SHWWAct2005 No 10

1 19 October 2005.. Number 10 of 2005.. SAFETY, HEALTH AND WELFARE AT WORK ACT 2005.. ARRANGEMENT OF SECTIONS. PART 1. Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Service of notices, etc. 4. Repeals and savings. 5. Expenses. 6. Application of relevant statutory provisions to certain public service activities. 7. Application of relevant statutory provisions to self-employed persons. PART 2. GENERAL DUTIES. Chapter 1. General Duties of Employer 8. General duties of employer. 9. Information for employees.

2 10. Instruction, training and supervision of employees. 11. Emergencies and serious and imminent dangers. [No. 10.] Safety, Health and Welfare at Work [2005.]. Act 2005. Section 12. General duties of employers to persons other than their employees. Chapter 2. General Duties of Employee and Persons in Control of Places of Work 13. Duties of employee. 14. Interference, misuse, etc. 15. General duties of persons in control of places of work, etc. Chapter 3. General Duties of Other Persons 16. General duties of designers, manufacturers, importers and suppliers of articles and substances.

3 17. Duties related to construction work. PART 3. Protective and Preventive Measures 18. Protective and Preventive Measures. 19. Hazard identification and risk assessment. 20. Safety statement. 21. Duty of employers to co-operate. 22. Health surveillance. 23. Medical fitness to work. 24. Joint safety and health agreements. PART 4. Safety Representatives and Safety Consultation 25. Safety representatives. 26. Consultation and participation of employees, safety committees. 27. Protection against dismissal and penalisation. 28. Complaints to rights commissioners.

4 29. Appeals from and enforcement of decisions of rights commissioner. 30. Enforcement of determinations of Labour Court. 2. [2005.] Safety, Health and Welfare at Work [No. 10.]. Act 2005. Section 31. Evidence of failure to attend before or give evidence or produce documents to Labour Court. PART 5. The Authority Chapter 1. The Authority 32. Continuance in being of Authority. 33. Minister may prescribe persons to perform certain functions. 34. Functions of Authority. 35. Conferral of additional functions on Authority. 36. Establishment of subsidiaries.

5 37. Membership of Authority. 38. Advisory committees. 39. Chief Executive. 40. Consultants and advisers. 41. Disclosure of certain interests by members of Authority. 42. Disclosure of certain interests by members of staff of Authority. 43. Strategy statement. 44. Work programme of Authority. 45. Grants to Authority. 46. Power to borrow. 47. Fees for services, etc. 48. Accounts and audits. 49. Attendance before Committee of Public Accounts. 50. Attendance before other committees of Houses of the Oireachtas. 51. Reports and information to the Minister.

6 Chapter 2. Staff of Authority 52. Staff of Authority. 53. Remuneration of staff of Authority. 3. [No. 10.] Safety, Health and Welfare at Work [2005.]. Act 2005. Section 54. Transfer of officers etc., to Authority. 55. Code of conduct. 56. Superannuation of staff of Authority. PART 6. Regulations, Codes of Practice and Enforcement Chapter 1. Regulations and Codes of Practice. 57. Review of legislation. 58. Regulations. 59. Miscellaneous adaptations. 60. Codes of practice. 61. Use of codes of practice in criminal proceedings. Chapter 2.

7 Enforcement 62. Authorisation of inspectors. 63. Medical examinations. 64. Powers of inspectors. 65. Directions for improvement plan. 66. Improvement notice. 67. Prohibition notice. 68. Contravention of prohibition notice application to High Court. 69. Notices to be displayed. 70. Investigations and special reports. 71. Order of High Court as to use of place of work. Chapter 3. Obtaining and Disclosure of Information 72. Power to require information. 73. Prohibition on unauthorised disclosure of confidential information. 74. Amendment of Freedom of Information Act 1997.

8 4. [2005.] Safety, Health and Welfare at Work [No. 10.]. Act 2005. Section 75. Disclosure of information. 76. Disclosure of information by inspector in certain circumstances. PART 7. Offences and Penalties 77. Offences. 78. Penalties. 79. Provisions regarding certain offences. 80. Liability of directors and officers of undertakings. 81. Onus of proof. 82. Prosecution of offences. 83. Appeals from orders. 84. Evidence. 85. Publication of names of certain persons. PART 8. Miscellaneous 86. Indemnification of inspectors, etc. 87. Powers of officer of customs and excise to detain articles, etc.

9 88. Licences. 89. Amendment of National Standards Authority of Ireland Act 1996. SCHEDULE 1. Associated Statutory Provisions SCHEDULE 2. Existing Enactments SCHEDULE 3. General Principles of Prevention SCHEDULE 4. Safety Committees 5. [No. 10.] Safety, Health and Welfare at Work [2005.]. Act 2005. SCHEDULE 5. The Authority SCHEDULE 6. The Chief Executive SCHEDULE 7. Regulations 6. [2005.] Safety, Health and Welfare at Work [No. 10.]. Act 2005. Acts Referred to Air Navigation and Transport Act 1936 1936, No. 40. Air Pollution Act 1987 1987, No.

10 6. Boiler Explosions Act 1882 45 & 46 Vict., c. 22. Boiler Explosions Act 1890 53 & 54 Vict., c. 35. Civil Service Regulation Act 1956 1956, No. 46. Companies Acts 1963 to 2003. Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8. Consumer Information Act 1978 1978, No. 1. Coroners Act 1962 1962, No. 9. Courts Act 1981 1981, No. 11. Dangerous Substances Acts 1972 and 1979. Data Protection Acts 1988 and 2003. Defence Act 1954 1954, No. 18. Defence (Amendment) (No. 2) Act 1960 1960, No. 44. Electricity (Supply) Acts 1927 to 2004.