Safety, Health and Welfare at Work Act 2005

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Regulations.

58.—(1) Subject to subsections (2) and (3), the Minister may—

(a) by regulations provide, subject to this Act, for any matter referred to in this Act as prescribed or to be prescribed,

(b) make regulations generally for the purposes of giving full effect to this Act, and

(c) without prejudice to the generality of paragraph (b), make regulations for or in respect of any of the matters set out in Schedule 7.

(2) Before making regulations under this Act (other than as a consequence of a proposal made by the Authority under section 57 ), the Minister—

(a) shall consult with the Authority, and

(b) may publish in such manner as the Minister thinks fit notice of the Minister's intention to do so and shall give persons desiring to make representations in relation to the proposed regulations a period of 21 days to do so.

(3) The Minister shall consult with the Authority before making regulations giving effect with modifications to any proposal made by the Authority under section 57 .

(4) Regulations under this Act may—

(a) contain any incidental, supplementary and consequential provisions that appear to the Minister to be necessary or expedient for the purposes of the regulations,

(b) apply either generally or to a specified class or classes of persons, places of work or work activities, article or substance or to any other matter that the Minister may consider to be appropriate,

(c) include different provisions in relation to different classes of persons, place of work or work activity, article or substance, and

(d) subject to subsection (5) and to any conditions that may be prescribed, exempt from all or any of the provisions of the relevant statutory provisions any specified class of work activity, employment, article or substance or any specified class of person or place of work, where, having regard to the class of work activity, employment, article, substance, person or place of work, the Minister is satisfied that the application of those provisions is unnecessary or impracticable and that adequate protective measures are in place.

(5) Regulations made under this Act may apply to all work activities or to particular work activities, and they may also relate to—

(a) one or more chemical, physical or biological agents,

(b) the classification, packaging, labelling, marketing or use of any article or substance,

(c) the control of major accident hazards,

(d) the storage or transport of dangerous substances, or

(e) factories, the extractive industries, office premises or to boilers.

(6) Without prejudice to the generality of subsections (1) and (4), regulations under this Act may apply to—

(a) employers or other persons who control places of work or specified places of work,

(b) employees or a particular class of employees,

(c) all work activities or particular work activities,

(d) designers, manufacturers, sellers or suppliers (or any classes thereof) of articles, substances or personal protective clothing or equipment (or any classes thereof),

(e) a specified article or substance or an article or substance of a particular class.

(7) Regulations made under this Act may incorporate, adopt, apply or make prescriptions by reference to, with or without modification, any code of practice issued by the Authority in accordance with section 60 .

(8) The provisions of this section shall be deemed to have been in operation on the commencement of section 28 of the Act of 1989 and to have been incorporated in that section from that date and every regulation made in exercise of the powers under that section and not revoked before the commencement of this section shall be deemed to have been made in the exercise of the powers under the provisions of that section, including the provisions of this section deemed to have been incorporated in that section by this subsection.

(9) Every regulation or order (other than an order made under section 1 (2)) under this Act shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulation or order.

(10) The power to make regulations under this section includes power to make provision by regulations to give effect to either—

(a) any provision of the treaties of the European Communities, or

(b) any act adopted by an institution of the European Communities, which regulates any of the matters set out in Schedule 7 .