Safety, Health and Welfare At Work Act, 1989

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Number 7 of 1989

SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

General Duties

PART III

National Authority for Occupational Safety and Health

PART IV

Regulations and Codes of Practice

PART V

Enforcement

PART VI

Obtaining and Disclosure of Information

PART VII

Special Reports and Inquiries

PART VIII

Offences, Penalties and Legal Proceedings

PART IX

Miscellaneous

FIRST SCHEDULE

National Authority for Occupational Safety and Health

SECOND SCHEDULE

PART I

Existing Enactments

PART II

Regulations made under the European Communities Act, 1972, which are Existing Enactments

THIRD SCHEDULE

Associated Statutory Provisions

FOURTH SCHEDULE

Regulations

FIFTH SCHEDULE

Repeal and Revocation of Certain Provisions of the Existing Enactments Relating to Penalties

PART I

Repeal of Statutes

PART II

Revocation of Statutory Instruments

Number 7 of 1989

SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

AN ACT TO MAKE FURTHER PROVISION FOR SECURING THE SAFETY, HEALTH AND WELFARE OF PERSONS AT WORK, FOR PROTECTING OTHERS AGAINST RISKS TO SAFETY OR HEALTH IN CONNECTION WITH THE ACTIVITIES OF PERSONS AT WORK, FOR THE ESTABLISHMENT OF A NATIONAL AUTHORITY FOR OCCUPATIONAL SAFETY AND HEALTH, TO PROVIDE FOR THE REPEAL OF CERTAIN ENACTMENTS, TO PROVIDE FOR THE FURTHER REGULATION OF DANGEROUS SUBSTANCES IN SO FAR AS THEY MAY AFFECT PERSONS OR PROPERTY AND FOR MATTERS CONNECTED WITH THE AFORESAID. [19th April, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Safety, Health and Welfare at Work Act, 1989.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act and an order under this subsection may provide for the commencement of section 4 (3) upon different days as respects different existing enactments and different provisions of existing enactments.

Interpretation.

2.—(1) In this Act—

“article” includes—

(a) any plant, machinery, apparatus and equipment for use or operation (whether exclusively or not) by persons at work, and

(b) any article designed for use as a component in any such plant, machinery, apparatus or equipment;

“associated statutory provisions” means the provisions of the enactments specified in the third column of the Third Schedule together with the instruments made under them for the time being in force;

“the Authority” means the National Authority for Occupational Safety and Health established by section 15 ;

“code of practice” includes a standard, a specification, and any other written or illustrated form of practical guidance, instruction or control, issued or approved of in accordance with section 30 ;

“contract of employment” means a contract of employment or service or of apprenticeship, whether it is expressed or implied and (if it is express) whether it is oral or in writing;

“employee” means a person who has entered into or works (or in the case of a contract which has been terminated, worked) under a contract of employment with an employer;

“employer” in relation to an employee, means the person by whom the employee is employed under a contract of employment; for the purpose of this definition a person holding office under or in the service of the State or of the Government shall be deemed to be employed by the State or the Government (as the case may be) and an officer or servant of a local authority or of a harbour authority, health board or vocational education committee shall be deemed to be employed by the local authority, harbour authority, health board or vocational education committee (as the case may be);

“enforcing agency” means a body prescribed to be an enforcing agency under section 32 ;

“establishment day” means the day appointed by the Minister under section 14 to be the establishment day;

“existing enactments” means the enactments specified in Part I of the Second Schedule , and any instruments under them, for the time being in force; and the regulations under the European Communities Act, 1972, for the time being in force specified in Part II of the said Second Schedule ;

“functions” includes powers and duties;

“improvement notice” means a notice under section 36 ;

“improvement plan” means a plan under section 35 ;

“inspector” means an inspector authorised under section 33 ;

“local authority” includes—

(a) the council of a county,

(b) the corporation of a county borough, or

(c) the Corporation of Dún Laoghaire,

and such local authority shall exercise its functions under this Act within its functional area;

“micro-organism” includes any microscopic biological entity which is capable of replication;

“the Minister” means the Minister for Labour;

“occupational medical adviser” means a person designated under section 34 (4) to be an occupational medical adviser;

“personal injury” includes any disease and any impairment of a person's physical or mental condition;

“place of work” includes any place, land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise and in particular includes—

(a) a premises,

(b) an installation on land and any offshore installation (including any offshore installation to which the Safety, Health and Welfare (Offshore Installations) Act, 1987 , applies),

(c) a tent, temporary structure or movable structure, and

(d) a vehicle, vessel or aircraft;

“prescribed” means prescribed by regulations made under this Act by the Minister except in sections 36 (3), 37 (6) (a) and 42 (4) (a) where it means prescribed by regulations made under this Act by the Minister for Justice in consultation with the Minister;

“prohibition notice” means a notice under section 37 ;

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the Authority for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of employees;

“relevant statutory provisions” means existing enactments and the provisions of this Act and any instrument made under it for the time being in force;

“safety representative” means a safety representative appointed under section 13 ;

“safety statement” has the meaning assigned to it by section 12 ;

“self-employed person” means a person who works for profit or gain otherwise than under a contract of employment, whether or not he himself employs other persons;

“substance” includes any natural or artificial substance, preparation or agent in solid or liquid form or as a gas or vapour or as a micro-organism;

“use” in so far as any article is concerned includes the manufacture, supply, operation, setting, repair, cleaning and maintenance of such articles; and in so far as any substance is concerned, includes any manufacture, process, operation, storage, treatment, mixing, packing, conveyance, supply, handling, filling or emptying, loading and unloading of such substance.

(2) (a) In this Act a reference to a section or a Schedule is to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended;

(b) in this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended; and

(c) a reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

(3) References to an inspector in sections 35 , 36 and 37 shall, in any case in which the enforcing agency is a local authority, be construed as a reference to that local authority.

Service of notices, etc.

3.—(1) Any document (including any summons, notice or order) required or authorised to be served, sent or given under the relevant statutory provisions on or to any person may be served or sent in some one of the following ways—

(a) where it is addressed to him by name, by delivering it to such person, or in the case of a partnership by delivery to any of the partners;

(b) by leaving it at the address at which he ordinarily resides;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, or in a case in which an address for service has been furnished, at that address;

(d) where the address at which such person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any place of work, by delivering it to a person over the age of sixteen years of age resident in or employed at a place of work or by affixing it in a conspicuous position on or near the place of work.

(2) Any document (including any summons, notice or order) required or authorised to be served or sent under the relevant statutory provisions may be served on or sent to a body, whether corporate or unincorporated—

(a) by leaving it at, or sending it by post in a prepaid registered letter to, the registered office (if any) of the body;

(b) by leaving it at, or sending it by post in a prepaid registered letter to, any place at which the body conducts business; or

(c) by sending it by post in a prepaid registered letter to any person who is a director, manager, secretary or other officer of the body or is purporting to act in any such capacity at the place where he ordinarily resides or by leaving it at that place.

Repeals.

4.—(1) The following provisions of the existing enactments are hereby repealed—

(a) section 113 of the Factories Act, 1955, section 42 of the Office Premises Act, 1958 , section 149 of the Mines and Quarries Act, 1965 , and section 60 of the Dangerous Substances Act, 1972, from the coming into operation of section 3 of this Act;

(b) section 125(1) of the Factories Act, 1955, section 46 of the Office Premises Act, 1958 , section 65(1) of the Dangerous Substances Act, 1972, and sections 15 (1) and (2) of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 9 of this Act;

(c) section 9 of the Safety in Industry Act, 1980, from the coming into operation of section 10 of this Act;

(d) section 39 of the Safety in Industry Act, 1980, and section 26 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 12 of this Act;

(e) section 73 of the Factories Act, 1955, sections 35, 36, 37 and 38 of the Safety in Industry Act, 1980, and sections 23 , 24 and 25 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 13 of this Act;

(f) section 127 of the Factories Act, 1955, section 49 of the Safety in Industry Act, 1980, section 24 of the Office Premises Act, 1958 , section 151 of the Mines and Quarries Act, 1965 , and section 2 of the Dangerous Substances (Amendment) Act, 1979, from the coming into operation of section 17 of this Act;

(g) sections 93 to 95 of the Factories Act, 1955, sections 27 to 29 of the Office Premises Act, 1958 , sections 130 and 131 of the Mines and Quarries Act, 1965 , sections 39 and 40 of the Dangerous Substances Act, 1972, and section 53 of the Safety in Industry Act, 1980, from the coming into operation of sections 33 and 34 of this Act;

(h) section 11 of the Safety in Industry Act, 1980, and section 132 of the Mines and Quarries Act, 1965 , from the coming into operation of section 37 of this Act;

(i) section 78 of the Factories Act, 1955, sections 103 and 104 of the Mines and Quarries Act, 1965 , sections 29 and 30 of the Dangerous Substances Act, 1972, and section 31 of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of sections 46 and 47 of this Act;

(j) section 110 of the Factories Act, 1955, section 55(1) of the Dangerous Substances Act, 1972, section 39 of the Office Premises Act, 1958 , section 55 of the Safety in Industry Act, 1980, and section 37 (1) of the Safety, Health and Welfare (Offshore Installations) Act, 1987 , from the coming into operation of section 51 of this Act;

(k) section 111 of the Factories Act, 1955, and section 40 of the Office Premises Act, 1958 , from the coming into operation of section 52 of this Act;

(l) section 112 of the Factories Act, 1955, and section 41 of the Office Premises Act, 1958 , from the coming into operation of section 53 of this Act;

(m) section 114 of the Factories Act, 1955, and section 150 of the Mines and Quarries Act, 1965 , from the coming into operation of section 54 of this Act.

(2) From the coming into operation of section 49 the existing enactments mentioned in the second column of the Fifth Schedule (relating to penalties) are hereby repealed or revoked as the case may single be to the extent specified in the third column thereof.

(3) The existing enactments (other than those referred to in subsections (1) and (2) and those set out in Part II of the Second Schedule ) are hereby repealed.

Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II

General Duties

General duties of employers to their employees.

6.—(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his employees.

(2) Without prejudice to the generality of an employer's duty under subsection (1), the matters to which that duty extends include in particular—

(a) as regards any place of work under the employer's control, the design, the provision and the maintenance of it in a condition that is, so far as is reasonably practicable, safe and without risk to health;

(b) so far as is reasonably practicable, as regards any place of work under the employer's control, the design, the provision and the maintenance of safe means of access to and egress from it;

(c) the design, the provision and the maintenance of plant and machinery that are, so far as is reasonably practicable, safe and without risk to health;

(d) the provision of systems of work that are planned, organised, performed and maintained so as to be, so far as is reasonably practicable, safe and without risk to health;

(e) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the safety and health at work of his employees;

(f) in circumstances in which it is not reasonably practicable for an employer to control or eliminate hazards in a place of work under his control, or in such circumstances as may be prescribed, the provision and maintenance of such suitable protective clothing or equipment, as appropriate, that are necessary to ensure the safety and health at work of his employees;

(g) the preparation and revision as necessary of adequate plans to be followed in emergencies;

(h) to ensure, so far as is reasonably practicable, safety and the prevention of risk to health at work in connection with the use of any article or substance;

(i) the provision and the maintenance of facilities and arrangements for the welfare of his employees at work; and

(j) the obtaining, where necessary, of the services of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety and health at work of his employees.

(3) For the purposes of this section, a person who is undergoing training for employment or receiving work experience, other than when pursuing 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 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 construed accordingly.

General duties of employers and self-employed to persons other than their employees.

7.—(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not exposed to risks to their safety or health.

(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not exposed to risks to their safety or health.

(3) In such cases as may be prescribed, it shall be the duty of every employer and self-employed person, in the prescribed circumstances, and in the prescribed manner to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way he conducts his undertaking as might affect their safety or health.

General duties of persons concerned with places of work to persons other than their employees.

8.—(1) This section has effect for imposing on persons duties in relation to those who are not their employees but who are either the employees of another person or are self-employed and who for the purposes of carrying out work use a non-domestic place of work made available to them or in which they may for the purposes of carrying out work use any article or substance provided for their use there, and it applies to places of work so made available and other non-domestic places of work used in connection with them.

(2) It shall be the duty of each person who has control, to any extent, of any place of work or any part of any place of work to which this section applies or of the means of access thereto or egress therefrom or of any article or substance in such place of work to take such measures as is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the place of work, all means of access thereto, or egress therefrom available for use by persons using the place of work, and any article or substance in the place of work or, as the case may be, provided for use therein, is or are safe and without risks to health.

(3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent as to—

(a) the maintenance or repair of any place of work to which this section applies or any means of access thereto or egress therefrom; or

(b) the safety of or the absence of risk to health arising from any article or substance in any such place of work;

that person shall be treated, for the purposes of subsection (2), as being a person who has control of the matters to which his obligation extends.

(4) Any reference in this section to a person having control of any place of work or matter is a reference to a person having control of the place of work or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

General duties of employees.

9.—(1) It shall be the duty of every employee while at work—

(a) to take reasonable care for his own safety, health and welfare and that of any other person who may be affected by his acts or omissions while at work;

(b) to co-operate with his employer and any other person to such extent as will enable his employer or the other person to comply with any of the relevant statutory provisions;

(c) to use in such manner so as to provide the protection intended, any suitable appliance, protective clothing, convenience, equipment or other means or thing provided (whether for his use alone or for use by him in common with others) for securing his safety, health or welfare while at work; and

(d) to report to his employer or his immediate supervisor, without unreasonable delay, any defects in plant, equipment, place of work or system of work, which might endanger safety, health or welfare, of which he becomes aware.

(2) No person shall intentionally or recklessly interfere with or misuse any appliance, protective clothing, convenience, equipment or other means or thing provided in pursuance of any of the relevant statutory provisions or otherwise, for securing the safety, health or welfare of persons arising out of work activities.

General duties of designers, manufacturers, etc., as regards articles and substances for use at work.

10.—(1) It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work—

(a) to ensure, so far as is reasonably practicable, that the article is designed, constructed, tested and examined so as to be safe and without risk to health when used by a person at a place of work;

(b) to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which it is designed or has been tested, and about any conditions relating to the article so as to ensure that, when in use, dismantled or disposed of, it will be safe and without risk to health; and

(c) to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of paragraph (b) as are necessary by reason of its becoming known that anything relating to the article gives rise to a serious risk to safety or health.

(2) It shall be the duty of any person who undertakes the design or manufacture of any article for use at work to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the design or article may give rise.

(3) It shall be the duty of any person who erects or installs any article for use at a place of work where that article is to be used by persons at work to ensure, so far as is reasonably practicable, that nothing about the way in which the article is erected or installed makes it unsafe, or a risk to health when in use at a place of work.

(4) It shall be the duty of any person who manufactures or imports or supplies any substance—

(a) to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health when it is being used by a person at a place of work;

(b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by paragraph (a) and whenever requested by an inspector provide or cause to be provided to him evidence, including documentary evidence of such testing and examination;

(c) to take such steps as are necessary to ensure that persons supplied by that person with the substance are provided with adequate information about any risk to safety or health to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risk to health when the substance is being used or being disposed of.

(5) It shall be the duty of any person who undertakes the manufacture of any substance, or in a case where the manufacture was undertaken outside the State it shall be the duty of the importer, to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to safety or health to which the substance may give rise when in use.

(6) Nothing in the preceding provisions of this section shall be construed as requiring a person to repeat any testing, examination or research which has been carried out otherwise than by him or at his instance, in so far as it is reasonable for him to rely on the results thereof, for the purposes of those provisions.

(7) Any duty imposed on a person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control.

(8) Where a person designs, manufactures, imports or supplies an article for use at work and does so for or to another person on the basis of a written undertaking by that other person to take specified steps that are sufficient to ensure, so far as is reasonably practicable, that the article shall be safe and without risks to health when it is being used at a place of work, the said undertaking shall have the effect of relieving the first mentioned person from the duty imposed by virtue of paragraph (a) of subsection (1) to such extent as is reasonable having regard to the terms of the said undertaking.

(9) Nothing in subsections (7) or (8) shall relieve any person who imports any article or substance from any duty in respect of anything which—

(a) in the case of an article designed outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or

(b) in the case of an article or substance manufactured outside the State, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.

(10) Where a person (hereinafter referred to in this subsection as “the supplier”) supplies, including hires or leases, to another person (hereinafter referred to in this subsection as “the customer”) any article or substance for use at work, under a hire-purchase agreement, a leasing agreement or credit-sale agreement, and the supplier—

(a) carried on the business of financing the acquisition of goods by others by means of such agreements, and

(b) in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third party (hereinafter referred to in this subsection as “the dealer”),

the dealer and not the supplier, shall be treated for the purposes of this section as supplying the article or substance to the customer, and any duty imposed by this section on suppliers shall, accordingly, fall on the dealer and not on the supplier.

(11) For the purposes of this section an absence of safety or risk to health shall be disregarded in so far as the case is or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsections (1) or (4) has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied.

(12) Without prejudice to the generality of this section, the Minister may prescribe specifications or other requirements with which the design, manufacture and construction of any article, which is of a prescribed class or description, shall comply.

(13) Where an article or substance is used at work, and a request is made in that behalf by an inspector, the employer shall give to the inspector the name and address of the person from whom the article or substance was purchased or otherwise obtained.

General duties of persons who design or construct places of work.

11.—(1) It shall be the duty of any person who designs places of work to design them so that they are, so far as is reasonably practicable, safe and without risk to health.

(2) It shall be the duty of any person who constructs places of work to construct them so that they are, so far as is reasonably practicable, safe and without risk to health.

Safety statement.

12.—(1) Every employer shall, as soon as may be, after the coming into operation of this section prepare or cause to be prepared, a statement in writing to be known and hereinafter referred to as a “safety statement”.

(2) The safety statement shall specify the manner in which the safety, health and welfare of persons employed by an employer shall be secured at work.

(3) The safety statement shall be based on an identification of the hazards and an assessment of the risks to safety and health at the place of work to which the safety statement relates.

(4) Without prejudice to the generality of subsection (2), the safety statement shall specify—

(a) the arrangements made and resources provided, for safeguarding the safety, health and welfare of persons employed at a place of work to which the safety statement relates;

(b) the co-operation required from employees as regards safety, health and welfare; and

(c) the names, including the names of authorised deputies and job titles where applicable, of the persons responsible for the performance of tasks assigned to them by the said statement.

(5) Where a safety statement is prepared or revised pursuant to this section and an inspector is satisfied that the statement is inadequate in a material respect he may direct that the statement be revised and the employer shall comply with the direction within thirty days of the direction being given by the inspector.

(6) The report of the directors of a company under section 158 of the Companies Act, 1963 , shall contain, in addition to the information specified in that section, an evaluation of the extent to which the policy set out in a safety statement was fulfilled during the period of time covered by the said report.

(7) It shall be the duty of a self-employed person to prepare a safety statement, in so far as is practicable in accordance with this section, so as to ensure his safety, health and welfare at work and that of other persons at the place of work.

(8) It shall be the duty of an employer or a self-employed person to bring the terms of a safety statement to the attention of persons employed by him and to other persons at the place of work who may be affected by the safety statement.

Consultation at place of work and safety representatives.

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

(a) to consult his employees for the purpose of the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure their safety, health and welfare at work and in ascertaining the effectiveness of such measures;

(b) as far as is reasonably practicable, to take account of any representations made by his employees.

(2) Employees shall have the right to make representations to and consult their employer on matters of safety, health and welfare in their place of work.

(3) Without prejudice to the generality of subsections (1) and (2), employees may, from time to time, select and appoint from amongst their number at their place of work a representative (in this Act referred to as “the safety representative”) to represent them in consultations pursuant to this section with their employer.

(4) A safety representative shall have the right to such information from his employer as is necessary to ensure, so far as is reasonably practicable, the safety and health of employees at the place of work.

(5) It shall be the duty of every employer to take such steps as are practicable to inform a safety representative when an inspector enters a place of work for the purpose of making a tour of inspection.

(6) A safety representative may—

(a) make representations to an employer on any aspects of safety, health and welfare at the place of work;

(b) investigate accidents and dangerous occurrences provided that he shall not interfere with or obstruct the performance of any statutory obligation required to be performed by any person under any of the relevant statutory provisions;

(c) make oral or written representations to inspectors on matters of safety, health and welfare at work;

(d) receive advice and information from inspectors on matters of safety, health and welfare at work;

(e) subject to prior notice to the employer and to agreement between the safety representative and the employer as to frequency, carry out inspections and in reaching such agreement, which shall not be unreasonably withheld by the employer, the parties shall consider the nature and extent of the hazards in the place of work in determining the frequency of inspections to be carried out by the safety representative at the place of work concerned;

(f) subject to prior notice to the employer, in circumstances in which it is reasonable to assume that risk of personal injury exists, to investigate potential hazards and complaints made by any employee whom he represents relating to that employee's safety, health and welfare at the place of work; and

(g) on a request being made in that behalf by him, accompany an inspector on any tour of inspection other than a tour of inspection made by the inspector for the purpose of investigating an accident.

(7) An employer shall consider and, if necessary, act upon any representations made to him by a safety representative on any matter affecting the safety, health and welfare at work of any employee whom he represents.

(8) (a) For the purpose of acquiring the knowledge necessary for the discharge of their functions under subsection (1) (a) of this section and to enable them to discharge those functions, an employer shall afford employees who may be involved in arrangements under subsection (1) (a) or under subsection (2) such time off from their duties as may be reasonable having regard to all the circumstances without loss of remuneration;

(b) an employer shall afford a safety representative such time off from his duties as may be reasonable having regard to all the circumstances without loss of remuneration, to enable him to—

(i) acquire the knowledge necessary to discharge his functions as a safety representative, and

(ii) discharge his functions as a safety representative.

(9) Arising from the discharge of his functions under this section, a safety representative shall not be placed at any disadvantage in relation to his employment.

(10) Notwithstanding the generality of subsections (1) to (9), the Minister may prescribe such further requirements, arrangements, modifications or exemptions as he considers necessary, from time to time, in relation to the operation of this section.

PART III

National Authority for Occupational Safety and Health

Establishment day.

14.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Establishment of the Authority.

15.—(1) On the establishment day there shall stand established a body single to be known in the Irish language as An tÚdarás Náisiúnta um Shábháilteacht agus Sláinte Ceirde and in the English language as the National Authority for Occupational Safety and Health (which body is referred to in this Act as “the Authority”) to perform the functions assigned to it by this Act.

(2) The provisions of the First Schedule to this Act shall have effect with respect to the Authority.

Functions of the Authority.

16.—(1) The principal functions of the Authority shall be—

(a) subject to the provisions of subsection (3) and of section 32 , to make adequate arrangements for the enforcement of the relevant statutory provisions;

(b) to promote, encourage and foster the prevention of accidents and injury to health at work in accordance with the provisions of this Act;

(c) to encourage and foster activities and measures which are directed towards the promotion of safety, health and welfare of persons at work;

(d) to make such arrangements as it considers appropriate for providing information and advice on matters related to safety, health and welfare at work; and

(e) to make such arrangements as it considers appropriate to undertake, to promote, to sponsor, to evaluate and to publish the results of research, surveys and studies relating to hazards and risks to the safety and health of persons at work or arising from work activities.

(2) Without prejudice to the generality of subsection (1), the Authority may in its enforcement, advisory, promotional and other functions have regard to—

(a) any matters affecting the safety and health of employees and the self-employed; and

(b) the safety or health of other persons who may be affected by risks arising from work activities in so far as is reasonably practicable including the development of land for, or in the area of, a development which will involve the production, processing, treatment, use or storage of a dangerous substance.

(3) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may—

(a) make agreements with any Minister of the Government, or other person for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions; or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) such functions as may appropriately be performed by it in connection with its functions under this Act.

(4) The Authority shall—

(a) submit in writing to the Minister, when requested to do so by him, details of how it proposes to discharge its functions under this Act;

(b) carry out its functions in accordance with such proposals as referred to in paragraph (a) as may be approved of by the Minister;

(c) give effect to any directions in writing whether general or particular relating to its functions under this Act, given to it by the Minister; and

(d) supply to the Minister any information relating to its functions as he may from time to time require.

Advisory committees.

17.—(1) The Authority may from time to time appoint such and so many advisory committees as it thinks fit to advise it on matters relating to safety, health and welfare at work, for such period and subject to such terms of reference as the Authority may deem appropriate.

(2) Where the Authority has appointed a committee under subsection (1), the Authority shall appoint a chairman of that committee and a vice-chairman who shall act in the absence of the chairman.

(3) The chairman of a committee appointed under subsection (1) shall be paid out of moneys at the disposal of the Authority such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, may sanction.

(4) Each member of a committee appointed under subsection (1) shall be paid out of moneys at the disposal of the Authority, such allowance for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

Director General.

18.—(1) There shall be a chief executive officer of the Authority (who shall be known, and is referred to in this Act, as the Director General).

(2) The first Director General shall be appointed, and may be removed from office at any time, by the Minister; each subsequent Director General shall be appointed, and may be removed from office at any time, by the Authority with the consent of the Minister.

(3) The Director General shall carry on and manage and control generally the administration and business of the Authority and shall perform such other functions as may be determined by the Authority.

(4) The Director General shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Minister with the consent of the Minister for Finance.

(5) The Director General shall be paid by the Authority out of moneys at its disposal such remuneration and such allowances for expenses incurred by him as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

Staff of the Authority.

19.—(1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the consent of the Minister and the Minister for Finance.

(2) A member of the staff of the Authority (other than the Director General) shall be paid out of moneys at its disposal such remuneration and allowances for expenses incurred by him as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(3) A member of the staff of the Authority (other than the Director General) shall hold his office or employment on such other terms and conditions, as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(4) The grades of the staff of the Authority, and the numbers of staff in each grade, shall be determined by the Authority with the consent of the Minister and the Minister for Finance.

(5) The Authority may perform any of its functions through or by a member of its staff duly authorised by the Authority in that behalf.

Provisions applicable to officers, etc., transferred to the Authority.

20.—(1) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of the staff of, the Authority.

(2) The Minister shall not make an order under subsection (1) without having notified in writing any recognised trade unions or staff associations concerned and the Authority of his intention to do so and considering any representations made by them or any of them in relation to the matter within such time as may be specified in the notification.

(3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer of the Minister designated by the Minister under subsection (1), who is transferred by that subsection to the staff of the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the day on which he was so transferred.

(4) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Authority or the Director General, as the case may be, while they are in the service of the Authority. No such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to a member of such staff immediately before the day on which he was transferred by subsection (1) to the staff of the Authority save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(5) The terms and conditions relating to tenure of office which are granted by the Authority to a member of the staff of the Authority who was designated by the Minister and under subsection (1) transferred by that subsection to its staff shall not, while he is in the service of the Authority, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be such as to render those conditions less favourable to him than those prevailing in the civil service at the time of such alteration save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Authority and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.

(6) In relation to staff transferred by subsection (1) to the staff of the Authority, previous service in the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977 .

Superannuation of staff of the Authority.

21.—(1) The Authority shall, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons appointed by section 19 or transferred by section 20 , to whole-time positions on the staff of the Authority.

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 20 to a whole-time position on the staff of the Authority, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so transferred in relation to the grant of such benefits.

(5) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 20 to the staff of the Authority in respect of his employment as an officer of the Minister, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and for that purpose his pensionable service with the Authority shall be aggregated with his previous pensionable service.

(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.

(7) Subject to subsection (5) no superannuation benefit shall be granted by the Authority on the resignation, retirement or death of a member of the staff of the Authority otherwise than in accordance with a scheme or schemes under this section.

(8) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.

(9) In this section and in the First Schedule “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

Grant to the Authority.

22.—(1) In each financial year there may be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the concurrence of the Minister for Finance, may sanction towards the expenses of the Authority in the performance of its functions.

(2) The Authority may with the consent of the Minister and the Minister for Finance invest money in such manner as it thinks fit.

(3) The Authority may, with the prior consent of the Minister, and the concurrence of the Minister for Finance, seek and accept funds from such other sources and subject to such conditions as the Minister may approve of, from time to time.

Power of the Authority to borrow.

23.—The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.

Charges for services.

24.—(1) Subject to the provisions of this section, the Authority may make such charges as it considers appropriate in consideration of the provision by it of services (other than a service consisting of the provision of advice to the Minister) and the carrying on by it of activities and may sell, for such prices as it considers appropriate, anything produced, published or developed by the Authority and may enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority).

(2) The determination of the amounts of charges by the Authority shall be subject to the approval of the Minister and the Minister for Finance.

(3) Charges, prices and payments under subsection (1) in respect of services provided, activities carried on or things sold outside the State, shall not, save with the approval of the Minister, be less than the cost of the provision of the services or the production and development of the thing, as the case may be.

(4) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1).

Accounts and audits.

25.—(1) The Authority shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the concurrence of the Minister for Finance, directs and those accounts when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Annual report.

26.—(1) As soon as may be after the end of each financial year of the Authority, but not later than six months thereafter, the Authority shall make a report to the Minister of its activities during that year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Each report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.

PART IV

Regulations and Codes of Practice

Review of legislation.

27.—(1) It shall be the duty of the Authority—

(a) to keep under review the relevant statutory provisions;

(b) to keep under review the associated statutory provisions;

(c) to submit, from time to time, to the Minister such proposals as it considers appropriate in relation to the relevant statutory provisions or for the making or revoking of any instruments under those provisions; and

(d) to submit, from time to time, to the Minister having responsibility for any of the associated statutory provisions such proposals as it considers appropriate in relation to those provisions or for the making or revoking of any instruments under those provisions.

(2) Before submitting proposals to the Minister in accordance with subsection (1) (c), the Authority shall consult any Minister of the Government or other person or body that appears to the Authority to be appropriate in the circumstances or where the Minister so directs, and, in particular, without prejudice to the generality of the aforesaid, the Authority shall consult the Minister for the Environment in the case of any proposals in relation to controls on the design of or construction of buildings.

(3) The Authority shall consider any proposals for legislative change concerning occupational safety or health and related matters referred to it by the Minister or any other Minister of the Government responsible for any of the relevant statutory provisions or any of the associated statutory provisions as the case may be.

Regulations.

28.—(1) The Minister may make regulations for or in relation to any of the matters set out in the Fourth Schedule to this Act and any other matter necessary to give effect to this Act.

(2) Regulations made under this Act may apply to all work activities or to particular work activities and may relate to one or more chemical, physical or biological agents.

(3) Before the Minister makes any regulations in exercise of any power conferred on him by this Act (other than as a result of a proposal made by the Authority under section 27 ) he shall consult the Authority.

(4) Where the Minister proposes to make regulations so as to give effect with modifications to any proposal made by the Authority under section 27 , he shall before making the regulations consult the Authority.

(5) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(6) The Minister may, by regulations made under this section, exempt from all or any of the provisions of the relevant statutory provisions any specified class of activity or any specified class of person or place of work on such conditions as may be prescribed, where he is satisfied that the application of such provisions is unnecessary or impracticable.

Miscellaneous adaptations.

29.—(1) References to the Minister (other than in respect of making rules, regulations, bye-laws, orders, exemptions or exceptions) contained immediately before the establishment day in any existing enactment shall, insofar as they relate to functions exercisable by the Authority under this Act, be construed as references to the Authority.

(2) Where immediately before the establishment day any legal proceedings are pending to which the Minister is a party and the proceedings have reference to a function exercisable by the Authority, the name of the Authority shall be substituted in the proceedings for that of the Minister and the proceedings shall not abate by reason of such substitution.

(3) Anything commenced before the establishment day by or under the authority of the Minister may, so far as it relates to functions exercisable by the Authority, be carried on and completed on or after such establishment day by the Authority.

(4) Every instrument made or issued under an existing enactment which was in force immediately before the repeal of that enactment by section 4 shall continue in force as if made or issued under this Act.

Codes of practice.

30.—(1) The Authority may draw up and issue codes of practice.

(2) The Authority may, as it thinks fit, approve of any code of practice or any part of any code of practice drawn up by any other body.

(3) Codes of practice issued or approved of under this section shall be for the purpose of providing practical guidance with respect to the requirements or prohibitions of any of the relevant statutory provisions.

(4) The Authority shall obtain the consent of the Minister before issuing or approving of a code of practice.

(5) The Authority shall, before seeking the consent of the Minister for the issue or approval of a code of practice, consult any Minister of the Government or other person or body that appears to the Authority to be appropriate or where the Minister so directs.

(6) Where the Authority issues or approves of a code of practice it shall publish a statement in the Iris Oifigiúil of its issue or approval of that code, identifying the code in question, specifying for which provisions of the relevant statutory provisions the code is issued or approved and the date from which the said code shall have effect.

(7) The Authority may, with the consent of the Minister and following consultation with any other Minister of the Government or any other person or body that appears to the Authority to be appropriate—

(a) revise the whole or part of any code of practice prepared by it,

(b) withdraw its approval for any code of practice or part of any code of practice.

(8) Where the Authority revises, withdraws or ceases to approve of a code of practice it shall publish notice to that effect in the Iris Oifigiúil.

Use of codes of practice in criminal proceedings.

31.—(1) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any civil or criminal proceedings; but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any requirement or prohibition imposed by or under any of the relevant statutory provisions being a provision for which there was a code of practice at the time of the alleged contravention, subsection (2) shall have effect with respect to that code in relation to those proceedings.

(2) Any provision of the code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the code, or if it is proved that any act or omission of the defendant is a compliance with such provision of the code, then such failure or compliance shall be admissible in evidence.

PART V

Enforcement

Enforcing agencies.

32.—(1) Subject to section 16 (1) (a) and (3), the Minister, with the consent of the Minister for Finance, and after consultation with any Minister of the Government as the Minister considers appropriate, may prescribe persons (including local authorities) to be enforcing agencies (which said person shall be referred to in this Act as “an enforcing agency”) in lieu of the Authority for the enforcement of such provisions of the relevant statutory provisions to such extent as may be prescribed.

(2) It shall be the duty of an enforcing agency to make adequate arrangements for the enforcement of the relevant statutory provisions to the extent that it is by regulations under subsection (1) made responsible for their enforcement and to perform that duty and any other functions conferred on it by any of the relevant statutory provisions in accordance with such guidance as the Authority may give it.

(3) It shall be the duty of every enforcing agency to furnish any reports and information relating to its functions and activities under this Act to the Authority as the Authority may, from time to time, require.

Authorisation of inspectors.

33.—(1) The Authority or an enforcing agency may authorise persons to be inspectors for the purposes of the enforcement of the relevant statutory provisions within its area of responsibility in accordance with section 16 or 32 , as the case may be, and may revoke such authorisations.

(2) An inspector shall be furnished with a certificate of authorisation and shall, if so required, when exercising or seeking to exercise any power conferred on him by any of the relevant statutory provisions, produce his certificate of authorisation or a copy of it duly authenticated by the Authority or the enforcing agency and a form of personal identification.

Powers of inspectors.

34.—(1) An inspector shall have power—

(a) to enter, inspect, examine and search at all times, any place which he has reasonable cause to believe is used as a place of work;

(b) to take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

(c) to take with him any other person authorised by the Authority or the relevant enforcing agency or equipment or materials required for any purpose for which the power of entry is being exercised;

(d) where he has reasonable cause to believe that at or in any place of work an offence under this Act has been or is being committed, to use reasonable force where necessary in order to enter the place of work, provided he is so authorised by a warrant of a Justice of the District Court (which such Justice is hereby authorised to issue upon reasonable grounds being given on oath);

(e) to make such examination and inquiry as may be necessary to ascertain whether the relevant statutory provisions are being complied with;

(f) to require the production of any books, registers, records (whether kept in manual form or otherwise), certificates, notices, documents, maps and plans, required to be kept pursuant to any of the relevant statutory provisions, or any other documents which it is necessary for him to see for the purposes of any examination or inquiry under this Act and to inspect, examine and copy them or require that a copy of them or of any entry therein be provided to him;

(g) to require any person whom he has reasonable cause to believe to be able to give information relevant to any examination or inquiry under this Act, to answer either alone or in the presence of any other person, as he thinks fit, such questions with respect to matters under this Act as he thinks fit to ask and sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself;

(h) to direct that any place of work or part thereof and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of any examination or inquiry under this Act;

(i) as regards any article or substance he finds at or in a place of work, require the employer or any person he finds at the place of work or any person who appears to him to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof;

(j) to cause any article or substance found at or in any place of work which appears to him to have caused or to be likely to cause danger to safety or health, to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of this Act) and where an inspector proposes to exercise the power conferred by this subsection in the case of an article or substance found at or in any place of work, he shall, if so requested by a person who at the time is present at or in and has responsibilities in relation to that place of work, cause anything which is to be done by virtue of that power to be done in the presence of that person;

(k) in relation to any article or substance found at a place of work in accordance with paragraph (j) to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) to examine or arrange for the examination of it and do to it anything which he has power to do under paragraph (j);

(ii) to ensure that it is not tampered with before the examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings;

(l) to take samples of the atmosphere in any place of work;

(m) to take any measurements or photographs or make any tape, electrical or other recordings which he considers necessary for the purposes of any inspection, examination or inquiry made by him under this Act;

(n) to require any person to afford him such facilities and assistance within his control or responsibilities as are reasonably necessary to enable him to exercise any of the powers conferred on him under this Act; and

(o) to exercise such other powers as may be necessary for carrying out his functions.

(2) Before exercising the power conferred by subsection (1) (j) in the case of any article or substance, an inspector shall, in so far as it is reasonably practicable to do so, consult such persons as appear to him to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(3) Where under the power conferred by subsection (1) (k) an inspector takes possession of any article or substance found at or in any place of work, he shall if it is practicable for him to do so, take a sample thereof and give to a responsible person at the place of work a portion of the sample marked in a manner sufficient to identify it.

(4) (a) The Authority may designate in writing any inspector who is a registered medical practitioner as an occupational medical adviser.

(b) It shall be the duty of an occupational medical adviser, on behalf of the Authority, to receive any notice, report or certificate required by any of the relevant statutory provisions to be sent to the Authority by a registered medical practitioner.

(c) An occupational medical adviser may—

(i) invite any person who, in his opinion, either has been or may be exposed in the course of his work to any risk of bodily injury or other danger to his health; and

(ii) for the purpose of comparing with that of other persons the state of health of persons employed in different places of work or specified places of work or in different places in the same place of work, invite any person

to provide biological samples or to be examined medically, or both, at such place as he shall designate, either by him or on his behalf or by or on behalf of such other registered medical practitioner as he shall specify.

Improvement directions and plans.

35.—(1) This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If, as regards any activities to which this section applies, an inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, such activities involve, or are likely to involve a risk to the safety or health of persons, the inspector may serve a direction in writing on that person requesting the submission to him, within a time specified in the direction, for his approval, of an improvement plan specifying the remedial action proposed to be taken to rectify the matters set down in the direction.

(3) Where an improvement plan is submitted in accordance with subsection (2) and an inspector is not satisfied that the plan is adequate he may direct that the plan be revised and resubmitted to him within a time specified in the direction.

Improvement notice.

36.—(1) If an inspector is of the opinion that a person is contravening or has contravened any of the relevant statutory provisions, or has failed on a direction being made to him under section 35 in that behalf to submit or implement an appropriate improvement plan, the inspector may serve on that person a notice in writing signed by him (in this Act referred to as an “improvement notice”) stating that he is of that opinion and the improvement notice shall—

(a) specify the provision or provisions as to which he is of that opinion;

(b) give particulars of the reasons why he is of that opinion;

(c) where applicable, state that the person has failed to submit or implement an improvement plan; and

(d) direct that person to remedy the alleged contraventions by a date specified in the notice, which should not be earlier than the period within which an appeal can be brought under subsection (3).

(2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice.

(3) A person who is aggrieved by an improvement notice may, within the period of fourteen days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the Justice may—

(a) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or

(b) cancel the notice.

(4) A person who appeals against an improvement notice shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal and the grounds for appeal and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(5) Where an appeal against an improvement notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect whichever is the later.

(6) Where no appeal is taken against an improvement notice, the notice shall take effect, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(7) An inspector may withdraw an improvement notice at any time before the date specified in it under subsection (1) (d) and he may extend or further extend that date at any time when an appeal against the notice is not pending.

Prohibition notice.

37.—(1) This section applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If, as regards any activities to which this section applies, an inspector is of the opinion that, as carried on or are likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, are likely to involve, a risk of serious personal injury to persons at any place of work, the inspector may serve on that person a notice signed by him (in this Act referred to as “a prohibition notice”).

(3) A prohibition notice shall—

(a) state that the inspector is of the said opinion;

(b) specify the matters which in his opinion give or, as the case may be, are likely to give rise to the said risk;

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

(d) direct that the activities to which the notice relates shall be carried on neither by or under the control of the person on whom the notice is served nor by or under the control of any other person unless the matters specified in the notice in pursuance of paragraph (b) and any associated contravention of provisions so specified in pursuance of paragraph (c) have been remedied.

(4) A prohibition notice shall take effect—

(a) if the notice so declares immediately the notice is received by the person on whom it is served;

(b) in any other case—

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later; or

(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance with subsection (4) (a) shall not have the effect of suspending the operation of the notice; provided, however, that the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

(6) (a) A person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the said Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4) the District Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate.

(7) A person who appeals against a prohibition notice or who applies for a direction suspending the application of the notice under subsection (5) shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal or the application and the grounds for the appeal or the application and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(8) An inspector may revoke a prohibition notice.

(9) (a) Where a prohibition notice has been served and activities are carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

Power of officer of customs and excise to detain articles, etc.

38.—For the purpose of facilitating the exercise or performance by the Authority of any of the powers or duties exercisable by it under any of the relevant statutory provisions, an officer of customs and excise, when authorised to do so by the Revenue Commissioners at the request in writing in that behalf by the Authority, may detain any article or substance being imported for so long as is reasonably necessary for an inspector to examine it, but in any event for not any longer than 48 hours from the time when the article or substance in question is detained.

Order of High Court as to use of place of work.

39.—(1) Where the Authority or an enforcing agency considers that the risk to the safety and health of persons is so serious that the use of a place of work or part thereof should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a reasonable level, the Authority or an enforcing agency may apply, ex parte, to the High Court for an order restricting or prohibiting the use of the place of work or part thereof accordingly.

(2) The Court may make such interim or interlocutory order as it considers appropriate.

(3) Any such order shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the place of work or part thereof.

(4) On any application for the revocation or variation of an order under subsection (1), the Authority or an enforcing agency, as appropriate, shall be entitled to be heard.

Indemnification of inspectors, etc.

40.—Where the Authority or an enforcing agency is satisfied that an inspector authorised by it, or any other member of the staff of the Authority, has discharged his duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, it shall indemnify the inspector, or such member of the staff of the Authority, against all actions or claims howsoever arising in respect of the discharge by him of his duties.

Inquiry into enforcing agency.

41.—(1) If the Authority alleges that any enforcing agency has failed to fulfil any of its functions under any of the relevant statutory provisions, the Authority may, with the consent of the Minister (which said consent shall be given only after consultation with the Minister of the Government who has responsibility for an enforcing agency which allegedly has failed to perform its functions) direct that an investigation be held into the alleged failure to act.

(2) The Authority shall appoint a competent person or persons to hold the investigation and to prepare and submit to it a report stating conclusions on the alleged failure of the enforcing agency to perform its functions.

(3) The Authority may, with the consent of the Minister, cause the whole or any part of a report made by virtue of subsection (2)—

(a) to be made available to the enforcing agency in question,

(b) to be made public at such time and in such manner as it considers appropriate.

(4) It shall be the duty of an enforcing agency to co-operate with a person carrying out an inquiry under this section.

PART VI

Obtaining and Disclosure of Information

Obtaining of information by the Authority.

42.—(1) The Authority may, for the purpose of obtaining information which the Authority or an enforcing agency requires for the discharge of its functions, by a notice in writing (in this section referred to as “a notice requiring information”) served on any person, require such person to furnish to the Authority within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.

(2) The Authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the protection of the safety, health or welfare of persons under any of the relevant statutory provisions.

(3) A person shall provide the information requested in a notice requiring information—

(a) where no appeal is taken against the notice—

(i) on the expiration of the period during which such an appeal may be taken; or

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

(iii) on such subsequent day as the Authority may agree to in writing,

whichever is the later;

(b) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—

(i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn; or

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

(iii) in case the operation of the notice has been suspended in accordance with subsection (4) (b), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that subsection,

whichever is the later.

(4) (a) Where a person is aggrieved by a notice requiring information served on him, he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Justice of the District Court in the District Court District in which the notice is served in the prescribed manner against the notice and, in determining the appeal, the Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice;

(b) where on the hearing of an appeal under this subsection a notice requiring information is confirmed, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate;

(c) the Justice determining an appeal under this subsection may make such order as to the payment of costs in respect of the appeal as he considers appropriate.

(5) Where any opinion of the Authority to which subsection (2) relates purports to be contained in any document which—

(a) purports to have been made by or at the direction of the Authority; and

(b) is produced in evidence by an officer of the Authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

Information communicated by the Revenue Commissioners.

43.—If they see fit to do so for the purpose of facilitating the exercise or performance by the Authority or an enforcing agency or an inspector of the Authority or of an enforcing agency of any of the powers or duties exercised by them under any of the relevant statutory provisions, the Revenue Commissioners may authorise the disclosure to the Authority or to an enforcing agency or an inspector of the Authority or of an enforcing agency of any information obtained by the Revenue Commissioners for the purposes of the exercise by them of their functions in relation to articles or substances imported into the State.

Access to information.

44.—The Minister for Health and the Minister for Social Welfare may give to the Authority such information in relation to personal injury to persons at work as may be necessary for ensuring the safety, health or welfare of persons at work.

Restrictions on the disclosure of information.

45.—(1) In this section—

“relevant information” means information obtained by a person or furnished to any person pursuant to section 42 or section 43 or pursuant to a requirement imposed by any of the relevant statutory provisions;

“relevant consent” means, in the case of information furnished in pursuance of a requirement imposed by section 34 , the consent of the person who furnished it, and, in any other case, the consent of a person having control of the activity or the place of work where the information was obtained;

“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject to subsection (3), no relevant information shall be disclosed without the relevant consent.

(3) Subsection (2) shall not apply to—

(a) disclosure of information to the Authority, an enforcing agency or a Minister of the Government;

(b) without prejudice to paragraph (a), disclosure by the recipient of information to any person for the purposes of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c) without prejudice to paragraph (a), disclosure by the recipient of information to an officer of a public body who is authorised by that body to receive it;

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case; or

(e) disclosure of information for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of this Act or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of this Act.

(4) In subsection (3), any reference to the Authority, enforcing agency or a Minister of the Government includes respectively a reference to an officer of those bodies and also, in the case of a reference to the Authority, includes a reference to—

(a) a person performing any function of the Authority;

(b) an officer of a body which is so performing any such functions.

(5) A person to whom information is disclosed pursuant to subsection (3) shall not use the information for a purpose other than—

(a) in a case falling within paragraph (a) of that subsection, a purpose of the Authority, enforcing agency or a Minister of the Government in connection with the relevant statutory provisions; or

(b) in the case of information given to an officer of a public body the purpose of such body in connection with their duties under the relevant statutory provisions or other statutory provisions relating to the protection of public safety, health or the environment.

(6) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by the provisions of section 34 , 46 or 47 (including, in particular, any information with respect to any trade secret obtained by him in any place of work entered by him by virtue of any such power) except—

(a) for the purpose of his statutory functions; or

(b) for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of section 47 or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of section 46 ; or

(c) with the relevant consent.

(7) Notwithstanding the provisions of subsection (6) an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any place of work adequately informed about matters affecting their safety, health or welfare, give to such persons or their representatives the following information, that is to say—

(a) factual information obtained by him as mentioned in subsection (6) which relates to that place of work or anything which was or is therein or was or is being done therein provided that such information does not reveal any trade secrets; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with that place of work in the performance of his functions;

and, where an inspector does as aforesaid he shall give the like information to the employer of the first-mentioned persons.

(8) Where for the purpose of evaluating information obtained under section 42 the Authority discloses that information to some other person, that other person shall not use that information for any purpose except for a purpose of the Authority and, before disclosing that information, the Authority shall inform that other person of his obligations under this section.

PART VII

Special Reports and Inquiries

Investigations and special reports.

46.—(1) (a) The Authority may at any time direct any of its staff or any other competent person as it considers appropriate to investigate the circumstances surrounding any accident, disease, occurrence, situation or any other matter related to the general purposes of this Act and make a report to it, to be known and in this section referred to as “a special report”, on such matter.

(b) A person who is not an inspector undertaking an investigation under this section shall, for the purposes of such investigation, have all the powers of an inspector under this Act.

(2) In the case of an investigation and special report made under subsection (1), (otherwise than by a member of the staff of the Authority) the Authority may pay to the person making it such fees and expenses as the Minister may, with the approval of the Minister for Finance, determine.

(3) The Authority may, to such extent as the Minister may determine, defray the costs, other than those incurred under subsection (2), if any, incurred in the preparation of a special report.

(4) The Authority may cause a special report, or part of such special report, to be made public within a reasonable time and in such manner as it thinks fit.

(5) In the case of an air or rail accident or an accident at sea the Authority shall not conduct an investigation into such accidents save with the consent of the Minister given with the concurrence of any other Minister of the Government he considers appropriate.

Power to direct an inquiry.

47.—(1) The Authority may, where it considers it necessary to do so and with the consent of the Minister, direct an inquiry to be held into any accident, disease, occurrence, situation or any other matter related to the general purposes of this Act.

(2) The following provisions shall have effect in relation to an inquiry under this section—

(a) the Authority shall appoint a competent person to hold the inquiry, and may appoint any person possessing legal or special knowledge to act as assessor to assist in the inquiry;

(b) the person or persons appointed (hereinafter referred to as “the tribunal”) shall hold the inquiry in such manner and under such conditions as the tribunal may think appropriate for enabling it to conduct the inquiry, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the inquiry all the powers of a Justice of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and in addition, power—

(i) to enter and inspect any place or building, the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(iii) to require the production in legible form of all records, whether kept in manual form or otherwise, books, papers and documents which it considers necessary for the said purposes;

(iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.

(3) Persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request, signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

(4) The tribunal shall make a report to the Authority stating the causes and circumstances of the subject of the inquiry and adding any observations which the tribunal thinks right to make.

(5) The Authority may cause the report of a tribunal made under this section to be made public at such time and in such manner as it thinks fit.

(6) In the case of an inquiry and report under this section, the Authority may pay to the person or persons undertaking it such fees and expenses as the Minister may, with the consent of the Minister for Finance, determine.

(7) The Authority may, to such extent as the Minister may determine, defray the other costs, if any, of such inquiry and report.

(8) The tribunal may require the fees and expenses incurred in and about an inquiry under this section (including the fees of any persons appointed to act as assessors) to be paid in whole or in part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry but any such expenses not required to be paid shall be deemed to be part of the expenses of the Authority in the administration of this Act.

(9) The Authority shall give notice of intention to conduct an inquiry under this section by a notice published in the Iris Oifigiúil and at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.

(10) The Authority shall not have power to direct an inquiry into an air or rail accident or an accident at sea save with the consent of the Minister given with the concurrence of any other Minister of the Government he considers appropriate.

PART VIII

Offences, Penalties and Legal Proceedings

Offences.

48.—(1) It shall be an offence for a person—

(a) to fail to discharge a duty to which he is subject by virtue of sections 6 to 8 , 9 (1), 10 , 11 , 12 (5) to (8), 13 (1) and (5), or

(b) to contravene sections 9 (2), 12 (1) to (4), or

(c) to contravene a provision of a regulation made under section 28 .

(2) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an inspector from exercising any functions conferred on him by this Act and it shall be an offence for a person wilfully to fail to comply with a bona fide request or instruction from an inspector in the exercise of his statutory functions.

(3) It shall be an offence for a person to prevent or attempt to prevent any person from answering any question to which an inspector may by virtue of section 34 require an answer.

(4) It shall be an offence to fail to submit an improvement plan to an inspector within the time specified in a direction under section 35 or to fail to implement an improvement plan which has been approved in accordance with the said section 35 but it shall be a good defence to a prosecution under the said section 35 if it can be shown that other measures providing at least equal protection were taken.

(5) It shall be an offence for a person to contravene any requirement of an improvement notice issued in accordance with section 36 .

(6) It shall be an offence for a person to carry on activities in contravention of a prohibition notice issued in accordance with section 37 .

(7) It shall be an offence for a person wilfully to prevent, obstruct, impede or delay an officer of customs and excise in the exercise of any of the powers conferred on him by section 38 .

(8) It shall be an offence for a person to contravene any requirement imposed by a notice requiring information under section 42 .

(9) It shall be an offence for a person to use or to disclose any information in contravention of section 45 .

(10) It shall be an offence for a person intentionally to obstruct any person in the exercise of his powers under section 46 .

(11) If a person who without reasonable excuse (proof whereof shall lie on him) either fails, after having the expenses (if any) to which he is entitled tendered to him, or refuses to comply with any summons or requisition of a tribunal appointed under section 47 or otherwise prevents or impedes the tribunal in the execution of its duty, he shall be guilty of an offence.

(12) It shall be an offence for a person to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—

(a) in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

(b) for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person.

(13) It shall be an offence for a person to make a false entry intentionally in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false.

(14) It shall be an offence for a person, with intent to deceive, to forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive.

(15) It shall be an offence for a person falsely to pretend to be an inspector.

(16) Where a person is convicted of an offence under any of the relevant statutory provisions the court may, in addition to or instead of inflicting a fine, order him to take steps within a specified time for remedying the matters in respect of which the contravention occurred (and may on application extend the time so specified) and any person who fails to comply with any such order within the specified time (as extended) shall be guilty of an offence.

(17) If a person is killed, dies or suffers any personal injury, in consequence of any person who is subject to a duty by virtue of sections 6 to 11 having contravened any of the relevant statutory provisions, the latter person shall be guilty of an offence under this subsection; but

(i) the latter person shall not be guilty of an offence under this subsection if a prosecution against him in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred;

(ii) in the case of injury to health, the latter person shall not be guilty of an offence under this subsection unless the injury was caused directly by the contravention.

(18) (a) Where a person is charged with a summary offence under any of the relevant statutory provisions, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge (whether or not the other person is his agent or servant);

(b) if the commission of the offence is proved and the first person charged proves to the satisfaction of the court that he used all diligence to enforce the relevant statutory provisions and that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default, that other person shall be summarily convicted of the offence and the first person shall not be guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings;

(c) the prosecution shall in any case to which this subsection applies, have the right to cross-examine the first person charged if he gives evidence and any witnesses called by him in support of his charge, and to adduce rebutting evidence.

(19) (a) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly;

(b) where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(20) Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.

Penalties.

49.—(1) Subject to subsections (2), (3) and (4), a person guilty of an offence under any of the relevant statutory provisions for which no express money penalty is provided shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(2) A person guilty of an offence under section 48 (1) shall be liable—

(a) on summary conviction to a fine not exceeding £1,000, or

(b) on conviction on indictment to a fine.

(3) A person guilty of an offence—

(a) under subsection (6) or (9) of section 48, or

(b) which consists of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Authority or any other prescribed body something for the doing of which such a licence is necessary under the relevant statutory provisions, or

(c) which consists of contravening a term of or a condition or restriction attached to any such licence as is mentioned in paragraph (b) shall be liable—

(i) on summary conviction to a fine not exceeding £1,000, or

(ii) on conviction on indictment to a fine or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) Nothing in this section shall be construed as creating an indictable offence in respect of regulations made under the European Communities Act, 1972.

Onus of proof.

50.—In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

Prosecution of offences, etc.

51.—(1) Subject to subsection (2), any summary offence under any of the relevant statutory provisions may be prosecuted by the Authority.

(2) Where a summary offence under any of the relevant statutory provisions consists of a contravention of a provision which is to be enforced by an enforcing agency, the offence may be prosecuted by the enforcing agency.

(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , proceedings for any offence under any of the relevant statutory provisions may be instituted at any time within one year after the date of the offence.

(4) Where—

(a) a special report on any matter to which section 46 of this Act applies is made; or

(b) a report is made by a person holding an inquiry into any matter by virtue of section 47 ; or

(c) a coroner's inquest is held concerning the death of any person whose death may have been caused by an accident which happened while he was at work or by a disease which he contracted or probably contracted at work or by an accident, act or omission which occurred in connection with the work of any person whatsoever;

and it appears from the report or, in a case falling within paragraph (c) from the proceedings at the inquest, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject matter of the report or inquest, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within six months of the making of the report or, in a case falling within paragraph (c), within six months of the conclusion of the inquest.

Appeals from orders.

52.—Any person (including the Authority or an enforcing agency) aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to a judge of the Circuit Court within whose circuit is situated the District Court in which the decision was given, and the decision of the judge of the Circuit Court on any such appeal shall be final and conclusive.

Evidence.

53.—(1) If a person is found in any place of work at any time at which work is going on, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been employed in such place of work.

(2) Where any entry is required by any of the relevant statutory provisions to be made in any register or record, the entry made by an employer or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any of the relevant statutory provisions has not been made, shall be admissible as evidence that the provision has not been observed.

PART IX

Miscellaneous

Certificates of birth.

54.—Where the age of any person is required to be ascertained or proved for the purposes of this Act, or any of the relevant statutory provisions, any person shall, on payment of a fee of 70 pence, be entitled to obtain a certificate from the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof.

General obligations with regard to fire safety.

55.—(1) The following provisions of the Fire Services Act, 1981 , are hereby repealed—

(a) subparagraph (i) of subsection (1) (f) of section 18, and

(b) subsection (2) (b) of section 19.

(2) Sections 45 (as amended by the Safety in Industry Act, 1980 ), 46, 47 (as amended by the Safety in Industry Act, 1980 ), 48 and 122 (2) of the Factories Act, 1955 , are hereby repealed.

(3) Section 27 of the Safety in Industry Act, 1980 , is hereby repealed.

Inquest in case of death by accident or disease at work.

56.—Where a coroner holds an inquest on the body of any person whose death may have been caused by an accident which occurred or a disease which was contracted at a place of work, the following provisions shall have effect—

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Authority or an enforcing agency, as the case may be, is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Authority or to an enforcing agency, as the case may be, notice of the time and place of holding the inquest at such time as to reach the Authority or an enforcing agency not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Authority or to an enforcing agency, as the case may be, notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the place of work in or about which the accident or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) of this section and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor—

(i) an inspector or any other person appearing on behalf of the Authority or an enforcing agency, as the case may be,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the employer at the place of work in which the accident or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed at the place of work,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the place of work belongs,

(vi) any person appointed in writing by any association of employers of which the employer at the place of work is a member;

(f) where an inspector or a person on behalf of the Authority or an enforcing agency, as the case may be, is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or disease, or of any defect in or about the place of work appearing to the coroner or jury to require a remedy, the coroner shall send to the Authority or to an enforcing agency, as the case may be, notice in writing of the neglect or defect.

Application of Act to prisons, etc.

57.—This Act shall apply to prisons and places of detention unless its application is incompatible with safe custody, good order and security.

Increases in miscellaneous penalties.

58.—The following provisions shall have effect—

(a) the maximum penalty for an offence under section 74 (3) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(b) the maximum penalty for an offence under section 76 (2) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(c) the maximum penalty for an offence under section 76 (5) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(d) the maximum penalty for an offence under section 91 (5) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(e) the maximum penalty for an offence under section 104 (as inserted by section 56 (j) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £100 and, accordingly, that section shall be construed and have effect as if the reference therein to £6 were a reference to £100;

(f) the maximum penalty for an offence under section 119 (1) (as inserted by section 56 (l) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £300 or £25 per day and, accordingly, that section shall be construed and have effect as if the references therein to £30 and £3 were references to £300 and £25 respectively;

(g) the maximum penalty for an offence under section 120 (3) (as inserted by section 56 (m) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £300 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £30 were a reference to £300;

(h) the maximum penalty for an offence under section 139 of the Mines and Quarries Act, 1965 , shall be £100 and, accordingly, that section shall be construed and have effect as if the reference therein to £20 were a reference to £100;

(i) the maximum penalty for an offence under section 142 of the Mines and Quarries Act, 1965 , shall be £300 and, accordingly, that section shall be construed and have effect as if the reference therein to £5 were a reference to £300;

(j) the maximum penalty for an offence under section 52 (1) of the Dangerous Substances Act, 1972, shall be £1,000 or a prison term not exceeding 12 months and, accordingly, that subsection shall be construed and have effect as if the reference therein to £100 were a reference to £1,000 and the reference to six months were a reference to 12 months; and

(k) the maximum penalty for an offence under section 52 (2) of the Dangerous Substances Act, 1972, shall be £200 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £20 were a reference to £200.

Licences.

59.—(1) The Minister may, for the purpose of protecting the safety, health or welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity to which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority, which licence the Authority is hereby authorised to issue.

(2) The Authority may attach conditions to a licence issued in accordance with subsection (1) as it thinks proper including conditions as to its expiry or revocation.

(3) The Authority may at its discretion grant or refuse an application for a licence under this section.

(4) The Authority may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.

(5) (a) The Authority shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper.

(b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

(6) If the Authority refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority shall, at his request, deliver to him a certificate stating the grounds on which it has refused a licence or attached the conditions.

(7) The applicant may appeal to the High Court from the decision of the Authority within ten days after receipt of the certificate or such further time as the High Court may allow.

(8) On the hearing of an appeal from a decision of the Authority refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the Court may confirm the decision or may direct the Authority to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

(9) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.

Civil liability.

60.—(1) Nothing in this Act shall be construed—

(a) as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by or under sections 6 to 11 , or

(b) as affecting the extent (if any) to which breach of a duty imposed by any of the existing enactments is actionable.

(2) Breach of a duty imposed by regulations made under section 28 shall, so far as it causes damage, be actionable except in so far as regulations provide otherwise.

(3) Subsections (1) and (2) shall apply without prejudice to any right of action which exists apart from the provisions of this Act.

(4) Any term of an agreement which purports to exclude or restrict the operation of subsection (2) of this section, or any liability arising by virtue of that subsection shall be void, except in so far as regulations made under section 28 provide otherwise.

(5) In this section “damage” includes death of or personal injury to any person.

Immunity of Authority or enforcing agency.

61.—No action or other proceedings shall lie or be maintainable against the Authority or an enforcing agency or any person referred to in section 16 (3) (a) for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions imposed on the said Authority or enforcing agency or person referred to in the said section 16 (3) (a).

FIRST SCHEDULE

National Authority for Occupational Safety and Health

Section 15 .

1.—The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land or other property.

2.—The Authority shall consist of a chairman (in this Schedule referred to as “the chairman”) and ten ordinary members.

3.—The chairman and ordinary members of the Authority shall be appointed by the Minister.

4.—In appointing persons to be ordinary members of the Authority, the Minister shall appoint three persons nominated by such organisations representative of employees as he considers appropriate, three persons nominated by such organisations representative of employers as he considers appropriate, and four persons representative of such Government Departments, State Agencies and other bodies, whose activities are concerned with matters relating to any of the purposes of this Act, as he considers appropriate.

5.—The chairman may at any time resign his office by letter addressed to the Minister and his resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

6.—The Minister may at any time remove the chairman from office.

7.—(1) Where a member of the Authority is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon cease to be a member of the Authority.

(2) Where a person who is a member of the staff of the Authority is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Parliament to fill a vacancy,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from the Authority any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of the Authority or the staff of the Authority.

(4) Without prejudice to the generality of subparagraph (2), that subparagraph shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subparagraph as service with the Authority for the purposes of any superannuation benefits.

8.—The chairman shall be appointed by the Minister either in a whole-time or a part-time capacity and shall hold office for not more than three years on such terms and conditions as the Minister determines with the consent of the Minister for Finance.

9.—The chairman shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may determine.

10.—Each ordinary member of the Authority shall be a part-time member and, subject to this Schedule, shall hold office for three years on such terms and conditions as the Minister determines with the consent of the Minister for Finance.

11.—The chairman and an ordinary member of the Authority whose term of office expires by effluxion of time shall be eligible for reappointment.

12.—The Minister may at any time remove an ordinary member of the Authority from office.

13.—An ordinary member of the Authority may resign his office as such member by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

14.—A member of the Authority shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

15.—Each ordinary member of the Authority shall be paid, out of moneys provided by the Oireachtas, such expenses as the Minister, with the consent of the Minister for Finance, may sanction.

16.—The Minister shall appoint one of the ordinary members of the Authority to be a vice-chairman of the Authority with the function of acting as chairman in the absence of the chairman.

17.—Where a casual vacancy occurs among the ordinary members of the Authority the Minister shall forthwith invite the organisation which previously nominated that member to nominate a person for appointment to fill the vacancy and the Minister shall appoint the person nominated to fill the vacancy.

18.—(1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions and may make arrangements for the regulation of its proceedings and business.

(2) Such arrangements may, with the approval of the Minister, provide for the discharge, under the general direction of the Authority, of any of its functions by a committee of the Authority.

19.—The Minister may fix or sanction the date, time and place of the first meeting of the Authority.

20.—The quorum for a meeting of the Authority shall be five members.

21.—At a meeting of the Authority—

(a) the chairman shall, if present, be the chairman of the meeting;

(b) in the absence of the chairman or, if the office of chairman of the Authority is vacant, the vice-chairman of the Authority shall act as chairman;

(c) if, and so long as, the chairman is not present or, if the office of chairman of the Authority is vacant and the vice-chairman is not present or the office of vice-chairman is vacant, the members of the Authority present shall choose one of their number to be chairman of the meeting.

22.—The chairman and each ordinary member of the Authority attending a meeting of the Authority shall have a vote.

23.—Every question at a meeting of the Authority shall be determined by a majority of the votes cast on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

24.—The Authority may act notwithstanding one or more than one vacancy among its members.

25.—Subject to this Schedule, the Authority shall regulate its procedure and business.

26.—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of the Authority shall be authenticated by the signature of the chairman or some other member of the Authority authorised by it to act in that behalf and by the signature of an officer of the Authority authorised by it to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Authority and any document sealed with the seal shall be received in evidence.

27.—No person shall be a civil servant by virtue only of membership of the Authority.

SECOND SCHEDULE

PART I

Existing Enactments

Sections 2 and 4 .

PART II

Regulations made under the European Communities Act, 1972, which are Existing Enactments

THIRD SCHEDULE

Associated Statutory Provisions

Sections 2 and 27 .

FOURTH SCHEDULE

Regulations

Section 28 .

The matters in respect of which regulations may be made under section 28 shall include—

(1) (a) any matter referred to in this Act as prescribed or to be prescribed;

(b) any matter referred to in this Schedule as specified or to be specified;

(2) requirements to be imposed on employers as regards the safety, health or welfare of their employees at work as regards—

(a) the design, provision and maintenance of places of work,

(b) the design, provision and maintenance of safe means of access to and egress from places of work,

(c) the design, provision and maintenance of plant and machinery,

(d) the provision, planning, organisation, performance and maintenance of systems of work,

(e) the provision of information, instruction, training and supervision,

(f) the provision, maintenance and use of protective clothing or equipment,

(g) the preparation and revision of plans to be followed in emergencies, and

(h) the obtaining of the services of competent persons so as to ensure the safety or health of persons at work;

(3) requirements to be imposed on employers and self-employed persons as regards the conduct of their undertakings to provide that persons not in the employment of the said employers or self-employed persons are not exposed thereby to risks to their safety or health;

(4) requirements to be imposed on persons to whom section 8 applies in relation to non-domestic places of work as regards such places of work, any article or substance provided for use in such places and as regards access to or egress from such places;

(5) requirements to be imposed on employees as regards their safety, health or welfare at work including requirements as regards the use of any appliance, protective clothing, convenience, equipment or means or thing provided for securing their safety, health or welfare at work;

(6) requirements to be imposed on persons who design, manufacture, import or supply specified articles for use at work as regards—

(a) the design, construction, testing or examination of any article for use at work,

(b) the provision of information on matters relating to the use at work for which any article was designed or tested or to its being dismantled or disposed of in a manner which will be safe and without risk to health of persons at work;

(7) requirements to be imposed on persons who design or manufacture specified articles for use at work as regards the carrying out of research with respect to such articles with a view to the discovery of potential risks or the elimination or minimisation of any risks to the safety or health of persons at work;

(8) requirements to be imposed on persons who erect or install specified articles for use at work as regards the erection or installation of any such article so as to be safe and without risks to health when such article is used in a place of work;

(9) requirements to be imposed on persons who manufacture, import or supply any specified substance as regards—

(a) the use, testing or examination of any such substance, or

(b) the provision of information about any risk to safety or health to which the substance may give rise, about the results of tests on the substance or about its use or disposal in a manner which will be safe and without risk to health of persons at work;

(10) requirements to be imposed on persons who manufacture, or in a case where the manufacture is undertaken outside the State import, any specified substances as regards the carrying out of research with a view to the discovery, elimination or minimisation of risks to safety or health to which the substance may give rise when in use;

(11) requirements to be imposed on persons who design specified places of work as regards the design of such places so as to be safe and without risk to health of persons at work;

(12) requirements to be imposed on persons who construct specified places of work as regards the construction of such places so as to be safe and without risk to health of persons at work;

(13) requirements to be imposed on employers as regards safety statements;

(14) requirements to be imposed as regards the regulation, prohibition or control of the use of any specified article for use at work including the guarding, siting, installing, commissioning, protecting, examining, altering, adjusting, dismantling, testing or inspecting of any such article;

(15) requirements to be imposed as regards the marking of any specified article for use at work or designed for use as a component of such article;

(16) requirements to be imposed as regards the regulation, prohibition or control of the use of any specified substance;

(17) requirements to be imposed as regards the testing, examination, classification or labelling of any specified substance including notification of specified particulars in relation to such substance;

(18) requirements to be imposed as regards the prohibition or the control of importation or supply of any specified article for use at work or of any specified substance;

(19) requirements to be imposed as regards the prohibition or the regulation of the transport of any specified article for use at work or of any specified substance including requirements as regards the construction, testing and marking of containers and means of transport and the packaging and labelling for transport of such articles or substances;

(20) requirements to be imposed as regards the use or design of specified safety signs at places of work;

(21) requirements to be imposed as regards the making of arrangements for health surveillance of persons at work including medical examinations, biological monitoring or special health surveys;

(22) requirements to be imposed as to the registration in a prescribed register of any specified activity or thing;

(23) requirements to be imposed as to the appointment of prescribed persons or classes of persons to do prescribed things in relation to safety, health or welfare at work;

(24) requirements to be imposed as to the regulation or prohibition from prescribed classes of employment of prescribed classes of persons;

(25) requirements to be imposed with respect to any matter affecting the conditions in which persons work, including such matters as the structural conditions and stability of premises, the means of access to and egress from premises, cleanliness, temperature, humidity, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations, dust and fumes and exposure to water or other liquids;

(26) requirements to be imposed as to monitoring the atmospheric or other conditions in which persons work;

(27) requirements to be imposed as to specified facilities or arrangements for welfare at work (including supply of water, sanitary conveniences, washing or bathing facilities, ambulance and first-aid arrangements, cloakroom facilities, seating, refreshment facilities, facilities for the making or taking of meals, prohibiting the taking of meals or refreshments in specified circumstances);

(28) requirements to be imposed so as to limit or control—

(a) the emission into a place of work of any specified gas, vapour, smoke, dust, or any other specified substance arising from work activities,

(b) the emission into the working environment of noise, vibration, any ionising or other radiations,

(c) the monitoring of any such emissions in a place of work;

(29) empowering inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions;

(30) requirements to be imposed with respect to the keeping and preservation of records, including manual or electronic data, books, registers, documents, plans and maps;

(31) requirements to be imposed as regards the safety, health or welfare of persons with respect to the management of animals in or at places of work;

(32) requirements to be imposed as regards any place of work in relation to—

(a) precautions to be taken against dangers to which such place of work or persons therein are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity of that place,

(b) securing that persons in a place of work leave that place of work in specified circumstances where there is a risk to their safety or health;

(33) requirements to be imposed as to the doing of or prohibition of any specified thing where any accident or other occurrence of a specified kind has occurred;

(34) requirements to be imposed with respect to the carrying out of research in connection with the purposes of this Act;

(35) requirements to be imposed in prescribed circumstances with respect to the taking of precautions in connection with the risk of fire;

(36) requirements to be imposed with respect to the notification in a specified manner of specified matters relating to the safety, health or welfare of persons at work, or that of other persons arising out of work activities, (including specified information relating to specified accidents, diseases or dangerous occurrences) to the Authority or an enforcing agency or to an inspector of the Authority or an enforcing agency or to any other specified person;

(37) requirements to be imposed with respect to the safe lifting or handling by persons at work of any load likely to cause injury to a person so lifting or handling it.

FIFTH SCHEDULE

Repeal and Revocation of Certain Provisions of the Existing Enactments Relating to Penalties

Section 4 (2).

PART I

Repeal of Statutes

PART II

Revocation of Statutory Instruments