there is a risk that cannot be adequately controlled by other means.

The provisions of the Regulations extend to all places and they relate to signs referring to a specific object, activity or situation which provide information or instructions about safety and/or health at work by means of a signboard, a colour, an illuminated sign, an acoustic signal, a verbal communication or a hand signal.