at Work Act, 2005 The Safety, Health and Welfare A Short ...

1 A Short Guide toThe safety , Health and Welfare at Work Act, 2005 3A Short Guide tothe safety , Healthand Welfare at Work Act, 2005 Published in August 2005 by the Health and safety Authority, 10 Hogan Place, Dublin 2. All rights reserved. No part of this publication may be reproduced, stored in a retrievalsystem, or transmitted in any form or by any means, electronic, mechanical, photocopying,recording or otherwise, without the prior permission of the Health and safety Short GUIDE TO THE safety , Health AND Welfare AT WORK legislation 32 A Short GUIDE TO THE safety , Health AND Welfare AT WORK LEGISLATIONABOUT THIS GUIDEThis guide is designed to provide a brief overview of the responsibilities of keystakeholders including employers and workers under safety .

2 Health and Welfare at WorkLegislation. SECTION 1provides information on the Health and safety Authority what it is andwhat it does. SECTION 2outlines what are the key objectives of the safety , Health and Welfareat Work Act 2005. SECTION 3sets out the duties of the employer. It does not provide a definitiveguide for companies with less than 3 employees who will be governed by the newCode of Practice. SECTION 4provides workers with a list of their duties as set out in the legislation . SECTION 5deals with other people with duties under the Act.

3 SECTION 6overviews the enforcement action than can be taken by the Health andSafety Authority and the penalties set out for breaches of the , the guide outlines where you can obtain further information on any or all of theissues outlined in this publication. This is a practical guide for both employers and employees in theworkplace. I hope it will be of assistance to all in discharging theirobligations under the new primary focus of this Act is on the prevention of deaths and injuriesin the workplace. safety is paramount.

4 This Act is a serious wake-up callto employers who don't do enough to prevent accidents at their placesof employment. Workers also have a duty not to endanger themselves orothers and to be alert to dangerous situations. Mr Tony Killeen TD , Minister for Labour Affairs The new Health , safety and Welfare at Work Act 2005 is a dynamic andmodern piece of legislation which is very timely. The increase in finesand penalties is welcome as I believe strongly that the level of fines andpenalties should reflect the gravity which society attaches to breachesof the law, particularly those which result in death or injury.

5 Tom Beegan, Chief Executive3 A Short GUIDE TO THE safety , Health AND Welfare AT WORK LEGISLATIONTHE safety , Health AND Welfare AT WORK ACT, 2005 The safety , Health and Welfare at Work Act, 2005, places responsibility foroccupational Health and safety on all stakeholders. The Act develops the role ofemployers, employees and Government in framing and implementing occupationalsafety and Health policy in , if you are an employer, an employee, safety representative, safety manager, safety and Health practitioner a self-employed person, if you are commissioning,designing or carrying out construction work, if you are a supplier, importer ordesigner of articles or substances for use at a place of work, or have control to anyextent over a place of work.

6 Or if you are a contractor, then the safety , Health andWelfare at Work Act, 2005 will impact upon safety , Health and Welfare at Work Act, 2005 takes a preventative approach toreducing accidents and ill Health at work. The main effects on each party involvedare set out in this document. The 2005 Act introduces some significant changes inrelation to risk assessment and safety statements where there are less than threeemployees. It also deals with the use of intoxicants, employee s medical fitness forwork, penalties upon conviction and the introduction of on the spot fines.

7 A Short GUIDE TO THE safety , Health AND Welfare AT WORK legislation 5 SECTION 1 What is the Health and safety Authority?The Health and safety Authority is the national body in Ireland with responsibilityfor securing Health and safety at work. It is a state-sponsored body, establishedunder the safety , Health and Welfare at Work Act, 1989 and it reports to the Ministerfor Enterprise, Trade and Employment. What does the Health and safety Authority do?The HSA has an overall responsibility for the administration and enforcement ofhealth and safety at work in Ireland.

8 The HSA monitors compliance with legislationat the workplace and can take enforcement action (up to and includingprosecutions). We are the national centre for information and advice to employers,employees and self-employed on all aspects of workplace Health and safety . TheAuthority also promotes education, training and research in the field. Because safety is everybody s responsibility there is always wide consultation withemployers, employees and their respective organisations. To help develop soundpolicies and good workplace practices the authority works with various AdvisoryCommittees and Task Forces, etc.

9 Which focus on specific occupations or hazards. The staff of the HSA provide the following services to employers, employees and thepublic: promote good standards of Health and safety at work inspect all places of work and monitor compliance with Health andsafety laws investigate certain serious accidents, causes of ill Health andcomplaints carry out and sponsor research on Health and safety at work publish codes of practice, guidance and information provide an information service during office hours develop new laws and standards on Health and safety at work 4 A Short GUIDE TO THE safety , Health AND Welfare AT WORK LEGISLATIONSECTION 2 - safety .

10 Health ANDWELFARE AT WORK ACT 2005 The safety , Health and Welfare at Work Act 2005 sets out the main provisions forsecuring and improving the safety , Health and Welfare of people at work. The 2005 Act replaces the safety , Health , and Welfare at Work Act 2005 Act sets out: The requirements for the control of safety and Health at work. The management, organisation and the systems of work necessary toachieve those goals. The responsibilities and roles of employers, the self-employed,employees and others. The enforcement procedures needed to ensure that the goals are 3 - EMPLOYERS DUTIESE mployers (including self-employed persons) are primarily responsible for creatingand maintaining a safe and healthy workplace.