Safety Representatives Resource Book IRELAND
Safety Representatives Resource Book IRELAND
A country where worker safety, health and welfare and the safe
management of chemicals are central to successful enterprise.
SAFETY REPRESENTATIVES
RESOURCE BOOK
ISBN 978-9-781-84496-6
HSA0431
The publishers acknowledge the permission of the British Trade Unions Congress to adapt the model of their
publication, Hazards at Work Organising for Safety and Healthy Workplaces and to use content in this publication.
This publication has also been published online and can be downloaded from the Health and Safety Authority’s
website www.hsa.ie.
This publication is a resource providing information for guidance in the overall context of health and safety in
the workplace, but does not address specific issues which may arise at a given time on which specific advice
may be required.
FOREWORD
When the Health and Safety Authority was representatives varied nationally between sectors
established under the Safety Health and and by enterprise size.
Welfare at Work Act 1989 one of the first
advisory committees established was the The role of the safety representative is also
Advisory Committee on Representation and important in small and medium sized industry
Consultation. The establishment of the role of and this is reflected in the BeSmart (hazard
the safety rpresentative was a vital element identification, risk assessment, safety statement)
in the Barrington Report 1983 (Report of the Tool which facilitates safety representative input.
Commission of Inquiry on Safety Health and
Welfare at Work) which was the primary driver In many cases there are no safety representatives
along with forthcoming EU legislation for the and the knowledge and understanding of the role
enactment of the 1989 Act. appears to be diminishing. In some cases the
safety representative is appointed by management
The advisory committee developed guidelines contrary to the legislation and it is also found in
for safety representation and consultation on some cases where safety representatives are
safety and health at work which helped develop appointed there is some lack of clarity on the role
the role of safety representative in industry in on behalf of all parties’ viz. safety representatives,
Ireland. These guidelines worked well in support employees and employers.
of workers, employers and all duty holders in the
place of work. The Authority hosted a conference targeted on
safety representatives in 2009 which was heavily
The role of the safety representative was further subscribed reaffirming the need for development
reinforced in the Safety Health and Welfare at opportunities for safety representatives. There is
Work Act 2005 and in the various iterations of also concern that the safety representative role
Construction (Safety, Health and Welfare at Work was further diminished during the economic bust
(Construction) Regulations up to and including the cycle from 2007 to 2012.
2013 Regulations.
Based on conversations held with the Irish
It can be reasonably be argued that the role of Congress of Trade Unions (ICTU) safety committee
the safety representative was very important in chairman and former Authority board member
the campaign in the late 1990’s to drive down (Eamon Devoy) it was considered timely to develop
the tragic fatality rate in the construction sector. a resource to re-energise the role of the safety
The Safety Representatives Facilitation Project representative. This resource would act as a
was established and the employer and employee working guide for safety representatives and also
representative bodies, with the support of the support the development of appropriate training
Authority, established the Construction Safety programmes for safety representatives. The British
Partnership. TUC (Trade Union Congress) resource, Hazards
was considered to be a suitable model on which to
During inspection programmes in recent years build the Irish resource. Through the collaboration
it has been found by inspectors that the level of between the TUC and the ICTU the TUC kindly
compliance with the provision in relation to safety gave access to their resource Hazards at Work,
Martin O’Halloran
Chief Executive Officer, Health and Safety Authority
28th April 2015
SECTION 7 VULNERABLE
WORKERS 239
Then with the coming of the industrial revolution the two years preceding the establishment of the
Governments started to enact laws to protect US Occupational Safety and Health Administration
workers from the worst ravages of the workplaces (US-OSHA), 28,000 workers died because of
of the times. In Britain in 1802 an Act for workplace hazards.
the Preservation of the Health and Morals of
Apprentices was introduced. Sometimes known as In Ireland the Government brought in the Factories
the first Factory Act, it applied only to cotton mills. Act 1955.
Mill owners were required to clean their premises
twice a year and to ensure that there were In Britain in the 1970s a committee, under the
sufficient windows to admit fresh air. They were chairmanship of Lord Robens was established.
also required to supply apprentices with suitable The Robens Report led to the enactment of
clothing and accommodation. the Health and Safety at Work Act 1974 and
the establishment of the Health and Safety
In 1833 the first Factory Act became law and the Commission and the HSE-GB.
first factory inspectors were appointed. Throughout
the 19th century more legislation, such as the In 1974 the European Economic Community
Ten Hour Act 1850 was enacted. In Germany in (EEC) established an Advisory Committee on
1883, Otto von Bismarck, the German chancellor Safety, Hygiene and Health at Work. In 1984
of the time, introduced the first social insurance the European Commission published an action
legislation. In the United States in 1893 Congress programme on safety and health at work
passed the Safety Appliance Act. The Act, which
only applied to the railroads, required that work
equipment be safe. Much of the legislation enacted Barrington and the establishment of
was in response to specific concerns in specific the HSA
sectors. The Barrington Commission, named after its
chairman, Mr Justice Donal Barrington, was
During the later years of the 19th century and established in 1980 and reported in 1983. In its
the early years of the 20th century the courts report the Commission, which expressed a distrust
developed the concept of the employers’ duty of of legalism, stated that:
care and Workmen’s Compensation Acts were • Health and safety is a management
passed into law. In the United States in 1910 responsibility, from the managing director
Congress established the Bureau of Mines to down.
conduct research into mine safety. However the
Bureau had no power to regulate mines. • That the health and safety system must be
preventive.
In 1922 the Irish Free State, comprising 26 of • And that workplaces must be safe.
Ireland’s 32 counties, left the United Kingdom. The
new State formed its own factory inspectorate. As a management responsibility safety must,
the Commission said, be an integral part of the
management process. Safety should be managed
Post World War II: a progressive era in the same way as productive efficiency. The
In the years after World War II the political wind Commission stated, “Workers have an interest
favoured occupational health and safety. In France, in, and responsibilities in relation to health
the first post-war Government, a multi-party coalition, and safety”. They are entitled to information
led by General Charles de Gaulle, introduced concerning hazards and to be involved in
reforms and brought in legislation to provide greater decisions which affect their working environment.
health and safety protection to workers. While recognising that co-operation was
desirable, the Commission acknowledged that
In America production increased significantly there can be a divergence of interest between
during the War and industrial accidents soared. In management and workers.
Saying that several major and urgent initiatives what some call “the administrative burden”. This
were necessary, the Commission proposed: is seen by others as an attack on standards. This
• A new framework Act which would be book is not the place for a debate on the merits of
an expression of the general principles either contention, but all readers should be aware
applicable to all (that became the Safety, of the debate.
Health and Welfare at Work Act 1989).
Health and safety law –
• The establishment of a national authority an overview
which would have responsibility for OSH There is an extensive body of statutory health
matters (that became the Health & Safety and safety law: there are 16 Acts and over 200
Authority – the HSA). statutory instruments or regulations. There is also
• That there would be a massive and sustained the common law.
exercise in training, education and information
at every level. There are two forms of statutory law:
• That health and safety regulation, which up • Acts of the Oireachtas. Acts of the Oireachtas
to then applied only to 20% of workplaces are known as primary legislation.
would apply to all workplaces. • Statutory instruments or regulations.
• That inspections carried out by the Regulations are known as secondary
inspectorate would not simply look at legislation. Regulations are made under
hardware (guards on machines) but would powers granted to the Government in primary
keep alert the internal responsibility system in legislation.
organisations.
Some Acts, such as the Fire Services Act 1981
The OSH system now in place in Ireland is firmly or the Personal Injuries Assessment Board Act
based on the recommendations of the Barrington 2003, are not strictly health and safety legislation
Commission and have a wider application. Nonetheless the Acts
are relevant to occupational health and safety. Fire
The European influence: past and future safety is a major workplace safety issue.
As we have seen in the post War era measures
were put in place to better protect the health and In this book we are concerned with present day
safety of workers. Ireland joined the then European health and safety law and its application and the
Economic Community (EEC) in 1973. In the years practice of health and safety management in the
that followed, particularly under presidency of workplace.
Jacque Delors, the Community (now the European
Union) developed a comprehensive body of OSH The recommendation for the enactment of a
legislation. framework Act bore fruit when the Safety, Health
and Welfare at Work Act 1989 (SHWW Act 1989)
The Framework Directive on Measures to was passed by the Oireachtas. The Act, as well
Encourage Improvements in Safety and Health at as setting out the general principles of health
Work was adopted. All member States including and safety law, provided for the establishment of
Ireland were required to transpose it in to national the HSA. Since its establishment the Authority
law. Effectively the SHWW Act 1989 transposed has undertaken the recommended “massive”
the principles of the Framework Directive in to programme of training, education and the provision
Irish national law. The ‘daughter directives’ adopted of information. Some years ago the SHWW Act
under the Framework Directive were transposed 1989 was repealed and replaced by the Safety,
into Irish law in the years that followed. Health and Welfare at Work Act 2005 (SHWW
Act 2005) and in general, unless specifically
Currently at Commission level in Europe and at mentioned, references to the SHHW Act, will in
national level Governments are looking at reducing this book be to the SHWW Act 2005.
At the same time, in the 1980s, the European impact on particular workplaces are considered in
Community was developing a transnational body more detail in the sections on the hazards of the
of health and safety law, based on a Framework workplace (Section 6), vulnerable workers (Section
Directive and a series of daughter directives: 7) and workplaces (Section 8).
• Directive concerning the minimum health
While the SHWW Act 1989, now repealed
and safety requirements for the workplace,
by the SHWW Act 2005, was based on the
commonly known as the Framework Directive
recommendations of the Barrington Commission,
(Directive 89/654/EEC).
the majority of Irish health and safety regulations
• Directive concerning the minimum are derived from European Directives.
requirements for safety and health for the
use of work equipment by workers at work There are two other sources of what is sometimes
(Directive 89/655EEC). called ‘quasi-statutory law’. They are:
• Directive concerning the minimum • Codes of Practice published by the HSA, which
requirements for safety and health for the use are intended to provide practical guidance on
of personal protective equipment (Directive how to comply with statutory provisions.
89/656EEC).
• Technical standards, drawn up in Ireland by
• Directive on the minimum health and safety the National Standards Authority of Ireland
requirements for the handling of loads (NSAI).
(Directive 90/269/EEC).
• Directive on the minimum health and safety The Common Law
requirements for work with display screen As Raymond Byrne writes in Safety, Health and
equipment (Directive 90/270/EEC). Welfare at Work Law in Ireland (second edition),
common law rules are rules laid down by the
• Directive on the minimum requirements for
courts over the years in litigated cases. They are
provision of safety and health signs at work
judge-made rules.
(Directive 92/58/EEC).
• Directive on the introduction of measures The common law originated in England and over
to encourage improvements in the safety the centuries was exported to Ireland, the United
and health at work of pregnant workers States of America and other countries, such as
and workers who have recently given birth Australia, Canada and New Zealand, which were
(Directive 92/85/EEC). part of the British Empire.
Common law is based on precedent. The rule is
These Directives are the basis of the General that the higher the court that lays down a rule the
Application Regulations, originally the Safety, more binding the rule is. In Ireland the Supreme
Health and Welfare at Work (General Application) Court is the highest court in the land and its
Regulations 1993, now replaced by the Safety, decisions are binding on lower courts. Just recently
Health and Welfare at Work (General Application) a new court, the Court of Appeal, has been
Regulations 2007. The regulations are commonly established in Ireland and if the Supreme Court
referred to as the General Application Regulations has not set a precedent for a particular set of
and unless indicated otherwise, references in this circumstances, then a judgment of the new court
book to the General Application Regulations will will set precedent, unless appealed to the Supreme
be to the 2007 Regulations. Court. Judgments of the High Court rank next in
terms of setting precedent.
The principal Acts and Regulations, which have
cross-sectoral relevances or even if sector Though not bound by decisions setting precedents
specific, like the Construction Regulations, have in other common law jurisdictions, Irish courts will
wide application, are reviewed in section 2, while have regard to such judgments. As we will see in
regulations which deal with specific hazards or the chapter on compensation for injury and illness,
judges applying the common law established that The safety representative’s function is to represent
employers owed a duty of reasonable care to the employees who have selected him/her by
their employees. If they failed to take reasonable making their concerns about health and safety
care, employees would be entitled to sue their issues known to the employer and by ensuring that
employers for negligence and if the employer was the employer takes action to address the concerns
found to have been negligent, to recover damages expressed by eliminating the risks to employees’
for injuries suffered, whether the injury was a health, safety and welfare. The overall aim of the
physical injury or an occupationally-related illness. safety representative has been described as being,
“To help achieve and influence safe and healthy
The application of statutory law workplaces to protect workers’ health and safety”.
As we will also see in the chapter on
compensation, injured employees can sue Employers are required to consider representations
employers for breaching statutory provisions. made by safety representatives and act upon them
if necessary.
The HSA’s enforcement powers are derived
from statutory law. Under the SHWW Act the The right of employees to be consulted and
Authority can prosecute an employer or serve an make representations and the role of the safety
improvement notice or prohibition notice on an representative, which is at the heart of what this
employer it believes is in breach of a provision book is about are considered in detail in Section 4.
of the Act or a regulation made under the Act
for the alleged offence. The Authority has similar
powers under the Chemicals Acts 2008-2010
and other Acts.
This part of the Act sets out the duties of • Provide information, training, instruction and
employers, employees and other persons, such as supervision (8.2.g).
the owners of property, designers, manufacturers • Carry out hazard identification and risk
and suppliers. Broadly speaking all are required, assessments and put in place preventative
in so far as their function is concerned, to ensure, measures (8.2.h).
General Duties of Employees and provided for securing the safety, health and welfare
Persons in Control of Places of Work of persons at work nor place at risk the safety,
(sections 13-15) health and welfare of others in connection with
work activities.
Section 13: Duties of employee
Employees are required, while at work, to: Section 15: Duty of persons in control of a
• Comply with statutory provisions. place of work
A person who is in control of a non-domestic
• Take reasonable care to protect their own place of work shall ensure, in so far as reasonably
safety, health and welfare and that of practicable, that the place of work, the means
others who may be affected by their acts or of access or egress or any article or substance
omissions at work (13.a). provided for use at the place of work, are safe and
• Not to be under the influence of an intoxicant without risk to health. Where a person has by virtue
to the extent that he/she endangers his/her of any contract, tenancy, licence or other interest an
own safety, health and welfare or that of any obligation to maintain or repair the place or access
other person (13.b). or egress or has an obligation as regards articles or
• If required, to submit to appropriate, substances, this section applies to that person.
reasonable and proportionate tests for
intoxicants by or under the supervision of
a registered medical practitioner who is a General Duties of Other Persons
competent person (13.c). Regulations to give (sections 16-17)
effect to this provision have yet to be enacted.
Section 16: Duties of designers,
• Co-operate with his/her employer or other
manufacturers, importers and suppliers
persons to enable the employer or other person
A person who designs, manufactures, imports or
to comply with statutory provisions (13.d).
supplies any article or substance is under a duty
• Not to engage in any improper conduct or to ensure, in so far as reasonably practicable, that
behaviour likely to endanger his/her own it is safe and without risk to health when properly
safety, health and welfare or that of any other used. They are required to ensure the article
person (13.e). or substance complies with relevant statutory
• Attend training and, as appropriate, undergo provisions and European Directives, has been
such assessment as may reasonably be tested to ensure compliance, to provide adequate
required (13.f). information on its safe use and, if dangers become
known, to inform those to whom the article or
• Having regard to his/her training and the
substance has been supplied.
instructions given by his/her employer,
make correct use of any article or substance
If the person erects, assembles or installs an article
(including PPE) provided for his/her use or
for use at a place of work they shall, in so far as
protection (13.g).
reasonably practicable, ensure that it is assembled
• Report any defects of which he/she is aware or installed so as not to be unsafe or a risk to health.
of in the place of work, or systems of work.
Report any articles or substances which might Section 17: Duties relating to
endanger the employee or others (13.h). construction work
• When entering into a contract of employment, A person who commissions or procures a project for
not to misrepresent his/her level of training construction work shall appoint competent persons
(13.i). to ensure, in so far as reasonably practicable, that
the project is designed, constructed and maintained
Section 14: Interference or misuse to be safe and without risk to health and to comply
No person may, recklessly or without reasonable with relevant statutory provisions. Those who design
cause, interfere with, misuse or damage anything or construct a project are required, in so far as
reasonably practicable, to ensure that it is safe and Section 20: Safety statement
without risk to health. Employers are required to have a safety statement.
The safety statement should be brought to
employees’ attention on commencement of
Part 3: Protective and Preventive employment, following any amendments and, at
Measures (sections 18-24) least annually, should be brought to the attention
of other people at the place of work who may be
In order to comply with their duties, employers are exposed to risks to which it applies.
required to take measures to protect employees
and prevent accidents and ill-health. Employers are Employers are required to prepare a safety
required to identify the hazards of the workplace, statement, which should be based on the hazard
assess the risks presented by the hazards and identification and risk assessment process, and
put in place measures to, if possible, eliminate the which should specify the manner in which employees’
hazard, and if not, to reduce the risk to the lowest health and safety is to be secured and managed.
practicable level. The hazards identified, the risk
assessment and the measures being taken should Where there are specific tasks that pose a serious
be set out in the employer’s safety statement, risk, the employer should bring the relevant
which should be specific to the place of work. extracts (parts) - identifying the risk, giving the
assessment and setting out the protective/
Section 18: Protective and preventive prevention measures taken - in the safety
measures statement to the attention of those affected.
Employers are required to appoint one or more
competent persons to perform the functions, The safety statement should set out the protective
specified by the employer, relating to protection and preventive measures taken and the resources
from and prevention of risks to safety, health and provided to protect employees’ health and
welfare at work. The employer shall ensure that safety. It should include details of the plans and
the number of persons appointed and the time procedures to be followed in the event of an
and means available to them are adequate, having emergency or serious and imminent danger. Also,
regard to the size of the place of work and the it should set out the duties of employees and
risks to which employees are exposed and the names and job titles (if applicable) of persons with
distribution of those risks in the place of work. The health and safety responsibilities.
employer shall also arrange to ensure adequate
co-operation between the competent persons If an employer contracts with another employer
appointed and safety representatives. to provide services, that employer shall require
the employer providing the services to be in
Section 19: Hazard identification and risk possession of an up-to-date safety statement.
assessment
Employers are required to identify the hazards If there is a code of practice for a type of work
of the place of work and to assess the risks, activity, an employer who employs three or fewer
including the risk to any employee who may be people and is engaged in that type of activity need
exposed to any unusual risks. Employers must be not have a safety statement and shall be deemed
in possession of a written risk assessment. to be compliant if he/she observes the code.
Risk assessments must be reviewed where there Section 21: Duty of employers to co-operate
has been a ‘significant’ change in the matters to Where employers share a place of work, they are
which the risk assessment relates - or if there required to co-operate on complying with and
is another reason to believe it is no longer valid. implementing health and safety legislation. In doing
Following the review, the risk assessment should so, they should take into account the nature of the
be amended. work carried on and co-ordinate their activities and
inform each other and their respective employees/
Section 24: Joint safety and health Employers and safety representatives shall agree,
agreements having regard to the nature and extent of the
Joint health and safety agreements were a new hazards of the place of work, on the frequency of
concept introduced by the SHWW Act 2005. Joint inspections and employers are bound to consider
health and safety agreements allow trade unions representations made by safety representatives.
representing employees and employers to enter
into agreements providing practical guidance for Safety representatives are entitled to time off
employers and employees on health and safety issues. work, without loss of remuneration, to discharge
their functions and to be trained for the role. If
Where such trade unions reach an agreement, they an HSA inspector is carrying out an inspection,
may apply to the HSA to approve the agreement. employers must inform the safety representatives.
If the Authority approves an agreement, inspectors
shall take account of it when assessing an Safety representatives are entitled to copies of
employer’s compliance with legislation. notices issued by inspectors.
Employers are obliged to consider any The Board of the Authority is appointed by the
representations made. Government Minister with responsibility for
employment and labour affairs. The Board includes
Sections 27: Protection against dismissal representatives of the three social partners:
and penalisation Government, employers and trade unions. The
Employers are prohibited from penalising (defined Board comprises 12 members: a chairperson
as dismissal, demotion, transfer, imposition of and five other persons nominated by the Minister,
duties, coercion/intimidation) or threatening to one of whom represents the Department under
penalise employees who are performing any duty, whose auspices the Authority operates; three
exercising rights or who make complaints relating persons appointed by organisations representing
to health and safety, or who give evidence in employers; and three by organisations
enforcement proceedings. representing employees (trade unions). The Board
holds office for three years.
Section 28: Complaints to Rights
Commissioners The Board is required to:
An employee who claims he/she is being
• Appoint a chief executive.
penalised may make a complaint to a Rights
Commissioner, who, having given the parties • Every three years prepare a strategy
an opportunity to be heard, can give a decision, statement for approval by the Minister.
including requiring an employer to pay
• Every year prepare a work programme for
compensation of such amount as is just and
approval by the Minister.
equitable. Complaints must be made within six
months of the event giving rise to the complaint. • Present an annual report to the Minister.
Complaints must be presented in writing.
The Board is funded by a Government grant but it
Section 29: Appeals and enforcement of has powers to borrow and charge fees for services.
Rights Commissioner decisions
A party who disagrees with a Rights The number of staff appointed by the Authority is
Commissioner’s decision may appeal to the Labour subject to ministerial approval. The Authority is, in
Court. Appeals must be initiated within six weeks regard to pay, obliged to abide by Government or
of the Rights Commissioner’s decision being nationally-agreed guidelines.
communicated.
Section 65: Directions for improvement plan safety, health and welfare that is so serious that a
Where an inspector is of the opinion that there is or place of work or a part of a place of work should
is likely to occur an activity which involves or is likely be closed, apply ex-parte (orally to the court and
to involve risk to health and safety, he/she may without notice to the party against whom the order
require an employer to submit an improvement plan. is sought) to the High Court to prohibit or restrict
A copy of the direction requiring the improvement work until specified remedial measures to reduce
plan must be given to a safety representative. the risk are taken. The court may grant what is in
effect a closure order, on such terms as it sees fit.
An inspector must, within one month of receipt of
the improvement plan, confirm whether he/she
is satisfied or not satisfied that it is adequate, or Part 7: Offences and Penalties
direct that it be revised.
Section 77: Offences
Section 66: Improvement notice While they are not classified as categories of
If an inspector is of the opinion that a person is offences, the Act effectively breaks offences
contravening a statutory provision or has failed down into two categories: serious and less serious
to comply with a direction for an improvement offences.
plan, he/she may serve an improvement notice,
requiring the person to take measures to remedy Among the less serious offences are failing to
the contravention. The inspector should give a discharge duties, such as hazard identification
copy of the improvement notice to the safety and risk assessment; failing to consider
representative (if any). A person who is aggrieved representations made by safety representatives;
has 14 days to appeal to the District Court. failing to inform a safety representative that an
inspector is carrying out an inspection; failing to
Where a person on whom a notice has been consult with employees on safety arrangements;
served is of the opinion that he/she has complied or failing to allow safety representatives time off
with the notice, he/she shall let the inspector know to acquire the knowledge and training to perform
in writing and give a copy of the response to the their duties and the time off to discharge their
safety representative. The inspector then has one duties.
month to either confirm (in writing) that he/she is
or is not satisfied with the measures taken. Among the offences classified as serious are
failure by an employer to discharge section 8
Where there is a safety representative at a place general duties and in providing information,
of work, the inspector must give a copy of the instruction, training and supervision for employees.
improvement notice to the safety representative. Other serious offences include obstructing an HSA
inspector and recklessly or knowingly making false
Section 67: Prohibition notice statements to an HSA inspector.
An inspector may, if he/she forms the opinion that
an activity is, or is likely to, result in serious injury, Section 78: Penalties
serve a prohibition notice. A person upon whom a Charges for less serious offences shall be
prohibition notice is served should stop the activity brought in the District Court by way of summary
specified immediately, even if he/she disputes proceedings and if convicted, the person charged
the validity of the notice. If he/she disputes the shall be fined a sum not exceeding €5,000.
validity of the notice, he/she may apply to court
to have the operation of the notice suspended. In relation to serious offences, if summary
Alternatively, the aggrieved person may appeal to charges are brought in the District Court, a person
the District Court within seven days of the notice. convicted may be fined up to €5,000 and/or
imprisoned for a period not exceeding 12 months.
Section 71: High Court closure order If the charges are brought on indictment in the
The HSA may, if it considers there is a risk to Circuit Court, a person convicted may be fined up
to €3m and/or sentenced to imprisonment for a in court cases and the Court of Criminal Appeal
period not exceeding two years. has held that the prosecution must first establish a
prima facie case.
Section 79: Provisions regarding certain
offences (on-the-spot fines) Section 85: Publication of names
As it stands, this section is an enabling section, The Authority has the power to publish the names
which will allow the Minister to introduce of persons on whom fines or other penalties
regulations prescribing a range of offences (yet to have been imposed by the courts, or on whom a
be decided upon) as being liable for on-the-spot prohibition notice has been served.
fines. These fines will require the person on whom
a notice specifying such an offence is served to Schedule 4: Safety Committees
pay a fine not exceeding €1,000 within 21 days. If employees decide to do so, they can select,
with the agreement of the employer, a safety
Section 80: Liability of directors and officers committee. A number of members shall be not less
Where an offence is proved to have been than three and shall not exceed one for every 20
committed with the consent or connivance of - persons employed or ten, whichever is the less.
or can be attributed to any neglect on the part Where there are four or less members, one may
of a director or manager or other officer of the be appointed by the employer and if there are not
company - that person, as well as the company, more than eight members, two may be appointed
will be guilty of an offence and be liable to be by the employer. If there are more than eight
proceeded against. members, three may be appointed by the employer.
At least one safety representative shall be selected
Section 81: Onus of proof and appointed to the committee by the employees.
As is now common in many statutes, the onus of The quorum for committee meetings shall be
proof is shifted on to the defendant. It is up to a not less than three. The employer is obliged to
person charged with failure to comply with a duty consult with the safety committee in relation to the
to prove that it was not practicable for him/her/ facilities to be provided and the frequency, duration
it to do more than was in fact done to satisfy the and time of meetings.
duty or requirement. This section has been tested
Reasonably practicable
Means, in relation to the duties of an employer, that an employer has exercised all due care by
putting in place the necessary protective and preventative measures, having identified the hazards
and assessed the risks to safety and health likely to result in accidents or injury to health at the
place of work and where the putting in place of any further measures is grossly disproportionate,
having regard to the unusual, unforeseeable and exceptional nature of any circumstances or
occurrence that may result in an accident at work or injury to health at that place of work.
Competent person
A person is deemed to be competent where, having regard to the task he or she is required
to perform and taking account of the size or hazards (or both of them) of the undertaking or
establishment in which he or she undertakes work, the person possess sufficient training, experience
and knowledge appropriate to the nature of the work to be undertaken. Account shall be taken,
as appropriate of the framework of qualifications referred to in the Qualifications (Education and
Training) Act 1999.
on employees. For sedentary office work, the be taken of dimensions and use of the buildings,
minimum temperature after one hour should be equipment, the characteristics of chemical and
17.5 degrees centigrade and for other sedentary physical substances present, the number of people
work it should be 16 degrees. Where, due to present and ensure non-automatic fire-fighting
process requirements, a temperature of below 16 equipment is easily accessible and simple to
degrees is necessary, the employer must assess use. Its presence should be indicated by signs.
the risks and take measures to ensure the safety, Fire-fighting and detection equipment should
health and welfare of employees. be inspected and maintained as frequently as
necessary and serviced, also as frequently as
Lighting (reg 8) necessary, by a competent person.
Lighting may be natural or artificial. It should be
adequate to protect employees’ safety and health. The regulations governing emergency routes
Installations should be fitted in such a way that and exits are now linked by reference to the Fire
they cause no risk of accident. Emergency lighting Services Acts 1981 and 2003. Emergency routes
should be fitted where special risks arise if the and exits should be kept clear.
artificial light was to fail.
Movement of pedestrians and vehicles
Floors, walls, ceilings and roofs of rooms (reg 14)
(reg 9) Workplaces, both outdoor and indoor, should be
There should be no dangerous bumps, holes and organised so that pedestrians and vehicles can
slopes on floors and they should not be slippery. circulate safely. Pedestrian and traffic routes
Transparent and translucent walls, in particular should be clearly identified for the protection of
all-glass partitions, should be clearly indicated employees where the use and equipment of places
and made of safety materials. Access to ceilings of work so require. Where there is a risk of persons
and roofs which are of insufficient strength is not or objects falling, the areas should be indicated
permitted, unless equipment to ensure work can and equipped to prevent unauthorised persons
be carried out safely is provided. from entering. Traffic routes should be designed
to allow for safe and easy access, take account
Windows and skylights (reg 10) of the number of users and allow for sufficient
Windows, skylights and ventilators should be able clearance between vehicles and pedestrians.
to be opened and closed safely and be capable of
being cleaned without risk to health and safety. Loading bays and ramps (Reg 16)
Loading bays and ramps should be of suitable
Doors and gates (reg 11) dimensions for the loads to be carried, have at
The positions, numbers, dimensions and the least one exit point and, if longer than the width of
materials used in doors and gates should be five vehicles, have an exit point at each end. They
appropriate for the safety, health and welfare of should be safe enough to prevent employees from
employees. Swing doors and gates should be falling off.
translucent (these should be marked and made of
safety materials, so that employees are protected Room dimensions, air space and movement
against injury) or have see-through panels. There at workstation (reg 17)
should be safety devices so that doors function The dimensions of workrooms and workstations
without risk to safety. should allow sufficient space for an employee to
perform his/her work safely and without risk to
Fire and fire-fighting and emergency routes health.
and exits (reg 12 and reg 13)
These regulations specifically requires employers General Welfare Requirements (Reg 18)
to ensure workplaces are equipped with fire- Workplaces should be kept clean, with waste being
fighting equipment and, as appropriate, fire removed as frequently as necessary to maintain
detectors and an alarm system. Account should health and safety standards. There should be an
Accommodation area at a place of work equipment presents a specific risk, its use should
(Reg 22) be restricted to those employees required to use it
This provision requires employers to ensure - and where repairs and/or maintenance work are
that fixed living accommodation provided for being carried out, only competent people should
employees is safe and without risk to health and, carry out such work. Information and instructions
unless used in exceptional circumstances, has should be understandable.
sufficient sanitary equipment and is equipped
with beds, cupboards, tables and seats. Account Control devices must be visible and identifiable
should be taken of the number of persons at work and if possible located outside danger areas.
and accommodation should be allocated taking Ideally it should be possible to ensure nobody is in
account of the presence of both sexes. a danger area, but if this is impracticable, audible
or visible warning signs should operate whenever
Outdoor places of work (reg 23) machinery is about to start. An exposed employee
Where employees are employed at outdoor should be able to avoid the hazard by either
workstations, employers are required, as far as starting or stopping the equipment. All equipment
possible, to arrange for them to be protected and work stations should be fitted with stop
against inclement weather conditions, and ensure controls. Where there is a risk of physical contact,
they are not exposed to harmful gases, vapours or guards and protection devices should be fitted. It
dusts and cannot slip or fall. should be possible to isolate equipment from its
energy sources.
Pregnant, postnatal and breastfeeding
employees (reg 24) Warning devices should be clear and easily
Employers are required to provide rest facilities for understood. When maintenance work is being
pregnant, postnatal and breastfeeding employees. carried out, the equipment should - if possible - be
shut down. If this is not possible, the work should
Employees with disabilities (reg 25) be carried on outside the danger area or protection
Places of work should be organised, in measures should be taken.
particular as regards doors, passageways, stairs,
workstations and washing and sanitary facilities, to If there is a maintenance log, it should be kept up
take account of people at work with disabilities. to date. Account should be taken of risks such as
(Employees with Disabilities: an employer’s falling, projecting, heat and cold, dust, gas, vapours,
guide to implementing inclusive health and safety liquids or fumes and the risks of overheating, fire
practices for employees with disabilities) or explosion.
the construction sector and now in all sectors. The Part 2 – Chapter 3: Personal Protective
regulations are also concerned with chains, cranes, Equipment (regs 62-67)
ropes and hoists.
Every employer, who cannot protect workers by
Equipment which is used for lifting purposes avoiding certain tasks or by technical means,
should be of good construction, sound materials, must provide PPE. The employer must pay the
adequate strength and free from defect. Where cost of providing PPE. All PPE should carry an
appropriate there should be a gate; it should be EN marking. It must be suitable for the risks to
fenced and marked to show safe load and when which the employee is exposed, take account of
persons can be carried. All such equipment is the conditions of the workplace, ergonomics, the
subject to periodic examination (see Schedule 1 of wearer’s state of health and it must fit the wearer.
General Application Regulations). The employer must maintain PPE in good condition.
It shall normally only be worn by one person.
Where a person using a machine cannot see Information about, and training in the use of, the
a load, a person over 18 shall give signals. No PPE supplied shall be given.
person under 18 shall be employed to operate
a mechanical lifting machine unless adequately The Regulations provide that certain PPE shall
supervised and then only for training purposes. A be worn to protect certain parts of the body. The
register of examinations shall be kept, detailing requirement to wear such PPE is linked to certain
date, machine identification, and defects. work sectors. It should be noted that the listings
of areas to be protected, the PPE to be provided
The regulations are concerned with mobile and the work sectors are not exhaustive. The areas
equipment (that moves from site to site) and the of the body listed as requiring protection are: the
lifting and non-lifting aspects of work equipment. head, feet, eyes and face, ears, the body trunk,
Basically the effect of the regulations is that lifting arms, legs, skin and the respiratory system.
equipment in all workplaces must be checked to
see that it is safe and be monitored for deterioration. Head: The head should be protected by helmets,
Inspections must be carried out by competent bonnets, berets, and sou’westers. Such PPE may
persons and records of inspections must be kept be required to be worn on building sites, in mines,
for five years. It is specifically stated that if the slaughterhouses, ship building, furnaces, boiler
equipment is exposed to conditions which may plants, steel works and power stations.
cause deterioration, inspections are required.
Feet: Feet should be protected by safety shoes.
New definitions (Reg 27) Shoes may have to have pierce-proof soles, be
A number of new definitions were introduced insulated, heat resistant, thermal, anti-static, and
into the General Application Regulations by able to unlace rapidly. They may require to be worn
regulation 27. They are the definitions of carrier, in abattoirs, on scaffolding, when erecting roof
EC declaration of conformity, fishing vessel, hoist frameworks, on building sites, in quarries, mines,
or lift, lifting accessories, load, non-integrated cage ceramic factories, when ship building, and when
or basket, selection installation and use of work working with hot or cold materials. Legs should be
equipment, and thorough examination. protected by wearing kneepads.
Ears: To protect hearing, protectors such as If it is not possible to eliminate manual handling,
plugs, muffs and acoustic helmets should be worn it should be reduced by organising work and work
when working with metal presses, pneumatic stations to take account of the characteristics of
drills, turbines, pipe-driving work, wood and textile loads. Employees should receive information on
working and by ground staff at airports. the weight of each load and its centre of gravity
on the heaviest side when eccentrically loaded.
Body: Body, arm and hand protection are linked Employees at risk include those who are unsuited
together and connected to work that involves to the task, those wearing unsuitable clothing and
welding, forging and casting work with acids and those without adequate or appropriate knowledge
caustic solutions, as well as working in abattoirs. It or training.
may be necessary to wear fire-resistant clothing,
pierce-proof aprons, gloves, mittens, finger stalls, Reference factors to be considered in relation to
fingerless gloves, wrist protection, protective the manual handling of loads are:
jackets, waistcoats and body belts.
• Characteristics of the load: too large, heavy,
unwieldy, unstable.
Skin: Skin may need to be protected when using
coating materials or tanning. Barrier creams and • Physical effort: the effort required to move it
ointments should be used. may be too strenuous, achieved by twisting
the body’s trunk.
Lungs: To protect the lungs and respiratory
• Working environment: not enough room,
system, it may be necessary to use respirators,
uneven or slippery floors.
including welding masks, dust filters, gas and
radioactive dust filters, diving equipment, diving • Requirements: may require overfrequent or
suits and insulating appliances with an air supply. long activity, insufficient rest, excessive lifting.
The need may arise when doing container
work, working in restricted areas, working on
blast furnaces, gas converters, pipe ladles, or in Part 2 – Chapter 5: Display Screen
restricted areas such as shafts, sewers, other Equipment (SI 299/07, Part 2, Chapter 5,
underground areas or in refrigeration plants. Regs 70-73)
The Regulations impose a number of duties on performance and display information at a pace
employers. Workstations must be analysed in order adaptable to the employee. The principles of
to evaluate health and safety considerations and software ergonomics shall apply. The software
risks, particularly as to eyesight, physical problems may not incorporate a checking for quality or
or mental stress. Risks found must be remedied. quantity that may be used without the employee’s
Work must be organised so as to ensure break knowledge.
periods or changes of activity, and employers must
provide information and training.
Part 3: Electricity (regs 74-93)
Every employer shall ensure that an appropriate
eye and eyesight test is made available to every The electrical safety regulations might be
employee and carried out by a competent person. described as being codified in the General
This should be done before commencing VDU Application Regulations.
work, at regular intervals thereafter, and if the
employee experiences visual difficulties which Electrical equipment is defined as including any
may be due to VDU work. If the tests show that conductor, cable, machine, appliance, apparatus
an ophthalmologic examination is necessary, it used or intended to be used for generation and
shall be provided. If the tests show that corrective transformation of electrical energy. Employers
or special corrective appliances are needed, the have a duty to ensure electrical installations are
employer must provide them. designed and constructed to prevent danger.
Danger means a risk of death or personal injury
Display screens must have characters that are well or danger to health from electric shock, burn,
defined and of an adequate size. The image on the explosion, arching, or fire caused by the use
screen must be adjustable and the screen must be of electricity or the mechanical movement of
free of glare and reflection. It must swivel and tilt electrically-driven equipment.
and it should be possible to use a separate base or
an adjustable table on which to place the screen. All electrical equipment and installations shall be
Keyboards must have a matt surface; a layout that constructed, installed, maintained, protected and
facilitates use; symbols that are legible; and be used so as to prevent danger (Reg 76), exposure to
tiltable and separate from the screen, with space in adverse or hazardous environments (Reg 77) and
front to support the user’s hands and arms. shall be identified so as to prevent danger, display
ratings, showing it is suitable for the purposes used
Work desks or surfaces shall be large enough and showing the maker’s name (Reg 78).
to allow flexible arrangements of equipment
and documents and document holders shall be Work activity should be carried out in such a
adjustable and positioned to minimise the need manner as not to cause danger (Reg 86). Where
for uncomfortable head and eye movements. danger may be caused, only persons with the
Work chairs must be stable, adjustable in height necessary knowledge or experience or persons
and have a seat back that is adjustable in height under such a person’s supervision may work.
and tilt. A user who requires a foot rest must be They may only work near live parts in restricted
provided with one. The work environment must be circumstances, reasonableness being the criteria
designed so as to control reflections, glare, noise, (Reg 86). They must have adequate space, light,
heat and humidity. Radiation must be reduced to and means of access and egress (Reg 87). Only
negligible levels. competent people or those working under the
supervision of competent people shall work on any
The interface between the employee and the activity where technical knowledge or experience
computer shall apply principles which ensure is necessary to prevent danger (Reg 88).
that the software used is suitable for the task,
adaptable to the employee’s level of knowledge, To protect against shock, in normal conditions all
able to provide employees with feedback on their live parts should be covered with insulating material
and protected, including being suitably placed so as so as to prevent contact with people or objects.
to prevent danger (Reg 79) and in faulty conditions There should be provision to prevent danger in
where an exposed conductive part may become live, the event of an accidental fall (Reg 93). All new
earthing or automatic disconnecting precautions installations and major alterations or extensions
should be taken (Reg 80). shall be tested by a competent person, who shall, if
the Regulations have been complied with, issue a
A circuit or a socket outlet supplying portable verifying certificate.
equipment, in which current is at a voltage
exceeding 125 volts but not 1,000, should be Though not part of the regulations, the HSA/ESB
protected by one or more current devices having Code of Practice for Avoiding the Danger from
a tripping current not exceeding 30 milliamperes. Overhead Power Lines, which offers guidance
Portable equipment (other than transformers on avoiding the dangers from overhead electricity
or generators) supplied at a voltage exceeding lines, should be complied with.
125 volts alternating current shall not be used
in building operations, engineering construction,
damp or confined locations unless the rating Part 4 Work at Height (SI 299/07, Part 4,
exceeds 2 kilovolt amperes. Neither in such Regs 94-119)
operations shall portable handlamps be used at a
voltage exceeding 25 alternating current 50 volts The Work at Height Regulations, which originally
direct. If a transformer is supplied at a voltage not became law during 2006 and were re-enacted in
exceeding 125 volts alternating current to portable the General Application Regulations 2007, radically
equipment or 25 volts to a handlamp, it shall be altered the law relating to work at heights. For one
double wound and the centrepoint of the lower thing, work at height regulations are no longer
voltage or secondary winding shall be connected to confined to construction, but apply to all sectors.
earth (Reg 81). The second key point is that the old two metre rule
was abolished.
In order to avoid danger:
Work at height is defined in the regulations as
• Electrical joints and connections shall be of
meaning: “work in any place, including a place:
adequate strength.
(a) in the course of obtaining access to or egress
• Effective means shall be provided to protect from any place, except a staircase in a permanent
against overcurrent. place of work; or (b) at or below ground from
• Means shall be provided to isolate and cut off which, if measures required by these Regulations
electrical supply. were not taken, an employee could fall a distance
liable to cause personal injury, and any reference
• Precautions shall be taken against dead to carrying out work at height includes obtaining
electrical equipment becoming live. access to or egress from such place while at work”.
• Effective provision shall be taken against
leakage from currents to earth. The regulations require employers to avoid risks
from work at heights, by not carrying out work
Substations shall be erected so that they cannot at height unless it is reasonably safe to do so.
be interfered with and only authorised persons Also, employers must take account of weather
can enter. They should be under the control of an conditions and fragile surfaces. They must
authorised person (Reg 91). Fences 2.4 metres also take steps to prevent objects falling. The
high should protect transformers or switchgear regulations set out requirements regarding the
placed outdoors, in which high voltage is used, selection and inspection of work equipment.
unless they are covered by metal or suitable
non-metal casting (Reg 92). The most publicised Regulation 94: Interpretation
danger, overhead wires, should be well clear of This is the definitions section. The definition of
the clear of the ground or otherwise guarded work at height is the key definition. Two other
significant definitions are the definitions of fragile level surface could cause an injury, this effectively
roofs and ladders. Other terms defined include means measures to prevent falls on flat ground
lifting equipment, personal fall protection system, must be taken.
PPE, scaffold, work equipment, and working
platform. When using equipment, consider The HSA guidance sets out the work at height
definitions carefully. hierarchy: avoid, prevent, mitigate, and give
collective measures priority.
Regulation 95: Organisation, planning and
risk assessment Regulation 100: Selection of work equipment
Employers are under a duty to ensure that work When selecting work equipment, an employer
at height is properly planned, appropriately shall give priority to collective protection measures
supervised and carried out in a manner that is, so over personal protection measures and take
far as reasonably practicable, safe and without account of work conditions, risks at the place of
risk to health. Planning includes selection of work work, the distance and height to be negotiated (in
equipment, risk assessment and planning for relation to access and egress), the distance of the
emergencies and rescues. In identifying measures, potential fall and risk of personal injury, duration
employers shall take account of risk assessments. and frequency of use of equipment, the need for
easy and timely evacuation and rescue in the
Regulation 96: Checking of places of work at event of an emergency and additional risks. The
height equipment selected should be appropriate to the
Employers shall ensure that the surface and every nature of the work and foreseeable loadings and
parapet, permanent rail or other fall protection allow safe passage.
measure is checked visually prior to use and at
appropriate intervals. Regulations 103-114
These regulations deal with the very practical
Regulation 97: Weather conditions issues of guard-rails, toe-boards, working
Employers are under a duty to ensure work at platforms, scaffolding, personal fall protection
height is only carried out when weather conditions systems, working position systems, rope access,
do not jeopardise employees’ health and safety. fall arrest, work restraint systems and ladders.
The HSA guidance mentions that work equipment
should be suitable, sufficient lighting should be Regulation 115: Fragile surfaces
provided, bulky clothing could make access/egress The HSA guidance highlights this regulation as
difficult and warn about the build up of mud and introducing a major change in work at height
that extreme heat can cause exhaustion. rules. Employers are under a duty to ensure
no employees pass across or near, or work on,
Regulation 98: Avoidance of risks from work from or near a fragile surface, where work can
at height be carried out without having to do so. Where it
Employers are under a duty not to carry out work is necessary to work on, near or from a fragile
at a height, if it is reasonably practicable to carry surface, the employer must take account of
it out otherwise. The HSA guidance cites cleaning the risk assessment and ensure, in so far as
windows using a pole cleaning system, as an reasonably practicable, that suitable platforms,
example. coverings, guardrails and other means of support
and protection are provided. Where a risk of falling
If work must be carried out at a height, it shall not remains, measures must be taken to minimise
be carried out, unless it is reasonably practicable to the distance of the potential fall and the risk of
do so safely and without risk to health. And if work personal injury. The HSA guidance specifies the
at height is being carried out, the employer must use of fall arrest equipment. Prominent warning
take suitable and sufficient measures to prevent notices should be erected at the approach to
employees from falling a distance liable to cause fragile surfaces and if that is not practicable, other
personal injury. As even a fall on a flat ground means of warning employees should be used.
Regulation 116: Falling objects regulations. Also, the HSA warn that inspection is
Employers are required to prevent, in so far as is not a substitute for proper maintenance.
reasonably practicable, the fall of any material or
object. Where it is not possible to prevent the fall
of materials or objects, employers are required to Part 5 Physical Agents: (Regs 120-142)
take measures to prevent people being struck by
falling objects or materials. No material or object These regulations set out the rules governing the
should be thrown or tipped from a height, if it is control of noise and vibration at work.
liable to cause injury to any person. Employers
are required to ensure that materials and objects Chapter 1: Control of noise (Regs 120-132)
are stored in such a way as to prevent risk from Employers are required to assess the risks to
collapse, overturning or unintended movement. employees from noise at work, take action to
reduce noise exposure that produces those risks,
Regulation 117: Danger areas provide employees with hearing protection if noise
If there is a risk of an employee suffering personal exposure cannot be reduced enough by other
injury by falling a distance or being struck by a means, make sure legal limits on noise levels are
falling object, devices to prevent unauthorised not exceeded, consult with employees and/or
employees from entering the danger area should their representatives and provide information and
be put in place. The danger area should be training and make health surveillance available
indicated by warning signs. where there is a risk to employees’ health.
Regulation 119: Inspection of work The regulations set out the action which must
equipment be taken to control noise. The upper exposure
This regulation only applies to work equipment action value is LEX.8h = 85dB(A) and peak
to which regulation 7 and schedules 2 to 6 apply. = 137dB(C) in relation to 20, uPa. The lower
An employer shall ensure that where the safety exposure action value is LEX.8h = 80dB(A)
of work equipment depends on how it is installed and peak = 135dB(C) in relation to 20, uPa.
or assembled, it is not used after installation or Exposure is calculated by reference to a nominal
assembly, unless it has been inspected in that eight-hour time-weighted average working day,
position. If work equipment is exposed to conditions as defined by ISO 1999:1990. In relation to
causing deterioration that is liable to result in exposure limit values, an employer shall take
dangerous situations, it shall be inspected at suitable account of the attenuation provided by individual
intervals or where exceptional circumstances have hearing protectors worn by employees, but shall
occurred that are likely to jeopardise its safety. not take account of such protectors in relation
to the exposure action values. Where daily noise
Where a working platform is used for construction exposure varies markedly from day to day, an
work and an employee could fall more than two employer may measure the exposure level over
metres, an employer must ensure that it is not a period of a week, provided that the weekly
used unless it has been inspected within the noise exposure level does not exceed 87dBA
previous seven days or, in the case of a mobile and appropriate measures are taken to reduce
working platform, inspected on site within the the risk.
previous seven days. A person carrying out such
an inspection must promptly prepare a report (see Where employees are liable to be exposed to noise
Schedule 7 of the regulations for details) and, above the lower action value, employers must
within 24 hours, provide the report or a copy to carry out a risk assessment. If exposure cannot be
the person on whose behalf it was carried out. reduced by other means, employers are required
Inspection records must be kept for five years. to provide properly fitted hearing protectors, which
should be made available if the lower action value
The HSA guidance cautions that lifting equipment (80dBA) is exceeded. If the upper action value
may be subject to examinations specified in other (85dBA) is exceeded, employees are obliged to
use individual hearing protectors. Employers are Part 6 Sensitive Risk Groups
required to make health surveillance available and (Regs 143-158)
to keep an individual record of each employee who
undergoes health surveillance. The choice of the words “sensitive risk groups”
created a new phrase in the health and safety
Chapter 2: Control of vibration lexicon. The sensitive risk groups are young
(Regs 133-142) persons and children, pregnant employees and
As a result of the enactment of the Vibration night workers and shift workers as defined by the
Regulations, which are concerned with both Organisation of Working Time Act.
hand-arm and whole-body vibration, employers
are required to assess the risk of vibration to Apart from the rules governing the protection of
employees, and decide if they are likely to be young workers, children and pregnant, post natal
exposed to levels above the daily action limits. If and breastfeeding employees in the General
they are, employers are required to put in place Applications Regulations, there are numerous
a programme of controls to eliminate the risk or regulations concerning the hours such workers
at least reduce it to the lowest level reasonably may work and their conditions of employment,
practicable; decide if employees are likely to be which are dealt with in chapter 34. The employers’
exposed above the daily limit value and if they are, duties in relation to shift workers and night
to take immediate action to reduce exposure below workers are set out in the General Application
the limit value; to consult with employees and/or Regulations.
their representatives and to provide information
and training on health risks and controls and to Chapter 1: Protection of children and young
review and update risk assessments regularly and persons
to keep a record of risk assessments. A child is defined as a person under the age of 16,
while a young person is a person aged either 16
The Vibration Regulations set exposure action and or 17.
exposure limit values in respect of both hand-arm
and whole body vibration. For hand-arm vibration Employers are required, before employing a child
the daily exposure limit value standardised to or young person, to carry out a risk assessment.
an eight-hour reference period is 5m/s2 and The risk assessment should take account of lack
the daily exposure action value standardised to of experience, absence of awareness of risks,
an eight-hour reference period is 2.5m/s2. For lack of maturity, and harmful exposure to physical,
whole-body vibration, the daily exposure limit value biological and chemical agents.
standardised to an eight-hour reference period
is 1.15m/s2. The daily exposure action value When carrying out the risk assessment, one has
standardised to an eight-hour reference period is to take account of the fit-out and layout of the
0.5ms2. workplace; exposure to physical, biological and
chemical agents; the use of work equipment; the
Employers are required to carry out a risk arrangement of work processes and operations
assessment. The risk assessment must be carried and the training and supervision of the child or
out competently, which effectively means it must young person. Parents or guardians of children
be carried out by a competent person. The risk should be informed of risks.
assessment findings must be recorded and if
required, measures must be taken to comply A child or young person shall not be employed where
with the regulations. Employers are required to a risk assessment reveals risk that the work is beyond
make health surveillance available and to keep the capacity of a child or young person or involves
a record of any employee who undergoes health exposure to harmful agents or radiation or involves
surveillance. exposure to accidents which it may be assumed a
child or young person would not recognise.
Health surveillance must be made available if the Before employing a person as a nightworker, the
risk assessment reveals a risk to safety and health employer is to make available an assessment
and before assignment to nightwork. of the health effects of such work. Such
assessments must also be made available at
Chapter 2: Protection of pregnant, post natal regular intervals while a person is doing night
and breastfeeding employees work. The assessment must be carried out by
An employee is required, as soon as practicable a registered medical practitioner or a person
after she knows she is pregnant, to notify her operating under his/her supervision.
employer and to give her employer a medical
certificate confirming her condition. The employer If an employee becomes ill or exhibits symptoms
is then required to assess any risk to the employee of ill-health that are recognised as being
and any possible effect on the pregnancy or connected with nightwork, the employee must, if it
breastfeeding. is possible, be transferred to day work.
If the risk assessment reveals a risk and it is not Nightwork is defined as meaning work between
practicable to ensure the health and safety of the hours of midnight and 7am. A nightworker is
the employee through preventive or protective one who normally works at least three hours of
measures, the employer is required to temporarily his/her time during these hours and for whom
adjust the working conditions or working hours, or the number of hours worked at night is at least
both, so that the exposure to such risk is avoided. 50% or more of the annual hours worked. Night
If that is not possible, the employer is required to work should not exceed eight hours a night on
take other measures to provide other work which average over a two month period. If the worker
does not present a risk. is a special category worker – one whose work
involves special hazards or heavy physical strain
Apart from the specific regulations governing – the working period shall not exceed eight hours
night work (see below), in relation to pregnant, in any 24-hour period. Special hazards are not
post-natal and breastfeeding employees night specifically defined but are deemed to be those
work is defined as work between the hours of identified in collective agreements or by practice.
11pm on any day and 6am the next day, where
the employee normally works at least three hours
in that period or at least 25% of the employee’s Part 7 Safety Signs and First-Aid
monthly working time is worked during that
period. If a registered medical practitioner Chapter 1: Safety Signs
certifies that it is necessary for the health
and safety of the employee that she should Safety signs at work can be viewed at the HSA’s
not be required to perform night work, during Guide to the General Applications (Safety Signs
the pregnancy or, for the 14 weeks following at a Place of Work) http://www.hsa.ie/eng/
childbirth, not to oblige her to perform such work, Publications_and_Forms/Publications/General_
the employer shall transfer her to day work or, if Application_Regulations/Safety_Signs_at_a_
that is not possible, grant the employee leave or Place_of_Work_2010.pdf
extend the period of maternity leave.
There are many forms of safety signs: acoustic,
Chapter 3: Night work and shift work (Regs hand signals or signboards. Employers are
153-157) required to provide safety or health signs where
Employers are required to take appropriate steps to hazards cannot be avoided or adequately reduced
protect the safety and health of nightworkers and by techniques for collective protection, or work
shiftworkers and to carry out a health assessment organisation methods or procedures. Signs may
of the health and safety risks that attach to no longer contain words. Employers are obliged
nightwork, to determine if the work involves special to ensure that signs only include information
hazards or heavy physical or mental strain. authorised by the regulations.
Employers are required to obtain information from of a registered medical practitioner is the result
health surveillance, including published sources. of exposure to artificial optical radiation at work,
Safety professionals will be well aware of the duty then an employer must make available to the
to keep up to date with published information, but employee the services of a registered medical
it is unusual to see the requirement spelled out so practitioner to carry out a medical examination. In
clearly in legislation. such circumstances the employer must review the
risk assessment; review the protection measures;
Perhaps the most important point to remember is take account of the advice of the registered
that the duties are framed in absolute terms. The medical practitioner; and arrange continued health
duties are not qualified by the ‘as far as reasonably surveillance.
practicable’ principle.
While it is the employer’s duty to make health
If a risk assessment indicates that exposure surveillance and medical examinations available,
limit values may be exceeded, the employer is once a registered medical practitioner is consulted
required to devise and implement a plan to prevent he/she assumes obligations.
exposure exceeding the limit values. If a risk
assessment indicates that there are workstations If an employee is exposed to artificial optical
within a workplace where employees are likely radiation or suffers an identifiable illness or suffers
to be exposed to levels above the limit values, an adverse health effect, which in the opinion of
employers are required to display mandatory signs a registered medical practitioner is the result of
and ensure that unauthorised access to such areas exposure to artificial optical radiation at work, then
is blocked off. the registered medical practitioner must:
• Inform the employee of the result, including
Where exposure limit values are exceeded, despite
information and advice regarding health
measures taken to comply with the requirement
surveillance which the employee should
not to exceed them, employers must take
undergo at the end of the exposure.
immediate action to reduce exposure to below
the limits; identify the reasons for limit values • Inform the employer of any significant
being exceeded; and, either by technical and/ findings.
or organisational methods; prevent ELVs being
exceeded again.
Part 10 – Pressure Systems
Employers are required to provide employees
and/or their representatives with information and Employers are required to ensure:
training. Information and training must cover the
• Pressure systems or parts are of good
technical and organisational measures taken to
construction, sound material, adequate
eliminate/reduce risk, ELVs, the results of risk
strength, suitable quality and free from patent
assessments, how to detect and report adverse
defect.
health effects and safe working practices.
• Pressure systems are properly installed and
Employers are required to make health surveillance maintained.
available to employees if a risk assessment reveals
• Safe operating limits have been established
a risk to their health. Health records of employees
and adequate information on the limits is
who undergo health surveillance must be kept. If
available.
an employer ceases to trade, the employer must
make the health records available to the HSA. • Vessels are marked with information, such
as the manufacturer’s name, serial number,
If an employee is exposed to artificial optical date of manufacture, the standard to which it
radiation or suffers an identifiable illness or suffers was built, the maximum allowable pressure,
an adverse health effect, which in the opinion the minimum allowable pressure where it
is other than atmospheric and, if relevant Where appropriate, safety devices should be
to safe operation, the maximum or minimal tested before first commission and in the case
allowable pressure or both, or if applicable of pressure vessels, a certificate of commission
and if different to the operating limits set by and test (if appropriate) should be provided by a
the manufacturer, safe operating limits set by competent person. This should specify the safe
a competent person following an examination. operating limits.
• Employees have adequate information and,
If fixed pressure equipment has been previously
if appropriate, written instructions on the
used or a pressure system is installed at a new
conditions of use, safe operation, foreseeable
location, it should be inspected and any vessel
abnormal situations, action to be taken in an
examined in accordance with whichever of the
emergency and the conclusions to be drawn
14 or 26 month periods apply. In determining test
from the experience of using equipment.
periods in general, the period is determined by
• Pressure equipment or systems are not when the equipment was first taken into use.
operated except in accordance with
information or instructions. The employer shall ensure that a pressure vessel
of the types specified in Schedule 12, Part B,
Even if employees do not use equipment, if a of the regulations and associated devices and
pressure system is located near them, they must accessories are not used unless they have been
be made aware of the health and safety risks. examined by a competent person at least once
during whichever of the 14 or 26 months periods
When maintenance operations are being carried is relevant or a different period if specified by
out and there is a hazard from pressure equipment, the manufacturer. If a pressure vessel has been
employers are required, in so far as reasonably modified or a significant repair carried out, it
practicable, to ensure that the operations must be examined by a competent person. The
are carried out when the pressure system is examination must, if the equipment is heated, be
depressurised. If this is not practicable, appropriate carried out when it is cold and also when under
protection measures must be taken. normal pressure.
Employers must, where appropriate, keep a The competent person carrying out the
maintenance file. It must be kept up to date. If examination is required to prepare a report and
repairs, which are significant in relation to the give a copy to the owner and user. If a competent
system being able to withstand pressure, are person requires the immediate cessation of use
required, a competent person should be consulted. of a pressure vessel, he/she shall within 20
days send a copy of the report to the HSA. If the
In broad terms pressure equipment and systems report requires immediate cessation of use of
must be inspected: a pressure vessel, the employer, user or owner
shall immediately ensure it is not used until the
• If new and being installed for the first time.
repairs or modifications have been carried out. If
• If it has previously being used and is installed a competent person specifies in a report either
at a new location. a shorter or longer period between examinations
than set out in Schedule 12, Part B, he/she shall
• At intervals of 14 months and 26 months,
give his/her reason in writing to the owner or user
depending on the type of equipment.
of the vessel.
When pressure equipment is installed for the
first time at a location, the employer shall, if it
is new fixed equipment or a pressure system,
ensure it is inspected by a competent person.
Construction site: any site where construction work in relation to a project is carried out.
Construction stage: means the period of time starting when preparation of the construction site
begins and ending when work in the project is completed.
Construction work: means the carrying out of any building, civil engineering or engineering
work, other than drilling and extraction in the extractive industries, and includes but is not limited to
the following: the doing of one or more of the following with respect to a structure – construction,
alteration, conversion, fitting out, commissioning, renovation, repair, upkeep and redecoration or other
maintenance. Other maintenance includes cleaning, which involves the use of water or an abrasive at
high pressure or the use of substances classified under the Classification, Packaging and Labelling
of Dangerous Perperations Regulations 2004, the CPL Regulations.
Contractor: means a contractor or employer whose employees carry out or manage construction
work or a person who carries out or manages construction work and supplies labour and/or materials.
Design process: is the process of preparing and designing a project, including alterations to the
design and the design of temporary work to facilitate construction of a project.
Footpath, road, footway and cycle track: a road means a road over which there is a public right
of way and footpath means a road over which there is a public right of way for pedestrians only. A
footway means that portion of a roadway which is provided for use by pedestrians. A cycle track
means a road, including part of a footway, which is reserved for pedal cyclists.
Project supervisor: a project supervisor is an individual or a body corporate, appointed under Reg
6 (1) for carrying out duties assigned by the regulations and duties assigned by the client at the
time of the appointment and necessary to comply with section 17(1) of the SHWW Act 2005, which
requires those who commission or procure construction projects to appoint competent persons in
relation to the design and safe construction of the project.
Part 2: Design and Management begins and the PSCS before construction work
commences. Prior to any work commencing, the
Client’s duties client must reasonably satisfy himself/herself
that those appointed as PSDP, PSCS, designers
PSDP, PSCS and contractors: Regulations and contractors have or will allocate adequate
6&7 resources to perform their duties.
A client is required to appoint a project
supervisor for the design process (PSDP) and Project supervisors must be appointed if the work
for the construction stage (PSCS). The persons involves particular risk, more than one contractor
appointed must be competent, must be appointed is involved or if the construction work is planned to
in writing and must confirm acceptance of last longer than 30 days or is scheduled to exceed
their appointments in writing. The PSDP must 500 working days (see regulation 10 below).
be appointed at or before the design process
A non-exhaustive list of particular risks is set out in Safety and Health Plan/Safety and Health
Schedule 1 of the General Application Regulations File: Regulations 12 & 13
2007. They include: The PSDP is required to prepare a written safety
• Falling from a height. and health plan, giving a general description
of the project and specifying the timeframe
• Burial under earthfalls. for completion and giving information on other
• Engulfment in swampland. work activities on the site. A requirement to take
account of the location of electricity, water and
• Work near high voltage power lines. sewage connections and to facilitate adequate
• Exposure to risk of drowning. welfare facilities is specified. The safety and
health plan must be prepared in time to provide it
• Work on underground earthworks and tunnels.
to every person being considered or tendering for
• Work carried out in a cassion. the role of PSCS. He/she is required to keep a
copy of the safety and health plan.
Safety file: Regulation 8
Clients must keep safety files available and when The PSDP shall prepare a safety file, containing
disposing of a structure, deliver the safety file to relevant health and safety information, to be taken
the person acquiring it. They must co-operate into account during future construction work, and
with the PSDP and PSCS in relation to the time on completion of the project, deliver it to the client.
required for completion of the project and by
providing information (including information on Issue directions: Regulation 14
the state or condition of the structure) to enable The PSDP may issue directions to designers,
project supervisors to comply with the regulations. contractors and others, which will enable the
PSDP to comply with the duties imposed by the
Safety and Health Plan: Regulation 9 regulations and he/she may notify the HSA if he/
Clients are required to provide a copy of the safety she concludes the directions are not being carried
and health plan to every person being considered out by the designer, contractor or other person.
or tendering for the role of PSCS. This requirement
does not apply to domestic dwelling projects but Designers’ duties
when a PSCS is appointed, then he/she must be
given a copy of the plan. Regulation 15
If the designer is not aware of the appointment
Notify HSA: Regulation 10 of a PSDP, the designer is required to inform the
If construction work is planned to last longer than client of his/her duties in relation to appointments
30 working days or is scheduled to exceed 500 under regulation 6: in particular, to appoint a PSDP.
person days, clients are required to notify the
HSA with details of what is known about those Designers must take account of the general
appointed as project supervisors. principles of prevention, the safety and health plan
and the safety file. They must co-operate with the
PSDP duties PSDP and comply with directions from the PSDP.
Co-ordination and co-operation: Regulation 17 PSCS must notify the HSA before work begins
The PSCS is required, in a project, where more and must display a notice on site setting out
than one contractor is involved or if the work is particulars of the work being undertaken.
scheduled to last for more than 30 days or 500
person days or if the work involves particular risk, Site safety representative: Regulation 23
to co-ordinate the implementation of the general The PSCS is required to co-ordinate arrangements
principles of prevention and organise and monitor made by contractors, made in consultation with
co-operation on site. He/she is required to provide employees, to enable the contractors and their
safety representatives with access to information employees to co-operate in promoting safety,
regarding safety, health and welfare. Where health and welfare on site. He/she will, where
necessary he/she must take corrective action. more than 20 people are normally employed at any
one time, facilitate the appointment of a site safety
The PSCS is required to keep records and representative.
documents for the duration of the project. In
relation to vehicles, the PSCS shall ensure safe He/she will ensure that the site safety
and suitable access and that traffic and pedestrian representative has access to the risk assessment,
routes are organised as required by Regulation information on accidents and dangerous
87(2). occurrences, information on protective and
prevention measures, is informed when a HSA
Safety adviser: Regulation 18 inspector enters the site and when site safety
If normally there are more than 100 people meetings are being held. He/she will facilitate the
engaged in construction work on a construction site safety representatives’ attendance at such
site at any one time, the PSCS shall appoint in meetings.
writing a full-time competent safety adviser to
advise him/her as to compliance with statutory The site safety representative may, on giving
requirements and to exercise general supervision reasonable notice to the PSCS and his employer
of the requirements and promotion of the safe or, in the event of an accident or dangerous
conduct of work. occurrence or if there is an imminent danger,
inspect the whole or any part of the site. Site
Safety awareness: Regulation 19 safety representatives may investigate accidents
General construction workers, craft workers and and dangerous occurrences, provided they do not
security personnel are required to hold a card interfere with or obstruct the performance of any
showing that they have successfully completed statutory obligation. They may also, after giving
the SOLAS Safe Pass or an equivalent safety reasonable notice to the PSCS and the contractor,
awareness training course approved by SOLAS, investigate complaints relating to health and safety.
or equivalent safety awareness schemes approved
by other EU member states, provided they are A site safety representative may accompany
approved by SOLAS. an inspector who is inspecting a site, but if the
inspection is in connection with an investigation of
Issue directions: Regulations 20 an accident or dangerous occurrence, only at the
The PSCS may issue directions to designers, discretion of the inspector. Again, at the inspector’s
contractors and others, which will enable the discretion, where an employee is being interviewed
PSCS to comply with the duties imposed by the concerning an accident or dangerous occurrence
regulations and he/she may notify the HSA if he/ the site safety representative may, if the employee
she concludes the directions are not being carried requests, attend the interview.
out by the designer, contractor or other person.
Site safety representatives are entitled to make
Notification to HSA: Regulation 22 representations to HSA inspectors, to receive
Where a project is planned to last for longer than advice and information from inspectors and to
30 working days or exceed 500 person days, the consult with other safety representatives at the site.
Project supervisors and contractors are required card (CSCS). Contractors are required to ensure
to take account of representations made by site workers possess such cards. When the worker
safety representatives. Employers are required to commences work, the contractor must ask to see
afford them time off, without loss of remuneration, the card/s and confirm in writing to the PSCS that
to enable them to acquire the skills and knowledge the worker is in possession of a valid card.
they need to discharge their functions.
Safety officer: Regulation 26
Every contractor who normally has under his/
Part 3: General Duties of Contractors her direct control at any one time more than 20
and others persons on a construction site or 30 persons
engaged in construction work shall appoint in
General duties: Regulations 24 writing a safety officer. The safety officer’s role
Contractors, if they are aware that a client has is to advise and exercise general supervision in
not appointed project supervisors, must inform relation to statutory provisions and the promotion
clients of their duty to do so. Contractors must of safe conduct.
co-operate with the PSCS to enable the project
supervisor to comply with statutory provisions Though a safety adviser and a safety officer could
and must promptly give the PSCS site-specific be one and the same person, advising both the
information; including relevant extracts from their PSCS and the contractor, if they are separate
safety statements that is likely to affect safety, persons the safety officer must co-operate with
health and welfare on site or might justify a the safety adviser.
review of the safety and health plan.
Erection and installation of plant and
Contractors are required to provide copies of equipment: Regulation 27
reports of accidents or dangerous occurrences to Contractors are required to erect and install plant
the PSCS. Also, contractors must promptly provide and equipment, including scaffolding, in a manner
the PSCS, in writing, with all relevant information that complies with statutory provisions.
necessary to prepare the safety file.
Consultation: Regulation 28
Contractors must also: The contractor is required, with a view to promoting
safety, health and welfare on site, to ensure
• comply with directions given by either the
consultation with his/her employees, their safety
PSDP or the PSCS.
representative and the site safety representative,
• bring to the attention of its employees any taking account of the need for co-operation and
rules applicable to them in the safety and co-ordination among different employees, safety
health plan. representatives of different contractors and the
• comply with any rules in the safety and health site safety representative.
plan which are applicable to the contractor or
its employees. Duties of employees and others:
Regulation 29
• in so far as is reasonably practicable, ensure
Everybody working on a site is required to: comply
its employees comply with the rules.
with the Construction Regulations; co-operate,
• facilitate the performance by the site safety report defects in plant and equipment; comply
representative of his/her functions. with the rules in the safety and health plan; make
proper use of equipment and PPE; and show Safe
Safety awareness and skills certification: Pass and CSCS cards when requested.
Regulation 25
Workers are required to hold a valid safety When applying for Safe Pass or CSCS cards, it is
awareness registration card (Safe Pass) and, if an offence to make false statements or to forge or
applicable, a valid construction skills registration alter a registration card.
it includes a rest room, a leisure room, sanitary work in such areas, a competent person should
equipment and takes into account the numbers inspect particularly the areas in which blast
on site, beds, cupboards, tables and seats (with explosives were used or where shoring or support
backs). Accommodation should be allocated taking has been damaged and every part within the
account of both sexes. immediately preceding seven days. A report of
every such examination shall be made on the day
Contractors responsible for sites are required to of the examination. If a fall or dislodgment from
ensure that that pregnant women and nursing more than a height of 1.25 metres is not likely, this
mothers are provided with rest facilities and that regulation shall not apply, nor, provided adequate
places of work are organised to take account of precautions are taken, does it apply when
people with disabilities, with particular regard paid inspections/examinations are being carried out.
to doors, passageways, staircases, showers, wash- Shoring and other support work shall be carried
handbasins, lavatories and work-stations. out by experienced workers under the direction
of a competent person and such work shall be of
good construction, adequate strength and free
TECHNICAL SAFETY PROVISIONS from patent defect.
Apart from the management regulations and Such work areas shall be fenced off if people are
the general safety provisions, the Construction at risk of a fall liable to cause personal injury.
Regulations include specific rules relating to a
range of technical tasks, from excavations to
demolition. Part 6: Cofferdams and Caissons –
regulations 57-60
Excavations, shafts, earthworks, underground Compressed air means air compressed above
works and tunnels are required to be inspected atmospheric pressure measured in kg/cm2.
by a competent person prior to anyone working in Work in compressed air shall be planned
them and then at least once every day. The face of and supervised by a competent person
every tunnel and the working end of every trench and undertaken subject to the appropriate
more than two metres deep must be inspected precautions. Equipment provided for use in
by a competent person at the commencement of relation to work in compressed air shall be of
every shift. Before a person shall be permitted to good design and construction; be strong; be
made from sound materials; be free from patent Part 11: Transport, Earthmoving and
defects; be properly maintained and suitable for Materials Handling, Machinery and
the purpose used. Locomotives – regulations 97-92
Workers in compressed air shall be medically On all construction sites on which transport
examined, fit for the work, trained and informed of vehicles are used, safe and suitable access shall
the precautions to be taken. In certain cases the be provided and traffic shall be organised so as to
doctor carrying out the medical examination must secure operational safety.
be familiar with compressed air work. A doctor,
nurse or trained first aider familiar with such work
shall be available. Part 12: Demolition – regulations 93-96
Identification badges may be required. Working Contractors are required to, when demolition may
chambers, medical locks, man-locks and air supply present a danger, to take precautions and ensure
shall have the appropriate pressure measurements that work is planned and undertaken only under
and the appropriate pressure shall be maintained the supervision of a competent person. Steps must
at all times. be taken to prevent fire, explosion or flooding.
The contractor responsible for the construction Contractors are required to provide adequate
site is required to ensure, in so far as reasonably lighting and guarding and that works are
practicable, that all explosives used on site are supervised by a competent person and that at
stored, transported, used and disposed of safely. least one person at a roadworks site holds a CSCS
The contractor is required to appoint an explosives registration card.
supervisor and to appoint competent persons as
shotfirers and storekeepers. The contractor must
also ensure that the shotfirers hold valid CSCS
cards and that trainee shotfirers are under the
supervision and direction of a competent shotfirer.
The contractor must draw up shotfiring rules. If
there has been a misfire, the contractor should
take steps to determine the cause. Only shotfirers
or trainee shotfirers shall detonate explosives.
The European Commission points out that while Companies manufacturing chemical substances
modern society needs chemicals and the EU or importing them into the EU in volumes of one
chemicals industry is an important sector of the tonne or more per annum are obliged to register
EU’s economy, “the production and wide-spread with the European Chemicals Agency (ECHA), in
use of substances may pose risks to human accordance with REACH. Companies may also be
health and the environment”. The hazards, the required to seek authorisation (a licence) to use or
risks and how to control the risks are considered to place chemical substances of very high concern
in chapter 21. (such as carcinogens, mutagens or reproductive
toxins) on the market for a stated use.
This chapter examines the legal framework and
summarises the main provisions of European and Chemicals which have been deemed as posing
Irish chemicals legislation: unacceptable risk to human health or the
environment may be limited or banned from being
• The Registration, Evaluation, Authorisation
placed on the market or used.
and Restriction of Chemicals Regulation
(REACH).
CLP Regulation
• Classification, Labelling and Packaging (CLP) The Classification, Labelling and Packaging
Regulation (EC 1272/2008). Regulation is a European regulation that applies
directly in member states, including Ireland.
• Chemicals Acts 2008-2010.
The CLP Regulation adopts the UN Globally
• Safety, Health and Welfare at Work Harmonised System on the Classification and
(Carcinogens) Regulations 2001. Labelling of Chemicals. It provides a basis for
communicating information on hazards in a
• Safety, Health and Welfare at Work
uniform way throughout the world. CLP aims to
(Chemicals Agents) Regulations 2001.
protect workers, consumers and the environment
• Detergents Regulation (EC 648/2004). by communicating physical, human health and
environmental hazards through classification
REACH and labelling. The regulation places duties on
The Registration, Evaluation, Authorisation and manufacturers, importers, downstream users and
Restriction of Chemicals (REACH) Regulation distributors or producers of articles to ensure
1907/2006 is an EU regulation which applies that hazard information is communicated by the
directly in Ireland. REACH is concerned with the information on the label.
protection of human health and the environment
from chemicals and substances that are harmful Chemicals Acts 2008-2010
to health and the environment. It is an extremely The main purpose of the Chemicals Act 2008
complex regulation – 849 pages long – and was to confer power on the HSA to enforce the
places duties on manufacturers, importers and provisions of the EU REACH Regulation, the
downstream users of chemicals. CLP Regulation, the Rotterdam Regulation and
the Detergents Regulation. Under the Act, the
REACH is a regulation which falls into three Authority is given a wide range of enforcement
categories of legislation: health and safety; powers, similar to those granted to the Authority
environment; and single market. While the stated under the SHWW Act 2005. The Authority may
purpose of the regulation is the protection serve improvement notices and prohibition notices.
of human health and the environment. It is It is also given power to serve a contravention
also a single market measure, placing duties notice on a person who contravenes statutory
agents, including lead and carcinogens, are • Having in place safe handling, storage and
present or likely to be present in the workplace. transport arrangements.
Hazardous chemical agents are defined as those Employers may also require to take specific
meeting classifications for dangerous substances protection measures, by applying in order of
in Directive 67/548/EEC and for dangerous priority: avoidance of the use of hazardous
preparations in Directive 99/45/EC and any chemical agents or processes; design of work
chemical agents which may, because of physio- processes; engineering controls; use of extraction
chemical properties, chemical or toxicological systems at source and in conjunction with these
properties and the way they are used or are methods, if they do not work on their own, PPE.
present in the workplace, present a danger to the
health and safety of employees. The definition Employers must draw up action plans to deal with
covers chemical agents assigned an occupational emergencies/accidents/incidents. Action plans
exposure limit value in the Code of Practice to the must include arrangements for regular safety drills,
regulations. first aid facilities, warning and communications
systems, and the provision of protective clothing
When carrying out a risk assessment, employers and PPE.
must take account of: the hazardous properties
of chemical agents and information available Employers are required to make health surveillance
from suppliers, on safety data sheets. Also take available when employees’ exposure to a
account of the type and duration of exposure work, hazardous chemical is such that an identifiable
circumstances and quantities stored; occupational disease or adverse health effect may be related
exposure limit values and biological limit values in to the exposure; there is a reasonable likelihood
the Code of Practice; the effects of preventative of disease or effect under the particular working
measures, conclusions from health surveillance conditions; or there are valid low risk techniques
and activities including the maintenance and for detecting indications of disease or effect.
accidental release in respect of which it is
foreseeable that there is potential for significant Health surveillance is compulsory when a
exposures. biological limit value is listed in the second
schedule of the regulations or an approved code of
Risk assessments should be recorded in writing practice. Employees exposed must be informed of
and reviewed regularly, or if there are reasons this requirement if they are being assigned to work
to suspect that the risk assessment is no longer involving risk of exposure.
valid, there have been changes in work practice,
health surveillance results show it is necessary, or Employers are obliged to keep individual health
exposure limits have been exceeded. records. Occupational healthcare professionals
must, in respect of employees who receive health
When the risk assessment reveals a risk, surveillance, keep records of health surveillance,
employers must, in so far as reasonably biological and other monitoring. If the health
practicable, reduce the risk by: surveillance shows that an employee has an
identifiable disease or is suffering an adverse
• The provision of suitable equipment.
effect, the healthcare professional must inform
• Reducing the minimum number of employees the employee and give information and advice on
exposed. the health surveillance to be undergone following
• Reducing the duration and intensity of exposure. Employers are required, if ceasing
exposure. business, to make records available to the HSA.
• Putting in place hygiene measures. The Chemicals Agents Code of Practice 2011
• Reducing the quantity of chemicals to a transposes into Irish national law Directive
minimum. 2009/161/EU, which establishes a third indicative
Detergents Regulation
The Detergents Regulation (EC 648/2004) as
amended covers the manufacture, sale and use of
detergent products. Any person placing a detergent
on the market must comply with the regulation.
The regulation applies to persons changing the
characteristics or labelling of a detergent and to
packagers working on their own account. The
regulation sets out specific requirements for
labelling and packaging of detergent products.
Those responsible for labelling and packaging must
also ensure an ingredient data sheet containing the
name of the manufacturer is made available to all
medical personnel.
Class 5.1: oxidising substances. In 2005 the HSA was appointed as one of the
competent bodies to perform functions under the
Class 5.2: organic peroxides. Carriage of Dangerous Goods by Road Act. This
appointment was reaffirmed by the subsequent
Class 6.1: toxic substances. Regulations.
Shop workers, whose hours of work include the driver requested not to be put on the shift, as he
period from 11.30am to 2.30pm are, after six believed he had worked excessive hours. On his
hours work, entitled to a one-hour lunch break return from the 15.5 hour trip, he spoke to another
during those hours. manager and was told to go home and get some
rest and report for duty at 11.55pm. He went
There are particular limits on the hours a night home to rest.
worker can work (see definition of night worker
below). Night work shall not exceed eight hours a During the day he missed phone calls from a
night on average over a two-month period and if manager and when he picked them up he spoke
the night worker is one whose job involves special to another manager. He said he was too tired
hazards or heavy physical strain, the working period to drive. Later, fearing his job was at risk, he
shall not exceed eight hours in any 24-hour period. phoned to say he would do the shift, but was told
alternative arrangements had been made. The
Most of the challenges to the Directive have been following day he was dismissed, on the grounds
on working hours. The CJEU has held: that his withdrawal of labour was deemed to be a
• On call time is working time (Simap and refusal of a reasonable management request and
Jaegar cases). under the employer’s disciplinary code amounted
• Emergency service workers are entitled to to gross misconduct.
the protection of the Working Time Directive
(Pfeiffea case). He appealed to a Rights Commissioner, claiming
that he had been penalised and that he was under
• Time taken by bus drivers to reach a bus is a duty by virtue of section 13(1)(a) of the SHWW
working time, when the driver is expected to Act 2005 to take reasonable care to protect his
transfer from one location to another during own health and safety and that of others who
his lunch break. (Skills Coaches case). might be affected by his acts or omissions. The
• Holiday pay must be paid during holiday Rights Commissioner held that the driver had
periods and not rolled up. (Steele case). been unfairly dismissed and the Labour Court,
upholding that finding, held that there was a
However, in Ireland, the High Court, in the case causal connection between the driver’s complaint
of Stasaitis v Noonan Services Group, has held of fatigue and his dismissal.
that a security guard, who was able to take rest
breaks during periods of inactivity, was provided Bringing the appeal, the employer denied that the
with enough breaks under the Working Time driver made a health and safety complaint and that
Regulations. his view that he had worked excessive hours could
not be construed as a complaint which would be
A very significant case Carroll v Stobart, while protected under section 27. The employer argued
brought as a penalisation claim under section that the Labour Court erred in its analysis of the
27 of the SHWW Act 2005, arose as an issue law and that the driver’s notification of tiredness
over working hours. Mr Carroll, a driver with the to management could not be deemed to fall within
transport company Stobart, claimed that he had the scope of section 27(3)(c): making a complaint
been penalised by being dismissed after he to his employer as regards a matter relating to
refused to work a shift on the grounds that he health and safety.The employer also argued that
was fatigued. the driver’s statement that he was tired could not
be deemed to be a complaint and that the driver
The facts were that the driver had completed failed to show he suffered a detriment.
a long distance shift that involved 15.5 hours
driving, inclusive of breaks of 1.75 hours. Before Delivering judgment in the High Court appeal,
departing on the 15.5 hours shift, the driver was the President of the High Court, Mr Justice
told by his manager that his next shift would be Nicholas Kearns, citing precedent judgments, said
on the following day, starting at 11.55pm. The the courts owed curial deference to specialist
tribunals which heard and assessed evidence. The European Communities (Road Transport)
He said the court may only interfere with the (Organisation of Working Time of Persons
findings of such expert tribunals where there is no Performing Mobile Road Transport Activities)
evidence to support a finding. Regulations 2012 repealed the earlier, similarly
titled, 2005 regulations. The regulations provide
Having noted that the Rights Commissioner mobile transport workers must:
and the Labour Court found that the driver had • Not work more than 60 hours in a week in
been penalised, Mr Justice Kearns, noting the any reference period.
EU Framework Health and Safety Directive and
the SHWW Acts 1989 and 2005, said the ethos • Not work more than an average of 48 hours
behind the Acts “is to ensure the health and safety over the number of weeks in the reference
of employees and those they encounter in the period.
course of their work”. • Not work more than six consecutive hours
without a break.
Applying section 13 of the 2005 Act, Mr Justice • Where work activities exceed six hours but
Kearns held that the driver acted appropriately in not nine hours, be entitled to a break of
reporting his fatigue. He made a complaint of the at least 30 minutes and where the work
risk to his safety and that of others if he were to activities exceed nine hours, be entitled to a
drive in a fatigued state. He was dismissed and he break lasting at least 45 minutes.
was, Mr Justice Kearns held, penalised. The case
was remitted back to the Labour Court to decide • Be given a break period, which may be made
on the level of damages Mr Carroll was entitled to. up of breaks of not less than 15 minutes
The court awarded him €61,633. each.
• In the case of a worker who performs night
The provisions of the Working Time Directive, work in any period of 24 hours, the working
which limits the working week to 48 hours, were time shall not exceed 10 hours during that
applied to offshore workers by the Organisation of period.
Working Time Offshore Work Regulations 2004
(SI 819/2004). As well as daily rest periods, workers are entitled
to a weekly rest periods. These are not set out in
Records the Irish Regulations and employers and advisors
Employers are obliged to record the number of have to look up the European Regulations
hours (excluding meals and rest breaks) worked (561/2006). The weekly rest period is a period
by employees on a daily and weekly basis. They during which a driver may freely dispose of his or
must also record leave and starting and finishing her time. A regular rest period should be for at
times. Where an employer does not have a clock in least 45 hours, while a reduced rest period may be
system, records must be kept on form OWT 1. for as little as 24 hours. Any shortfall in a regular
rest period in one week must be compensated for
the next week.
SECTOR-SPECIFIC REGULATIONS
The regulations specify two reference periods: 17
Road transport workers weeks and 26 weeks. The reference periods may
Apart from the restrictions on working time be set out in an employment regulation order or in
imposed by the Working Time Act and Regulations, a collective agreement or, failing that, may be by
the hours drivers of lorries can work are regulated reference to a table in the regulations, which sets
by the Road Transport Act. Drivers of transport the starting dates for reference periods as January
lorries and the like must not drive for more than 11 1st, May 1st and September 1st. The regulations
hours in a 24-hour period. Continuous driving is set out a formula, which takes account of excluded
limited to five and a half hours. Drivers must have hours, to calculate working hours. Excluded hours
10 hours consecutive rest. are absences due to sickness, holiday leave or
leave under maternity, paternity or carers’ leave Seafarers are entitled to minimum rest periods
legislation. Periods of availability, break times of not less than 10 hours in any 24-hour period
and rest times are not included when calculating and 72 hours in a seven-day period. Hours of rest
working hours. may be divided into no more than two periods, one
of which shall be at least six hours in length. The
Night work is defined in the regulations as work interval between the consecutive rest periods shall
involving the use of motor vehicles for the carriage not exceed 14 hours.
of goods between the hours of 12 midnight and
4am and in relation to the carriage of passengers The Organisation of Working Time for Workers on
as between 12 midnight and 5am. Sea-Going Fishing Vessels Regulations provides
that fishermen should not work in excess of 14
Further regulations, also introduced in 2006, which hours in any 24-hour period and 72 hours in any
apply to drivers and crews of vehicles exceeding seven-day period. Fishermen are entitled to a
3.5 tonnes in weight, provide that daily driving minimum rest period of ten hours in any 24-hour
periods should not exceed nine hours, though it period and 72 hours in any seven-day period.
may twice in one week be extended to 10 hours.
After no more than six daily driving periods, a Doctors
driver must take a weekly rest period. This should The European Commission is currently taking
normally be 45 consecutive hours but may be proceedings against Ireland for not implementing
reduced to 36 consecutive hours if taken at a the Working Time Directive in respect of junior
place where the vehicle or driver is based or 24 hospital non-consultants’ hours. The Organisation
consecutive hours if taken elsewhere. Where rest of Working Time (Doctors in Training)
periods are reduced, compensatory rest must Regulations 2004 (SI 494/2004) provide that
be given within three weeks. The total period of the 48 hours per week maximum working week
driving in a fortnight must not exceed 90 hours. applies to junior hospital doctors from August
The daily rest period may be taken in a vehicle, 1st 2009 onwards. The Commission contends
provided it is stationary and fitted with a bunk. And that while the law is in place, it has not been
after four-and-a-half hours’ driving, a driver should implemented in practice.
take a 45-minute break. This may be replaced with
a series of 15 minute breaks distributed over the Shop workers
driving period or immediately after the period. In The Organisation of Working Time Shop Workers
each 24-hour period drivers are entitled to daily Regulations (SI 57/1998) provides that shop
rest periods of at least 11 hours, which may be workers must, after six hours work, get a one hour
reduced to a minimum of nine consecutive hours break.
not more than three times in a week, on condition
that compensatory rest is granted before the end Working time in civil aviation
of the following week. The Organisation of Working Time Mobile Staff
in Civil Aviation Regulations (SI 507/2006)
The additional duties in relation to tachographs provide that all mobile staff working in the sector
which employers are required to comply with are entitled to four weeks paid annual leave, to 96
are: to fit tachographs to such vehicles; to days local leave in each calendar and seven local
supply drivers with sufficient paper for recording days leave in each calendar month. Crew members
purposes; to keep records; and to give drivers must not work more than 2,000 hours in a year,
copies of records if requested. with block flying time limited to 900 hours. Mobile
staff are entitled to health assessments before
Seafarers and fishermen assignment and thereafter at regular intervals.
The hours seafarers can work are controlled by
the Organisation of Working Time on Sea-Going Night work and shift work
Fishing Vessels Regulations (SI 709/2003). Special protection is afforded to night and shift
workers, under the provisions of the General
Table 7.1: Injuries/reported accidents (absence from work for more than three days)
result in accidents or injury to health at the place of of statutory duty. Some statutory duties are absolute.
work and where the putting in place of any further Most actions are now based on a claim of negligence
measures is grossly disproportionate, having regard under common law and a breach of statutory duty.
to the unusual, unforeseeable and exceptional Employers are of course entitled to defend claims
nature of any circumstances or occurrence that may and they can also plead that the injured employee
result in an accident at work or injury to health at was guilty of contributory negligence. The cases
that place of work. in Table B illustrate the meaning in practice of the
concepts of negligence, contributory negligence,
As well as suing an employer for negligence at statutory duties and absolute duties.
common law, an injured worker can sue for breach
Table 7.2: Case law illustrating concepts of negligence, contributory negligence and
statutory and absolute duties
Counsel for the injured worker told the court the river was diverted to build an underpass. When the
work had been completed, the Southern Fisheries Board intervened and required that a meandering
stream be put in place in the river. The worker was instructed to use a bobcat and a mini-digger
without a cab, due to insufficient height under the bridge. Access was restricted and he was unable
to reach in to smooth out some stones with the digger. He got off the digger and while walking on
the stones in order to flatten them, his foot slipped and he twisted his right knee. He was unable to
move for about 15 minutes but eventually he crawled out of the underpass.
The accident was reported and he was sent home. The following day (it was a Saturday) his
knee seemed to be ok and he worked until 11.30, but on Monday he was unable to continue and
was brought to the company doctor. The knee was swollen. Cartilage and ligament damage was
diagnosed. He underwent surgery.
The worker’s counsel claimed that insufficient thought had been given to the job. Because of the
height restrictions, it should have been properly risk-assessed. An engineer giving evidence for the
worker said the meander should have been put in place before the river bed was reinstated. The river
bed was, he said, an unsafe place of work. Giving evidence, the employer’s foreman told the court it
was a simple task to make the meander channel.
Delivering judgment, Mr Justice Kearns noted that the worker had suffered a previous injury to the
same knee and had been awarded damages of €36,500. Dealing with the issue of liability, he said,
it was important to have suitable equipment for the job. He said the bobcat was unsuitable and the
extension arm of the mini-digger was not long enough to fully level the stones, so the worker got off
the digger and tried to level the stones by standing on them. The machinery used was not suitable
and the problem encountered by the worker could have been anticipated. Holding the employer
responsible for the accident, the judge said there was no contributory negligence. (Shanahan v John
Sisk and Son Ltd: High Court, June 2010)
Table 7.2: Case law illustrating concepts of negligence, contributory negligence and
statutory and absolute duties continued
Contributory negligence
A High Court judge, who awarded an injured worker €90,000 damages, reduced the award to
€37,516 saying that the injured worker was 60% responsible for the accident by attempting to lift a
box on her own. The judge heard that the worker, who worked in the employee gift store of a crystal
manufacturer, suffered a back injury when moving a cardboard box, which contained ten carriage
clocks and weighted 25 kilograms. As she was lifting the box, a handle broke while she was half way
from a stooped to a standing position. She tried to save the box from falling by using her knee. In doing
so she injured her back. Normally two employees were required to lift boxes, but when the accident
occurred she was working on her own. Giving evidence, the store manager said staff were told not
to lift anything beyond their ability and to get help when lifting. Under cross-examination, the injured
worker acknowledged that seven months before the accident she had attended a manual handling
course. She also said she could not remember if she had assessed the weight of the box to see if it
was suitable to lift. Giving judgment in favour of the injured worker, the judge said her employer ought
to have ensured a second worker was present. The weight of the box was too heavy. There was a
breach of statutory duty. However, he held the worker was contributory negligent, to the extent of 60%,
by attempting to lift the box on her own. (Crotty v Waterford Crystal: High Court, 2008)
Statutory duties
An employee lost an eye when struck by a flying nail after a nail gun misfired. The accident
happened when the worker was firing nails from a machine into the head of timber door frames. The
court heard evidence that the nail gun had misfired previously, but on the day of the accident the
worker tested it and checked that the settings were correct. Counsel for the injured worker alleged
that the employer was in breach of his statutory and common duty to provide a safe system of work.
An engineer for the injured worker told the court that there was no guarding on the machine and
that it was highly dangerous. The court held that the employer was in breach of its statutory duty
to operate a safe system of work. When the employer knew of the earlier misfires the employer
should have addressed the matter. Awarding the injured worker €440,000 damages, the High Court
judge held that the designer of the machine was also negligent in failing to design a machine that
prevented errant nails from flying around, and in failing to provide a guard to prevent flying nails. He
ordered the designer to pay 25% of the damages awarded. (Brett v Carrols Systems with Braid
Systems joined as a third party: High Court 2008)
Absolute duties
Mr Justice Quirke, who awarded an injured worker €45,000 damages after finding that his employer
had provided an unsuitable heavy compression tool which caused or contributed to the worker’s
suffering tennis elbow (lateral epicondylitis), held that Regulation 19 of the General Application
Regulations 1993, which required employers to ensure work equipment was suitable for the work to
be carried out, created “virtually an absolute duty” to ensure that workers were provided with suitable
tools. The court had heard that the worker could have been provided with an hydraulically operated
and battery powered tool, which he could have used to do his job without risk to his health and
safety. Mr Justice Quirke’s comments on the duty under Regulation 19 of the General Application
Regulations 1993 being “virtually absolute” are reflective of Mr Justice Kearns’s comments in
the Everitt v Thorsman case, when he said Regulation 19 “imposes virtually an absolute duty on
employers in respect of the safety of equipment”. (Doyle v ESB: High Court, 2008). In a recent
case, Thompson v Dublin Bus and another, the Supreme Court held the duty is not absolute.
While the right for workers to claim compensation Safety representatives have, under rights granted
for injury was only established gradually in the by section 25(2)(b) of the SHWW Act 2005, an
nineteenth century, the procedures to be followed important role to play after an accident occurs or
when bringing a personal injury claim were an illness is reported. Safety representatives are
radically reformed in Ireland in the early years of entitled to investigate accidents and dangerous
the twenty-first century, with the establishment occurrences, provided they do not interfere with or
of the Personal Injuries Assessment Board obstruct the performance of any statutory obligation.
(PIAB). What might be termed the PIAB era was
established. The PIAB is now known as the Injuries As noted, not all accidents result in claims. At its
Board and operates as injuriesboard.ie highest the ratio is one out of two, or if one takes
the CSO figures, one out of every three accidents.
Illness results in even fewer claims. However if the
CLAIMING COMPENSATION IN THE injured or ill worker decides to bring a claim, then
PIAB ERA the procedures laid down by the Personal Injuries
Board Assessment Act and the Civil Liability and
In 2003 the Personal Injuries Assessment Board Courts Act and the rules of the Injuries Board and
Act was passed and the Board, now known as court rules have to be followed.
the Injuries Board or injuriesboard.ie, commenced
operations in 2004. Procedures
While the two Acts are stand-alone enactments,
In the same year the then Government reformed the procedures to be followed are intermingled.
the system of court claims, with the passage of Below we set out a step by step guide from the
the Civil Liability and Courts Act 2004. The Civil initial letter of claim to the court room door.
Liability and Courts Act was, as the then Minister
for Justice, Michael McDowell put it, designed to Step 1
reduce the time taken and the costs associated The Civil Liability and Courts Act provides that
with processing personal injury accidents. Both a person claiming to have suffered a personal
Acts were seen by the Government as a package injury must serve a ‘letter of claim’ on the person/
designed to reduce costs and delays associated organisation he/she is claiming was responsible for
with personal injury claims. the accident or illness. This must be served within
two months of the accident which gives rise to the
The essence of the new system is that a person claim or within two months of a person becoming
who is injured in an accident, be it at work, in a aware of a cause of claim (e.g. an illness). At this
public place or a motor accident, must, before stage, the employer may settle the claim (which
issuing court proceedings, bring his/her claim would be the end of the matter), or allow it to
through the Injuries Board. While this book is proceed to the Injuries Board.
concerned only with the occupational aspect, the
procedures to be followed in relation to public Step 2
liability and motor accident claims are the same. If an employer decides to let a claim proceed along
The procedures are intermeshed and are set out the Injuries Board route that is not an admission
below on a step-by-step basis. of liability. The claimant, as the injured person
will be referred to in Injuries Board proceedings,
When an accident occurs or an occupational illness is should at this stage contact the Injuries Board,
reported to an employer, the employer will investigate obtain and complete a claims form and submit it
to seek to establish what caused the accident or to the Injuries Board. The claimant must, when
illness and to see what prevention measures can be submitting the claims form, submit a medical
taken to prevent similar occurrences in the future. report in respect of his/her personal injuries and
The employer will also be concerned to establish if, receipts/vouchers for special damages claimed
in the event of a claim by the injured worker, that he (e.g. medical bills) and pay a €45 fee, which is
has a defence to any claim. recoverable if the claims succeeds.
The Injuries Board must deal with claims within suffered. The assessor will deal with the claimant’s
nine months, unless they notify the parties that special damages. The award to the claimant will be
the claim is complex. If they do so, they have 15 for the injuries suffered and special damages (out
months to deal with a claim. They can of course of pocket expenses and loss of wages incurred).
notify the parties that the claim is so complex or The assessor may seek further information and
that there are inadequate precedents (cases/ may refer the claimant for medical examination by
settlements) that the Board is unable it to deal a doctor on the Injuries Board’s panel.
with the claim.
Step 8
Step 3 Having made its assessment, the Injuries
The Injuries Board will then check the form. If it Board will then notify both the claimant and
is not in order, they will return it to the claimant to the respondent. The claimant will have 28 days
amend it. If it is in order, the claim will be handed within which to write to the Injuries Board, saying
to an assessor to deal with. The Injuries Board whether he/she accepts the assessment or not.
will notify the employer, who in Injuries Board The respondent shall have 21 days to reply. If
proceedings will be called the respondent, of the a claimant fails to respond to the notice of an
claim. assessment within 28 days, he/she shall be
deemed to have rejected it. If a respondent fails to
Step 5 respond within 21 days, he/she shall be deemed
The respondent must then decide whether or not to have accepted the assessment.
to let the Injuries Board handle the claim. The
respondent has ninety days within which to reply Step 9
to the Injuries Board. If the respondent consents If either the claimant or the respondent rejects
to the Injuries Board making an assessment, or if the assessment, the Injuries Board will issue
he/she fails to respond within the prescribed time an ‘authorisation’ to the claimant, which will
limit, then the Injuries Board will proceed to make release him/her to take court proceedings. The
an assessment. claimant will have six months from the date of the
‘authorisation’ to institute court proceedings.
Step 6
If the respondent consents to the Injuries
Board making an assessment, the assessor Step 10
shall then proceed with the case. A respondent At this stage, having exhausted the Injuries Board
who consents to the Injuries Board making an procedure, the claimant becomes a plaintiff.
assessment does not admit liability. Unless he/she can reach a settlement with the
respondent, who now becomes a defendant, the
If the respondent refuses to consent to the Injuries plaintiff must, within six months of the date of
Board making an assessment, then the Injuries the ‘authorisation’, institute legal proceedings by
Board will issue a document, referred to as an issuing a ‘personal injuries summons’ in either the
‘authorisation’, which will entitle the claimant to High, Circuit or District Court. The Court chosen
proceed and take court action. The claimant has will depend on the value the plaintiff and his/her
six months from the date of the ‘authorisation’ to advisors put on the claim. District Courts handle
institute court proceedings. claims up to €15,000, the Circuit Court handles
claims over that amount up to €60,000 and the
Step 7 High Court deals with claims for more than that
When assessing a claim, the Injuries Board’s amount.
assessor will not investigate liability. The assessor
will, with reference to the Book of Quantum Step 11
published by the Injuries Board and based on the When the plaintiff’s ‘personal injuries summons’ is
medical report submitted by the claimant, assess served on the defendant, the plaintiff must, within
the compensation due to the claimant for the injury seven days of service, lodge a ‘verifying affidavit’
in court. This is a court document in which the The Injuries Board’s Book of Quantum
plaintiff swears that the details of his/her claim The Book of Quantum was compiled to provide
are correct. If they are not, the plaintiff’s claim may guidelines on the compensation payable for
be dismissed by a court and the plaintiff may face injuries suffered in accidents at work, in a
prosecution. public place or in a motor crash. As such, it is a
useful document for both employers and injured
Step 12 workers. In the foreword to the Book, the Injuries
The Civil Liability and Courts Act envisages Board says it “should also encourage negotiated
the defendant having the right to seek further settlements between parties where it is accepted
information. The defendant can request details of that the injured party has an entitlement to
previous injuries and actions. compensation”. The Book is used by the Injuries
Board’s assessors when assessing the appropriate
Step 13 compensation award due in cases submitted to the
Having being served with a personal injuries Board for assessment. The Book is concise (28
summons, the defendant must enter a defence. A4 pages). It can be downloaded from the Injuries
The defence must set out the defendant’s full Board’s website, www.injuriesboard.ie.
defence and deal with any admissions and
counterclaims. Within seven days of the service The Book of Quantum classifies injuries under four
of the defence on the plaintiff, the defendant main headings or categories: head; arms; neck/
must lodge a verifying affidavit in court. This is back/trunk; and legs. Then within each of the four
a court document in which the defendant or, if categories, injuries are classified in more detail into
the defendant is a corporation (a company) or 24 sub-categories. The injuries are then further
undertaking, an officer of the company swears broken down into 55 sub-sub-categories or types
that the details of defence are correct. If they of injuries.
are not, the person swearing the affidavit may be
prosecuted. For instance, arm injuries are a principal category,
while shoulder injury is a sub-category. Shoulder
Step 14 injuries are further broken down into three types
Either party to a personal injuries action can apply of injury: soft tissue; dislocation; and fracture.
to the court to convene a mediation conference. This process is repeated throughout the Book.
The purpose of a mediation conference is try and The categories of injury are based on the World
settle the case. A mediation conference will be Health Organisation’s International Classification
chaired by a mediator. The mediator will report to of Diseases and follow, what is described in the
the court on the outcome of the conference. Book, as “simple structure of body region/body
part/injury type”.
Step 15
Before the case goes to trial, each party shall have It should be borne in mind that the compensation
to make a final offer to the other, setting out their levels set out in the Book of Quantum are the
terms for settlement. levels to compensate an injured person for pain and
suffering. Other losses, such as wages and hospital
Step 16 expenses, are payable in addition. Beside each type
Before a case goes to trial a court can, if it of injury the range of compensation that might be
considers it appropriate, direct that a pre-trial awarded to an injured person is set out. The ranges
hearing be held, to limit the issues to be dealt with of award are ranked by the severity of the injury.
a trial.
In most instances there are three ranges:
Step 17
• Substantially recovered – covers injuries
The case goes to trial.
from which the claimant has substantially
recovered but where there are still ongoing
Mr Byrne writes that the HSA’s enforcement policy has been greatly influenced by
the International Labour Organisation’s Labour (ILO) Inspection Convention 1947,
which states persons who violate or neglect to observe legal provisions enforceable
by labour inspectors shall be liable to prompt legal proceedings without warning.
However it is left to the discretion of inspectors to give a warning and advice instead
of instituting or recommending proceedings. A later ILO convention, The Occupational
Safety and Health Convention 1981, stipulates that the enforcement system should
provide for adequate penalties for violations.
proposes to take to comply with the improvement When the person on whom the improvement
direction. notice has been served is satisfied that it has been
complied with, he/she shall write to the inspector
In the direction the inspector must: notifying him/her that the matters specified have
• Identify the activity which is, or is likely to be, been remedied. He/she should also give a copy of
a risk. the notification to the safety representative.
A person who is aggrieved by a notice may appeal
• Require the submission of an improvement to the District Court within 14 days. While no
plan within one month, specifying the details or figures relating to appeals are published,
remedial measures proposed to be taken. relatively few appeals are taken and even fewer
• Require the employer to implement the plan receive publicity. Two appeals that have attracted
public attention were one by Ryanair and one by
• Include other requirements which the
Cork County Council.
inspector considers necessary.
The Ryanair case arose following the HSA’s
Where there is a safety representative at the place
serving of an improvement notice on the airline,
of work, the employer must give a copy of the
requiring them to use an automatic conveyor belt
safety direction to the safety representative.
when loading and unloading baggage from planes,
in order to remedy an alleged contravention of the
Within one month of receipt of the plan, the
Manual Handling Regulations. Ryanair appealed
inspector must confirm if he/she is satisfied that
the improvement notice in the District Court, which
the plan is adequate or the inspector must direct
upheld the notice. They then appealed the District
that the plan be revised and be resubmitted.
Court judgment to the Circuit Court. Dismissing
the appeal, Judge Elizabeth Dunne said the notice
Improvement notices (section 66)
had been issued by the Authority to reduce the
An Improvement Notice is a notice from an
risk of injury in the handling of loads during aircraft
inspector who is of the opinion that a person is
baggage loading and unloading. The judge said it
contravening statutory provisions or has failed to
was accepted by both sides that manual handling
submit or implement an improvement plan or, if
was an activity with a high risk factor. Rejecting
required, a revised improvement plan.
the essence of Ryanair’s case, that the conveyor
belt system exposed two people in the hold as
The notice shall specify:
opposed to one, she said she was satisfied that it
• The inspector’s opinion. did not amount to an increased risk and she felt
• Give the reasons for the opinion. that the elimination of risk for ground operatives
outweighed the risk of injury by having two people
• Identify the legal requirements to which the
in the hold. She added that she had come to the
opinion relates.
conclusion that the use of a conveyor belt system
• Direct the employer or other person to rectify significantly reduces the risk for ground operatives.
the contravention within a specified period
(which may not be earlier than the end of the The High Court judgment in the Cork County Council
14 day period allowed for an appeal). case clarified a number of significant legal points.
• Include information on appeal procedures. The case arose following correspondence between
the HSA and Cork County Council concerning the
• Refer to any other requirement the inspector use of dense bitumen macadam (DBM) on roads
considers appropriate. outside the 50km or 60km speed limit zones,
• Be signed and dated by the inspector. correspondence which ultimately resulted in the HSA
serving an improvement notice on the Council.
Where there is a safety representative in the
workplace, the inspector must give him/her a copy The intermediate stages of the correspondence
of the notice. between the Authority and the Council involved
directions for an improvement plan, an interim involve the risk of serious personal injury, he/she
proposal from the Council - which the HSA took may serve a prohibition notice on the person in
to be an improvement plan, and which it deemed control of that activity. A prohibition notice prohibits
to be inadequate - and a direction from the HSA the carrying on of the activity until the matters
seeking a revised improvement plan. When the which give rise, or are likely to give rise to, the risk
Council submitted its revised improvement plan, are remedied.
which took issue with some recommendations
from the Authority, the HSA served an In the notice the inspector must:
improvement notice.
• State his/her opinion.
The notice asserted that the County Council • State the reasons for the opinion.
failed to comply with a direction for a revised • Specify the activity in respect of which that
improvement plan. The failings identified by opinion is held.
the HSA were that the hazards had not been
properly identified, and the control measures • Where in the opinion of the inspector the
were inadequate and failed to adequately identify activity involves a contravention or likely
specific traffic management systems. contravention of a statutory provision, specify
the statutory provision.
When the appeal came before the District Court, • Be signed by the inspector and dated.
the District Judge sent a case stated to the High
Court, seeking directions. Answering the questions The prohibition notice may include directions on
on which the District Judge was seeking guidance, the remedial measures to be taken.
the High Court judge held that when the HSA
serves an improvement notice, the notice must be Where there is a safety representative at the place
precise and specific, it cannot be served because of work, the inspector must give a copy of the
the contents of a revised improvement plan are notice to the safety representative. The employer
inadequate and it must be served on the person or other person on whom the notice is served
who has control over the work activity. must bring it to the attention of the workforce and
display a copy in a prominent place.
He also held that while the HSA has the power
to serve an improvement notice in respect of “an Subject to the right of appeal, the person upon whom
activity (in this case roadworks)”, it is a necessary the notice is served is required to stop the activity
condition that the activity is occurring or is likely immediately. An aggrieved party on whom a notice is
to occur. The judge held that where there are served may appeal to the District Court within seven
roadworks in progress, they constitute a workplace, days. An appeal does not automatically suspend
and the HSA may give directions within the scope the notice. The person appealing may ask the court
of the SHWW Act 2005. to suspend the notice pending the outcome of the
appeal. The court has discretion to suspend the
Conversely, the Authority cannot serve directions notice pending the hearing of the appeal.
“where there are no roadworks in train and the
site has been mobilised and opened up to the As with improvement notices, there have been
unimpeded flow of traffic”. The judge said “there few appeals against prohibition notices. In one
must be some clear prospect of activity about to case, where two appeal notices were served, the
commence. The mere possibility of such activity is appeals where withdrawn after contact between
not enough.” the aggrieved party and the HSA and the matters
were resolved.
Prohibition notices (section 67)
Where an inspector is of the opinion that an In another case, in which the aggrieved party
activity (whether by reference to any article, claimed that while there had been a risk, it had
substance or otherwise) involves or is likely to been remedied by the time the prohibition notice
was served, a District Court judge disallowed the it. In order to permit urgent speedy action the
appeal, even though both the Authority and the application may be made without notice (ex parte).
aggrieved party were agreeable to adjourn the The High Court may, if it thinks fit, make an order
matter. The company then took judicial review prohibiting the activities. If the person against
proceedings in the High Court, who remitted the whom the order is made applies to the court to
case back to the District Court for hearing. have the order set aside or varied, the HSA is
entitled to be heard by the court.
When the person on whom the prohibition notice
has been served is satisfied that it has been Such an order should be distinguished from an
complied with, he/she shall write to the inspector order obtained because an employer or other
notifying him/her that the matters specified have person has contravened a prohibition notice. Again,
been remedied. He/she should also give a copy the number of cases is few.
of the notification to the safety representative. If
the inspector is satisfied that the matters have Some years ago the Authority obtained an order
been remedied, he/she shall, within one month, in closing a building site in Duleek. An inspector visited
writing confirm to the person on whom the notice the site and observed a number of unsafe working
was served that he/she is satisfied. practices. She agreed with the builders that they
would voluntarily close the site. Later, after she heard
Where an employer or other person contravenes from the builders that the site had been reopened,
a prohibition notice, an inspector may apply she again visited the site. She still observed unsafe
to the High Court for an order prohibiting the working practices. On a later visit, which led to
continuance of the activities. The application may the application for the closure order, she found a
be made without notice (ex parte) to the offending worker working on a roof without any safety harness
party and the High Court may, if it thinks fit, make or equipment. The High Court granted the order
an order prohibiting the activities. against the company, a director of the company who
was acting as the health and safety co-ordinator and
The HSA rarely makes such applications to the against the project supervisor construction stage.
High Court. There was a case in Donegal some
years ago when an inspector, who had served a In another case a building site in Waterford
prohibition notice, paid a return visit to a quarry and was closed after High Court judge heard that,
found machinery still in use. The Authority applied despite agreed voluntary cessation of work on
to the High Court, telling the judge that it had no three occasions, breaches of health and safety
faith in the quarry operator’s ability to implement legislation continued.
safety measures. The court ordered that the quarry
be closed. Enforcement policy in operation
Inspections are the bedrock of the HSA’s
In another case, the Authority took a different enforcement policy. Every year the Authority
course of action. A builder, on whom a prohibition carries out thousands of inspections, as a result of
notice had been served, was found to be in breach which it may take enforcement action.
of the notice. The Authority prosecuted the builder,
who was fined €27,500 and given a 12-month A look at a recent three-year period for which
suspended prison sentence by the Circuit Criminal figures are available gives an insight into how the
Court in Cork. policy operates in practice (see Table 8.1).
High Court closure orders (section 71) Taking the average yearly figure over the period:
If the HSA is concerned that if work continues that • About 90% of all inspections are planned
the risk is so serious that it should be restricted or inspections.
stopped, it can apply to the High Court for an order • About 10% are accident investigations or
to stop or restrict the work. The Court may grant arise because of a dangerous occurrence or a
the order, grant it subject to conditions, or refuse complaint.
* While classified as enforcement, in fact written advice letters/notes often are for guidance
purposes and are not strictly an enforcement measure
** As an alternative to a High Court closure order
• About 47% result in some form of with over 90% of those responding to the survey
enforcement action, including written advice. saying they found inspectors polite, helpful
and courteous. That is perhaps because, while
The most common form of enforcement action, inspectors will enforce legislation, they will try and
although strictly legally speaking it is not an help employers and others connected with the
enforcement action, is the issue of a written workplace to comply with legislation.
advice note. Improvement notices are issued in
about 4% of inspections and prohibition notices Inspectors do not give advice, but they do offer
in about 3%. The Authority takes about 30 guidance. It may be that during an inspection an
prosecutions a year. inspector will draw an employer’s attention to
HSA or other authoritative guidance. Inspectors
regularly speak at seminars organised by the
THE INSPECTOR’S ROLE voluntary safety organisations and by employer and
employee representative unions.
For many people, be they employers, employees
or otherwise connected to a workplace, the HSA’s Formally, inspectors are appointed under section
inspectors are the public face of the Authority. It is, 62 of the SHWW Act 2005 for the purposes of
inspectors who speak to the family and colleagues of enforcing all or any of the statutory provisions that
the fatally injured person, following a fatal accident. fall under the Authority’s remit. The Authority also has
Inspectors enforce health and safety legislation. power under the Chemicals Acts 2008-2010 and
the Carriage of Dangerous Goods by Road Act 1998
For others the Workplace Contact Unit is the first to appoint inspectors for the purposes of those Acts.
point of contact with the Authority. It is the HSA
unit to which employers report accidents and Inspectors are given a certificate of authorisation.
which employers, employees and members of When exercising powers conferred on them,
the public contact when seeking information. The inspectors must, if requested, produce their
unit processes all notifications in connection with certificate of authorisation or a copy of it, together
construction work. with a form of personal identification.
How the Authority is perceived by the public Inspectors have a wide range of powers provided
depends to a large extent on inspectors. A rolling for by section 64 of the SHWW Act 2005.
survey shows that inspectors are well regarded, Inspectors also have powers under the Chemicals
Table 8.2: Non-exhaustive list of Acts and Regulations under which inspectors have powers
Acts
Safety, Health and Welfare at Work Act 2005: section 64
Chemicals Act 2008: section 12
Mines and Quarries Act 1965: section 131
Dangerous Substances Act 1972: sections 40, 41, 42
Safety, Health and Welfare at Work (Offshore Installations) Act 1987, section 41
Regulations
European Communities (Protection of Workers) (Exposure to Chemical, Physical and Biological
Agents) Regulations 1989 (SI 25/1989): reg 9
European Communities (Classification, Packaging, Labelling and Notification of Dangerous
Substances) Regulations 2003 (SI 116/2003): reg 28
European Communities (Classification, Packaging, Labelling and Notification of Dangerous
Preparations) Regulations 2004 (SI 68/2004): reg 22
European Communities (Control of Major Accident Hazards Involving Dangerous Substances)
Regulations 2006 (SI 74/2006): regs 30, 31
European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure
Equipment) Regulations 2011 (SI 349/2011): reg 12
European Communities (Prevention of Sharps Injuries in the Healthcare Sector) Regulations 2014
(SI 135/2014): reg 11
Acts 2008-2010 and a number of other Acts and • Direct that the place of work, any part of the
regulations (see Table 8.2). place of work or anything in the place be left
undisturbed as long as reasonably necessary
The powers under the three Acts and the for any investigation.
Regulations are broadly similar. The powers relate
• Require the production of records.
to places of work; to the activities and processes
at the places of work; to equipment, substances • Inspect and take copies of records (including
and articles at the place of work; to records electronic information systems).
relating to those matters and to transport used in • Remove records for further examination or in
connection with the carriage of dangerous goods. connection with legal proceedings.
An inspector has the power to: • Require records to be kept for a reasonable
period of time.
• Enter a premises if the inspector believes a
premises is a workplace or that articles or • Require information and assistance from the
substances are being kept at a premises. The employer, employees, the owner of the place
inspector must have the consent of the occupier of work.
to enter the premises or be acting in accordance • Summon, at a time and place specified, the
with a warrant issued by the District Court. employer, employees and the owner or person
in charge of a place of work to give information.
• Inspect that place of work and any work
activity, installation, process or procedure at • Examine any person whom the inspector
the workplace. believes may be able to give relevant
information and, subject to the person’s right Inspections/), provides an insight in how inspectors
not to incriminate themselves, to answer carry out inspections.
questions put by the inspector.
When an inspector calls, he/she will ask to speak
• Take measurements, photographs and
to the person in charge of the workplace. In smaller
recordings.
workplaces, such as a farm, small shop, office or
• Install and use monitoring instruments. garage, that person may well be the owner of the
• Test, examine, analyse or to remove and retain business. In larger workplaces, the person may be
articles or substances to examine them later. a manager. In a factory it could be the production
manager. In a large supermarket, distribution centre
• Take samples of the atmosphere at the place or bank, the person will be the senior manager at
of work. the workplace. Employers have a duty to inform the
• Check transport equipment used in safety representative of the inspection.
connection with the transport of dangerous
goods (an inspector carrying out a roadside Often in workplaces where there is a health and
inspection must be accompanied by a Garda). safety manager, the inspector will deal with him
or her. The inspector will want to see the safety
• Enforce the workplace smoking ban. statement for the workplace. It will be the health
and safety manager who produces it and who
Inspectors can, where they consider there has accompanies the inspector on the tour of inspection.
been, or is likely to be, a breach of a statutory duty,
require an employer to submit an improvement However, where the health and safety manager is
plan or the inspector can issue an improvement deputed to deal with the inspector, the inspector
notice or a prohibition notice. will still want to see the person in charge of the
workplace. He/she will be seeking to find out the
If an inspector decides to take away an article extent to which employers, directors and senior
or substance for examination, the inspector managers are aware of their responsibilities under
shall ensure it is not tampered with before it health and safety legislation.
is examined and that it is available for use in
evidence in any proceedings. An employer must, The inspector will check the safety statement for
if asked by an inspector, give the name and the workplace and review other health and safety
address of the person from whom the article documents. The inspector will be considering if the
was purchased or otherwise obtained. Where safety statement identifies the hazards and risks
an inspector takes away an article or substance of the workplace and whether or not adequate
he/she shall, if it is practicable to do so, take a controls are in place.
sample and give it to a responsible person at the
place of work. The inspector may then inspect the workplace.
Inspectors follow a sampling approach. Often in court
If an inspector has reasonable cause to believe cases, an employer defending a claim will put forward
that he/she might be obstructed in the course of the defence that the workplace was inspected by
an inspection, the inspector may be accompanied the HSA and no enforcement action was taken.
by a Garda or other person. Where an inspector Witnesses will tell a court that the workplace has
has reasonable grounds for believing that that a been audited by the Authority. Inspectors do not audit
person has committed an offence, the inspector workplaces; they check aspects of the activities.
can require the person to give his/her name and
the address where he/she ordinarily resides. Inspectors may ask questions. The questions
will be tailored to the size and complexity of
How an inspection works the organisation and the workplace. Questions
The Authority’s online guide, How an Inspection will address key aspects of health and safety
Works (visit: http://www.hsa.ie/eng/enforcement/ management, such as how health and safety is
monitored and audited. Inspectors will also ask tool, a survey was carried out for the HSA on an
about specific issues, which could range from anonymous basis. The findings present an interesting
machine guarding to traffic movement. Those being insight into the work of the Authority’s inspectors.
interviewed will be asked about their responsibilities.
Over 95% of those who responded to the survey
At the end of the inspection, the inspector will said they found the Authority’s inspectors to be
hold what the Authority describes as a “close helpful, polite and courteous, knowledgeable,
out meeting”. This meeting is normally held with experienced and approachable. That is a very
the most senior person in charge on the day high satisfaction rating and the sceptical might
(preferably the managing director, chief executive think, if it was not for the fact that the survey was
officer, plant or shop manager or the managing anonymous, that those surveyed were anxious not
partner in a professional practice), in order to to attract the Authority’s attention. The sceptical
give a verbal or written report of the inspection. might also think, maybe those surveyed had not
The inspector will review the inspection with suffered the wrath of the Authority’s inspectors.
the senior manager and, if it is necessary, serve They would be wrong.
notices on the manager as the duty holder. The
inspector will discuss with the senior manager, the Three months after an inspection, a questionnaire
responsibilities of senior managers as provided for is sent those workplaces that have provided an
the SHWW Act 2005, section 80. email address, regardless of whether enforcement
proceedings have or have not been taken. Given
Inspectors and safety representatives that some form of enforcement action is taken
When an inspector calls to a workplace to carry against 50% of workplaces, quite a number of
out an inspection, the employer must inform the those surveyed must have had some form of
safety representative. action taken against them. The survey finding that
inspectors have the ability to insist on and enforce
When carrying out inspections, inspectors will ask health and safety standards further confounds the
if there is a safety representative at the workplace. sceptical view.
The inspector will seek to meet the safety
representative or, if there is more than one safety Those surveyed said that inspectors had the ability
representative, meet those safety representatives to help organisations tackle health and safety
who are available. If no safety representative is problems. Ranked in order of the survey findings,
available, the inspector will ask to meet members inspectors recommended that the workplace would:
of the safety committee. • Improve workplace safety precautions.
Safety representatives have the right to • Prepare or make changes to the safety
accompany an inspector carrying out an inspection. statement.
However, if the inspection is being carried out • Communicate information to employees.
as part of an investigation into an accident or
• Prepare or make changes to a method
dangerous occurrence, this right is subject to the
statement or safety plan.
inspectors agreeing that the safety representative
may accompany him/her. • Improve working methods.
• Improve the use of PPE (personal protective
Safety representatives have the right to make equipment).
representations to inspectors. They may simply
• Provide training.
talk to the inspector or they may make the
representation in writing. • Improve tidiness.
• Give new responsibilities to individuals.
Survey
The HSA monitors how inspections are perceived by • Allocate additional resources.
the workplaces inspected. Using the Survey Monkey • Improve sanitary facilities.
have specific functions under the Acts: the THE WORKPLACE RELATIONS
Environmental Protection Agency (EPA), the COMMISSION
Minister for Health and Children, and the Minister
for Agriculture, Food and the Marine. To facilitate As we have just seen one of the quirks of health
working arrangements, the HSA has agreed and safety legislation is that sometimes it falls to
memorandums of understanding, co-operation other organisations to enforce the legislation. For
agreements and data sharing agreements with example penalisation cases are in the first instance
these and other organisations. dealt with by Rights Commissioners. The National
Employment Rights Authority (NERA) is concerned
The Authority has a memorandum of with working time. The Equality Tribunal sometimes
understanding with the EPA, which covers shared deals with cases, which they are equality cases, may
areas of responsibility in relation to the European have a health and safety aspect.
REACH and Detergent Regulations, the Chemicals
Act and the Seveso II Major Accident Hazards When the Workplace Relations Bill 2014, which is
Regulations. Apart from the statutory provision with currently nearing completion of its passage through
the Customs and Excise Division of the Revenue the Oireachtas, becomes law, these agencies
Commissions, the Authority has a memorandum of will become part of the Workplace Relations
understanding with the Revenue Commissioners Commission. Cases, for example penalisation cases,
on the export and import of dangerous chemicals will be adjudicated upon by adjudicators from the
and a data sharing agreement in relation to Workplace Relations Commission.
market surveillance. In relation to REACH,
the Classification, Labelling and Packaging The Labour Court will continue to be the court of
Regulation and the Chemicals Acts, the Authority appeal.
has a memorandum of understanding with the
Department of Agriculture, Food and the Marine.
- having assembled the facts, decide on the workplaces where employers adhere to good
action to be taken. safety, health and welfare standards, employers
and safety representatives often agree a schedule
Safety representatives should make notes and of regular inspections.
keep written records of representations made.
The HSA in the Safety Representative and Safety
Where safety representatives make Consultation Guidelines (pages 14, 15 and 16)
representations and employers fail to respond or publish a very detailed suggested schedule setting
respond inadequately, trade unions advise safety out the frequency and duration of inspections.
representatives that, if they are members of a In lower risk environments, such as offices, it is
trade union, they should refer the matter to their suggested that the duration of inspections should
local branch for resolution. be one hour. It is suggested that inspections might
be carried out once a month, though in retail
A guide to health and safety in the workplace or service businesses it is suggested that the
employees and safety representatives advises frequency might be fortnightly or even weekly.
employees to first of all discuss their concerns
at local level with their line manager or with the In small manufacturing workplaces and
person in charge of health and safety in their construction, employing ten or fewer people, where
workplace. The guide also recommends making the risks are medium or high risk, the suggested
the safety representative for the workplace aware frequency of inspection is once a fortnight and the
of the concerns. If necessary, the guide suggests duration one or two hours. In high risk construction
a formal safety inspection can be arranged. In this sites employing between ten and 50 people,
way the issue may be brought to the attention of inspections should be carried out once a week and
the appropriate people and resolved at local level. take between one to two hours.
Safety, health and welfare at work should be of In high risk medium sized manufacturing plants
paramount importance to the employer and so it or in medium sized healthcare institutions the
should be possible in many cases to resolve these suggested frequency of inspections is once a
issues speedily at local level. If this is not possible, week or fortnightly and the duration is one or two
you can refer the issue to the employee’s trade hours. In high risk manufacturing plants, large
union or representative organisation to raise the construction sites and large hospitals employing
matter with your employer at a higher level. more than 50 people, inspections might be
fortnightly or monthly per unit or department and
If the matter remains unresolved contact the the duration might be between one and two hours.
HSA, as the statutory body responsible for
enforcing health and safety in your workplace. The form the inspection takes may vary from time
HSA inspectors have powers to enforce the law. to time. The safety representative may inspect the
If such action is necessary, your employer is not entire workplace or a part of it. From the safety
allowed to discipline you or take any discriminatory representative’s perspective it may, in a workplace
action against you - for example, by refusing to covering a large area, be helpful if inspections
pay you for any time you declined to work because are broken up into inspections of sections of the
of unsafe conditions, or by passing you over for workplace. This may be more manageable and
promotion. as long as the safety representative is afforded
the time and opportunity to inspect the entire
Carrying out inspections workplace over a period, it may be a sensible
Safety representatives are entitled, on giving approach.
reasonable notice to their employer, to inspect
workplaces. This provision gives safety The inspection may take the form of a safety tour
representatives the right to make arrangements or it could be an examination of certain aspects
with employers to inspect workplaces. In of the workplace, materials or equipment used,
systems of work practiced or a review of the safety people who have relevant information and to
statement and/or other documents. carry out visual inspections of the accident or
dangerous occurrence scene. However, the safety
These are matters for agreement with the representative must not interfere with the scene of
employer. an accident: he/she may only observe.
Apart from carrying out formal inspections, safety The HSA Guidelines state that the whole
representatives should bear in mind trade union organisation will benefit from the contribution a
guidance that formal inspections are no substitute well-trained safety representative can make.
for daily observation.
Safety representatives are entitled to reasonable
Carrying out investigations time off for training and should suffer no loss of
The safety representative is entitled to investigate wages or any other remuneration, for example
accidents and dangerous occurrences, provided normal overtime or bonuses. Employers are
that he/she does not interfere with or obstruct the obliged to pay the cost of training. Apart from
performance of any statutory obligation. attending training courses specifically designed for
When carrying out an accident investigation, safety representatives, a number of best practice
a safety representative is entitled to speak to companies pay for and allow time off to safety
representatives to attend certificate and diploma whether or not those safety representatives work
courses in universities and institutes of technology. in the same workplace, in different workplaces
under the control of the employer or at different
Also, safety representatives are entitled to time off times at the place of work. However, the
to discharge their functions. Again, they should not safety representatives must work for the same
lose pay or other remuneration. However, while the organisation. For example, in an organisation
HSA Guidelines advise that safety representatives with multiple workplaces, say a distribution
need reasonable facilities – which the Guidelines company with depots throughout the country, a
say should include a meeting room and access to safety representative in Cork may consult with a
up-to-date information – the legislation does not safety representative in Donegal about matters
require employers to provide any facilities. of mutual concern. This however does not apply
to construction sites, where different employers
SIPTU has carried out a survey of safety will have their own safety representatives.
representatives to identify the facilities needed to However on construction sites there will be a site
fulfil the function. Safety representatives identified safety representative, with whom other safety
the need for: representatives can and should liaise.
• meeting rooms
Common workplace problems: checklist
• a private meeting area While the issues will be different, across the
• desk space range of workplaces, many of the problems facing
safety representatives are similar. The checklist
• access to a telephone (Table 13.1) is just a sample list of common
• access to the internet and email. problems. This checklist can be used as an aide
memoir when developing a checklist for your own
Safety representatives should be afforded these workplace.
facilities and also be entitled to expect management
co-operation. Examples of management co- Negotiating with employers
operation include good communications, and access Many of the representations a safety
to information (safety statements, risk assessments, representative makes are unlikely to result in
audits, Safety Data Sheets). negotiation. For example, more often than not a
word with the supervisor that a running board is
Working with inspectors loose, or that there is an oil spillage in the yard,
Safety representatives must be told by their is enough to ensure the problem is dealt with.
employer, when an inspector visits a workplace, However, even if the representation is informal, it is
to carry out an inspection. They are, unless the always best to keep a written record.
inspection is an accident investigation or dangerous
occurrence inspection, entitled to accompany the In most large companies there will be a safety
inspector carrying out the inspection. And they may officer and the safety representative will work
make representations to inspectors and receive closely with the safety officer. There will be
advice and information from them. regular meetings, both of a formal and informal
nature, and the safety representative is often
When an inspector visits a workplace to carry out an likely to accompany the safety officer on a safety
inspection, the inspector should ask the employer to inspection tour. It is also likely that there will be a
let the safety representative know the inspector is safety committee and the safety representative is
there and proposes carrying out an inspection. likely to be a member of that committee.
Liaising with other safety representatives However, even in well-run companies with
Safety representatives have the right to consult progressive safety policies, there will from time
and liaise on matters relating to safety, health and to time be differences about actions required
welfare at work with other safety representatives, to ensure the safety, health and welfare of
Training YES No
Are all new employees given induction training?
When new machinery, plant or equipment is brought into use, is training provided?
When systems of work are changed, is training provided?
Fire YES No
Are fire extinguishers checked regularly?
Has the fire alarm been tested recently?
Fire YES No
Has fire drill been carried out recently?
Have workers, including contractor/temporary workers, been told where
assembly point is?
Are fire exits blocked?
Vehicles YES No
Are vehicles serviced regularly?
Are tyres in roadworthy condition?
Are lights focusing properly?
employees. If the safety representative finds that The HSA, in its Guidelines, advises safety
matters that have been raised are not being dealt representatives to maintain records of any matter
with, the safety representative should prepare found to be unsatisfactory, whether discovered
a written memo setting out the facts, listing during an inspection or otherwise.
the action requested, and noting whether the
employer’s inaction is as a result of a considered Always remember that a safety representative
decision or due to oversight. is entitled to contact the HSA and make
representations to an inspector. With most
If the inaction is the result of an oversight, consider reasonable employers this should not be necessary,
if a further reminder will lead to satisfactory action but where it becomes necessary because of an
being taken. If so, raise the issue again. If it is employer’s inaction, advise the employer that the
the considered view that further representations Authority is going to be contacted.
will not result in action, then advice on the issues
in dispute should be sought from representative
organisations and/or the HSA.
Power to influence when health and safety issues arise. The EAT
The SHWW Act 2005 (section 26) requires that ordered that a bus driver, who was dismissed after
employers will consult with employees and their failing an eyesight test, should be re-engaged in a
safety representatives on matters relating to safety, position other than his former position. The tribunal
health and welfare. heard that the driver’s eye-sight had been tested
by a company doctor. On examining the driver,
Section 26 gives employees rights which, if used the company doctor found that his sight did not
effectively, will enable employees to influence a meet the required standard. Accordingly he was
company’s workplace safety, health and welfare at declared unfit to drive.
work policies and actions. Employers are required
to consult with employees on a wide range of The doctor told the driver of her finding and
matters, ranging from training to the introduction said she would enquire about alternative work.
of new technologies. Evidence was given for the company that no
alternative work was available and the driver, was
One proviso of the section, which is often retired on medical grounds. Two shop stewards
overlooked, is the requirement that employers will, gave evidence that alternative work was available.
when appointing competent persons in relation to
protective and preventative measures, consult with Having heard the evidence, the Tribunal accepted
employees and safety representatives. This, no that the driver was “permanently unfit to continue
more that the proviso that employers must consult his duties as a bus driver”. However, they stated
on the introduction of new technologies, gives it had not been demonstrated to them that the
employees and safety representatives considerable company had given due consideration to the
influence, bearing in mind that if consultation is not possibility of finding alternative employment for
meaningful, the safety representative could make him and ordered his re-engagement in a role
representations to the HSA on the issues. other than his former position, from the date of his
dismissal.
Getting results
Safety representatives can help their fellow
workers to attain their rights by seeking to ensure
that safety, health and welfare conditions in the
workplace are good.
CHAPTER 14: Following the hearing, the Labour Court will make
PROTECTION AGAINST a written determination, in which it will either
PENALISATION affirm the Rights Commissioner’s decision, set it
aside, or vary it. The Court shall communicate its
determination to the parties.
One of the most significant achievements of the A form for making an appeal is available on
trade union movement in relation to the SHWW the Labour Court’s website (http://www.
Act 2005 was the inclusion of the provision workplacerelations.ie/en/Publications_Forms/
(section 27) protecting employees against actions Appeal_of_Rights_Commissioner_Decision_-_
taken by employers to penalise them for acting Safety_Health_Welfare_Act.pdf)
in compliance with health and safety legislation,
exercising any duties or rights, making a complaint
or representation, giving evidence in a court case
against an employer (be it a prosecution or a Table 14.1: Penalisation claims:
civil claim), in relation to emergencies or serious procedures and time limits checklist
or imminent danger or when acting as a safety
representative. Complaint must be made within six months
from date of penalisation.
Penalisation is defined as:
- suspension, lay-off or dismissal. If the Rights Commissioner considers it
- demotion or loss of opportunity to promotion. reasonable, he/she may extend this period
- transfer of duties, change of location of place by another six months.
of work, reduction in wages or working hours.
- the imposition of any reprimand or penalty. Appeals against a Rights Commissioner’s
- coercion or intimidation. decision must be taken within six
weeks from the date the decision was
If a safety representative or any other employee communicated to the party appealing.
believes that he/she has been penalised, in any of
the ways specified in the legislation, he/she may
present a complaint to a Rights Commissioner.
Table 14.2: Penalisation Case Study:
The Rights Commissioner will give the parties an
Rights Commissioner’s decision
opportunity to be heard and to present evidence
to the Commissioner. The Rights Commissioner
will give a decision in writing on the complaint Two members of the Defence Forces, with
and communicate it to both parties. He/she must others, were detailed to clean rubbish on
send a copy of the decision to the Labour Court. army grounds. When the two sought PPE
The Rights Commissioner may declare that the and did not carry out the task, they were
complaint was or was not well-founded. If the informed that their actions were in breach of
Rights Commissioner finds that a complaint is well- a lawful order and they were charged under
founded, the Rights Commissioner may require the military law. The charges were subsequently
employer to take a specific course of action and/ dropped. With the support of PDFORRA
or to pay the employee compensation. (their representative association), the two
made a complaint to a Rights Commissioner.
If either party is dissatisfied with the Rights They argued that the ground in question
Commissioner’s decision, that party may appeal was outside the area of military control, that
the decision to the Labour Court. The Labour members of the public had access to it and
Court will hear the parties’ submissions and give that the rubbish was not confined to litter.
the parties the opportunity to present evidence.
However, the awards are far below many awards Following his dismissal the worker brought a claim
made by the Employment Appeals Tribunal in against his employer, claiming that he had been
penalised, contrary to section 27 of the SHWW The Court said it was satisfied that the dismissed
Act 2007. worker made complaints concerning health and
safety matters arising from the change in the
Deliberating on the law, the Court said that where quality of the gloves provided. It was also satisfied
there is more than one causal factor in the chain that following those complaints, the employer
of events leading to the detriment complained appeared to take issue with the employee in
of the commission of a protected act must be respect of employment-related matters which
an operative cause in the detriment suffered. had not previously been a source of difficulty.
A claimant must establish that on the balance The Court held that the dismissed employee’s
of probabilities he made complaints relating to complaint of penalisation had “been made out”. It
health and safety and that it is apt to infer that awarded him €20,000.
the complaints were an operative consideration
leading to, in this case, his dismissal.
Mr Carey claimed that he was dismissed because he had made complaints about safety issues in
the store where he worked. He claimed this constituted penalisation. His employer contended that
he was dismissed during his probationary period for consistent underperformance and because
the store was experiencing a downturn in trade. The court noted that there was considerable
controversy about whether or not Mr Carey had made complaints about safety issues, but was
satisfied from the evidence that he had received negative reviews during his period of employment.
The Court found that even if he had made complaints about safety issues, general dissatisfaction
with his performance was the operative reason for his dismissal. (Heatons and Christopher Carey.
Case Ref: HSD 123. Date of determination: April 2012)
The foundations of modern Irish occupational health and safety management were
established by the Barrington Commission. Since the Barrington Commission reported
in 1983, health and safety management in Ireland has evolved and while the principal
role and responsibility for workplace health and safety lies with the employer, a wide
range of advisors, trainers and others have a part to play.
Company responsible
A construction company, which pleaded guilty to allowing a gas leak that resulted in two workers
suffering severe burns, was fined €40,000 by the Dublin Circuit Court. The Court heard that the
company was carrying out work on gas pipelines in the vicinity. The normal supervisor was not on
duty and two workers were diverted from another site to the Oscar Traynor Road site to cover an
excavation with a metal plate.
When the men got to the site, the senior worker told the person in acting charge of the site that the
excavation was too small for the work required. However, as a pipe had been cut, the senior worker
told the HSA inspector investigating the incident that he had to go ahead, even though the procedures
to be followed were not the correct procedures. When they were carrying out the work there was an
explosion. The two workers, neither of whom were wearing the correct PPE, suffered severe burns.
Giving evidence in mitigation, the company having pleaded guilty to a charge of failing to, in so far as
reasonably practicable, manage and conduct its work activities to ensure the safety and health of its
employees (SHWW Act 2005, section 8.2.a), the health and safety director of the parent company
told the court that the company took health and safety very seriously. In 2011 the parent company
won a RoSPA president’s award, having won RoSPA awards for the last 15 years. The company
was, he said, “deeply sorry for the accident and the injuries”. (DPP for HSA v Enterprise Managed
Services Ltd: Dublin Circuit Criminal Court, March 2012)
Following the investigation, the company was charged with failing to securely fence the cutting
blades, failing to ensure the safety of employees, failing to possess a written risk assessment and
failing to provide adequate training and information. The plant manager was charged with failing
to prepare a revised safety statement after the machine had been modified to reduce noise. Taking
account of guilty pleas by the defendants, District Judge Mary Devins imposed fines of IR£1,150
(€1,459) on the company and IR£300 (€380) on the plant manager. (HSA v B International t/a
Oasis and Paul Gallagher: District Court, Ballina)
The protective and preventative duties are based to believe the current risk assessment is no
on the premise that employers appoint competent longer valid. A simple example would be when
people (the word in the Act is persons), whether it new machinery is purchased. A somewhat trickier
be one or more, to perform the functions specified example would be when an experienced member
by the employer relating to the risks and hazards of a team is replaced by a new recruit who has to
to safety, health and welfare at work. A person is be trained and integrated into the team.
deemed to be competent where the person has the
training, experience and knowledge appropriate to When assessing the extent of a risk, some
the work to be done, taking into account the size employers use complex matrixes; others simply
and the hazards of the workplace or the undertaking. rank risks as high, medium, low. A look at accident
figures reported to the HSA indicats the high
The requirement to appoint competent persons risk tasks (see Table 15.3). However, one of the
brings up the issue of resources. Employers are problems with the reported accident figures is
required to allow the competent persons the time that they only deal with physical risks. Employers
and means to perform their functions. The time must also address the psychosocial risks and
allowed and the means provided must be adequate, health risks, such as exposure to noise, vibration
in relation to the size of the workplace and the or stress and bullying.
risks. The employer is also required to provide the
competent person with information on the factors When deciding what control measures to put
that the employer knows or suspects affect the in place, employers should have regard to the
safety, health and welfare of employers and the risks General Principles of Prevention:
at the place of work and of the work carried out. 1) The avoidance of risk.
The employer is responsible for identifying the 2) The evaluation of unavoidable risk.
hazards. The HSA’s Short Guide to the SHWW 3) The combating of risk at source.
Act 2005 makes it clear that to successfully 4) The adaptation of work to the individual,
manage health and safety, employers need to know especially as regards design.
the hazards of the workplace. A hazard is defined
as “anything with the potential to cause harm” (See 5) The adaptation of the place of work to
Potential Hazards Checklist, Table 15.2). technical progress.
6) The replacement of dangerous articles,
Having identified the hazard, the employer is substances or systems of work, with ones
responsible for assessing the risk and putting in that are less dangerous.
place control measures. One definition of risk used 7) Giving priority to collective protective
by the HSA is “risk is the likelihood that a person measures over individual measures.
may be harmed or suffers adverse health effects
if exposed to a hazard”. Another definition adds in 8) The development of an adequate
“the severity of the consequences” if the hazard prevention policy.
caused harm. 9) The giving of appropriate training and
instruction to employees.
The HSA advises that the risk assessment must:
• Address any significant hazards. The HSA has published a hierarchy of control
measures.
• Apply to all aspects of the work.
• Cover non-routine, as well as routine Where possible, the risk should be eliminated.
operations, such as occasional maintenance. Where it is not possible to eliminate the risk,
risk must be reduced to be as low as reasonably
Risk assessments should be reviewed regularly. practicable (ALARP). For a risk to be as low as
Risk assessments must be reviewed when there reasonably practicable, it must be possible to
has been significant change or there is reason demonstrate that the cost involved in reducing the
This list is based on the HSA’s list in the Short Guide but includes hazards identified in other
publications.
Table 15.3: Causes/triggers of injuries – top five. Ranked by reference to 2012 figures
1. Eliminate
2. Substitute
Most Least
Preferred 3. Isolate Preferred
4. Engineering controls
5. Administrative controls
risk further would be grossly disproportionate to activity to which the extract relates: this is a statutory
the benefit gained. requirement. When the safety statement is being
brought to the attention of employees, it must be in
Having identified the hazards and assessed a form, language and manner that they understand.
the risks, the employer must prepare a safety
statement. The safety statement must: As well as addressing the hazards and risks
facing employees, employers must also ensure
• List the control measures to be taken to avoid
the protection of the safety, health and welfare of
the risks.
persons who are not in the employer’s employment
• Name the persons responsible for to ensure, in so far as is reasonably practicable,
implementing and maintaining the measures. that they are not exposed to risks to their safety,
health and welfare. Put more simply, employers
• Include plans to deal with emergencies and
have duties towards contractors. A contractor
imminent risks.
could be the electrician or service technician who
• List the names of safety representatives (if comes on site to repair machinery, or may be the
any). caterer or the security guard.
As with risk assessments, safety statements One of the novel aspects of the SHWW Act 2005
should be reviewed regularly and if there are is the provision allowing the HSA to draw up
significant changes to work practices. Codes of Practice, which employers, employing
three or fewer employees and carrying on an
Employers must bring the safety statement to the activity for which a Code was developed, could
notice of employees. In many workplaces, relevant adopt in place of drawing up a safety statement.
extracts are accessible or on display near the work Codes of Practice exist for:
Electrocuted
A case brought by the mother of a Polish worker, who was electrocuted when a crane came into
contact with overhead powerlines, was settled in the High Court for €85,000. The deceased worker’s
mother alleged that the employers failed to provide a safe place of work. (Dzwil v Booth Precast
Products and others)
Contributory negligence
The Supreme Court held that an office manager, who sued her employer for a wrist injury after she
tripped and fell in an office, was guilty of contributory negligence, because she had a responsibility to
keep her desk and the area around it tidy. The court held that while the primary duty of care rested
Table 15.4: Selected cases on duty to provide a safe place of work continued
on the employer, the office manager, who had previously complained about clutter and knew
the danger, was guilty of contributory negligence, which the court measured at 25%. (Coffey v
Kavanagh)
Door stoppers
A hotel worker, part of whose little finger was amputated when the door of a room she was cleaning
suddenly slammed shut, was awarded damages of €50,000 by the High Court. Arguments that the
worker was guilty of contributory negligence were dismissed. The worker alleged that her employer
was negligent on four grounds, including failing to provide a safe place of work. (Antoszczyk v
Gatehalf t/a Kilkenny Rivercourt Hotel)
Prosecutions
Burns
A company that operated a paving plant was fined €17,500, following an accident in which two
apprentices suffered burns. The accident happened following a failure of the compressed air supply.
The contractor who looked after electrical maintenance was not available. The apprentices spoke to
him on the phone and he encouraged them to try and fix the problem. They returned to the switch
house and one of them inadvertently touched a live buzz wire. This caused an explosion and the
apprentices suffered burns. Their employer was charged with and pleaded guilty to failing to provide
a safe place of work, as well as failing to provide training and information. (DPP/HSA v Roadstone)
Table 15.4: Selected cases on duty to provide a safe place of work continued
As noted above, the duty on employers to provide sectors were: services (43%); construction (26%);
a safe place of work, while now incorporated distribution (21%); industry (7%); and financial
in statutory law, derives from the common law. services (2%).
Claims by employees who have been injured at
work often allege the employers were negligent In 2011 in the April-June quarter there were
in failing in their duty to provide a safe place 1,861,000 people at work. Three sectors not
of work, contrary to common law and now mentioned in the CSO business demography
also statutory law. Also the HSA has regularly figures are health and social care (244,000
prosecuted employers for allegedly failing in their employed), education (150,000 employed)
statutory duty to provide a safe place of work and public administration and defence (95,000
(See Table 15.4 of Case Law) employed). It is reasonable to assume most of
the people employed in these sectors were public
There are no figures for the actual number of sector workers. Their employers have a duty to
workplaces in the country but, according to the provide them with a safe place of work, as have
Business Demography figures from the CSO private sector employees.
(2011), there are 189,055 enterprises in Ireland,
while employment figures from the CSO (for Safe systems of work
the quarter October to December 2014) show Employers are also required to provide, again in
1,938,900 people were at work. so far as is reasonably practicable, safe systems
of work. Work must be planned, organised and
Delving further into the CSO business demography performed, to be safe and without risk to health.
figures provides an insight into the structure of Like the duty to provide a safe place of work, the
Irish business. The figures are for the “private duty derives from the common law. The duty to
sector economy”. According to the figures, SMEs provide a safe system of work has been the basis
(that is enterprises employing less than 250 for both employer liability claims and prosecutions
people), accounted for 99.8% of private sector (See Table 15.5).
enterprises. The SMEs employed 68.6% of those
employed in the private sector, with larger firms, Employers are under a statutory duty to provide
(those employing over 250 people) employing just systems of work that are planned, organised,
over 30%. The sectoral distribution of enterprises performed, maintained, revised and appropriate to
was: services (48%); distribution (23%); be, in so far as reasonably practicable, safe and
construction (19%); industry (7%); and financial without risk to health. The statutory duty is set out
services (3%). The numbers employed in the in the SHWW Act 2005, section 8(2)(e).
There is no single document in which the scope • The complexity of the task.
of the duty to provide a safe system of work is
• The capabilities of the employees concerned.
identified in simple terms. The HSA has developed
the concept of Safe System of Work Plans, designed • The complexity of the precautions required.
to help employers carry out work activities safely.
Some tasks necessitate the use of permit to work
The Authority has published a number of Safe systems. The risk assessment is a key element in
System of Work Plans (SSWP): planning safe systems of work, while training is,
• House Building. the authors say, closely linked to the establishment
of systems. When established, systems must be
• Ground Works. maintained.
• Demolition.
• Civil Engineering. Raymond Byrne, writing in Safety and Health
Acts: Annotated and Consolidated, in his analysis
• Road Works. of the statutory provision, notes an emphasis on
• Agriculture. advanced planning of systems, taking account of
• New Commercial Buildings. the preventative aspects of the SHWW Act 2005.
The reference to maintaining safe systems, he
• Building and Monument Maintenance. writes, involves follow up and supervision and the
• Working in Graveyards and Cemeteries. transmission of information between units in an
undertaking.
SSWP are two-sided sheets, designed in
pictogram format to identify the hazards of a task Welfare facilities
and to guide the user towards putting controls Welfare is the often overlooked third leg of
in place. As the introductory guidelines state, the safety, health and welfare at work. Employers are
SSWP complements the safety statement. under a duty to provide and maintain facilities
and arrangements for the welfare of employees
There are three sections in each form: Part 1 at work. The duty to provide for the welfare of
dealing with planning the activity; Part 2 dealing employees has been described as the most vague
with hazard and control identification; and Part 3 of the three concepts of safety, health and welfare.
sign off. Guidelines on using the SSWP are set out
on the inside cover of the booklets. The primary The Barrington Commission report initially had
objective of the SSWP is to identify the major “some problems” with the term “welfare”. In
hazards associated with the work activity. practice the Commission found it difficult to
establish a clear distinction between welfare and
The broad scope of the duty is discussed in The other elements of occupational health and safety.
Handbook of Health & Safety at Work (authors: Having overcome these initial difficulties, the
Bateman and others; publishers Kogan Page), Commission decided that policies on occupational
in which a safe system of work can, it is said, be health and safety should have regard to elements
defined “as the work method resulting from the which affect the physical and mental wellbeing of
assessment of the risks associated with a task employees.
and the identification of the precautions necessary
to carry out the task in a safe and healthy way”. Welfare has been described as being primarily
The authors write that the degree of formality concerned with “comfort” items, such as sanitary
establishing safe systems of work depends on a and washing facilities. What is meant by welfare
number of factors, including: is specified in more detail in the SHWW Act
2005 (Schedule 7, paragraph 31). Welfare
• The level of risk.
facilities include the supply of hot water, sanitary
• The frequency with which the task is carried conveniences, washing and bathing facilities,
out. ambulance and first-aid arrangements, cloakroom
Employers’ liability
The painter appealed to the Supreme Court. The Supreme Court held that the employer was 60%
responsible because the employer failed to provide a safe system of work and that the painter, as an
experienced worker, was 40% responsible. In the judgment, the Supreme Court set out the factors
to be taken into account when considering if a system of work is safe, which are:
• To address in advance the foreseeable risks inherent in the work.
• If the work is highly complex, to establish an elaborate system of work which is supervised and
enforced.
• If the system is not complex, a warning of the dangers inherent in the job or specific instruction
may suffice.
• While an employee’s experience and competence are relevant factors, the duty to provide a safe
system of work is the employer’s responsibility. (McSweeney v McCarthy: Supreme Court)
Prosecutions
facilities, seating, and refreshing facilities, • Cleaning: workplaces should be kept clean
including places for the taking of meals. and clear of refuse.
• Where a job can be carried out while seated,
In Providing the right workplace facilities, the
or where there may be opportunities for
HSE-GB advises employers to consider:
workers to sit down between tasks without
• Toilets and hand basins, with soap and towels detriment to their work, seating (chair with a
or hand-dryers. back), or if that is not practicable, some other
• Drinking water. form of support should be provided.
• Place to store clothing and to change clothing • Drinking water should be provided at
if special clothing is worn for work. accessible locations.
• Place to rest and eat meals. • There should be facilities to boil water.
Many of these issues are dealt with in the General • Table surfaces should be easy to clean.
Application Regulations 2007, Part 2, Chapter 1: • Rest rooms should be provided where
The Workplace. The Authority’s recommendations work involves arduous physical activity or
in relation to general welfare requirements is conducted in a hostile atmosphere (for
(General Application Regulations, regulation 18) example, where employees are exposed to
are concerned with: dust or fumes).
In the HSA’s guide to the Regulations, The guide can accessed at: http://www.hse.gov.
recommendations on sanitary facilities are given uk/pubns/indg345.pdf
(See Tables 2.1 & 2.2: Sanitary Facilities pg21).
Where employers fail to provide training, the training
Two issues that arise frequently in relation to is inadequate or records are not available, the
workplaces are temperature and lighting. employer is effectively unable to defend proceedings
if sued after an accident in the workplace. Speaking
The General Application regulations (Regulation at the National Irish Safety Organisation’s annual
7) provide that after the first hour’s work the conference in 2013, a senior insurance industry
minimum temperature for sedentary office work claims advisor said training has to be appropriate
is 17.5 degrees centigrade, while for other office and task-specific. On the issue of records, he said:
work that does not involve serious physical “The making and keeping of records is fundamental
activity, the minimum temperature should, in so to defending claims”. In court, “if it is not written
far as reasonably practicable, be 16 degrees down, it did not happen”. A leading senior counsel
centigrade after the first hour’s work. While said training must be appropriate to the work to be
maximum temperatures are not specified, high or done. Giving an example of the standards expected
uncomfortable temperatures should be controlled. by the courts, he said no judge will accept that a
worker, who has been shown a video or some slides,
The regulations on lighting do not specify any has received proper manual handling training.
particular level of luminance but natural lighting
takes precedence over artificial lighting and lighting Training or rather the failure to provide training
should be sufficient to enable persons to detect or the provision of inadequate training ranks with
obvious hazards. A HSE-GB publication, Lighting the provision of safe places of work and safe
at Work http://www.hse.gov.uk/pubns/priced/ systems of work as one of the most commonly
hsg38.pdf), though now somewhat dated, still cited grounds for negligence actions at common
offers useful guidance and includes information on law by employees injured at work. The HSA
lighting levels for certain tasks. regularly prosecutes employers for not providing
training. (See Table 15.6 Case Law – Training)
Information, training and supervision
Employers are under a duty to provide information, In the publication Workplace Safety and Health
training and supervision (The General Application Management, the HSA advises that adequate
Regulations 2007, regulation 10). Information, arrangements must be made to ensure employees
training and supervision should be in a form, have the necessary skills to do their work safely.
manner and language that the employee Training should be provided:
understands.
• On recruitment.
But beyond complying with statutory requirements, • If an employee is assigned to a new task.
why provide health and safety training? The HSE-
• When new equipment or technology is
GB puts the case in a publication Health and
introduced or systems of work are changed.
safety training: a brief guide. Providing health and
safety information and training helps employers:
Employers are required to provide training during
• Ensure that people who work for them know working hours and without loss of remuneration
how to work safely and without risk to health. to employees attending training. This particular
• To develop a positive health and safety requirement often leads to difficulties.
culture. In the publication Workplace Safety and Health
• By contributing to making employees Management the HSA states that good training
competent in health and safety. arrangements should include:
• By reducing accidents and occupational ill- • Systems to identify health and safety training
health, thus reducing costs. needs.
Employer liability
Awarding the injured bus driver €13,500 compensation, the judge, while saying that the matter
had been taken seriously by the bus company, held that the company was negligent because
it failed to provide adequate communications and training on how to handle such situations.
Commenting on the company’s advice to drivers to stay in the safety of their secure cabs, the
judge said the bus driver could have done little other than come to the aid of the passenger.
(Collins v Dublin Bus: Dublin Circuit Court)
Prosecutions
• Training documentation appropriate to the • Can it be adjusted to fit the wearer correctly?
size and activity of the organisation. • Is the employer aware of medical conditions
• Refresher training. of the wearer that have to be taken into
account?
• Proper supervision to ensure the development
and maintenance of competence. • Does the PPE cause discomfort?
• If more than one item of PPE is being worn,
The literature on health and safety training links are the items compatible?
training to competence. New employees and
current employees assigned to new tasks, need PPE is provided for the use of individual
to be up to the standard to carry out the tasks. employees. But where necessary, it may be worn
New employees will need induction training. by more than one employee, provided such use
Induction training should cover health and safety does not present health or hygiene problems.
policy, personal responsibilities, fire procedures, Employees are under a duty to take reasonable
emergency procedures, first-aid arrangements, steps to sure that PPE is returned to storage after
accident and incident reporting procedures, basic use.
manual handling techniques and information on
PPE and washing, eating and changing facilities,
where these apply in the workplace. CONTRACTORS
Provide and maintain PPE Employers have a duty to, in so far as reasonably
Employers are obliged – where risks cannot be practicable, manage and conduct their businesses,
eliminated or, by applying the General Principles so that persons not in their employment are not
of Prevention, be adequately controlled – to exposed to risks to their health and safety. While
provide personal protective equipment (SHWW the persons not in the employer’s employment
Act 2005, regulation 8(2)(1)). The rules governing includes members of the public, more often than
the provision and use of PPE are covered in more not such persons are contractors or the employees
detail in the General Application Regulations Part of contractors providing services to employees.
2, Chapter 3 (see Section 2, Chapter 2).
Many of the contractors will be self-employed and
The fundamental principle to be remembered many more will have employees working on other
about PPE, which is spelt out clearly by the HSA employers’ sites. Either way those contractors are
in the Guide to the Safety, Health and Welfare at employers. As employers they owe all the duties an
Work (General Application) Regulations 2007, employer owes to an employee and the employers
is that that PPE “should only be used as a last to whom they are contracted to provide services
resort”. Having carried out risk assessment and owe a duty of care to them and their employees.
having applied the General Principles of Prevention As persons in control of a workplace (SHWW Act
and concluded that PPE is required, what should 2005, section 15) the employers to whom they are
the employer do? contracted owe them duties in relation to access
and egress, articles and substances.
Legally, the employer is required to assess the
hazards of the workplace in order to identify the
correct type of PPE to be provided. Then consider
whether the PPE is:
• Appropriate to the risks involved and the
condition of the workplace?
• Does the PPE adequately prevent or control
the risks?
In overturning a building contractor’s conviction for operating an unsafe system of work, the Court
of Criminal Appeal said the Circuit Court judge should be acceded to the company’s application
to dismiss the prosecution. The contractor involved, P J Carey (Contractors) Limited, was in fact
operating a safe system of work, the Court held. Delivering the judgment of the three-judge
appeal court, Mr Justice Adrian Hardiman said there was no evidence that the system of work was
inadequate. Indeed there was ample evidence that the system of work was quite adequate and
that no alternative system was “needed or practicable”. The court also held that for the prosecution
to place the onus of proof on a defendant, it must first establish a prima facie case.
Recapping the evidence given in the Circuit Court, Mr Justice Hardiman noted that the deceased
worker had entered the unsupported trench before the trench box was inserted.
He did this knowing it was a “golden rule” on site that no person should enter an unprotected trench
and despite the fact that he had previously been reprimanded for having entered an unsupported
trench. Furthermore, on the day of the accident he had been given a specific warning not to go into
the trench until the trench box was in place. This evidence, said Mr Justice Hardiman, established
“that the proximate cause” of the worker’s death “was his own action in entering the trench before
the trench box was inserted”.
Summarising the respective cases of the prosecution and defence, Mr Justice Hardiman, dealing
with the prosecution case that the facts speak for themselves, said “the offence is not complete
merely on proof that the trench collapsed”. Mr Justice Hardiman said that a prima facie case had
not been made out and P J Carey was entitled to a directed verdict of not guilty at the close of the
prosecution evidence. (P J Carey (Contractors) Limited and the DPP: Court of Criminal Appeal,)
In the 1980s the Barrington Commission Other professional and specialist roles
encountered arguments that new hazards in Ireland’s Health and safety professionals are akin to general
modern industrial sector and the detailed and practitioners in the medical profession, they
demanding standards of European Directives called are generalist advisors on the broad spectrum
for more and better health and safety professionals. of health and safety in the workplace. Often in
relation to specific aspects of safety, health and
Since then, health and safety has emerged as a welfare, employers need specific advice or the
distinct management discipline. However, as the skills of those with specialist training.
Barrington Commission advised, health and safety
has remained a management responsibility, with Among the professions and those with specialist
management calling on the advice of professional skills who employers call upon for advice and
health and safety advisors, but also other professionals guidance in relation to health and safety are:
and others with specialist expertise and skills. • Occupational physicians
• Occupational health nurses
The health and safety profession
The profession of health and safety advisor is a • Occupational hygenists
modern one. While the origins of the profession • Ergonomists
may be traced back to the late 19th century, it • Physiotherapists
was only in 1945, at the end of World War II, that
• Audiologists
the Institution of Occupational Safety and Health
(IOSH), was founded in Britain. • First aiders
• Manual handling instructors.
While there were members of IOSH advising on
occupational safety, health and welfare in Ireland The responsibility of professional advisors
before the Barrington Commission reported, in A question often arises as to what extent are
the years since the report, membership of the health and safety professionals in particular – and
Institution has grown, as Ireland’s universities and other professionals and specialists – responsible
third level colleges responded to the Barrington for management decisions? There are in fact
proposals and developed certificate, diploma and two aspects to the questions: one is the aspect
degree courses, which allied with practice allow of criminal responsibility under health and safety
people qualify for membership of IOSH. legislation; the other is civil liability for negligence.
There are currently nearly 2,000 members of the The first point to make is that, as provided for in the
IOSH Ireland Branch. Many safety representatives SHWW Act 2005, section 77(12), an employer does
are members of IOSH. Indeed, many health and not have a defence in a case taken for a breach
safety advisors in Irish workplaces were formerly of statutory duty by virtue of any act or default of
safety representatives and learnt about health and a competent person. However, that of itself does
safety when they attended union-organised safety not absolve a competent person from criminal
representatives training. responsibility. That said, while there have been cases
of senior managers being prosecuted for breaches There are no reported cases of OSH professionals
of health and safety legislation, no professional in Ireland having been sued for professional
health and safety advisor or other professional or negligence, or indeed in any of the professions
specialist advisors in Ireland have been prosecuted. that provide OSH-related consultancy and advice.
The basis of good occupational safety and health practice is the identification of hazards,
an assessment of the risks presented and putting in place control measures. In this section
we look at a number of the most common workplace hazards (the list is non-exhaustive)
and consider the information that can help us to address and control those risks.
Asbestos has been recognised as a major cause of There was some evidence that the longer the
occupational ill health from about 1950 onwards duration of exposure to asbestos, the greater
and is still the greatest single work-related killer. the likelihood of dying from heart disease:
There are four main asbestos-related diseases that “Cardiovascular Disease Mortality Among British
may take years to develop after exposure: Asbestos Workers (1971-2005)” Occupational
and Environmental Medicine, published online
• Mesothelioma - cancer of the lining of the
2 April 2012. http://oem.bmj.com/content/
lungs, which is always fatal.
early/2012/03/05/oemed-2011-100313.
• Lung cancer, which is almost always fatal.
A recent report from the National Cancer
• Asbestosis which is not always fatal, but it can
Registry Ireland (NCRI), Cancer Trends No 17
be very debilitating.
Mesothelioma (published December 2012), records
• Diffuse pleural thickening (not fatal). that on average 24 cases of mesothelioma are
recorded in Ireland each year. The report states that
Another condition caused by asbestos is scarring the main risk factor for mesothelioma is asbestos.
of the lining of the lungs, called pleural plaques. The NCRI report, while noting that information on
This is caused by asbestos exposure but does not Irish patient occupation is “very incomplete”, says it
cause symptoms. is worth noting 49% of male mesothelioma patients
had an occupation in construction and related
Recent research also shows an increased risk trades such as electrical, metal and woodworking,
of heart disease for asbestos workers. Workers compared to 20% of all male cancer patients. The
exposed to asbestos as part of their job are at a report notes that the majority of mesothelioma
significantly greater risk of heart disease and stroke patients were aged between 60 and 80. The
than the general population, with women more disease has a long latency period; usually 30 years
likely to be affected than men, according to new or more. Deaths from asbestos-related diseases
research. The study was conducted by researchers are expected to peak around 2020. These deaths
at the HSE-GB’s research arm, Health and Safety are tragic for the people concerned, causing them,
Laboratory (HSL), and was published online in the their relatives, friends and colleagues immense pain
journal Occupational and Environmental Medicine and suffering. Nothing can be done to prevent past
http://oem.bmj.com/content/early/2012/03/05/ exposures now, but safety representatives play a
oemed-2011-100313. The HSL analysed cause vital role in controlling workplace risks and helping
of death among just under 100,000 asbestos to prevent the exposure of workers to asbestos now.
workers taking part in regular voluntary health
monitoring and answering questions on levels of What is asbestos?
exposure for the Asbestos Workers Survey. Most Asbestos is the name used for a range of natural
of the men taking part in the survey worked in minerals which are still mined from rocks in a
asbestos removal while most of the women worked few countries, including Canada, Brazil, Russia,
in manufacturing. The research team compared the Kazakhstan and Zimbabwe. There are three main
number of deaths from stroke and heart attacks types of asbestos:
among these workers, between 1971 and 2005, • Blue (crocidolite)
against the number that would be expected to occur
in the general population. They found asbestos • Brown (amosite)
workers were significantly more likely to die of • While (chrysolite)
The type of asbestos cannot be identified just by lung and cancer of the lining of the lung called
its colour. mesothelioma, which can be caused by very short
exposures to low levels of asbestos fibres. These
The legal definition of what is asbestos is set diseases can take from 15 to 60 years to develop
out in the Safety, Health and Welfare at Work and there is no cure for any of them.
(Exposure to Asbestos) Regulations 2006.
Asbestos means the following fibrous silicates: Where do you find asbestos?
• Asbestos actinolite, CAS No. 77563-66-4* You should assume that all buildings built or
refurbished before 2000 may contain asbestos.
• Asbestos gruenerite (amosite), CAS No. Crocidolite and amosite were banned much
12172-73-5* earlier but the import and use of chrysotile was
• Asbestos anthophyllite, CAS No. 77536-67-58* only finally banned in 1999. Many thousands
• Chrysolite, CAS No. 12001-28-5* of tonnes of asbestos products were used in
buildings; much of it is still there, often in a poor
• Crocidolite, CAS No. 12001-28-4* condition, and it is not easy to identify asbestos
• Asbestos tremolite, CAS No. 77536-68-6* products by appearance. For help in locating
where asbestos may be found in buildings, see the
(* Number in register of the Chemical Abstract HSA’s publication ‘Asbestos-containing Materials
Service (CAS)) (ACMs) in Workplaces: Practical Guidelines and
ACM Management and Abatement’ http://www.
Asbestos has been used in a huge range of hsa.ie/eng/Publications_and_Forms/Publications/
products for its thermal insulation, fire retardant Chemical_and_Hazardous_Substances/
and strengthening properties. Many of these asbestos_guidelines.pdf.
products have been used in buildings and are
still there. Some products consist of only one The most common uses of asbestos in buildings were:
type of asbestos while others are mixtures of two • loose packing between floors and in partition
or more. All types of asbestos are classified as walls.
human carcinogens by the International Agency for
Research on Cancer (IARC), which is part of the • sprayed (‘limpet’) fire insulation on structural
beams and girders.
World Health Organisation.
• lagging, e.g. on pipework, boilers, calorifiers,
The relative risk is estimated as: crocidolite (blue) heat exchangers, insulating jackets for cold
is about 500 times more potent than chrysotile water tanks, around ducts.
(white) and amosite (brown) is about 100 times • asbestos insulation board (AIB), e.g. ceiling
more potent than chrysotile. tiles, partition walls, soffits, service duct
covers, fire breaks, heater cupboards, door
Why is it dangerous? panels, lift shaft linings, fire surrounds.
Asbestos is made up of very thin fibres which
can break down into much smaller, thinner fibres, • asbestos cement (AC), e.g. roof sheeting,
wall cladding, walls and ceilings, bath panels,
the smallest and most dangerous of which are
boiler and incinerator flues, fire surrounds,
microscopic and can be breathed deeply into the
gutters, rainwater pipes, water tanks.
lungs, where they do the damage. Asbestos fibres
are only dangerous if they are made airborne • other products, e.g. floor tiles, mastics, sealants,
and breathed in, but all types of asbestos fibres textured decorative coatings (such as artex),
are potentially fatal if breathed in. The fibres rope seals, gaskets (e.g. pipework), millboards,
that are breathed in can become stuck in the paper products, fire doors, cloth (e.g. fire
lungs and can scar and damage them. This can blankets), bituminous products (roofing felt).
cause scars that stop the lungs working properly
(asbestosis), or can cause cancer. The main types Remember, how dangerous the asbestos is
of cancer caused by asbestos are cancer of the depends on the type of asbestos and the type
of material it is in, the condition of the material, most at risk are those who carry out building
and how likely the material is to be disturbed. maintenance and refurbishment work. For example,
Identifying it correctly is essential to carrying out heating and ventilation engineers, demolition
suitable risk assessments and using safe handling workers, carpenters and joiners, plumbers, roofing
and control measures. An asbestos map should be contractors, painters and decorators, construction
drawn up for workplaces workers, fire and burglar alarm installers, shop
fitters, builders, plasterers, gas fitters, computer
Who is likely to be exposed to asbestos fibres? installers, general maintenance staff, caretakers,
Anyone who disturbs asbestos-containing telecoms engineers, building surveyors, cable
materials, for example, by working on them or near layers and electricians.
them. Research has suggested that the groups
Charges: The Trust was charged with failing to protect, in so far as reasonably practicable, persons
not in its employment.
Fine: The Trust pleaded guilty to the charges. Imposing a fine of £10,000 (about €11,600), the
judge said there was a serious failure of management oversight. Having a management plan and a
survey is of little value if staff are not trained.
Charges: Hodgins Architectural Facades was charged with failing, in so far as reasonably
practicable, to manage its work so as to ensure persons not in its employment were not exposed to
risks to their health and safety, contrary to the SHWW Act 2005, section 12.
Charges: Markethaven was charged with failing to appoint a PSCS and also under section 13 of the
Non-Fatal Offences Against the Person Act 1997 with endangerment by recklessly or intentionally
engaging in conduct which created a substantial risk of death.. Walmac was charged with failing, in
so far as reasonably practicable, to conduct an undertaking so that persons not in its employment
were not exposed to risks to their health and safety.
Fine: Both companies pleaded guilty. Markethaven was fined €120,000 and Walmac €30,000.
Charges: The property owner was charged, as a person in charge of a place of work, with failing to
ensure, in so far as reasonably practicable, that the place of work was safe, contrary to the SHWW
Act 2005, section 15. During cross-examination, counsel for the property owner established that the
asbestos in the roof was encased in concrete and surrounded by metal cladding and that the roof
was safe so long as the asbestos was not disturbed. The workman, who was described by the judge
as an odd-job man, pleaded guilty to failing to, in so far as reasonably practicable, organise a safe
place of work.
Fine: The property owner was acquitted. The workman was fined €200.
Charges: Both the main contractor and the demolition sub-contractor were charged with breaching
health and safety regulations. The demolition sub-contractor was charged with not implementing its
method statement.
Fine: Both pleaded guilty. The demolition sub-contractor was fined £4,000 (€5,400) and the main
contractor was fined £1,000 (€1,350).
asbestos-related work is taking place, ensure that assessment that the exposure limit value will
protective clothing is worn, ensure that the work not be exceeded, the regulations regarding
area is only accessible by employees whose work notification to the HSA (regulation 11) and health
requires entry, ensure no smoking in the area, and assessment and medical records (regulations 20
where exposure cannot be reasonably reduced and 21) will not apply, where the work involves:
by other means, provide individual respiratory short non-continuous maintenance activities in
protective equipment and ensure it is worn. which only non-friable materials are handled; the
removal without deterioration of non-degraded
At the end of 2010 the scope of the Asbestos materials in which the asbestos fibres are firmly
Regulations was, by the Exposure to Asbestos linked in a matrix; encapsulation or sealing of
Regulations 2010, expanded to include work that asbestos-containing materials which are in a
involves repair or maintenance and by banning the good condition; and air monitoring and control
application of asbestos by spraying. The application and the collection of samples to ascertain if
of asbestos by spraying and work procedures specific material contains asbestos.
that involve using low density (less than 1g/cm3)
insulating or soundproofing materials is prohibited. Exposure limit value (regulation 6)
The 2010 regulations also provide that where The exposure limit value imposes a duty on
demolition or other work is being undertaken and it employers to ensure that “no employee is exposed
involves asbestos or products containing asbestos, to an airborne concentration of asbestos in excess
the plan should include repairs or maintenance work of 0.1 fibres per cm3 as an eight hour time-
in addition to removal. Also, information must now weighted average”. Employers must not expose
be easily understandable. workers to airborne concentrations of asbestos in
excess of the exposure limit value.
The placing on the market of articles containing
asbestos has been banned under the provisions of Identification of presence of asbestos
the Chemicals (Asbestos Articles) Regulations (regulation 7)
2011. However, the HSA may issue a certificate Before undertaking work, which would. or would be
of exemption if it is satisfied that the health and liable to, expose an employee to dust arising from
safety of persons will not be prejudiced. asbestos and/or asbestos-containing materials,
carry out a risk assessment as to whether such
Summary of main provisions of materials are, or are liable to be, present in those
Asbestos Regulations 2006-2010 premises and if there is a doubt, to assume they
are present and comply with the provisions of the
Employers’ duties regulations as appropriate.
As well as the duties employers owe to employees,
employers are under a like duty to non-employees, Determination and assessment of risk
where the duties listed apply in relation to their (regulation 8)
own employees (regulation 4) Where employees are, or would be liable to be,
exposed to dust from such materials, employers are
Assess the risk (regulation 5a and schedule 2) not to permit an employee to carry out an activity
Employers are required to assess the risks to which would, or would be liable to, cause such an
employees’ health and safety resulting from any exposure unless he/she (the employer) has made
activity from which an employee is or may be exposed an assessment of the risk from such exposure.
in their place of work, to determine the nature and In carrying out a risk assessment an employer
degree of exposure and to lay down the measures shall: identify the type and condition of asbestos
necessary to ensure employees’ health and safety. or materials containing asbestos; make a suitable
and sufficient assessment of the risk and the steps
Sporadic and low intensity (regulation 5b) needed to prevent or minimise the exposure; record
Where an employee’s exposure is sporadic significant findings and retain every risk assessment
and of low intensity and it is clear from the risk in a permanent form. Employers must consult with
Where work is being carried out which may Health assessment and the role of medical
expose employees, the employer is required to practitioners
ensure that the premises or those parts of the The principal purpose of the Asbestos Regulations
premises where the work is being carried out and is to prevent employees and other workers from
the plant used in connection with that work are contracting an asbestos-related illness.
kept in a clean state.
Employer’s duties
Training and information (regulation 17) To help achieve this objective employers are
Employers are required to provide employees with required to: take measures to ensure employees’
training and information on: potential health risks; health and safety (schedule 3); make available
the meaning of the exposure limit value; operations health assessments, which should be performed
which could result in asbestos exposure; the by a responsible medial practitioner (regulation
need for atmospheric monitoring; the properties 20); where employees are, or may be, exposed
of asbestos and its effects on health; types and to dust, or where a health assessment has been
products of materials containing asbestos; safe made, to keep and maintain an occupational
work practices; respiratory protective equipment health register containing the information referred
and emergency; decontamination; waste disposal to in schedule 6. The employer is required to
procedures and medical examinations. Training keep the occupational health register for a period
should be given at regular intervals and adapted of 40 years following the end of the exposure
to take account of significant changes. Employees (regulation 25).
and/or their representatives should have access
to asbestos measurements and be informed if the Medical practitioner’s role (regulations 2, 19,
limit value is exceeded. Employers are required 20, 21, 22, 23)
to keep records of training given to individual A “responsible medical practitioner” is the
employees. registered medical practitioner engaged by
the employer to be responsible for the health
Provision and cleaning of protective clothing assessments of employees. Health assessments
(regulation 18) must be carried out by a responsible medical
Employers are required to provide protective clothing practitioner, who shall be provided by the
and either dispose of it or adequately clean it. employer with the facilities to carry out the
assessment. The medical practitioner is
Measuring asbestos (regulations 10) required to keep individual medical records of
Where the initial assessment determines that the assessments. The records must be kept for 40
amount of asbestos fibres in the air is equal to or years following the last assessment. The medical
greater than the exposure limit value, the asbestos practitioner shall give an employee who requests
in the air at the place of work should be measured it access to the information contained in his/
regularly. Sampling should be representative of her records and give information and advice
an employee’s personal exposure and should be regarding the assessment.
carried out and analysed by a competent person.
Representative exposure for an eight-hour Competence/ability to perform work
reference period should be established. A person carrying out work, including asbestos
demolition or removal, shall provide evidence
Fibre counting should, wherever possible, of their ability to do the work, to the person for
be in accordance with PCM (phase-contrast whom it is being done and, on request, to an HSA
microscope) in accordance with the 1997 World inspector (Regulation 16 and Schedule 4).
Health Organisation’s recommended method. Only
fibres with a length of more than five micrometres
and a breath of less than three micrometres and
a length and breath ratio greater than 3:1 shall be
taken into consideration.
THE ROLE OF THE SAFETY • Is the work notifiable and if so has the HSA
REPRESENTATIVE been notified?
If a safety representative suspects that there Workers can do certain jobs with asbestos
are asbestos materials in a building, he or she but their employer must ensure that they are
should ask the employer what has been done to adequately trained and have the right equipment.
determine if such materials are present. Safety The employer must ensure that they:
representatives can ask to see the results of any • Have received adequate training first.
inspection or survey done to identify the presence,
and condition, of asbestos materials – the • Are provided with and always wear a suitable
asbestos plan or register. repirator.
• Are provided with disposable overalls.
Remember that there is only a risk if asbestos
• Are provided with a class HEPA vacuum
fibres are made airborne. This can happen when
cleaner to vacuum up dust.
asbestos materials are damaged or disturbed.
However, all asbestos-containing materials should • Do not cut or drill into asbestos with power
be clearly marked, even if in good condition. tools (unless it is unavoidable – in which
case the employer must ensure that the
If you see material which you have reason to appropriate controls are in place and used).
believe contains asbestos, it has been damaged • Dispose of all waste properly.
and you believe that there is a serious risk of
exposure to asbestos fibres, you should ask
everyone to leave the area. The training should help workers to understand,
among other things, the dangers of working with
But remember not to create more of a risk to asbestos, where they may come across it, and
people by, for example, causing a panic or leaving how to work safely with it. Only certain work on
something in an unsafe condition. Remember also asbestos-containing materials can be carried out
that minor damage to some asbestos materials without a licence.
does not always mean that there is a serious
risk or that immediate evacuation of the area The following table is a suggested checklist of
is warranted. In any case, you should notify the questions safety representatives should be asking
employer or occupier immediately. about asbestos.
YES No
Have you checked whether asbestos is present in your buildings?
• A survey/inspection has been planned for______________________ (date)
• A survey/inspection has been done to find materials that might have
asbestos in them
• An expert has checked and confirmed whether or not the materials have asbestos
in them, or it has been assumed that unknown materials contain asbestos
Have you got a record or drawing which clearly shows where in your buildings
the asbestos is and what condition it is in?
• A record or drawing showing where it is and what it looks like has been done
• A register has been drawn up listing all the asbestos materials and their condition,
or this will be done when the survey/inspection is finished
How are you warning people who might work on or damage the asbestos in your buildings?
• Workers are told where the asbestos is and whether the asbestos is damaged
or undamaged
• Workers are given a plan with this information
• Workers are told the building may contain asbestos and they should treat the
material as if it is asbestos
• Workers have been/will be given awareness training so that they do not disturb/
damage the asbestos and know what to do if they find damaged material
How are you checking that your management systems that are meant to prevent exposure to
asbestos actually work and continue to do so?
• The arrangements to control the risk are periodically reviewed as a matter
of course
• Spot checks are done to make sure the building/maintenance worker is
getting the right information and working safely
• Any changes in the use of the building or the condition of the asbestos
are dealt with
FURTHER INFORMATION/RESOURCES
HSA guidance
Don’t risk it! Stop & Think Asbestos
http://www.hsa.ie/eng/Publications_and_Forms/
Publications/Chemical_and_Hazardous_
Substances/asbestos_flyer.pdf
CHAPTER 18: pass by. This can lead to wheezing sounds. Most
ASTHMA people with asthma have wheezing attacks
separated by symptom-free periods. Other
symptoms include shortness of breath, cough and
chest tightness. Asthma attacks can last minutes
BASIC FACTS ABOUT ASTHMA to days and can become dangerous if the airflow
becomes severely restricted.
Asthma is described in the HSA’s Guidelines
on Occupational Asthma as an inflammatory The Guidelines then consider what is work-related
disorder of the airways. When an asthma attack asthma, which can, the Guidelines state, be divided
occurs, the muscles surrounding the airways into two subsets:
become tight and the lining of the air passages • Work-aggravated asthma
swell. This reduces the amount of air that can • Occupational asthma.
Azodicarbonamide Ispagula
Carmine Latex
The Guidelines state that work-related asthma The sensitisation process does not occur after
accounts for about 10% of all adult onset asthma. one exposure but develops over time (i.e. it has a
latency period). Latency periods are variable and
Work-aggravated asthma can be as short as several weeks or as long as
Persons with work-aggravated asthma usually 30 years. If exposure is consistent, the period of
have a history of pre-existing asthma. This usually greatest risk is the first two years of exposure. The
has been symptomatic and the person may have risk does not go away after that but may reduce
been on treatment but sometimes they have not somewhat.
been. Some but not all of this latter group may
give a history of childhood asthma, that they The top eight causes of occupational asthma
have “grown out” of. They may tell of recurrent (based on the HSE-funded Surveillance of
asthmatic episodes that are triggered by cold Work-Related Occupational Disease Intelligence
temperatures, excessive exertion, or exposure to Network) (SWORD) and main occupations
irritant aerosols including dusts, fumes, vapours, exposed are:
and gases. These people may get wheezy or have
• Isocyanates – spray painters, other metal or
other symptoms at work. The problem can often
electrical processors, makers or repairers
be eliminated by improving the work environment
(mainly vehicle manufacture and mechanics),
or avoiding the irritant.
plastics workers.
Occupational Asthma • Flour and grain – bakers, other food
Occupational asthma is caused as a direct result processors, farmers or farm workers
of workplace exposure. There are two forms of
• Wood dust – wood workers.
occupational asthma: irritant-induced occupational
asthma and allergic occupational asthma. • Glutaraldehyde – nurses, other non-metal
or electrical processors (mainly darkroom
Irritant-induced occupational asthma usually technicians), other professional, clerical and
develops after a single, very high exposure to an service occupations (mainly radiographers).
irritant chemical. It is a direct “burn” effect on the
• Solder/colophony – welders, solderers
airways and is not related to the immune system.
or electronic assemblers, other metal or
Examples of causal agents include ammonia, acids
electrical processors, makers or repairers.
and smoke. The high levels of exposure required
are usually the result of accidents or some major • Laboratory animals – laboratory technicians,
failure of controls, often in enclosed spaces. The scientists and assistants, other professional,
workers nearly always manifest asthma symptoms clerical and service occupations (mainly
within 24 hours of the exposure, that is, there is medical/pharmacological research).
no latent period. Symptoms will tend to improve
• Resins and glues – metal and electrical
over time and may go way entirely but if symptoms
processors, makers and repairers,
persist beyond six months, persistent problems are
construction and mining, other non-metal or
possible.
electrical processors, makers or repairers,
chemical processors.
Whether recurrent exposure to lower levels of
respiratory irritants leads to irritant-induced asthma • Latex – nurses and auxiliaries, laboratory
is currently a matter of debate but the majority of technicians.
experts believe it does not.
There are many more substances known to cause
Allergic occupational asthma is caused by occupational asthma, which affect a host of other
sensitisation or becoming allergic to a specific occupations. The HSE-GB has published a list of
chemical agent in the workplace over a period of substances that can cause occupational asthma.
time. This is the mechanism for the vast majority
(over 90%) of cases of occupational asthma.
How many workers get occupational of litigation, asthma ranks low. There have been
asthma? very few cases (see Table 18.2) and because
The Asthma Society of Ireland estimates that of insufficient data, the Injuries Board does not
about 470,000 people in Ireland suffer from include guidance on compensation levels for
asthma. Figures from the US suggest that work-related asthma in the Book of Quantum.
three out of four asthma sufferers is an adult.
Extrapolating from that figure and taking the A research report, The true cost of occupational
HSA’s estimate that 10% of adult onset cases are asthma in Great Britain, published by the HSE-
work-related, it may be that up to 35,000 people GB in 2006, examined the cost of occupational
(about 2% of the workforce) could be suffering asthma in Britain. While the report was written
from asthma caused or aggravated by work. for the benefit of British employers, many of the
Research published recently by Imperial College findings are likely to be applicable in Ireland.
London found that one in six cases of adult onset The report found that the average worker
asthma is caused by workplace exposure. suffering from occupational asthma is estimated
to lose between 3.5 and 4.5 workdays per year.
It is interesting to contrast the estimates of the The estimated lifetime cost to society of new
prevalence of work-related asthma with the cases is between £3.4m and £4.8m a year. The
actual number of reported cases. Over the three- estimated costs to society are the costs incurred
year period 2010 to 2012, just ten cases were by individuals, employers and the State. The
recorded by the Occupational Injury Benefits largest burden falls on the individual worker (49%
scheme. Under the SWORD scheme (a scheme of the total), followed closely by the State (47%).
under which respiratory physicians report cases Employers incur only about 4% of the costs.
of respiratory diseases) respiratory physicians in
Ireland reported 43 asthma cases over the period In the UK the Royal College of Physicians (RCP)
2005 to 2012. That is just over five cases a year. estimates one in six cases of asthma in people
of working age is either caused or aggravated
In the UK in 2011, respiratory physicians reported by work-related factors. New RCP guidance
148 new cases of occupational asthma to advises hospital doctors to question patients with
SWORD. However the UK HSE, based on Labour respiratory problems about their job, the materials
Force Survey figures, suggests the true number they work with and whether their symptoms
of cases could be more than ten times higher. If improve when they are away from work.
the HSE-GB multiplier of ten is correct, then the
number of cases in Ireland each year could be as The guidance, published in the Journal of Clinical
high as 50. Medicine, recommends that doctors seek consent
from sufferers to communicate with the employer
In terms of workplace health and safety issues and advise them of the diagnosis and of the need
likely to grab management’s attention because to protect the patient from further exposure.
LEGAL AND OTHER STANDARDS FOR require employers to take account of information
PREVENTION AND CONTROL provided on safety data sheets.
There are no specific regulations referencing The HSA’s guidance poses the question: are any of
asthma. However, employers are required by the substances used listed with the “Sen notation”
the SHWW Act 2005 to ensure, in so far as in the Chemical Agents Code of Practice? The
reasonably practicable, the safety, health and guidance was written some years ago and the
welfare of employees (section 8). As already Code of Practice is now the 2011 Code.
noted, the HSA’s guidelines state that employers
must ensure a safe working environment where The next question is: does the exposure exceed
exposure to substances which can cause asthma the daily exposure limit in the Chemicals Agents
is prevented or controlled. Regulations? The Chemicals Agents Regulations
are undoubtedly the major regulations in relation
Anyone who might think that because the to work-related asthma. The regulations set out
guidelines do not specifically mention protecting how employers should determine and assess
employees against risks that might aggravate risks from hazardous chemical agents, the
existing asthma, that the employer is not under control and prevention measures required, the
a duty to protect such employees, should read duties of employees, the arrangements to deal
barrister Raymond Byrne’s comments in an article with accidents, incidents and emergencies, the
on the Mackey v Iarnrod Eireann case (see employer’s duty to provide information, training
below), in which the company was held to be 50% and to consult and set out the rules on health
responsible for Mr Mackey’s asthma, which had surveillance.
been aggravated by his work.
However, they are not the only relevant regulations.
The HSA’s guidelines provide employers with a list As Byrne goes on to point out, employers have,
of what is required of them. This includes a safety under the General Application (Workplace)
statement based on a risk assessment which Regulations, a duty to ensure that any deposit or
sets out adequate control measures and provides dirt that is likely to create an immediate danger to
information to employees and which alerts the health of employees must be removed without
employers to the need for health surveillance. delay. Byrne was writing in 2002. The relevant
The risk assessment should identify if respiratory regulation now is the Reg 6 of the General
sensitisers which can cause asthma are being Application (Workplace and Work Equipment)
used in the workplace. Respiratory sensitisers Regulations 2007. As well as dealing with the
can be identified by checking safety data sheets removal of deposits and dirt, Reg 6 deals with
for the R42 phrase: “may cause sensitisation by ventilation in enclosed places of work.
inhalation”.
where there is no possibility of exposure. Safety those of their members to management in writing.
representatives have to be aware that if a person Safety representatives should ask for copies
has developed asthma, then simply moving them to of the risk assessments the employer has
another job will not protect other workers who may done to ensure they are preventing exposure
also be exposed. Risk assessments and control to workplace asthma, and check the Safety
methods will need to be urgently reviewed. Data Sheets for chemicals categorised as R42:
Respiratory sensitisers. They should also look out
for respiratory irritants.
COMPENSATION
Safety representatives should also make sure
In the article on the Mackey case, which is titled that their employer is notifying them of any
Occupational Asthma: employers’ liability (Health cases of suspected occupational asthma and
& Safety Review, April 2002), Byrne, having set work-related asthma within the workplace.
out the statutory duties imposed on employers, Where control measures are in place, then safety
goes on to point out that the common law duty of representatives can check that they are being
care requires employers to ensure that employees adhered to and maintained and also that they
are not exposed to risks which can trigger are being effective in preventing asthma. Safety
occupational asthma. representatives should also make sure that,
where there is any potential asthma risk, their
He writes that an employee seeking damages will employer has given all their workforce appropriate
only be successful if the employer failed to take training and information on both the symptoms of
reasonable care. In deciding what is reasonable asthma and how to avoid it. In addition, a system
care, he adds, courts regularly refer to guidance of health surveillance should be in place wherever
from reputable organisations such as the HSA. there is an asthma risk.
range of employers’ duties are set out in section at least ten years following the end of the
5, with greater detail provided in following exposure and for 40 years depending on the
sections. Employers are required to provide: likely duration of the risk (Reg 12).
• Training, information, consultation: Consult • Emergency plans: Have and maintain
with employees and provide information emergency plans and procedures appropriate
and training (prior to work with biological to the hazards of the place of work (Reg 13).
agents) on the potential risks to health, the
precautions taken, hygiene requirements, the • Occupational exposure list: Employers are
wearing of suitable work clothing and PPE required to keep an occupational exposure list
and the steps to be taken by employees in of employees who are exposed to biological
the case of incidents or to prevent incidents agents. They must keep the list for at least
(Reg 8). Also, if employees are handling a ten years following the end of the exposure
Group 4 agent or there has been a serious and for 40 years depending on the likely
incident, employers are required to provide duration of the risk (Reg 15).
written instructions and, if appropriate, display
notices, to inform employees of any accident There are special provisions in relation to health
or incident (Reg 8). care and veterinary care facilities other than
diagnostic laboratories (Reg 16) and in relation to
• Hygiene: Take hygiene measures so that laboratories, industrial processes and animal rooms
employees do not eat or drink where there (Reg 17).
is a risk of contamination and to provide
washing and toilet facilities, which may Employers commencing work involving biological
include skin washes and antiseptics. Also agents from groups 2, 3, and 4 for the first time
employers must specify procedures for the are required to notify the HSA at least 30 days
handling and processing of samples of human prior to commencing work. If an accident or
or animal origin (Reg 9). incident occurs which may result in the release of
• Individual protection: Where there is a risk, an agent which may cause severe human harm or
employers are required to provide suitable illness, the employer is required to notify the HSA.
work clothing, special protective clothing and
PPE and to ensure that such clothing and Employees are required to report to their employer or
equipment which may be contaminated be to the person responsible for health and safety any
removed on leaving the work area and kept accident or incident of which they become aware
separately from other clothing, clean and which involves exposure or the risk of exposure or
decontaminated and if necessary destroyed the release of a biological agent (Reg 6).
(Reg 10).
• Vaccination: Make effective vaccinations OCCUPATIONAL EXPOSURE
available to employees who are not already
immune to the biological agent to which they In some cases there are infectious organisms
are exposed or likely to be exposed (Reg 11). which are innately part of the job exposure, such
• Health surveillance: Make health surveillance as those found in healthcare work in hospitals
available, where appropriate before exposure, and the community, or are incidentally part of job
and at such intervals as necessary. Where exposure, such as those found in sewer work or
an employee is suffering from an infection agriculture. There are also micro-organisms which
suspected to be as a result of exposure, have been deliberately genetically altered for use
ensure health surveillance is made available in industrial processes. Some workers are exposed
to other employees who have been exposed, to plants which can cause health problems, or
if so requested by the responsible medical substances of biological origin such as wood
practitioner or the HSA. Employers are dusts, juices from plants, or dust generated
required to keep individual health records for in the handling of foodstuffs. In many cases,
exposure can produce allergic responses such as hazard, that is the micro-organism, is present on or
occupational asthma. within the materials, substances, animals or people
that are being handled. For example, handling
Apart from those who intentionally work with waste contaminated with human/animal waste or
micro-organisms in a laboratory-type setting, there working with equipment or in an environment that
are many occupations where there will be an is contaminated, such as sewers.
element of incidental exposure to micro-organisms
as a result of the kind of work that is carried out. Below (Table 19.1) is a list of occupations where
This incidental exposure could be because the there may be a risk of infection. The list gives an
Hairdressers
Abattoir workers
Heating and ventilation engineers
Acupuncturists
Kennel/cattery workers
Ancillary healthcare workers
(such as cleaners, porters) Laundry workers
Animal rescue workers Local authority services (such as pest control,
gardeners, park keepers)
Beauticians
Metalworking
Butchers
Motor vehicle repairers
Care workers
Nurses
Chiropodists
Plastics injection moulding workers
Cleaners (such as public transport, parks,
streets, public toilets) Plumbers
Custodial workers (for example, police, Post mortem technicians
prison officers)
Poultry processors
Dentists/dental nurses,
Refuse collectors
Ditch clearers
Sewage workers
Doctors
Slurry spreaders
Ear and body piercers
Social workers
Electricians visiting people’s homes
Tattooists
Embalmers
Undertakers
Emergency service workers
Veterinary workers
Farmworkers
Water sports teachers
Foresters
Zookeepers
Grave diggers
Grooms *The list is non-exhaustive
Groundspersons
indication of the range of jobs where biological the primary physical confinement, of a
hazards should be considered. biological agent used at work.
8. Use of means for safe collection, storage
PREVENTING OCCUPATIONAL
and disposal of waste by employees,
EXPOSURE
including the use of secure and identifiable
containers, after suitable treatment where
Risk assessment is the root of prevention. As
appropriate.
the HSA points out, every employer has a duty
under the SHWW Act 2005 to carry out risk 9. Make arrangements for the safe collection,
assessments. In relation to biological agents, the storage and disposal of waste by
Authority also points out that employers have to employees within the workplace.
comply with the Biological Agents Regulations
2013. Employers will find guidance on risk The HSA advises in the case of any activity in
assessment in the Biological Agents Code of relation to which there is a risk to the safety or
Practice and in the Authority’s Guidelines to the health of employees caused by working with
Biological Agents Regulations. a biological agent, the employer must take
appropriate measures to ensure that:
Where it is not possible to prevent risk entirely,
• Employees do not eat or drink in any location
employers must reduce the risk. The HSA advises
within a place of work where there is a risk of
that where it is not technically possible to prevent
contamination by a biological agent.
exposure to biological agents, measures must be
taken to reduce the risk of exposure and to ensure • Employees are provided with suitable washing
the control of any remaining risk so as to protect and toilet facilities, which may include eye
the worker. These measures should include: washes and skin antiseptics (or both).
1. Keeping the number of employees exposed • Employees are provided with suitable
or likely to be exposed to a biological agent personal protective equipment (PPE).
as low as possible. • Any necessary PPE is:
2. Work processes and engineering control i. properly stored in a designated place
measures should be designed so as to ii. checked and cleaned if possible, before,
avoid or minimise the release of a biological and in any case after, each use
agent into the place of work.
iii. repaired, where defective, or replaced,
3. Use of both collective protection measures before further use.
and individual protection measures where
• Procedures are specified for taking, handling
exposure cannot be avoided by other means.
and processing samples of human or animal
4. Use of hygiene measures compatible origin.
with the aim of preventing or reducing the • Working clothes and PPE, which may be
accidental transfer or release of a biological contaminated by a biological agent, are
agent from the workplace. removed on leaving the working areas
5. Use the bio-hazard sign (depicted in the and, before taking measures for cleaning/
Third Schedule of the 2013 Biological decontaminating/destroying, kept separately
Agents Regulations), and other relevant from other clothing.
warning signs. • The working clothes and PPE are
decontaminated and cleaned or, if necessary,
6. Draw up plans to deal with accidents
destroyed.
involving a biological agent.
7. Test, where it is necessary and technically In the UK the Advisory Committee on Dangerous
possible, for the presence, outside Pathogens (ACDP) has published advice on
controlling the risk of infection at work. The individual and occupational hygiene measures.
booklet Infection at Work: Controlling the Risks Additionally, after health surveillance has been
can be downloaded at http://www.hse.gov.uk/ undertaken, a further reassessment of the risk of
pubns/infection.pdf. According to the ACDP, exposure must be made.
employers should identify the hazard. There are
four main sources of infection to be considered: Individual records of health surveillance must be
• Blood and other body fluids kept and be made available, on request, to the
employee concerned.
• Human and animal waste
• Respiratory discharges Where appropriate, the responsible medical
• Skin. practitioner carrying out health surveillance
should be familiar with the exposure conditions or
circumstances of each employee.
It should be noted infections can be transmitted
from person to person. Health surveillance of employees must be carried
out in accordance with the principles and practices
The ACDP identify a number of ways in which of occupational medicine. At a minimum, it must
infection can be caused. These include: include at least the following measures:
• Putting contaminated hands and fingers into • The keeping of records of an employee’s
the mouth, nose or eyes. medical and occupational history.
• Splashes of blood and other body fluids • Where appropriate, biological monitoring
as well as detection of early and reversible
• Broken skin, if it comes into contact with effects.
microorganisms.
• A skin penetrating injury, by for example a Further tests may be decided upon for each
contaminated needle. employee, when he/she is the subject of health
surveillance, in light of the most recent knowledge
available to occupational medicine, on the advice
HEALTH SURVEILLANCE and of the responsible medical practitioner.
VACCINATIONS
The employer and responsible medical practitioner
Employers have specified duties towards employees are required to retain individual health records and
in relation to health surveillance and vaccinations. individual confidential medical records respectively
The HSA guidance sets out how employers should for an ‘appropriate’ time, usually between 10 to 40
go about complying with these duties. years, depending on the length of time of exposure
and/or the likely duration of risk to the safety and
Health surveillance health of the employee due to exposure.
It is the employer’s duty to make provisions for
relevant health surveillance to be made available Vaccinations
for those employees for whom the results of any It is the duty of the employer to ensure that effective
risk assessment reveals a risk to their safety or vaccines are made available when necessary.
health. Such health surveillance, where appropriate, Therefore, if the risk assessment reveals that there
must be made available prior to exposure to is a risk to the safety and health of employees due
biological agents and at regular intervals thereafter. to their exposure to a biological agent, for which
effective vaccines exist, the employer must offer
These health surveillance arrangements must them vaccination, free of charge.
be such that it is directly possible to implement
Employees should be informed of the benefits infection likely, the mode of transmission (e.g.
and drawbacks of both vaccination and non- skin contact).
vaccination, and a vaccination certificate may • The species of biological agent.
be drawn up which should be made available to
the employee concerned and, on request, to the • The protective and preventative measures
Authority. Records of vaccination and follow-up as that are envisaged.
necessary should be kept and retained.
Therefore, for the purposes of notification an
adequate risk assessment should be site, task
NOTIFICATION TO HSA and agent specific, as appropriate, and should be
submitted together with the notification form.
The Health and Safety Authority requires There is no approved form of notification for
notification 30 days prior to the commencement of group 1 biological agents. However, the Form of
work for the following activities: Notification for a Group 2,3 or 4 Biological Agent
may be used for notifying the Authority. Other
• First time use of a group 2 biological agent. notification methods may also be used, provided
• First time use of a group 3 biological agent the required information (above) is included.
and any subsequent new group 3 biological
agents, where the employer provisionally
classifies that biological agent. THE ROLE OF THE SAFETY REPRESENTATIVE
• First time use of a group 4 biological agent
and first time use of each subsequent group Infections from biological hazards are preventable,
4 biological agent. but prompt diagnosis and treatment are crucial.
Workers should not be exposed to any micro-
• Laboratories providing a diagnostic service organism that can cause or trigger infections and
in relation to group 4 biological agents are safety representatives can get more information on
required only to make an initial notification. biological hazards on the HSA website.
• Re-notification is required for all groups where
there are changes to processes, procedures Safety representatives can:
or the biological agents that are of importance • Give co-workers facts about biological agents.
to safety and health at work, that result in the
original notification being invalid or out of date. • Discuss whether management plans for
dealing with the issue are adequate.
Information that must be contained in the • Provide opportunities for them to express/
Notification includes: register their concerns – by holding meetings,
• The name and address of the establishment conducting surveys and using body mapping
or undertaking (or both): this must relate to and risk mapping techniques.
the place where the work is being carried out. • Inspect the workplace regularly.
For example, in the case of universities, the • Encourage them to report any exposure or
department or faculty carrying out the work symptoms. Safety representatives should
must be documented, including the specific report their concerns and those of their
location or laboratory facility in question. members to management in writing. Use the
• The names and capabilities of the person chapter above for ideas on how you can make
responsible for safety and health at work: this sure that management gets things done.
must document the names and capabilities • Risk assessments: Safety representatives
(e.g. experience/training etc.) of those at the should ask for copies of the risk assessments
local level. that the employer has done to ensure that they
• The results of the risk assessment: at a are preventing exposure to biological hazards,
minimum this should include the type of and make sure that their employer is notifying
them of any cases of suspected infections employer has given all their workforce appropriate
within the workplace. Where control measures training and information on both the symptoms of
are in place, then safety representatives can infections from biological hazards and how to avoid
check that they are being adhered to and them. In addition, a system of health surveillance
maintained and also that they are effective in should be in place.
preventing infections from biological hazards.
Intranet sites are easy mediums for in-house The survey found that the effects of bullying spread
bullying in offices and call centres. The massive beyond the workplace. Just over 42% of respondents
growth in email as a management technique easily said bullying impacted on the quality of life outside
depersonalises contact between manager and work. The effects were then measured on a scale
staff and can be a convenient shield for aggressive ranging from ‘minor effect’ to ‘very significant’. Just
and insensitive behaviour. 8.5% complained that the effect was very significant.
The employer’s duty of care, to ensure that In carrying out the survey, it was considered to
employees are working in a safe environment, be reasonable to assume that being the victim
applies equally to cyber-intimidation. Part of an of bullying is a stressful experience. As with the
employer’s duty may involve alerting employees, quality of life effects, the stress effects were
especially those in contact with young people and measured on a scale ranging from low to high.
clients, to keep personal details and photographs Just 0.4% reported high stress effects, with 46%
off social networking sites (even of out of work reporting low stress effects.
activities), and to be careful who they ‘friend’ on
Facebook. Victims of cyber-bullying experience The link between bullying and stress is often
the same feelings of fear, intimidation, stress and mentioned in cases which come before the
low morale as those bullied face-to-face. A key courts, rights commissioners or the Employment
difference is that by using information systems to Appeals Tribunal.
cause harm, the victim has no control over who
witnesses the abuse. As the HSA points out in the Code of Practice,
bullying is a cost for both employers and
There is often a misconception that because employees. The costs can be human and financial.
cyber-bullies are able to target their victims
anonymously, there is less chance to identify who
the bully is. This is not usually true. Employers LEGAL STANDARDS
can take immediate steps to have the offending
material removed from websites but making a The issue of bullying is not addressed specifically
request for information to be removed is not in the SHWW Act 2005 or the General Application
enough. Regulations 2007, but as barrister and law lecturer
Raymond Byrne writes in Safety, Health and
The employer should make sure that the offensive Welfare Law in Ireland, section 8 of the SHWW
material has been removed and that the web Act 2005 imposes a duty on employers to manage
pages have been ‘uncached’. This will disable the and conduct their activities to prevent any improper
web page from displaying the offensive material conduct or behaviour which might affect the health
and stop further users from using search engines and safety of employees. This general duty has,
to locate the pages. he writes, been supplemented by the HSA’s Code
of Practice for Employers and Employees on the
Prevention and Resolution of Bullying at Work.
EFFECTS OF BULLYING
There are three Codes of Practice on addressing
While there can be a tendency to look at the the issues of bullying and harassment in the
effects of bullying in terms of quality of life and workplace. There is the:
stress, the most startling effect apparent from the • Code of Practice for Employers and
survey results is that 11% of those who had been Employees on the Prevention and
bullied in the six months preceding the survey Resolution of Bullying at Work (HSA Code).
had quit their jobs. A further 14% said they had
considered withdrawing completely from the labour • Code of Practice Detailing Procedures for
force as a result of the bullying. Addressing Bullying in the Workplace (SI
17/2002) (LRC Code).
• Code of Practice on Sexual Harassment the conduct must be repeated. An isolated one-
and Harassment at Work (SI 208/2012) off incident may be an affront to dignity, but is not
(Equality Authority Code). considered bullying. It is important to distinguish
bullying from inappropriate behaviours.
Though the Codes are what is termed ‘quasi-law’,
rather than full statute law, the fact is that while The Code gives a non-exhaustive list of examples
failure to abide by the Codes is not in itself a of bullying-type conduct. These include:
criminal offence and does not of itself provide a • Exclusion with negative consequences
ground for taking a personal injuries action against
an employer for negligence, failure to abide by the • Verbal abuse/insults
Codes may be used in evidence in proceedings. • Being treated less favourably than colleagues
For that reason, it is prudent to treat the Codes as • Intrusion – pestering, spying, stalking
if they were law and to implement their provisions.
• Menacing behaviour
Initially the Codes were adopted following the • Intimidation
report of the Government-appointed Task Force • Aggression
on the Prevention of Workplace Bullying. They
• Undermining behaviour
were drafted by an implementation group set
up under the auspices of the HSA, who have • Excessive monitoring at work
been given overall responsibility for tackling the • Humiliation
issue of workplace bullying. As such, though
• Withholding work-related information
sexual harassment and harassment remain the
responsibility of the Equality Authority (now the • Repeatedly manipulating a person’s content
Irish Human Rights and Equality Commission), or targets
they may be regarded as coming within the ambit • Blame for things beyond a person’s control.
of health and safety law. Subsequently, in 2007,
following another report by an expert group, the The Code deals with an issue that arises in the
HSA Code of Practice was updated and bullying, workplace, the distinction between reasonable and
sexual harassment and harassment are defined in essential demands arising from good management
the Codes. of performance. An example is given of an
employee whose performance is continuously
What is bullying? signalled at a level below required targets.
Workplace bullying is defined in the HSA and
LRC Codes. It is repeated inappropriate behaviour, What is sexual harassment?
direct or indirect, whether verbal, physical or Sexual harassment is defined in the Equality
otherwise, conducted by one or more persons Authority Code by reference to the Employment
against another or others, at the place of work Equality Act (section 23), which the Equality
and/or in the course of employment, which could Authority have summarised by noting that sexual
reasonably be regarded as undermining the harassment includes any act of physical intimacy,
individual’s right to dignity at work. An isolated request for sexual favours, and/or other act or
incident of the behaviour described in this conduct including spoken words, gestures or the
definition may be an affront to dignity at work but production, display or circulation of written words,
as a once-off incident is not considered bullying. pictures or other material that is unwelcome
and could reasonably be regarded as sexually
This definition has been approved by the Supreme offensive, humiliating or intimidating. (Based on the
Court in judgments (see law cases, pg146). Employment Equality Act 1998, section 23)
without the sexual element. It has to be based • Quigley v Complex Tooling and Moulding,
on the relevant characteristic of the employee, because the Supreme Court endorsed the
whether it be the employee’s marital/civil status, definition of bullying in the LRC and HSA
family status, sexual orientation, religious belief Codes of Practice.
(or none), age, disability, race, colour, nationality • Sweeny v Ballinteer Community School for
or ethnic or national origin or membership of Mr Justice Herbert’s rulings on aspects of
the travelling community. Bullying not linked to conduct that amounted to bullying and those
one of the discriminatory grounds is not covered that were not bullying.
by the Employment Equality Act. (Based on the
Employment Equality Act 1998, section 32 (5)) • Shanley v Sligo Corporation as an early case
in the series of bullying at work cases and
The Codes require employers to apply health an example of the sort of situations that can
and safety principles, in relation to the issues arise in workplaces.
of bullying, sexual harassment and harassment. • Allen v Independent Newspapers.
Employers must identify the hazard, assess the risk
(in writing) and put in place prevention measures. Quigley v Complex Tooling and
Moulding: Supreme Court 2008
The Task Force recommended that as a The Quigley case is important because the
demonstration of commitment to tackle the issues definition of bullying in the LRC and HSA Codes
of bullying, harassment and sexual harassment, of Practice was accepted by the Supreme Court.
organizations should adopt a Dignity at Work Mr Justice Nial Fennelly, who delivered the
Charter. The HSA has published a model Charter. Court’s judgment, said bullying must be repeated,
Every organization should obtain a copy, review it inappropriate and undermining of the dignity of the
and apply it to its own workplace. employee at work.
Under the terms of the Code, employers should Both parties had accepted that at common law an
adopt a policy for the prevention of bullying, sexual employer owes a duty of care to his employees not
harassment and harassment in the workplace. That to permit bullying to take place and both accepted
policy should set out the prevention measures the definition of workplace bullying at paragraph
taken and procedures for dealing with allegations 5 of the Industrial Relations Act 1990 (Code of
of such conduct. Procedures may in the first Practice Detailing Procedures for Addressing
instance be informal, but formal procedures should Bullying in the Workplace) (Declaration) Order
also be adopted. The procedures should deal 2002 (SI 17/2002) as an accurate statement of
with issues such as investigations, time limits, the employer’s obligation.
representation rights, the right of the alleged
perpetrator to respond, disciplinary procedures and It was also interesting because it highlights the
sanctions. complexities of the law and the uncertainty of
personal injuries litigation. In the High Court, Mr
In the HSA Code, the point is made that Justice Lavan found that Mr Quigley had been
harassment is closely related to bullying. However bullied and awarded him damages of €75,000.
unlike bullying, a one-off incident can be However, the Supreme Court, despite upholding Mr
considered to be harassment. Quigley’s complaints of bullying and harassment,
held that the employee was not entitled to recover
damages for depression – which he claimed he
CASE LAW suffered as a result of the bullying – because he
failed to show that the depression was caused by
There is an extensive body of case law on the bullying or harassment. Based on its finding,
workplace or work-related bullying. Four cases the Supreme Court overturned a High Court award
merit particular attention: of €75,000 to Mr Quigley.
While the legal importance of the case lies in Having found as a fact that the former employee
the Supreme Court’s acceptance of the LRC/ had been bullied and harassed, Mr Justice Fennelly
HSA Codes definition of bullying, the examples said, the employee also had to prove “that he
of conduct that the courts found amounted to suffered damage amounting to personal injury as
bullying conduct is an excellent guide to what a result of his employer’s breach of duty”. Recalling
constitutes bullying in the workplace. that Mr Quigley was dismissed in October 1999, Mr
Justice Fennelly, citing the evidence of Mr Quigley’s
The facts of the case, as summarised by Mr GP, found that the evidence was consistent “only
Justice Fennelly in the Supreme Court judgment, with the plaintiff’s depression having been caused
were that the plaintiff, Matt Quigley, was employed by his dismissal”. There was “no medical evidence
by Complex Tooling and Moulding Limited, who of a link with the harassment”. Consequently, the
he was suing. He worked, as a general operative, Supreme Court concluded that Mr Quigley “had
with the company and its predecessors since 1977. not discharged the burden of proving that his
He was dismissed in October 1999. In 1998 the depression was caused by his treatment during his
company was taken over by Complex Tooling and employment”. The Court held the employer’s appeal
Moulding and a new plant manager was appointed. against the High Court judgment should be allowed
Most of Mr Quigley’s complaints related to his and the plaintiff’s claim dismissed.
treatment at the hands of the new plant manager.
Sweeney v Ballinteer Community
When the case was heard in the High Court, in School: High Court 2011
2005, the judge hearing the case found on, as the This case is notable for the types of conduct the
Supreme Court noted, “uncontradicted evidence”, judge found amounted to bullying and those he
that following Mr Quigley’s refusal to accept a found did not.
voluntary redundancy package, Mr Quigley was
subjected to humiliation at the hands of the The board of management of a school owed a
company’s managing director. teacher a duty to take reasonable care to prevent her
suffering mental injury in the workplace as a result of
Among the incidents of bullying and harassment being harassed or bullied by other employees.
found by the High Court were:
- a remark by the managing director, who when Awarding the teacher €75,000 damages, Mr
asked on what principle Mr Quigley was the Justice Daniel Herbert held that the school’s board
only employee offered voluntary redundancy, of management, as the teacher’s employer, owed
replied, “the principle, don’t make me laugh”. her a duty of care, both at common law and by
virtue of the provisions of the SHWW Act 2005.
- remarks by the plant manager: “I’ll sort out the He said he was satisfied that from March 2007
granddads”; he could do with “some broom onwards the board of management should have
training”; and “I do not know why you are known that the teacher was claiming that she
doing that, that is no good”. was being victimised, bullied and harassed by the
- excessive and humiliating scrutiny, with the school’s principal.
plant manager often standing behind Mr
Quigley watching him for up to 45 minutes at While they did not concern the court, there was a
a time as he worked. background of events that, the judge said, led the
teacher to believe that every action or omission of
Commenting on these incidents, Mr Justice the principal “was part of a conscious and deliberate
Fennelly said the evidence was unchallenged in campaign by him to bully and harass her”.
the High Court and the trial judge was entitled
to accept it as true. Continuing, the judge said Judge Herbert noted that the teacher, who was
such conduct “amply meets the criteria of being the school’s home-school liaison co-ordinator
repeated, inappropriate and undermining of the (liaison teacher), had until 2005, when she was
dignity of the plaintiff at work”. unsuccessful in an application for one of four
The consultant psychiatrist told the court that the Shanley v Sligo Corporation: High Court
liaison teacher was suffering from severe clinical The Shanley case is important because it was the
depression, with an overlay of post-traumatic first case to come before the Irish courts where
stress disorder. She had, the psychiatrist said, an award was made in a case where bullying
recovered considerably but remained anxious. was clearly the identifiable issue. Mr Shanley, a
Having reviewed the various incidents, Mr fireman who was systematically abused, bullied
Justice Herbert found that since her return to and belittled by a superior officer over an eight
work in March 2007, the liaison teacher had year period, was awarded damages of IR£65,000
been continuously treated by the principal in a (€82,532).
bullying and aggressive manner. She had been
marginalised and treated with unrelenting hostility As liability was admitted, the High Court’s task
and contempt. was to assess damages. Making the award, Mr
Justice Butler said that the case was unusual and
Summing up, Mr Justice Herbert said that the concerned post traumatic stress disorder (PTSD).
consultant psychiatrist did not give evidence Having heard evidence as to the nature of the
that the liaison teacher suffered PTSD because bullying suffered and its effect upon the fireman,
of her immediate fear of being followed by the the judge, after a short adjournment to consider
investigators. He also noted evidence that the the case, returned to court and delivered an
condition occurs some weeks after a person has extempore judgment.
been involved in a traumatic event.
Saying that the bullying had gone on for a long
He concluded that the liaison teacher had not period (eight years), he awarded the fireman
established that she suffered PTSD because of general damages of IR£50,000 for the injury
the bullying or harassment of the school principal, suffered and IR£15,000 for past and future
but she had suffered a psychiatric illness in the medical and counselling expenses.
form of clinical depression and that a direct
causative connection existed between that injury Earlier the court had heard from the fireman that
and continuous harassment and bullying by the as a result of bullying by a superior officer he had
school principal. He was, he added, satisfied that changed. Now he liked his own company and at
the history of occupational stress going back to times found it difficult to carry on a conversation.
2005 and 2006, which the principal and the Board He told the court that he had missed out on
of Management were aware of, meant they knew his children growing up and being with his wife
the liaison teacher was vulnerable to some form of when she suffered a brain tumour. He had
mental injury. contemplated suicide.
Finding the Board of Management liable, Mr He had, he said, filed complaints but nothing
Justice Herbert said that apart from being happened. Eventually, after returning from a holiday
vicariously liable for the acts of the principal, they in 1999, he contacted his union and a meeting was
also, as her employer, owed the liaison teacher arranged. The meeting was attended by the county
a duty of care both at common law and by virtue secretary, the county engineer and a SIPTU official.
of the SHWW Act 2005, to take reasonable Following the meeting, an inquiry was set up.
As part of the investigation, the Anti-Bullying The best known example of related unfair
Centre, based at Trinity College, were requested dismissal and personal injury claims is the Liz
to investigate the matter. A report prepared by the Allen and Independent Newspapers case. Liz Allen
Centre was handed into court. Giving evidence, was a well known journalist with Independent
the Centre’s Jean Lynch told the court the report Newspapers, where she was the paper’s crime
concluded that there had been bullying. The correspondent. She claimed that she suffered
evidence was overwhelming. ill-health and was forced to resign from her
job as a result of harassment and bullying. She
The bullying was, she stated, due not only to the was awarded IR£70,500 compensation by the
behaviour of the fireman’s superior officer, but also Employment Appeals Tribunal.
to a lack of intervention by senior management.
They had allowed the bullying to continue. They Allen claimed that she was constructively
had been aware of the bullying but did nothing dismissed because the conduct of her employer,
about it. and its treatment and attitude towards her, left her
with no choice but to terminate her employment.
The bullying started from the commencement She claimed that she was subject to continuous
of his employment in 1991. The report showed harassment and bullying and that she was
that the fireman’s perception of his relationship effectively isolated at work. This conduct, she
with his superior officer was one of intimidation, claimed, undermined her confidence and health
humiliation, undermining and attempting to isolate to such a degree that she could not tolerate her
him from his colleagues. working environment.
He was subjected to frequent use of abusive Allen, who commenced employment in August
language and obscenities, open aggression and 1996, resigned in September 2000. During
threatening behaviour, undermining of authority, that time, she claimed that one colleague in
criticism of efforts in front of others, excessive particular behaved in a hostile manner towards
criticism over minor things, deliberate withholding her. This hostility was, she alleged, manifested
of information that was required to carry out by the colleague ignoring her and refusing to
orders, false accusations, rumours and goading. communicate with her. She also alleged that her
immediate boss behaved in an antagonistic and
Giving evidence, Galway-based clinical impatient manner towards her.
psychologist Michael Mullally told the court that he
had seen the fireman nearly 40 times. The fireman In August 1998 she raised her concerns with
was, he said, suffering from PTSD. Answering the particular colleague, whom she alleged was
counsel, he said that it was possible to distinguish treating her in a hostile manner. He professed not
the post traumatic stress, caused by bullying, from to understand what she was talking about. Then,
stress caused by the illness of the fireman’s wife about a year later, when it was proposed that she
and the stress of the job. be transferred from being a crime correspondent
to being a diarist, she raised the issue with her
Allen v Independent Newspapers: EAT immediate boss.
Where bullying at work becomes intolerable
for an employee and he or she resigns, the Her evidence was that in the two years that
employee may still claim unfair dismissal under followed, her working conditions worsened and
the Unfair Dismissals Act 1977 for what is termed though she raised the issue with management at
‘constructive dismissal.’ The employer has not various levels, no effective remedial action was
formally dismissed the employee, but nonetheless taken.
the conditions of employment may justify
resignation and bringing an unfair dismissals claim. Evidence was given by her doctor that she
A number of bullying claims have taken this form. consulted him in September 2000. She was,
he told the Tribunal, suffering sleeplessness,
Compensation was awarded on the basis of Employers must consider if bullying is a likely to
medical evidence, which indicated the journalist be a hazard at the place of work, the extent of
would be unable to work for about 18 months. the risk involved and what preventive measures
Her gross weekly wage was IR£903.85 and, are necessary. The Code sets out guidance on
allowing for 78 weeks’ lost earnings, the Tribunal identifying if there is a hazard:
awarded her IR£70,500. Independent Newspapers
• Has unacceptable conduct or behaviour been
appealed the EAT decision.
observed?
At the same time as she was pursuing her claim • Have substantiated complaints of bullying
for unfair dismissal, Allen initiated a High Court been made?
personal injuries action against Independent
• Have there been reports of bullying at work
Newspapers. The High Court action never came to
from human resources or occupational health
court. While it has never been confirmed publicly,
and safety?
the belief is that the two cases were combined and
settled for a substantial sum. • Is sick leave above the norm?
• The findings of the hazard identification process. • That a complaint which is found, following
investigation, to be vexatious, will be followed
• Information derived from an organisational
up through the disciplinary procedure, but that
climate or work environment assessment
employees who make a complaint will not be
(such assessments are more likely in large
victimised.
rather than smaller organisations).
• Views gathered from consulting with • That the policy will be updated.
employees and their safety representatives.
The policy document should give the name or job
The HSA recommends that employers: title of the person who may be approached by a
• Have a bullying prevention policy. person wishing to complain of bullying at work.
Has any person been given repeated unreasonable assignments to duties, which
compare unfavourably with those given to others?
Have any comments denigrating a person because of gender, marital status, family
status, sexual orientation, disability, age, race, religious belief or membership of the
travelling community been made?
Have we checked absence/sickness records for any indications of problems that might
indicate bullying, harassment, sexual harassment, such as for example stress?
Is any person/are any persons showing signs of depression, anxiety, inability to cope,
alcohol/drug abuse?
Are any particular departments manifesting any of the hazards associated with bullying?
Are there any other indicators (e.g: absence) that may suggest a person could be
subjected to bullying/harassment/sexual harassment?
When drawing up our Safety Statement, did our employer consult with employee
representatives/employees?
Are the procedures based on the Labour Relations Commission’s Code (which is set
out also in the HSA’s Code)?
If the formal procedure has been invoked, while it is noted that the complaint should
be in writing, has our employer a procedure to assist a person who may be
discriminated against (perhaps because of a disability or language difficulty), by
having to express the complaint in writing?
Has the alleged perpetrator of the conduct been given a copy of the complaint and a
fair opportunity to respond?
When the investigator completes investigation, the Code recommends that a formal
written report should be submitted to management. Has this been done?
Have the parties been given a chance to comment on the findings before the
management decides on any action to be taken?
RESOURCES/FURTHER INFORMATION
Government reports
HSA publications
Trade union
Chemicals have brought great benefits to society. Figures published in 2013 by the World Health
They cure illnesses and diseases and help us Organisation’s International Agency for Cancer
clean our houses, cars and workplaces. The Research (IARC), which reviews and classifies
chemical industry is a major employer. In Ireland chemicals for their carcinogenicity, state that of
about 25,000 people are employed directly in the the around 1,000 chemicals assessed, they have
chemicals industry. On the other hand, chemicals classified:
can be dangerous. As Margot Wallstorm, former • 113 as carcinogenic
vice-president of the European Commission and
one of the architects of the REACH Regulation, put • 66 as probably carcinogenic
it, “chemicals are a blessing and a curse”. • 285 as possibly carcinogenic.
An expert report published by the European So we know that chemicals can be hazardous
Agency for Safety and Health at Work estimates and possibly carcinogenic. In the workplace the
that about 74,000 work-related deaths in the task is to protect employees and others, such
European Union (EU) each year may be linked as contractors and visitors, from exposure to
to hazardous substances at work. The HSA’s chemicals that may be harmful.
Short Guide to the Safety, Health and Welfare at
Work (Chemical Agents) Regulations is all about
protecting workers from hazardous substances. HOW CAN CHEMICALS BE HAZAROUS
The words chemicals and hazardous substances TO HEALTH?
are intertwined.
The HSA’s Your steps to chemical safety: a guide
In 2007 the European Union adopted a new for small business answers the question of how
chemicals policy for Europe, the Registration, chemicals can be harmful to health, by pointing
Evaluation, Authorisation of Chemicals Regulation out that chemicals can cause different types of
(REACH). The purpose of the policy is to protect harm, ranging from mild skin irritation to cancer.
human health and the environment from the However, in order for a chemical to be harmful
harmful effects of chemicals. to health there must either be contact with the
chemical or it must enter the body. Chemicals can
The REACH Regulation established the European be ingested, inhaled, injected or absorbed through
Chemicals Agency (ECHA). The regulation the skin.
requires the manufacturers and importers (from
outside the EU) of chemical substances of a The ease with which substances enter the body
quantity greater than one tonne per annum to depends on their physical and chemical make-
register them with ECHA. up. It could be a gas or vapour, an aerosol, fume,
liquid, dust or fibre. For an aerosol, dust or fibre,
particle size is important as this affects how far it
FACTS ABOUT CHEMCIALS can travel into the lungs. Once inside the body, the
substance’s effect will depend on its solubility in
When it comes to establishing the facts, one of the body fluids (such as blood, sliva, or mucus) and how
problems is, as the European Commission puts it the substance reacts with the body’s own chemicals.
system can have serious and even fatal with a specific chemical composition”. The HSA
results, for example interference with the gives an example of a chemical: water. A chemical
hormone insulin can lead to diabetes due substance can exist as a solid, liquid or gas and
to failure of the blood sugar control system. still be the same substance. The example given is
There are a number of chemicals which, water and steam, which are different forms of the
in very small amounts, cause disruption same substance.
to the endocrine system and are called
endocrine disrupting chemicals (EDCs), such The question then is: what is harmful? The legal
as bisphenol A and phthalates in plastics. definition is:
Evidence is building that the assumption
• Any chemical which meets the criteria for
that chemicals will not affect the hormonal
classification as hazardous in accordance with
system may not be true and even those few
the classification criteria of Annex 1 of the
chemicals in use that have been subjected
CLP Regulation.
to some testing have not been tested for
any endocrine disruption effects. EDCs are • Any chemical agent which may, because of its
important in the development of cancers and physico-chemical or toxicological properties
other serious health effects. and the way it is used or presented in the
workplace, presents a risk to the safety and
health of employees.
IDENTIFYING HARMFUL CHEMICALS
AND HAZARDOUS SUBSTANCES The Dangerous Substances Directive (67/548/
EEC) was replaced with the CLP Regulation
The legislative framework around chemicals includes: following a transitional period that ended on
• The Registration, Evaluation, Authorisation December 1st, 2010. Similarly the Dangerous
and Restriction of Chemicals Regulation Preparations Directive (1999/45/EC) will be
(REACH) replaced with the CLP Regulation following a
transitional period ending on June 1st, 2015.
• The Classification, Labelling and Packaging
(CLP) Regulation (EC 1272/2008) Occupational exposure limit values
• Chemicals Acts 2008-2010 Occupational limit values (OELVs) provide a
• European Communities (Protection of basis for ensuring that exposure to airborne
Workers) (Exposure to Chemical, Physical contaminants in the workplace is controlled in
and Biological Agents) Regulations 1989 such a way as to prevent adverse health effects.
An exposure limit is the concentration in the
• Safety, Health and Welfare at Work workplace air to which most people can be
(Carcinogens) Regulations 2001 exposed without feeling harmful effects. The HSA
• Safety, Health and Welfare at Work advises that exposure limits should not be taken
(Chemicals Agents) Regulations 2001, as sharp dividing lines between safe and unsafe
which is the starting point for the exposures.
identification of hazardous chemicals and
substances, which is of course the first step OELVs are defined in the Chemical Agents
on the road to prevention of exposure. Regulation as meaning, unless otherwise specified,
the limit of the time-weighted average of the
At the workplace the concern is: how are concentration of the chemical in the air within the
chemicals and hazardous substances identified breathing zone of the worker in relation to an eight
and which preventative control measures should hour or 15-minute reference period.
be put in place?
Consideration must also be given to short-term
The HSA defines ‘chemical substance’ in its exposure limits (STELs). STELs are defined as the
Chemical Safety Information Sheet as “a material concentration to which workers can be exposed
for short periods of time without suffering side • Extraction: local exhaust ventilation to remove
effects: usually 15-minutes, four times a day. fumes/dust at source.
• General ventilation: to dilute the
The OELVs are set out in the schedules to the
concentration of any hazardous substance
Chemical Agents Code of Practice and are
present.
updated periodically in the Chemical Agents Code
of Practice. • Personal protective equipment: this is the
last measure that should be taken and only
Identification, risk assessment and prevention after all other methods have been considered
The first step in identifying hazardous chemicals and, where appropriate, used.
is, as the HSA advises, to prepare a list of all the
chemicals in your workplace. The Authority also Information/Training/Consultation
advises preparing a list of the processes which Employers are required to train employees in the
generate dust or fumes. It is suggested that safe use of chemicals they work with. Training
the findings should be recorded in a chemical should be designed so that on completion of
inventory. training, employees fully understand:
• What the chemical hazards are.
The next step is to check the label on the chemical
container, the safety data sheet (SDS) and any • What the potential risk to health could be.
documentation which came with the chemical. If • What controls are in place to protect health
you do not have a SDS, you can request one from and safety.
your supplier. • How to handle, move and store chemicals in a
safe manner.
The third step is risk assessment. Assessing
the risk involves evaluating the information • How to clean up chemical spills safely.
on the hazards and uses of the chemical and • Who to report problems to.
consideration of the likelihood of exposure.
• What to do in an emergency.
(ii) The exposure of an employee to a Employers must inform workers about the
hazardous chemical agent is such that hazards and risks of any substances they are
an identifiable disease or adverse health required to work with. Safety representatives
effect may be related to the exposure. must ensure this happens, and can also give
(iii) There is a reasonable likelihood that the workers the facts about hazardous substances,
disease or effect may occur under his or discuss whether management plans are
her particular conditions of work. adequate, provide an opportunity for workers to
express/register their concerns and encourage
A record must be kept of all health surveillance workers to report problems to management and
carried out. The risk assessment may need to safety representatives. Safety representatives
be reviewed based on the results of the health should report their concerns and those of their
surveillance to ensure that the control measures colleagues to management in writing.
are adequate and effective.
FUTHER INFORMATION
HSA publications
Every year, as part of the National Household When the General Application Regulations 2007
Quarterly Survey, the Central Statistics Office were adopted, the General Application Regulations
CSO) gathers information on occupational illness. 1993, with the exception of Part X (10) on the
In 2012, the most recent year for which statistics reporting of accidents and dangerous occurrences,
are available, 27,474 people told the CSO that they were repealed. In 2012 the HSA published draft
were out of work for four or more days because of regulations, under which were proposed new
a work-related illness. updated regulations on reporting accidents,
illnesses and dangerous occurrences. So far new
The CSO figures are based on a statistically large regulations have not been published.
survey and can therefore be regarded as robust.
However it must be borne in mind that the cases So how can employers and employees identify
of absence because of work-related illness are what are considered to be occupational injuries
self-assessed and self-reported. They are not and illnesses? The CSO figures only give an overall
subject to medical vetting. picture of the incidence of occupational illnesses.
To get a detailed picture it is necessary to look at
However given that currently there are no the THOR reports and the IOB figures.
regulations requiring employers to report
occupational illnesses or diseases, the CSO figures Over the seven year period from 2007 to 2013
are a valuable source of information. There are occupational physicians have reported 1,117 cases.
two other sources of information on occupational The cases are reported under diagnostic headings.
illnesses and diseases: the Department of Social They have reported 572 mental health cases, 395
Protection’s Occupational Injury Benefits claims musculoskeletal disorder cases, 102 skin disorders
figures and The Health and Occupational Disease and 18 respiratory cases (asthma: see Chapter 18).
Network (THOR) figures. Other cases reported by occupational physicians
over the years include four of noise induced hearing
Over the five year period 2009-2013 a total of loss cases and four sleep problem cases.
58,793 valid OIB claims were admitted by the
Department, that is an average of 11,758 a year. Last year under the OIB scheme 280 stress
However most of the claims admitted are in claims, 35 cases of sciatica, 33 of tendonitis,
respect of physical injuries. Every year only a few 19 of eczema/dermatitis and 11 ear injury/deaf
hundred are because of a disease, prescribed infections were admitted as valid.
under Social Welfare legislation, as occupational.
Dermatitis and noise are two potential hazards THE ROLE OF THE SAFETY
highlighted by the statistics. The Authority’s REPRESENTATIVE
Frequently Asked Questions webpages are a good
source of information on the hazards of noise and The safety representative’s function is to represent
dermatitis. the employees who have selected him/her by
making their concerns about health and safety
For information on dermatitis visit http://www.hsa. issues known to the employer and by ensuring that
ie/eng/Workplace_Health/Occupational_Asthma_ the employer takes action to address the concerns
and_Dermatitis/Occupational_Dermatitis_ expressed by eliminating the risks to employees’
Frequently_Asked_Questions/. For information health, safety and welfare.
on noise visit: http://www.hsa.ie/eng/Topics/
Physical_Agents/Noise/Noise_-_Frequently_ Specifically safety representatives should be
Asked_Questions/. Another useful guidance ensuring the employer is providing:
document on preventing dermatitis is the HSA’s • Information on occupationally related
Dermal Exposure Information Sheet. To download diseases and illnesses.
visit: http://www.hsa.ie/eng/Publications_and_
Forms/Publications/Chemical_and_Hazardous_ • Details of incidents of occupational diseases
Substances/Dermal%20Exposure%20 or illnesses at specific workplaces.
Information%20Sheet.pdf • Is provide PPE and RPE training in the use of
such equipment.
Employers are required to ensure employees are
• Is monitoring and measuring noise and
not exposed to noise or vibration (which can be
vibration.
a cause of carpel tunnel syndrome) in excess of
exposure limits (see Chapter 2 for summary of the • Is taking measures to eliminate or if that is
regulations under the heading Physical Agents not possible reduce exposure.
Regulations). Employers are required to:
• Assess the risk to employees.
• Decide if employees are exposed to levels
above the exposure limit values (ELVs).
• Take immediate action to reduce exposure
below the ELVs.
companies, the main contractor’s site manager and a director of a sub-contractor. The fatal accident
occurred in 2003. The site manager and the subcontractor’s director were charged under section
13 of the Non-Fatal offences against the Person Act 1997 (see footnote). The court heard evidence
that an HSA inspector had twice issued directions in relation to the overhead power lines and an off-
duty ESB engineer had interrupted a journey to go on site and warn of the dangers. The companies
were fined €150,000 (the main contractor) and €100,000 (the sub-contractor) and the site
manager and director were given suspended prison sentences. (DPP for HSA v Cormac Building
Contractors Limited, Kildownet Utilities, Joseph Byrne, Brian Molloy: Wicklow and Dublin Circuit
Criminal Courts, 2006)
Documents were produced in court which indicated that the normal height for power lines of the
type in the incident would be 15 feet. Evidence was given that at the highest point of the field
the height of the power line was just 13 feet above the level of the field. The Supreme Court held
that given that there can be inclines and bumps in fields, the ESB had a duty of care to make sure
standard machines could go safely under the power lines. The court held that the ESB was negligent
to the extent of 75% but that the contractor was also negligent, to the extent of 25%. (Cosgrove v
Ryan and the ESB: Supreme Court 2008)
(Footnote. Strangely, given the title of the Act, prosecutions can be brought for offences,
including work-related fatalities, under section 13 of the Non-Fatal Offences Against the Person
Act 1997)
represent. Safety representatives are entitled to materials referred to below and draw to the
inspect the place of work upon giving reasonable employer’s attention such guidance. This is not the
notice to their employer. When carrying out an same as taking on a management or advisory role.
inspection, the safety representative should look It is a helpful action alerting employers to available
out for any electrical hazards and bring any issues guidance and resources.
to management’s attention.
The checklist below (Table 23.2) may be helpful
It may be that there has been an accident or a when carrying out an electrical safety inspection. It
dangerous occurrence that has resulted from is derived from the HSE-GB publication Electricity
an electrical incident. Where this is the case, the at Work: Safe Working Practices.
safety representative should look up the resource TABLE 23.2: Electrical Safety at Work
checklist
There are only three valid reasons why equipment being worked on should not be isolated:
• It is unreasonable for the conductor to be dead
• It is reasonable for a person to be working at or near a live conductor
• Suitable precautions have been taken to prevent injury
YES NO
If all three criteria are met, live work may be permitted. Are the criteria met?
Users of this checklist should read the HSE-GB’s Electricity at Work: Safe working practices and
use the checklist in conjunction with the publication
HSE-GB
The HSE’s publication Electricity at Work: Safe
Working Practices provides overall advice on
working safely with electricity. Visit: http://www.
hse.gov.uk/pubns/priced/hsg85.pdf
CHAPTER 24: to assess the fit between a person and their work
ERGONOMICS – Manual Handling an employer will have to consider:
and Display Screen Equipment • The job/task being undertaken.
• The individual’s physical and psychological
characteristics.
INTRODUCTION: an overview • The organisation and the social environment.
The essence of ergonomics is simple. In the • How ergonomics and human factors improve
broadest public policy sense, ergonomics has health and safety.
been defined as “the scientific study of the
relationship between the human and their The HSA’s guide Ergonomics in the Workplace
environment”. In the narrower context of the focuses on the impact of workplace ergonomics
workplace, ergonomics has been defined as on workplace design, manual handling and
fitting the task to the person. display screen equipment. Ergonomics is seen as
a key factor in the prevention of manual handling
In the HSA’s guide Ergonomics in the injuries and is a core element in ensuring
Workplace, the Authority adopts the definition of compliance with the General Application
the writers McCormack and Saunders: (Display Screen Equipment) Regulations 2007.
The law requires employers to avoid manual eliminated, what measures should be taken?
handling, but where it cannot be avoided, to take Training is the answer that most people will
measures to reduce the risk. come up with in the first instance and certainly, if
The risk assessment is the key to prevention training is not provided or the training provided is
and risk assessment enables you to decide what inadequate, the courts will take a poor view of it.
tasks can be avoided and which tasks cannot be But first, employers should consider if there are
avoided but there is a need to reduce the risk. appropriate measures that could be taken to avoid
The regulations offer the best guide to carrying or reduce the extent of manual handling.
out a risk assessment. When carrying out the risk
assessment, it is necessary to consider: In a court case taken by an airline worker, who
• Putting in place appropriate measures to alleged that he suffered a back injury, a High
avoid or reduce the risk. Court judge said that while the airline had training
procedures in place, they were not followed
• Taking account of the risk factors in
in practice. Earlier, the court heard that stairs
schedule 3 of the Manual Handling of Loads
were brought to the door of the plane so that
Regulations when conducting task-specific
passengers can disembark. They were brought
risk assessments.
by a mechanical float but had to be positioned
• Is a load too heavy or too large? manually. On the day the accident occurred, the
• Is a load unwieldy or difficult to grasp? worker told the court he had to manoeuvre the
stairs on his own. While he was doing this, he
• Is a load unstable or has contents that are
felt something slide in his back. He was taken to
likely to shift?
hospital but it was two months before he was able
• Is a load positioned so that it requires twisting to return to work.
or bending of the trunk?
• Is a load likely to cause injury because of The airline argued that the worker had been
contours or consistency (or both) in the event trained and he had not been left on his own to
of a collision? manoeuvre the steps. Help was at hand and he
should have requested it. The airline argued that
It is also necessary to consider if the physical it insisted that two people should carry out the
effort is too strenuous, can only be achieved by a task of manoeuvring the steps. While the judge
twisting movement of the truck, is likely to result in accepted that the airline had provided training and
the sudden movement of the load or be made with required two people to carry out the manoeuvre,
the body in an unstable position. he said that on this occasion the standard set was
not followed in practice. He awarded the worker
It is necessary to understand the nature of the €40,000 damages.
task being carried out, to understand the range
of the risks and put in place appropriate control Where training is provided and it should be
measures to manage the risks. provided, the training should be delivered by a
QQI/FETAC Level 6 qualified manual handling
The checklist in the HSA’s Safety Toolkit instructor. The training programme should meet
and Short Guide to the General Application the requirements set out in the HSA’s Manual
Regulations 2007 Manual Handling offers users Handling Training System 2010. Visit: http://
a very useful guide to risk assessment. Visit page www.hsa.ie/eng/Publications_and_Forms/
45 of the Toolkit at: http://www.hsa.ie/eng/ Publications/Manual_Handling_and_
Publications_and_Forms/Publications/Retail/ Musculoskeletal_Disorders/Guidance_on_the_
Gen_Apps_Toolkit_Small_Business_Edition.pdf Manual_Handling_Training_System_-_2010_
revision.html. The HSA’s view is that in order for
Training training to be adequate and appropriate it needs
Having carried out the risk assessment and to meet the standards of the system.
decided that manual handling cannot be
The aids can vary and would include trolleys, MANUAL HANDLING GUIDANCE
vacuum lifting equipment and transport
accessories to eliminate or, if that is not possible, HSA guidance
reduce manual handling activity. The HSA has published an extensive range of manual
handling guidance materials. Visit: http://www.hsa.ie/
Two recent High Court judgments – the judgments eng/Workplace_Health/Manual_Handling/Manual_
in the Barry and Meus cases – highlight the Handling_Guidance_Documents/
importance of risk assessment, relevant task-
specific training, the limitations of video training, This section details all guidance published by
the need to train workers in a language they the Health and Safety Authority which relates to
understand and the importance of post-training Manual Handling and Ergonomics:
supervision. For employees, the judgment in the • Guidance on the Prevention and Management
Barry case, in which the injured worker was held of Musco-Skeletal Disorders in the
to be one-third responsible for the injuries she Workplace.
suffered, highlights the importance of saying no
when asked to perform unsafe tasks. • Reducing the Manual Handling of Roof
Panels.
For employers there are a number of messages • Guidance on Manual Handling Risk.
from the judiciary in the two judgments: Assessment in the Manufacturing Sector.
• Risk assessments must be task-specific. • An Introduction to the Management of
• Training must be adequate to enable an Manual Handling in Construction.
employee to perform his/her duties safely, • Guidance on the Management of Manual
with the training comparable to the task to be Handling in Healthcare.
performed.
• Guide on the Manual Handling Training
• DVDs and slideshows, while a useful training System - 2010 Revision.
tool, must be relevant to the task to be
• Guide on Manual Handling Risk Assessment
performed.
in the Hospitality Sector.
• Training must be delivered in a form, language
• Guide on Manual Handling Risk Assessment
and manner that the employee (person being
in the Retail Sector.
trained) understands.
• Training must be followed up by supervision • Guide to the Safety, Health and Welfare
to ensure the employee is using the correct at Work (General Application) Regulations
manual handling techniques. 2007. Chapter 4 of Part 2: Manual Handling
of Loads.
• There is no point in managers offering help if
that puts them at risk, as that is not a solution • Management of Manual Handling in the
to the problem. Workplace.
Other relevant guidance includes: include drivers’ cabs or control cabs for vehicles or
• Patient Hoist. machinery, computer systems on board a means
of transport, computer systems mainly intended for
• Guidance on the Prevention of Upper Limb public use, calculators, cash registers or traditional
Disorders in the Financial Services Sector. typewriters.
DISPLAY SCREEN EQUIPMENT (DSE) It is commonly accepted that DSEs cause health
problems. The HSA’s Guide to the Safety, Health
Very few people talk about working with display and Welfare at Work (General Application)
screen equipment DSE). Mostly people talk about Regulations 2007 Chapter 5 of Part 2: Display
their computers, laptops or iPads. People used to Screen Equipment mentions health conditions
talk about VDUs (visual display units) but that is a associated with the use of DSE: upper limb pains
term that seems to fallen by the wayside. The term and discomfort (WRULDs), the effects on eyes,
used in the regulations is display screen equipment. fatigue and stress.
Display screen equipment is defined in the The best information available on the health
regulations as any alphanumeric or graphic display effects of using DSE is an HSE-GB research
screen, regardless of the display process involved report Better Display Screen Equipment (DSE)
(regulation 70, General Application (Display Screen work-related ill health data. The survey found that:
Equipment) Regulations 2007). The definition is • 73% of respondents reported one or more
linked to the workstation, which is defined (also musculoskeletal symptoms.
in regulation 70) as including the assembly that
• The 12 month prevalence for individual
goes with computers: screens, keyboards, diskette
symptoms ranged from 12% for elbow and
drives, phones, modems, printers, work chairs,
forearm to 47% for neck symptoms.
desks, document holders, the work surface and the
immediate working environment. • Slightly over half reported symptoms
affecting the head or eyes.
So when we talk about DSEs that is what we • Symptoms were reported more frequently by
are talking about. Specifically, DSE does not women than men.
HSA guidance
Guide to the Safety, Health and Welfare at
Work (General Application) Regulations 2007
Chapter 5 of Part 2: Display Screen Equipment
http://www.hsa.ie/eng/Publications_and_Forms/
Publications/General_Application_Regulations/
Display_Screen.pdf
The duties of employers in relation to explosive The regulations specifiy six different types of
atmospheres are set out in the General zones. There are three categories for gases and
Application Regulations (Explosive Atmospheres three for dusts. These are:
at Places of Work) Regulations 2007 (for a
summary of the regulations see chapter 2). The Zone Classification for Gases
Regulations are sometimes referred to as the
ATEX Regulations. Zone 0 That part of a hazardous area in which
a flammable atmosphere is continually
What is ATEX? It is the name commonly given to present or present for long periods.
two European Directives for controlling explosive
Zone 1 That part of a hazardous area in which a
atmospheres:
flammable atmosphere is likely to occur
• The ATEX 137 Directive, also known as the in normal operation.
ATEX Workplace Directive (Directive 99/93/
Zone 2 That part of a hazardous area in which
EC), which sets out the EU-wide minimum
a flammable atmosphere is not likely
requirements for improving the health and
to occur in normal operation and, if it
safety of workers potentially at risk from
occurs, will exist for a short period.
explosive atmospheres.
• The ATEX 95 Directive, also known as the Any area that is not classified as Zone 0, 1 or 2
ATEX Equipment Directive (Directive 94/9/ is deemed to be non-hazardous, as flammable
EC), sets out the minimum standards for atmospheres are not expected to be present.
equipment and protective systems intended Special precautions for the construction and
for use in potentially explosive atmospheres. use of electrical apparatus or for the control of
non-electrical ignition sources are therefore not
required, although such an area may still be part of
IDENTIFICATION AND RISK a greater restricted area.
ASSESSMENT
The zoning above does not cover areas where
The basic principles of health and safety practice combustible dusts may be present but a three-
as required by the SHWW Act 2005 apply: identify zone approach (Zones 20, 21 and 22) has now
if explosive atmospheres are a hazard at the place also been adopted for dusts.
of work and carry out a risk assessment.
FURTHER INFORMATION/RESOURCES
HSA guidance
Guide to the Safety, Health and Welfare at Work
(General Application) Regulations 2007: Part 8
– Explosive Atmospheres at Work
http://www.hsa.ie/eng/Publications_and_Forms/
Publications/Retail/Gen_Apps_Explosive_
Atmospheres.pdf
HSE-GB guidance
ATEX and explosive atmospheres
http://www.hse.gov.uk/fireandexplosion/atex.htm
By sector
Construction 65 48 48 161
Manufacturing 63 47 50 160
Wholesale/retail 31 38 40 109
Transport/Storage 22 32 47 92
Public Administration/Defence 25 31 38 94
Healthcare/Social Work 35 27 25 87
construction industry regard must be had to the As can be seen from the cases below falling objects
Construction Regulations 2013. The Construction can kill. Though not in the top five categories of
Regulations are summarised in Chapter 3, but reported accidents, a significant number of accidents
when working at height one is only concerned with reported each year because of falling objects.
certain aspects of the regulations. For example
do scaffolders or others working at height hold Among the causes of such accidents are:
relevant construction skills certification scheme • Poorly loaded materials.
cards (CSCS).
• Materials left lying around carelessly.
The law requires employers to identify the hazards. • Unsafe systems of stacking.
Ask is work at height a risk in this workplace and • The use of incorrect or damaged pallets.
if it is assess the risks. The put in place prevention
measures to eliminate or if that is not possible Falling objects is not just an issue for the
minimise the risk. construction industry. Other sectors prone to
accidents caused by falling objects are wholesale/
retail, transporation/storage and mining/quarrying.
PREVENTION
family said he estimated that on full liability the in a fixed workplace, the approach of the safety
case would be valued in the region of €420,000. representative may be different.
However because the deceased worked in a
supervisory role there was a question of contributory On a construction site the safety representative
negligence and the settlement offered represented will have to liaise with the main contractor, various
the least possible reduction allowing for contributory subcontractors and perhaps with other safety
negligence. The judge approved the offer. representatives.
The company pleaded guilty to charges under Work at Height/Falling Objects Information Sheet
the Construction Regulations 2001, of failing to: http://www.hsa.ie/eng/Vehicles_at_Work/
take appropriate precautions to protect persons Workplace_Transport_Safety/Managing_
present or in the vicinity of a construction site (Reg Workplace_Transport/Work_at_height.pdf
15.3); have a covered passageway so that danger
would be prevented (Reg 16.1.d); and as project
supervisor construction stage to make adjustments Irish Safety at Height Association
to the safety and health plan for the site (Reg 6.1).
The Irish Safety at Height Association has published
a number of guides to working safely at height. To
THE ROLE OF THE SAFETY download any of the guides visit www.isha.ie and
REPRESENTATIVE click onto the title of the publication below:
While working at height is a cross sectoral issue, it is Safe Work at Height - Roofs
a particular issue on construction sites. Depending Safe Work at Height - Projects Involving Works
on whether the work is on a construction site or to an Existing Roof
HSE-GB guidance
CHAPTER 27:
FIRE Table 27.1: Workplace fires attended by
fire brigades in 2009-2011* (continued)
Hospitals 33 42 41
INTRODUCTION
Ships/aircraft 46 37 41
Fire is a hazard and poses a significant risk Offices 42 41 35
in workplaces. The extent of the risk can be Restaurants 36 25 25
assessed by an analysis of the fire safety statistics Petrol stations/garages 39 40 24
published by the Department of Environment,
Community and Local Government every year. Dancehalls/discos/
cinemas/theatres 23 11 14
Every year there are fires in about 1,800 workplaces. Chemical plants 8 1 2
Every year people die in fires – 38 in 2010 and
28 in 2011 – but very few die in workplace fires: Source: Fire Services Statistics for 2011 published on
two people in three years. The statistics do not give the Department of the Environment, Community and
details of the number of people injured in workplace Local Government website
fires. In the UK, figures published by the HSE-GB * Ranked by reference to 2011 figures
there show that fire and explosion account for about
2% of all major injuries reported the HSE-GB.
As can be seen from the figures in Table 27.1 Because fire is a hazard and poses risk in
below, a wide variety of workplaces suffer fires. workplaces, employers must assess the risk and
Though the figures do not link cause to place, it is put in place measures to prevent and, if prevention
worth noting that in 2011, the last year for which is not 100% possible, control fires.
figures are available, 214 fires were caused by
electrical equipment, 316 by other equipment, 136
by electrical wiring installations and 17 by explosions. PREVENTION
Sources of ignition or heat include heaters, So what can employers do to prevent fires?
lighting, naked flames, electrical equipment, Employers can:
smokers’ materials (matches, lighters, cigarettes) • Control sources of ignition (heat).
and anything else that that can get very hot or
cause sparks. Work processes can be a source of • Inspect and clean chimneys regularly.
ignition or heat. In a workplace setting, soldering • Ensure cooking appliances when in use are
equipment can cause sparks. Cooking involves always attended.
heat and there are very few workplaces where
• Ensure that smoking areas are away from
there is not some form of cooking, even if it is
flammable materials.
only boiling a kettle for elevenses. Boiling a kettle
suggests another source of ignition. Is the wiring • Ensure that work equipment is protected
of the electrical kettle worn? In any building, worn against overheating.
electrical wiring can be a source of ignition. Dust • Have electrical equipment checked regularly
can be another source. Human behaviour, such as by a competent person to ensure worn parts
using a mobile phone while filling up the tank of are replaced or, if required, that the equipment
car or truck with fuel, can be a source of ignition. is removed from service.
Sources of fuel include heating materials (oil, gas), • Ensure that all heat-producing equipment,
wood, paper, plastic, rubber, foam, loose packaging such as boilers, heat exchangers, ovens,
materials, waste rubbish and furniture. stoves and fryers are properly cleaned and
maintained.
The air around us provides the oxygen. The • Only allow hot work where there is no
air about us contains 21% oxygen. However, satisfactory alternative.
the air about us is not the sole source of
• Have a hot work permit system.
oxygen in the workplace. Oxygen gas is used
in welding, flame cutting, for helping people • Provide employees with information and
with breathing difficulties, in decompression training so that they can alert their employer
chambers, for food preparation and to potential dangers.
packaging, in steelworks and chemical plants. • Identify all flammable materials in the
workplaces.
It is impossible to envisage a workplace where
• Where the use of flammable materials cannot
the risk of fire does not exist. All employers must
be eliminated, store away from sources of
carry out a fire risk assessment and keep it up-
ignition and provide safe storage areas.
to-date. A fire risk assessment can be carried
out as part of an overall risk assessment or as a • Train employees on the use, handling and
separate exercise. The risk assessment must be storage of flammable materials.
documented. • Ensure premises are thoroughly cleaned
periodically and dust is not allowed to
Based on the findings of the risk assessment, accumulate.
employers need to ensure that adequate and
appropriate fire safety measures are in place to • Ensure passageways are kept clear of
eliminate the risks and, if that is not reasonably obstructions and materials that could aid
practicable, to minimise the risk. ignition or the spread of fire.
• Fit the workplace with fire suppression
Quite a number of risks can be eliminated. For equipment, such as sprinklers.
example, there is no need to store paper near
electric heaters. Another example is to ensure Employers can compartmentalise buildings.
heaters cannot be knocked over. Other risks Compartmentalisation may not prevent fires
can be minimised. For example, in kitchens fire occurring but it can minimise the risk of fire
blankets can be at hand to quench flames. spreading.
YES NO
Is a fire detection and alarm system installed?
Can the fire detection system discover a fire quickly enough to raise an alarm for
all occupants to escape to a safe place?
Can the warnings given be heard clearly and understood throughout the building?
YES NO
If the detection system is electronically powered, is there a back-up power supply?
Have employees been instructed on how to operate the system and action to
be taken on hearing the warning?
Has the fire detection system and warning arrangements been included in
your emergency plan?
If an automatic fire detection system and a while there is still a serious and imminent danger.
manually operated electrical alarm system are Specifically, employers must ensure that
installed in the same workplace, they should employees who leave a place of work because of
normally be incorporated into a single integral a serious and imminent danger are not penalised
system. Voice evacuation systems should be (SHWW Act 2005, section 11.3.b).
similarly integrated to prevent confusion.
Fire fighting equipment
Employers must consider how the workplace will
EVACUATION be evacuated in the event of fire. The evacuation
plan should be developed in the light of the
Employers are required to prepare plans and information from the risk assessment and in the
procedures to be followed in the event of an context of other fire precautions that are in place.
emergency or serious and imminent danger
(SHWW Act 2005, section 8.2.j). The plans and Those other precautions may include fire fighting
procedures should be revised as necessary. More equipment, such as fire extinguishers, fire blankets
particularly, employers are required to provide and more advanced fire suppression systems
necessary measures for first-aid, fire-fighting intended to be used in the event of a fire. Such
and the evacuation of employees, arrange any equipment must be suitable to the risks. Staff need
necessary contacts with emergency services, to be trained and instructed in its proper use.
designate employees to implement the plans and
ensure that the number of designated employees In selecting fire fighting equipment, consideration
and their training and equipment are adequate, needs to be given to the work activity carried on
taking account of both the size and specific hazards and to the nature and size of the workplace. Such
of the workplace (SHWW Act 2005, section11). equipment should be checked regularly, maintained
and serviced in accordance with manufacturers’
In the event of an emergency, such as a fire, guidance by a competent person. A record should
employers are required (SHWW Act 2005, section be kept.
11) as soon as possible to inform employees of
the risks and the steps taken or to be taken to The escape route
protect them – and refrain (except in exceptional Once a fire has been discovered and a warning given,
cases for reasons specified in the plans) from the premises should be evacuated. Once workers and
requiring employees to carry out or resume work others at the workplace are aware of the fire, they
should be able to proceed safely along a recognisable the Act requiring employers to provide information
escape route to a safe place at a pre-selected (section 9) and training and supervision (section 10)
assembly point and remain there until the fire marshal are relevant in relation to fire safety.
has accounted for all employees and visitors.
Then there are specific provisions in the SHWW
The escape route should be clearly identified and Act 2005, the General Application Regulations
kept clear at all times. The escape route needs to 2007 and the Construction Regulations 2006.
be sufficiently illuminated to allow a safe exit in
the event of a power failure during an emergency SHWW Act 2005: section 11
evacuation, by an emergency lighting system. The Requires employers to prepare and revise adequate
assembly point should be outside the building and emergency plans and to provide measures for
a safe distance from it. fire fighting and the evacuation of the workplace.
Consideration must also be given to the safety of
persons other than employees (Section 12).
LEGISLATION
General Application Regulations 2007:
While fire is an occupational health and safety regulation 13
hazard and risk, the Fire Services Act 1981, as Employers are required to ensure that workplaces
amended by the Licensing of Indoor Events Act are equipped with appropriate fire-fighting
2003, is the principal Act which deals specifically equipment, fire detectors and alarm systems which
with fire safety, including fire safety at work. As the take account of the dimensions and use of the
HSA states the main responsibility for fire safety building, equipment, the physical and chemical
rests with local authorities. The Authority has a role characteristics of substances present and the
in monitoring employers’ management of fire risk. maximum number of persons likely to be present.
Fire detection and fighting equipment should be
As we have seen, the Building Control inspected and maintained to ensure it is in working
Regulations 1997-2013, which are also order and serviced by a competent person.
administered and enforced by local authorities,
need to be considered when planning emergency General Application Regulations 2007:
evacuation routes. The Regulations provide, regulation 12
among other things, for a system of Fire Safety Employers are required to ensure that emergency
Certificates to show that building designs comply routes and exits are kept clear and are free from
with fire safety requirements. Developers of every obstruction, so that in the event of danger it is
new buildings, are required to obtain a Fire Safety possible for employees to evacuate as quickly and
Certificate. Developers’ plans are inspected by safely as possible.
senior fire services staff, who ensure that adequate
escape facilities are present and that the building General Application Regulations 2007:
is designed in a way that prevents and limits the schedule 9
spread of a fire. If they are satisfied, a certificate is Safety signs for escape routes and fire-fighting
then issued by the building control authority. equipment are illustrated in schedule 9, parts D
and E of the General Application Regulations.
Health and safety legislation related
to fire
There are two aspects to fire-related health and
safety legislation. There are the general provisions
of the SHWW Act 2005, which require employers
to ensure, in so far as reasonably practicable, the
safety, health and welfare of their employees and
to plan for emergencies (section 8) and to carry out
risk assessments (section 19). The provisions of
CHAPTER 28:
LONE WORKING Table 28.1: Non-exhaustive list of
occupations involving lone working
Bus drivers
LONE WORKING OVERVIEW Community health workers
Electrical and telephonic engineers working
The HSA defines lone workers as those who in isolated locations
work by themselves without close or direct Estate agents
supervision. Anybody who works alone, including
Farm workers
contractors, self-employed people and employees,
is classified as a lone worker. Forestry workers
Home workers
There are no figures for the number of people Insurance agents
who could be classified as lone workers, but it Meter readers
is possible to draw up a long list of occupations Park rangers
where lone working is the norm. Examples include
Pest controllers
bus drivers, public health/community nurses and
Public health/community nurse
postal delivery workers. Historically, farm workers
would not have been regarded as lone workers Rent collectors
but with the reduction in agricultural employment Sales representatives
and changes in farming work practices, most farm Security personnel
work is now carried out alone. Workers in confined spaces
As pointed out in an article in Health & Safety The literature on the issue identifies two principal
Review in 2001, historically lone working was a risks facing lone workers as:
low profile health and safety issue. At the time 1) Attack by another person: intruders or
the standard health and safety textbooks and members of the public.
even the International Labour Organisation’s 2) Falling ill or suffering an accident.
Encyclopaedia of Occupational Safety and
Health did not consider the issue of lone working.
The event that probably brought the issue to LAW ON LONE WORKING
the public’s attention was the Suzy Lamplugh
case. In the late 1980s Ms Lamplugh, an estate There is no specific reference to lone working
agent, went missing when showing a prospective in legislation. Lone working is not prohibited by
purchaser a house. Following Ms Lamplug’s legislation. However, there is an indirect reference.
disappearance her mother set up an organisation, As the HSA points out in its guidance on lone
the Suzy Lamplug Trust, which has done a work (http://www.hsa.ie/eng/Topics/Hazards/
considerable amount of work raising awareness Lone_Workers/), employers are required by
of the dangers of working alone. section 19 of the SHWW Act 2005 to carry out
assessments of risk to the safety, health and
welfare of employees, including the welfare of any fumigation works, there are restrictions on lone
single employee who may be exposed to unusual working.
or other risks.
A review of the case law on work-related
In relation to specific tasks, such as diving accidents highlights some of the risks facing lone
operations, vehicles carrying explosives and workers.
Painter in factory
Though about safe systems of work, the case of McSweeney v J S McCarthy offers a typical example
of how a worker can become a lone worker during the course of work. In that case McSweeney, a
painter, was working on his own away from his foreman. When he could not find the foreman and he
needed to move his ladder to continue painting, he moved it on his own and propped it up, unsecured,
at the place where he needed it. As he climbed and tried to reach some ducting, the ladder slipped and
he fell to the ground. He sustained serious injuries. The Supreme Court held that while McSweeney
was 40% responsible for the accident, his employer was 60% responsible. The case was referred back
to the High Court to assess damages. (McSweeney v J S McCarthy)
As no personal alarm system was in use, if there was an emergency the security officers had to be
contacted by telephone. Access to the hospital was unrestricted and uncontrolled and while there were
some panic buttons, there were none in the high risk accident and emergency area. Arising from the
investigation, the HSA prosecuted the Southern Health Board (the operators of the hospital) for failing
to provide a safe place of work for its staff (s6 SHWW Act 1989) and under s12 of the SHWW Act
1989 for not comprehensively dealing with the issue of staff safety in the safety statement. The Board
pleaded guilty and the judge imposed the Probation Act. This was, the HSA stated, the first time a
prosecution had been brought on the issue of violence at work. (HSA v Southern Health Board)
coal and the youth left. However, the youth returned almost immediately and said there was a rip in
the plastic coal bag. When the petrol pump attendant turned his back to get a replacement bag he
felt an “unmerciful crack” on his head. The youth then struck him a second time, grabbed money and
ran off. The petrol station attendant told the court that he chased the youth across the forecourt but
he disappeared into a housing estate. This was, the court heard, the third time he had been attacked
since he started working in the station. The first attack took place in daylight, when two men in
balaclavas came into the shop and put a knife to his throat and ordered him to open the till. The
second attack occurred one evening as he was locking up the premises at 10pm. Two men ran at
him, but he jumped into his car. As he drove off, one of the men leaped on the bonnet and the other
threw an iron bar, which hit the car. After both incidents, he spoke to the owner of the petrol station.
On the first occasion, the owner told him to get a big stick or a hurley and beat them with it if they
come around again. The owner repeated this advice after the second incident. The attendant gave
evidence that there were no CCTV cameras on the premises and that he had, at night, to open the
door to sell coal or turf or complete credit card transactions. Delivering judgment, Judge Smithwick
said that while the petrol station owner could not ensure the absolute safety of his employees, he
had a duty of care of his staff. Awarding the injured attendant €12,650 compensation, he said the
employer should have installed CCTV. It would, he said, be a deterrent to assailants. It was not, he
added, up to employees to offer solutions. (Barry v Thomas Farrell & Sons Garages)
RISKS AND CONTROLS law and standards that may apply to the specific
activity. Employers need to consider if the activity
Lone working is a recognised health and safety can be safely undertaken by a lone worker.
hazard, which means when employers are drawing Among the questions the employer should ask
up safety statements, they must consider if it and answer are:
is a hazard that affects their workplace. If it is • Does the workplace present a special risk to
considered a hazard at a particular workplace, the a lone worker?
employer must then assess the risk and put in • Is there a safe way in and out (access and
place control measures. egress)?
• Can plant and equipment in the work area be
While, as has been noted, there is no information
handled safely by a lone worker?
on the numbers of workers who work alone, the
non-exhaustive list of occupations suggests, and • Is there a risk of violence?
the cases in Table 28.2 of Case Law confirm, there • Are women and young workers especially at
will be very few workplaces where working alone risk if working alone?
is not a hazard. The HSA, in its webpage guidance • Is the lone worker medically fit?
(http://www.hsa.ie/eng/Topics/Hazards/Lone_ • What training is required?
Workers/), discuses risk and control measures.
• How will the person be supervised?
The HSA advises that where a risk assessment • What provisions are in place in the case of an
shows there is a risk to lone workers, measures emergency?
must be taken to eliminate the risk if possible and • How do we monitor and communicate with
if that is not possible, to minimise it. the lone worker?
When establishing safe working arrangements Having considered these questions and decided it
for lone workers, employers need to know the is safe to proceed with the work, control measures
issues and decided that homeworking is a feasible a situation, has the employee been trained to
option, the health and safety implications must be appreciate the importance of MSDS (Material
considered before making the final decision. There Safety Data Sheets)?
are two useful sources of guidance on the health
and safety issues: the HSE-GB’s guidance booklet The other aspect that is very important is checking
and also ILO’s Encyclopaedia of Occupational equipment. This should be done professionally. For
Health and Safety. Scattered throughout the example, the checking of electrical installations
Encyclopaedia are many useful pointers to the should always be done by a qualified electrician.
issues surrounding homeworking.
The starting point when considering the health THE ROLE OF SAFETY
and safety implications of homeworking is to carry REPRESENTATIVES
out a risk assessment to: identify the hazards;
then assess the risk; then decide on the control Safety representatives need to be informed
measures. about the hazards and risks of lone working
and homeworking. Safety representative
The first stage in the risk assessment will be training courses should cover the issues. Safety
an inspection of the employee’s house/flat. representatives need to be educated to discuss
Among the issues to be considered when a risk the issues with employers.
assessment is being carried out are:
• work space dimension In organisations where there are lone workers,
have the workers and their safety representatives
• work station and equipment - desk, table, been consulted about the type of work to be
chair, VDU/DSE, trailing wires undertaken and the hazards and risks involved?
• lighting Safety representatives can make the concerns
of lone workers and homeworkers known to the
• electrical fittings
employer and initiate discussions on how to deal
• are harmful substances used? with such concerns.
• are additional fire precautions required?
• provision of first aid kit
RESOURCES/FURTHER INFORMATION
• access/egress - work-related visitors, post
delivery The principal source of guidance for safety
• manual handling - will heavy loads be representatives is the HSA’s webpage http://www.
delivered, need for trolleys and steps? hsa.ie/eng/Topics/Hazards/Lone_Workers/.
• is the employee psychologically suited to Also, the Authority has published a guide for the
work from home? healthcare sector, Guidance on Lone Working in
• pregnancy. the Healthcare Sector, which can be accessed at:
http://www.hsa.ie/eng/Publications_and_Forms/
One point of advice in the HSE-GB guidelines Publications/Healthcare_Sector/Guidance_on_
that should be considered cautiously is that Lone_Working_in_the_Healthcare_Sector.pdf
employers are only liable for injury or damage
caused by substances and materials that they The HSE-GB’s Working Alone: health and safety
supply. However, if the homeworker has to guidance on the risks of lone working is another
procure supplies in order to do the job – say useful reference guide. Visit: http://www.hse.gov.
printing ink – then the employer could also be uk/pubns/indg73.htm.
liable if the worker bought an incorrect substance
and the employer had not given advice on Another source of information is the Suzy Lamplug
suitable products and how to use them. In such Trust: http://www.suzylamplugh.org/about-us/
found that the majority of trip accidents are To download the leaflet, visit: http://www.hsa.
caused by obstructions in walkways. The rest are ie/eng/Publications_and_Forms/Publications/
caused by uneven surfaces. Safety_and_Health_Management/Get_a_Grip.pdf
An analysis of accidents in the retail sector found The starting point for the risk assessment is to
that half of slip, trip, fall accidents occurred when consider the risks in the workplace that could result
cleaning spills. In one-third of floor cleaning in a slip or trip accident and to decide on what
accidents, a warning sign was in place. control measures can be put in place to eliminate
the possibility of such accidents or, if that is not
possible, to minimise the possibility. When carrying
PREVENTION OF SLIP, TRIP, FALL out a risk assessment, the employer should consult
ACCIDENTS the safety representative and his employees.
Clearly slips, trips and falls are a potential hazard The risks will depend on the workplace, but any risk
in all workplaces, as the figures quoted above assessment should cover the following elements:
conclusively demonstrate. Having identified the
• Flooring
hazard, the key to prevention is risk assessment,
but as has been seen above, no risk assessment • Stairs
has been carried out in over one-fifth of • Footwear
workplaces.
• Obstructions on floors and in walkway
Taking it that a slip or a trip can cause a fall, a • Cleaning
risk assessment model can be built around the • Contamination.
elements of the HSE-GB’s ‘Slip Potential Model’
and the causes of trip accidents identified by both Among the measures employers can take to
the HSA and the HSE-GB. prevent slip, trip and fall accidents are:
The HSA, in a short four page leaflet guide, Get • Stopping floors becoming contaminated.
a grip – slips, trips & falls, sets out, built around • Using the correct cleaning methods.
the acronym ‘SHOES’, five key preventative action
• Consideration of the flooring and work
points:
environment: is the floor surface suitable for
• Spills the work being performed and is lighting good?
• High risk areas • Wearing the right footwear: is the footwear
• Over-used signs worn suitable with adequate slip resistance
for the floor surface in the work area and the
• Environmental cleanliness type of work?
• Shoes. • Considering people and organisational factors.
Cleaning YES NO
Is there a spill clean policy?
Are warning signs put out when floors are being cleaned?
Are warning signs removed when floor is dry?
Can cleaning equipment leads be easily seen and are they cordoned off?
Are floors wet cleaned at times when there is little or no pedestrian traffic?
As far as possible is access to wet floors restricted by, for example, the use of a
cordon system?
THE LAW: LEGISLATION and CASE LAW that floors are, in so far as reasonably practicable,
Employers are required by the SHWW Act 2005 not slippery.
(section 8 and 19) to identify slip, trip and fall
hazards, to carry out a risk assessment and put in Escalators and travelators: regulation 15
place control measures. Apart from those duties Escalators and travelators should function safely,
there are a number of specific provisions in the be equipped with safety devices and be fitted with
General Application Regulations 2007 and the emergency shutdown devices.
Construction Regulations 2013 that are relevant
when considering slip, trip and fall hazards. Loading bays and ramps: regulation 16
Loading ramps should be, in so far as reasonably
practicable, safe enough to prevent employees
General Application Regulations 2007 from falling.
Table 29.2: Slip, trip and fall employer liability cases continued
Wet floor
A court heard that there had been a deluge of rain and water had leaked through a roof onto the
top floor of a hospital. A midwife slipped on the wet floor. As a result of the fall, she suffered a wrist
injury and her right knee and hip were also sore. She was awarded damages of €48,820. (Rose v
HSE South East Area: High Court, 2013)
Icy steps
A physiotherapist, who sustained serious muscle injuries to her lower back, was awarded damages
of €1m. The court heard that the physiotherapist, who worked in Baggot Street Community Hospital
in Dublin, noticed an elderly lady on the steps and went to warn her of the dangerous conditions
because of snow and ice. As she did so she slipped, fell and hit off a number of steps. She suffered
severe injuries and will, the court heard, require lifetime support for pain and will be unable to work
as a physiotherapist.
The court also heard that before the accident, a security guard who was concerned about the state
of the steps went to a shop to buy rock salt, but it was sold out. Another security guard tried to clear
the ice and snow with boiling water. The security guards placed warning signs in the area. Later in
the day, the steps were gritted.
Delivering judgment, the judge said legislation places an onus on employers to ensure all exits and
entrances should be kept clear. The employer had, the judge said, failed in its duty of care. (Ikram v
HSE: High Court, 2014)
Construction Regulations 2013 illustrative of the types of claims, the safety issues
and the levels of compensation awarded (see
Lighting of work areas Table 29.2).
Contractors are required to ensure that
workplaces are adequately and suitably lit, with
particular reference to falls where there are THE ROLE OF THE SAFETY
dangerous openings at work. REPRESENTATIVE
FURTHER INFORMATION/RESOURCES
The HSA’s slips, trips, falls webpages, which are
the gateway to a range of guidance documents
and advice, can be accessed at: http://www.hsa.ie/
eng/Topics/Slips_Trips_Falls/
Stress is not defined in legislation, so we have to Even though the European Framework Agreement
look to authoritative guidance and case law for a on Work-related Stress specifically states that
definition, or rather definitions. As noted above, the violence and harassment did not come within the
scope of the Agreement, violence and harassment • Cognitive: the way we think and concentrate.
were identified as causes of workplace stress in
some countries. The effects differ from person to person.
If pressure is prolonged, too frequent or out of
A survey by the Irish Bank Officials Association control, physical ill-health problems may develop,
(IBOA) published in 2014 identified increased such as: appetite loss; comfort eating; weight gain
workloads, demands to meet unrealistic targets or loss; indigestion or heartburn; constipation or
and abuse by customers as among the factors diarrhoea; sleeplessness; sweat bouts; headaches;
causing workplace stress. back pain; nausea; breathlessness; fainting spells;
impotence/frigidity; fatigue and eczema.
The HSA Guide states that there are different
underlying causes and triggers of work-related stress Stress can also cause emotional and mental health
for everyone. However, according to the Guide, some problems. Psychological conditions triggered by
workplace factors are more likely to lead to stress prolonged stress include: fatigue; anxiety; panic
than others. These include badly designed shift work, attacks; depression; hostility and aggression;
poor communications and poor or even non-existent psychosomatic complaints and neuroses.
systems for dealing with bullying and harassment.
In a guide for employees, Work-Related Stress The symptoms can be: irritability; indecision;
Information Sheet for Employees, the HSA makes suppressed anger; loss of concentration; inability
the point that it is important to accept that most to complete one task before starting another;
causes of stress are in our personal lives, but also feelings of paranoia; feelings of inadequacy;
that there are aspects of work that are more likely to tearfulness at minor problems; lack of interest
lead to stress than others. in people and things outside work; and constant
tiredness and a feeling that sleep does no good.
The causes of occupational stress identified
by occupational physicians reporting to the Short-term symptoms can develop into much
THOR scheme record that the most frequently more serious long-term ill-health conditions, such
cited factor associated with such illnesses was as hypertension (high blood pressure); coronary
factors intrinsic to the job. These factors included thrombosis (heart attack), strokes, digestive
workload, travel, and organisational factors. Next problems, lowered resistance to infections,
on the list of precipitating events was interpersonal chronic asthma, chronic dermatitis and a possible
relationships at 39%, which included 61 cases of increased risk of cancer.
bullying. Other precipitating events were traumatic
events at 24%, which included assaults at work, Stress is also linked with health-damaging habits,
verbal abuse, witnessing suicides on railway tracks such as smoking, over-consumption of alcohol
and changes at work at 4%. and escapist eating, all of which are associated
with other diseases. The coping mechanisms that
people use to deal with stress, such as smoking,
THE EFFECTS OF WORK-RELATED over-consumption of alcohol and comfort eating,
STRESS can themselves lead to ill-health.
members of the EU €20bn a year. Based on work as a result of stress, depression or anxiety. Of the
by researchers, it was calculated that 10% of 11,428 OIB admitted as being valid, 350 were as
work-related illness was stress-related. a result of stress. The THOR figures, which are
drawn from reports to the reporting network by
In Britain, research by the Sainsbury Centre for occupational physicians, show that over the period
Mental Health (published in 2007) found that the from 2007-2013 mental health cases, at 572 out
overall cost to British employers of stress, anxiety of 1,117, topped the list of occupational illness. Of
and depression was £1,035 per year. Factors the 190 cases reported in 2013, 50 were mental
in the cost to employers were absenteeism, health-related.
presenteeism and staff turnover.
work rate and to reduce the effect of this work on Mr Walker was a social worker with
health. This, he writes indicates the need to design Northumberland County Council. He had an
working methods with the view to avoiding the enormous workload. He suffered a stress-
impact of the known stressors set out in General induced nervous breakdown and took three
Principle 4. These duties clearly include behaviour months off work. When he returned to work, he
which would be regarded as coming within the was promised his workload would be reduced.
definition of stress. However, it was not and he suffered a second
nervous breakdown.
Mr Byrne also points out the relevance of the
Organisation of Working Time Act 1997, in relation He sued his employer. The English High Court
to hours worked, which protects workers from the accepted the argument that his employer owed
risks associated with long hours of work. Mr Walker a duty of care to prevent harmful stress
and was in breach of that duty. The court awarded
Case law him damages of £200,000. The Council appealed
the case, but settled before the appeal was heard.
Raymond Byrne writes that since the 1980s
there has been a growing emphasis on the Quinn v Servier Laboratories:
need for employers to focus on managing High Court (1999)
psychological illnesses of employees arising from The first Irish case to come before the courts was
what is usually described as stress at work. Much Quinn v Servier Laboratories, five years after
of this was, he writes, in reaction to a series of the Walker case. In 1999 Mr Quinn, a salesman,
civil claims seeking compensation for stress- brought a case against his employer, Servier
related illnesses. Laboratories. The case opened in the High
Court. Mr Quinn claimed he suffered two nervous
The landmark case, which expanded the common breakdowns due to work overload.
law doctrine of employer’s liability and established
the right of workers who suffered a psychological The first breakdown occurred after his sales
injury to recover damages was the Walker v territory was expanded. Mr Quinn’s doctor gave
Northumberland County Council case. Since evidence that the because of work pressure, Mr
then, an extensive body of case law has been Quinn suffered severe depression. When Mr Quinn
built up. Though an English case, the case set the returned to work he was given a new assignment,
precedent which has been followed in Ireland. visiting 450 general practitioners and calling on
county hospitals in the North-East. His doctor told
Since the Walker case there has been a number the court that the work his patient was given was
of stress cases. The cases discussed below, contrary to what the doctor recommended in a
whether Irish or English, are ones that are letter to the company. Mr Quinn collapsed again.
significant in terms of setting legal precedent. He sued his employer and the case was settled
Often when the case law on stress is discussed, during the hearing. It was reported at the time that
cases that involved bullying, which can be a cause the settlement was for a six-figure sum.
of stress, are mentioned. Cases taken because of
bullying are discussed in Chapter 20. The Hatton principles: English Court of
Appeal (2002)
Walker v Northumberland County Council: Though an English case, the Hatton case is
English High Court (1994) important, because the courts established what
Though this is not an Irish case, it is the case are known as the Hatton principles (see Table
in which stress was recognised as actionable 30.1), which have since been applied by the Irish
because of the nervous breakdowns suffered by courts. The Hatton case was heard by the English
Mr Walker and it is the base on which the case law Court of Appeal, along with three other cases. For
relating to stress claims has been built. present purposes the details of the cases are not
important: what is important is that the principles
applied by the English Court of Appeal have been employers will have had to address if they want to
followed by the Irish courts, in the McGrath v avoid liability in such cases.
Trintech and Maher v Jabil cases.
McGrath v Trintech: High Court (2004)
While the judgment has generally been seen Mr McGrath, who was employed by Trintech in
as placing limits on employers’ liability in work- April 2000, suffered bouts of illness while abroad
related stress cases, it also makes clear the issues on assignment. While he was on sick leave during
1) No special control mechanisms apply to claims for psychiatric or physical injury arising from stress doing
work – the ordinary principles of employers’ liability apply.
2) The threshold question is whether the kind of harm to the particular employee was reasonably foreseeable –
there are two components of this: (a) injury to health as distinct from occupational stress and (b) the harm is
attributable to work.
3) Foreseeability depends on what the employer knows or ought reasonably to know about the individual
employee – an employer is entitled to assume an employee can withstand the normal pressures of the job
unless he knows of a particular vulnerability.
4) The test is the same whatever the employment.
5) Factors relevant to answering the threshold question include the nature and extent of the work, is the
workload much more than normal for the particular job, is the work particularly emotionally demanding when
compared to others, are there signs that others doing this job are suffering harmful levels of stress, is there
an abnormal level of sickness or absenteeism, are there signs from the employee of impending harm, has
the employee already suffered illness attributable to work, have there been recent uncharacteristic frequent
or prolonged absences and is there reason to think these are attributable to work?
6) The employer is entitled to take the employee at face value and, unless there are good reasons to the
contrary, does not have to make searching enquiries or further enquiries of the employee’s medical advisers.
7) To trigger a duty to take steps, the indications of impending harm must be plain enough for any employer to
realise he should do something about it.
8) An employer is only in breach of duty if he fails to take steps which are reasonable, bearing in mind the
magnitude of the risk of harm, the gravity of the harm which may occur and the costs and practicability of
preventing it.
9) The size and scope of the employer’s operation and its resources are factors in deciding what is reasonable.
10) An employer can only be expected to take steps which are likely to do some good.
11) An employer who offers a confidential advice service, with referral to appropriate counselling, is unlikely to
be in breach of the duty of care.
12) If the only reasonable step would be to demote or dismiss an employee, an employer will not be in breach of
his duty by letting a willing employee continue to work.
13) It is necessary to identify the steps which an employer both could and should have taken before finding the
employer in breach of his duty.
14) The employee/claimant must show that the breach of duty caused or materially contributed to the harm
suffered.
15) Where the harm suffered has more than one cause, the employer should only pay for that proportion
attributable to his wrongdoing.
16) The assessment of damages should take account of any pre-existing disorder or vulnerability.
October and November 2002, he was requested to Judge Laffoy concluded that the medical evidence
go on an assignment to Uruguay, where he worked established that Mr McGrath suffered from a
from January 2003 to June 2003. Following his recognisable psychiatric illness. Applying the Hatton
return to Ireland in June, he was absent on sick propositions, she concluded that Trintech did not
leave. In August 2003 he was informed he was have any actual knowledge of his vulnerability
being made redundant. to psychological injury. He had not apprised the
company of his psychological history and he had
He did not accept that Trintech was entitled to make made no complaints about work-related stress
him redundant. He initiated proceedings, claiming before he went to Uruguay. The medical certificates
amongst other things damages for personal injury submitted by Mr McGrath “were silent on the
and loss of good health. He alleged that during his existence of psychological injury”. Judge Laffoy
period in Uruguay he was subject to grave work- concluded Trintech had not fallen below the standard
related stress and pressure, which resulted in injury to be expected of a reasonable and prudent employer.
to his psychological health and well-being.
Dealing with the alleged breach of statutory duty,
Delivering judgment, Ms Justice Laffoy said Mr Judge Laffoy stated that the issue was whether
McGrath’s claim essentially boiled down to two the stress-induced injury was a consequence of
issues: a breach of statutory duty. Even if Trintech had
taken all the steps Mr McGrath argued it was
1) whether he had a claim for wrongful
statutorily obliged to take (dealing with stress in
dismissal and other breaches of the terms
the safety statement, having a monitoring system
of his contract.
in place, having an EAP, providing further training),
2) whether he had established a claim in tort Judge Laffoy said it could not be concluded that
for personal injury. he would not have suffered psychological injury.
Accordingly, she dismissed McGrath’s claim for
The contractual issues are not relevant for our damages for personal injury.
purposes, save to note that Ms Justice Laffoy
awarded McGrath damages of €69,026 for breach The effect of the judgment is that the Irish courts
of contract, €10,500 for holidays due and €3,000 recognised that employers were under a duty to
for expenses incurred. His claim for personal injury deal with stress in the safety statement, based on
was, Ms Justice Laffoy said, grounded on both an a risk assessment.
alleged breach of the common law duty of care
and an alleged breach of statutory duty. Maher v Jabil: High Court (2005)
Mr Maher was employed by Jabil Global Services
He alleged Trintech was in breach of its duty to as a supervisor. In August 2001 he was appointed
ensure, in so far as is reasonably practicable, shift manager for a shift. After taking up the
the safety, health and welfare of its employees position of shift manager, Maher began to suffer
(SHWW Act 1989, s6, now SHWW Act 2005, from what was initially diagnosed as heart trouble,
s8) and that the company’s safety statement did but was subsequently diagnosed to be, as Mr
not address the issue of stress in the workplace. Justice Clarke described it, “stress”.
Dealing with the claim for damages for personal He was off work for a period and when he
injury, Judge Laffoy noted the Hatton judgment. returned he was assigned to another shift. He
In the Hatton judgment the English Court of worked on that shift for about three months and
Appeal laid down 16 practical propositions (see then went on, what Judge Clarke described as,
Table 30.1). Setting out her approach to the “relatively permanent sick leave”. He terminated his
case, Judge Laffoy said she would deal with the employment in October.
allegations of breach of duty, then consider the
issue of foreseeability and then apply the Hatton He then sued Jabil, claiming damages for
propositions. negligence and breach of duty which caused him
personal injury in the form of psychological harm, Judge Clarke said he was not satisfied that there
which Mr Justice Clarke described as coming was a concerted effort by Jabil to exclude Mr
“within the rubric of stress, harassment and bullying Maher from his employment. In relation to point 11
in the workplace”. He claimed that during his time of the Hatton propositions, on the provision of an
as manager on the first shift, he was put under EAP service, Judge Clarke said he was satisfied
pressure by management to achieve unrealistic that there was a counselling service available to Mr
targets, which caused him stress. He claimed Jabil Maher. He concluded that Mr Maher’s injuries were
knew or ought to have known that the pressure not foreseeable and his claim must fail.
was likely to cause him harm. He did not bring his
concerns to the attention of management. Berber v Dunnes Stores: Supreme Court
(2009)
He claimed that the second shift job was in effect Mr Berber was employed by Dunnes Stores as a
a “non-job”, which exposed him to humiliation. He store manager from 1980 to 1988. In 1988 he
claimed that he only agreed to work on that shift was appointed to be a buyer, initially of footwear
for a short period, as a means of re-integrating and finally of men’s readymade clothes. A
himself into the workforce. performance review in February 2000, which rated
Mr Berber’s performance as effective, also noted
Having considered the evidence, Judge Clarke, that he was colour blind. Following this appraisal,
cited the McGrath v Trintech case, in which he Mr Berber claimed Dunnes’ attitude towards him
said Ms Justice Laffoy “reviewed the authorities changed. He was only sent on one buying trip
in relation to an employer’s liability for psychiatric abroad and there was an increased interest in his
illness induced by stress and pressures at work”. health, despite an excellent attendance record.
Taking the Hatton case, cited by Judge Laffoy, “as
the starting point for the consideration of liability”, Though Mr Berber had been diagnosed with
Judge Clarke posed three questions: Crohn’s disease in 1978, it only recurred twice
1) Had Mr Maher suffered an injury to his while he was with Dunnes: once in 1995 and
health, as opposed to what might be called again in early spring 2000. In July 2000 he
ordinary occupational stress? was not sent on a buying trip and in October he
was transferred back to store management. He
2) If so, was the injury attributable to the considered this a demotion and after a meeting, it
workplace? was agreed he would be transferred to a flagship
3) Was the harm to the particular employee store and undergo training with a view to being
reasonably foreseeable? fast tracked as a store or regional manager.
Based on the medical evidence, Judge Clarke After this agreement a series of incidents followed
concluded that Mr Maher had suffered injury and by December 2000 his solicitors were writing
to his mental health that went beyond ordinary to Dunnes stating that the stress generated by the
occupational stress. Significantly, he noted that incidents resulted in his becoming ill. After being off
ordinary stress in the workplace does not give work ill, he returned but there were further incidents.
rise to a claim for damages. Again, based on the He finished working for Dunnes in May 2001.
medical evidence, the judge concluded that Mr
Maher’s injury was attributable to work. Mr Berber sued Dunnes, claiming that he suffered
a recognised psychiatric illness. He was awarded
On the issue of foreseeability, Judge Clarke damages of €40,000 by the High Court for the
held that while the work on the first shift was psychiatric injury suffered and €32,622 for breach
demanding for Mr Maher, there was no evidence of contract. Dunnes Stores appealed the High
that the employer should have been aware of this. Court judgment to the Supreme Court.
The demands made on him were not unreasonable
when compared to other jobs. While the position Delivering judgment on behalf of a three-judge
during the second shift job was more complex, Supreme Court bench, Mr Justice Finnegan cited
the McGrath v Trintech, Maher v Jabil and Quigley What is reasonable depends on five factors:
cases and the Hatton case. According to Mr Justice
- foreseeability
Finnegan, the English Court of Appeal in the Hatton
case held that “special problems attend claims for - the magnitude of the risk of that harm
psychiatric injury”. Such cases give rise to difficult occurring
issues of foreseeability, causation and breach of duty. - the gravity of the harm
Commenting on foreseeability, he said the issue - the cost and practicality of preventing it
in most cases will be whether the employer - and the justification for running the risk.
should have taken positive steps to safeguard the
employee from harm and the threshold to question Mr Justice Finnegan concluded that Dunnes had
is whether the kind of harm sustained by the acted reasonably and that the injury suffered was
particular employee was reasonably foreseeable. not foreseeable. Accordingly, the Supreme Court
overturned the award of €40,000 for personal
During the course of the judgment, Mr Justice injury, but allowed a portion (€9,079) of the award
Finnegan made a number of comments, which of damages for breach of contract.
offer useful guidance in relation to liability for
stress. He stated:
- The test concerned is not with the person of PREVENTION
ordinary fortitude.
- Stress is merely a mechanism whereby harm So clearly work-related stress is a health and
may be caused. safety issue and, as the review of court cases
shows, failure to eliminate - or at the very least
- An employer may be alerted to stress by
reduce the risk - can be costly. As the HSA puts
uncharacteristic frequent or prolonged
it, all employers are legally required to assess the
absences from work, but there must be a
working environment for systems and practices
good reason to think that the underlying
which lead to health and safety hazards, including
cause is stress generated by work.
stress, and put in place preventative measures.
- Where an employee is certified fit for work Among the preventative measures suggested by
by his doctor, the employer will usually be the HSA in the guide are:
entitled to take the medical certificate at face
value, unless there is good reason to think to • Respect the dignity of each employee.
the contrary. • Regular feedback and recognition of
- If there has been a breach of duty, the performance.
employee must show that the breach caused • Clear goals for employees in line with
the harm complained of. organisational goals.
In Mr Berber’s case, Mr Justice Finnegan said • Employee input into decision making and
causation was not an issue in that the personal career progression.
injury arose out of circumstances at the place of • Consistent and fair management actions.
work. A reasonable employer would have been
aware of his vulnerability, but not to mental illness, The HSA guide outlines three types of
but rather by reason of changes in occupation management interventions used in organisations:
from buyer to store management. By December
• Primary, which is looking at the issue of stress
2000 Dunnes Stores was aware that Mr Berber
at source in order to prevent it occurring.
was suffering from stress and so had a duty to
take reasonable care not to cause harm. • Secondary, which is described as
management focusing on the employee
The question for the court to determine was throughout his/her time with the organisation
whether Dunnes Stores took reasonable care. and which includes training and support.
The safety representative needs to monitor the The HSE-GB web pages on work-related stress
workplace to identify if stress problems are can be accessed by clicking on the following link:
manifesting themselves. If they are, the safety http://www.hse.gov.uk/stress/
representative should raise the issue with the
employer. The Framework Agreement on Work-
related Stress can be downloaded at: http://
Safety representatives can ensure that employers www.travailler-mieux.gouv.fr/IMG/pdf/
address stress as part of the safety statement and StressAccordCadresEuropeen.pdf
if the safety representative feels the issue is not
adequately dealt with in the safety statement, the
safety representative must raise the issue with the
employer. If an employer does not have an EAP,
it could be suggested that the employer establish
such a programme.
Workplace violence is defined in the HSA’s A detailed sectoral analysis show that 15.4% of all
publication Violence at Work. The definition states reported accidents in the health and social work
“Workplace violence occurs where people, in the sector were as a result of aggression, shock or
course of their employment, are aggressively violence. The public administration and defence
verbally abused, threatened or physically assaulted. sector reported 791 injuries. Of these 7.1% were
as a result of aggression, shock or violence.
In 2010 the European social partners agreed
guidelines to help tackle third party violence and Some years ago the Authority published a detail
harassment at work. In the agreement harassment analysis of the sectors where violence at work was
and violence are defined as unacceptable experienced. The analysis shows that:
behaviour by one or more individuals some of
• 148 cases were reported by the public
which may be more easily identifiable than others.
administration/defence sector.
The agreement defines harassment as “when • 113 by the health and social work sector.
someone is repeatedly abused, threatened and/ • 16 by the financial/insurance sector.
or humiliated in circumstances relating to work”.
Violence occurs when one or more workers or • 11 by the transport and storage sector.
managers are assaulted in circumstances relating • 14 from other service sectors.
to work.
The HSA’s guide, Violence at Work, which was last
Violence or harassment may be carried out by revised in 2007 states that over 5% of all reported
one or more managers, workers, service users or workplace accidents are due to violence. Broken
members of the public with the purpose or effect down by sector 17% of all accidents reported by
of violating a manager or workers, affecting his/her the public administration/defence sector were
health and/or creating a hostile work environment. because of violence, 16% in the case of the
health and social work sector, 7% in education,
The European agreement recognises that 7% in financial and retail services, 3% in hotels
harassment and violence can be: and restaurants and 3% in transport, storage and
communications.
• Physical, psychological or sexual.
• Be one off incidents or more systematic Violence and aggression is an issue for many trade
behaviour (here it should be noted that in unions. Unions with members in the hospitality,
Irish law bullying is repeated behaviour: see financial services, public sector services, education
Chapter 20). and communications sectors have specific
concerns. There are reports of verbal abuse
• Be amongst colleagues, between superiors
towards call centre workers.
and subordinates, or by third parties such as
clients, customers, patients or pupils.
A review of cases law reports gives an idea of the
• And can range from minor cases of type of incidents that occur (see also Chapter 20
disrespect to more serious acts, including Bullying, for related type cases)
criminal offences which require the
intervention of public authorities.
Table 31.1: Examples of violence and aggression from reported court cases
As a result of the assault the worker’s upper lip was torn and bleeding. He suffered jaw pain, constant
headaches, tooth and lip pain. He told the court he still feels unsafe at work. He was diagnosed with
post-traumatic stress disorder. He had to pay €1,400 in medical costs and suffered a net €11,400
loss of income. Imposing a 12-month suspended jail sentence and ordering the attacker to pay €500
to Crumlin Children’s Hospital. Judge Mary Ellen Ring said the victim had been doing his job when set
upon by a stranger. (DPP v Casey: Dublin Circuit Criminal Court, June 2014)
At an earlier hearing, the injured man was given an 18-month suspended sentence. At a later hearing,
his companion, who stood over the security guard while he was being attacked, pleaded guilty to
assaulting the security guard. The court heard that the security guard suffered soft tissue injuries
and had been out of work for two weeks. He suffered no long term effects. The court heard that the
accused had been drinking and had taken ‘snow blow’. He had, counsel told the court, since settled
down and is now drug free. He had recently qualified as a commis chef and wished to pursue a career
in the catering trade. He had, the court heard, no previous convictions.
Putting sentencing back to a later date, Judge Mary Ellen Ring asked the Probation Service for a
report. Expressing a view on the type of sentence she would like to impose, she said she wished she
could impose six months, watching what staff in A&E departments have to deal with. “Hospitals should
not have to have security staff but that is the sorry state that has arisen”. (DPP v Brennan: Dublin
Circuit Criminal Court, February 2013)
Table 31.1: Examples of violence and aggression from reported court cases continued
Following the attack, the security guard, who suffered multiple stab wounds to his face, head, forearm
and legs, was taken to hospital. As a result of the attack, the security guard was scarred and had a
permanent cosmetic deformity of his face. He was also, counsel told the court, suffering psychologically
from the incident. He was, counsel added, hospitalised for two weeks and unable to work for six
months.
Counsel for the injured security guard, who sued both his employer and the construction company,
argued that both the man’s employer and the construction firm whose site he was working on had
failed in their duty to ensure that the security guard was not exposed to unreasonable risk. Both
defendants denied liability. Both pleaded that if there was negligence, they were not negligent: it was
the other defendant. And both alleged contributory negligence on the part of the security guard.
Awarding the injured security worker €106,000, Mr Justice Lavan held that there was negligence
on the part of both defendants and that he would give his decision on the defendants’ claims of
indemnity against each other at a later date. (Muhametgalijuvs v Moran t/a Night Security and Gama
Construction: High Court, Dublin, May 2007)
Postman attacked
A postman, who was knocked to the ground and attacked by a husky-type dog, was awarded damages
of €55,000 by the High Court. The postman was delivering post to a mailbox outside a house in a
rural area when he was knocked over by the dog and bitten in the face. The postman brought a claim
against the owners of the house, alleging that they were negligent in permitting the dog to escape
through a hedge onto the road outside their front gate. He alleged that the owners had failed to fence
their property so that the dog could not escape. He further alleged that the owners failed to warn of
the dangers of delivering post to their house.
As a result of the attack, the postman who was also bitten on the leg, suffered lacerations to his face
and needed 22 stitches. A nerve was also damaged in the attack. Following the accident, the postman
had to attend a plastic surgeon. Awarding the injured postman damages totalling €55,000, Mr Justice
Michael Moriarty said the postman had returned to work at a commendably early stage after what was
a particularly frightening incident. (Dunne v Dalton and another: High Court, October 2013)
Postman attacked
On the basis that there had been previous attacks on postal workers on a delivery route, the President
of the High Court has awarded damages to a postman injured in an attack. The court heard that on the
night of the attack, the postman had volunteered to do overtime to deliver mail on a route, where the
post had not been delivered for a couple of days. The postman was not familiar with the route.
Table 31.1: Examples of violence and aggression from reported court cases continued
On the day of the incident (in November), at about 3.30 in the afternoon, the postman commenced
delivering the post on a bicycle in a Dublin suburb. At about 8.55 that night he was attacked by four
youths, who struck him from behind. They hit him with an iron bar on the back of his head and stole the
bag of mail he was carrying. He chased the youths and managed to grab one of his attackers. Using
his mobile phone, he also managed to call the gardai. However, the three other youths came back and,
in order to free their companion, attacked him again.
In his action the postman claimed that his employer was negligent and in breach of its duty of care, on the
grounds that it had failed to adequately warn him about the dangers of delivering post at night, thereby
exposing him to unnecessary risk. He also alleged they failed to supply him with a safe place of work.
On the basis that there had been previous attacks on postal workers on that route, Mr Justice Kearns
said he was satisfied that the employer was in breach of its duty towards the injured postman, who
he said was entitled to succeed with his claim. Awarding the injured postman €20,000 damages, Mr
Justice Kearns said he had suffered some “nasty injuries”. (Abudusalmn v An Post: High Court,
Dublin, January 2011)
However, in the judge’s view, the shop owner should also have considered the personalities of his
employees and their likely reaction in the event of an armed raid. He should also have taken advice
which was readily available from the Gardai on the inadvisability of resisting armed raiders. Commenting
that such raids were all too frequent, he stated that “the rub of the case ....... was the failure to advise
employees not to take on armed raiders”.
The Authority lists a number of potential risk areas: Safety representatives should:
• Providing care, advice or training. • Put in place a system to ensure fellow
• Working with the mentally disturbed. workers make them aware of incidents.
• Working with drunk populations or drug • Raise the potential for such incidents with
addicts. management and discuss what, if any, action
is needed.
• Handling money or valuables.
• Ensure that the employers safety statement
• Working alone (see Chapter 28: Lone
addresses the issues of violence, harassment
Working).
and aggression at work and that prevention
polices are in place.
When reviewing the workplace it is helpful to think
of the attacker, the victim, the work environment • Ask about the provision of counselling
and how these might combine to create a violent services for employees who are victims of
situation. Issues around the work environment violence, harassment or aggression.
are lone working, job location, cash, where people
waiting for a service have been kept waiting and Violence towards workers, particularly those in the
time of day. An example of time of day is petrol public sector but also contract workers in utilities,
stations being robbed at night. is a concern raised by union members. Verbal
abuse, to workers in call centres, is another issue
Among the prevention measures suggested by that is raised by employees. .
the HSA are screens, video surveillance, cash free
systems. It is suggested placing signs warning that
violence or aggression will not be tolerated and RESOURCES
incidents will be reported the Gardai.
HSA guidance
Training should be provided. Training should cover The HSA has published a number of guidance
matters such as how to recognise warning signs, document.
conflict resolution and familiarisation with security
measures. Support and counselling should be There is the guidance booklet, Violence at Work,
available to victims of attacks. which looks at the topic from broad cross sectoral
perspective. To download visit: http://www.hsa.
There should be a system in place to ensure ie/eng/Publications_and_Forms/Publications/
incidents are recorded and reported to Occupational_Health/Violence_at_Work.pdf
management.
HSE-GB guidance
The HSE-GB webpages can be accessed at:
http://www.hse.gov.uk/violence/
European Agreement
The European Agreement, Preventing Workplace
Harassment and Violence can be downloaded
at: http://www.hse.gov.uk/violence/preventing-
workplace-harassment.pdf
The manufacturers offered to alter the doors edge of the excavation and the driver was trapped
to remove the danger, but the HSE refused. An under the dumper.
HSA inspector told the court that after the 2007
incident, the HSE hired an engineer to make In the local authority case, the Council was fined
recommendations on making the doors safer. The €50,000, while in the other case the employer,
engineer advised that warning signs should be whose business had failed, was given a 12 months
placed in the ambulance, that an improved door suspended prison sentence.
alarm system be put in place and that a visual
alarm should be mounted in the cab to indicate if Damages claims
the door was open. The court heard that warning Two employer liability claims give a further insight
signs had been put in place and an improved door in to how such accidents occur, with the size of the
alarm had been installed. settlement in one case giving an indication of how
serious the injuries suffered can be.
During its investigation the HSA discovered
that none of the paramedics they interviewed The High Court approved a settlement of
had been formally briefed on the dangers of the €670,000 for the family of a construction worker
door. Counsel for the HSE told the court that the who was killed when the dumper truck he was
rejection of the manufacturer’s offer to alter the driving overturned. The court heard that the worker
doors was not fiscally driven. He told the court that was killed when the dumper he was driving went
since the accident in 2010, all ambulances had down a steep incline on a construction site on a
been altered to include front facing hinges and section of the M3 motorway.
that other safety measures had been taken. (DPP
for HSA v Health Service Executive: Dublin The difficulties employees can face when trying to
Circuit Criminal Court) recover damages are illustrated by the case of an
injured farm worker, who was awarded damages
Falling objects by the High Court. The case arose as a result of
A pipelayer suffered serious back injuries when an accident when the farm worker was driving a
an excavator bucket separated from an excavator front loader. The vehicle overturned when it failed
fell, hitting him on the back, as he was working to stop after he applied the brakes. However, the
in a trench laying pipes. The excavator was being employer failed to enter any appearance in the
used to remove clay from the trench. The company case and the court heard that the injured employee
pleaded guilty to charges of failing to provide a may have difficulty recovering the award.
safe system of work and was fined €500.
Injured during vehicle maintenance
Overturning vehicles A crane is a work vehicle as defined in the HSA’s
five year Plan. A coroner’s court heard that a
Dumper truck cases: prosecutions maintenance fitter died after he was crushed
Two cases involving dumper trucks illustrate the between a moving crane and a roof beam. At
type of work-related vehicle accidents that can the time of the accident, he was carrying out
occur on construction sites. maintenance work on the crane. The crane was
being controlled by a colleague at ground level,
In one case, a local authority was prosecuted after who was moving it along its tracks. The fitter
a dumper truck driver was killed when the truck he stood up out of the cab of the crane and was
was driving toppled over an embankment which crushed in an eleven centimetre gap between
was not protected, on a site where roadworks were the top of the crane and a fixed roof beam. The
been carried out. In the other case, an employer coroner’s jury found that an unsafe system of
was prosecuted after a dumper truck driver was work and inadequate training, which could have
killed. The dump truck driver had been filling a hole been identified by a basic risk assessment, were
with tarmac, tree stumps and other rubble when factors in the death of the maintenance worker
the dumper overturned. The dumper ran over the on the crane.
When identifying if workplace transport is a hazard, The most common types of accidents are: being
the factors to be considered are: struck by a forklift, being struck by a load which falls
from the forklift, and forklifts overturning. Three of
• Are vehicles used? the six people killed were killed by loads falling off
• The types of vehicles the truck and two were killed by cages falling off
the trucks, with another killed when he was crushed cradles utilised on the day of the accident, coupled
to death between the truck and shelving. with the absence of an intermediate bulkhead and
insufficient and deficient webbing straps, were the
The HSA’s Code of Practice: Rider-operated causes of the accident.
Lift Trucks sets out the training that should be
provided to operators of forklift trucks. Figures published by the HSA show that in period
from 2006 to 2011 a total of 509 accidents
Securing loads involving loading, unloading and securing loads
The failure to secure loads can result in serious were reported to the Authority. Twelve of the
and indeed fatal accidents. A haulage company accidents resulted in death.
was fined €1m following an accident in which two When loading trucks the HSA advises:
passing motorists were killed when an insecure • Use a suitable vehicle for the type and size of
load fell off a lorry. load.
Giving evidence about the security of the load, • Position the load correctly to maintain
an HSA inspector told the court that after the adequate stability, steering and braking and
accident, the Health & Safety Laboratory (HSL) not to overload tyres and axles.
in the UK were commissioned by the Gardai to • Use suitable restraint equipment, which is
carry out a technical examination of the load strong enough for the type of load being
involved in the accident and the method of load carried and is in good condition.
restraint used. The webbing straps used to restrain
the load were sent to the HSL laboratory to be
examined and tested. The webbing straps failed DRIVING FOR A LIVING
at loads considerably less than would be expected
for straps restraining steel coils and visual In the five year Plan the HSA defines driving for a
examination of the straps showed that they were living as driving on the road for work purposes. It
frayed, had failed previously and were repaired by excludes commuting, unless the worker’s journey
knotting together. None of the straps were marked starts from home and the worker is travelling to a
to indicate their rated load. workplace that is not his/her normal place of work.
An example would be an HSA inspector, whose
The inspector said the level of load restraint was workplace might be the local HSA office, but who
grossly inadequate, irrespective of the condition of sets out on a round of inspections from his/her
the straps, as only three straps were used to restrain home. It should be noted that in many continental
six steel coils for both sea and road transport. She EU member states commuting to and from work is
said it was obvious from visual inspection that the considered to be a work-related activity.
condition of the straps was inadequate and the
type of damage was grounds for their removal from Drivers of commercial vehicles such as lorries, vans
service. None of the straps had manufacturing and buses are clearly driving for work. So also are
labels indicating their lashing capacity or braking drivers in what is called the ‘grey fleet’: commercial
point. She said that an expert commissioned by travellers, civil servants driving in connection with
the HSA formed the opinion that each coil (the work trade union officials/organisors driving to
lorry was carrying a load of steel coils) should have meetings, the journalist driving to an event, the
been considered as an individual item and secured electrician or plumber who uses his/her private
individually. She also gave an opinion that the car when going from job to job. A farmer driving a
upturned pallets used as cradles, as in this case, are tractor on the public road from one farm building
not recommended because the pallet structure is to another is driving for work, as is the construction
not designed to carry loads in this manner. worker who drives a digger on a public road.
The inspector told the court that it appeared that As with workplace transport, employers should
the primary causes of the accident were that the consider if driving for work is a hazard and if it is
identified as a hazard they should carry out a risk driving they must carry the licence. Drivers must
assessment. Driving is of itself hazardous, though understand and obey the rules of the road and
in general people do not tend to think of it as a keep up to date on road safety. Drivers should
hazard, but rather as a task to be undertaken. The never drink and drive or drive under the influence
position of employers is different: employers are of drugs (whether prescribed, over-the-counter or
under a legal duty to eliminate and, if that is not illlegal). Drivers should never drive when tired and
possible, control hazards. should always wear a seatbelt.
Again, when it comes to considering the hazards Before taking a vehicle on the road the driver
and the risks employers should think about the should carry out ‘pre-drive’ checks. Walk around
three elements identified by the HSA: the vehicle, and see that things like windows are clean, tyres
the driver and the workplace. are properly pumped and that wing mirrors are
working. Look for any defects. It is recommended
The vehicle that drivers have a mobile phone and that it is
The vehicles used by drivers will vary: some will fully charged, in case it is needed for use in an
drive cars, others vans, lorries or buses. Yet others emergency. However drivers should not use
will drive farm or construction vehicles. Whatever a mobile phone while driving and while it is
the vehicle type the following applies: legally permissible to use a hands-free phone,
best practice advises against doing so. There is
• The vehicle should be properly maintained
research to show that it is unsafe.
and serviced in accordance with
manufacturer’s recommendations.
An aspect of mobile phone use that may catch
• Before setting out on a journey, the driver the unwary is that it is illegal to stop on a
should check the vehicle to make sure things motorway or motorway hard shoulder and use
like windows are clean, tyres are properly a mobile phone. The Road Safety Authority has
pumped and that wing mirrors are working. published advice on this point, making it clear
• The journey route should be planned, with, that the only time a mobile phone can be used
depending on the length of the journey, legally on a hard shoulder is in the event of an
breaks scheduled. emergency or if a car is broken down and cannot
be restarted.
The driver
The HSA has published a very useful driver’s Driver fatigue
handbook, Safe Driving for Work. The handbook Fatigue has emerged as a serious contributory
deals with the employer’s responsibilities and also factor in road collisions. In the late 1990s
the driver’s responsibilities. The point is made that researchers from Loughborough University’s sleep
‘at-work drivers’ have a higher collision rate than research laboratory published research showing
the general driving population. that drowsiness accounts for between 15% to 20%
of all accidents on monotonous roads, especially
The employer’s legal duties are to make sure: motorways. According to the International Labour
Organisation, “driver fatigue is one of the biggest
• The driver is legally entitled to drive the issues facing the road transport industry”.
vehicle he/she is using.
• That the vehicle is safe and roadworthy. The evidence is that “thousands of crashes
are caused by tired drivers”. Such accidents
• That the driver is informed, trained, competent
are unusually severe because a sleeping driver
and fit to drive safely.
cannot brake or take avoidance action, so the
• That the vehicle is used safely. impact generally occurs at high speed. Fatigue-
related conditions often result in very serious
Drivers are required to hold a valid driving licence injuries or death.
for the type of vehicle they are driving. When
they happen, to establish causes, and ensure • Work Related Vehicle Safety Plan 2010-
they are not repeated. Joint investigation with a 2014: http://www.hsa.ie/eng/Publications_
safety officer or transport manager can be helpful, and_Forms/Publications/Work_Related_
as issues can be discussed as the investigation Vehicles/Work%20Related%20Vehicle%20
proceeds. Ensure there is an effective incident Safety%20Five%20Year%20Plan.pdf
reporting and record-keeping procedure in place.
• Code of Practice Rider-operated lift trucks:
http://www.hsa.ie/eng/Publications_and_
Forms/Publications/Machinery_and_Work_
RESOURCES/FURTHER INFORMATION
Equipment/CoP.pdf
HSA guidance
EU-OSHA
The HSA has published Safe Driving for Work
EU-OSHA Facts Preventing Vehicle Accidents at
Driver’s Handbook, which can be downloaded at:
the Workplace can be downloaded at: https://osha.
http://www.hsa.ie/eng/Publications_and_Forms/
europa.eu/en/sector/road_transport/index_html
Publications/Work_Related_Vehicles/Safe_
Driving_for_Work_Handbook_.pdf
It is accepted that work equipment can be In three of the court cases the awards were over
dangerous, but it is difficult to establish the €500,000, which indicates the injuries suffered
statistical evidence to support that. were extremely severe. The Injuries Board analysis
disclosed that, in 2013, the Board awarded
The HSA’s statistical reports, which give figures for compensation totalling €3.1m. The average
the triggers or causes of accidents, do not have a compensation award for injuries resulting from the
classification for machinery. The classification loss use of machinery and work equipment was €39,472.
of control of hand tool, machine or object being
worked obviously covers machinery accidents. At the human level, machinery accidents can have a
In the 2012/2013 Statistical Report accidents huge personal impact. The personal impact of finger
triggered by loss of control of hand tool, machine injuries is captured in a compelling case study in the
or object being worked accounted for just 1.7% HSA’s report The Costs and Effects of Workplace
(just over 100) of the accidents reported to Accidents: twenty case studies from Ireland (by
the HSA. However, when one considers that of Hrymak and Perezgonzalez). The study concerns
the injuries reported to the Authority 9% (585 the case of a young cabinet maker whose fingers
injuries) were finger injuries and 8% (520) were were caught in a circular saw. As a result of the
hand injuries, both of which type of injuries are accident the young man ended up with extensive
associated with the use of machinery, it would damage to his right hand, which is now shorter than
seem many more injuries are caused by or linked his left hand, and having to change his career.
to the use of machinery.
Clearly machinery can be hazardous and therefore
In the UK the HSE-GB does not publish figures employers must carry out risk assessments and
for machinery-related injuries, but in an analysis put in place control measures.
of accidents in the manufacturing sector, the
Executive noted that 14% of reported major
injuries and 11% of over seven day injury HAZARDS
absences involved contact with moving machinery.
In the standard textbook, Safety at Work by Ridley
The strongest statistical evidence from official and Channing, an approach to identifying hazards
sources on the scale of machinery accidents is a is set out. This involves identifying the hazards at
statistical analysis published by the Injuries Board. all stages of the equipment’s use. Given the wide
The analysis found that 10% of all workplace claims range of machines and tools that fall within the
assessed by the Board in 2013 involved machinery definition of work equipment perhaps a better
and work equipment. The Board found that those approach to hazard identification is the list of
On the day of the accident his left forearm became entangled in the machinery. At the time of the
incident, the grinder and a vertical auger were separated and being cleaned out by the worker. Part
of the worker’s hand became entangled in the screw of the vertical auger and was severed from his
arm. He suffered an amputation of the left forearm and hand at the mid forearm level.
The court heard that there was a multiplicity of defects in the machinery being operated for the
grinding and blending process at the plant. The machinery was inadequately guarded and was
unsafe for use. Emergency stops were not operating effectively. There were no labels on the
operator control panel and there was no timed safety interlock to prevent access to moving parts.
There was no preventative maintenance or inspection of the machinery and faults that had previously
been noted had not been acted on.
The company pleaded guilty to failing, in so far as reasonably practicable to: manage its work
activities so as to ensure the safety of its employees; in the design and maintenance of safe
machinery, where there was a risk of physical contact with moving parts of work equipment which
could lead to accidents, to ensure that guards of protection devices are provided to prevent
access to the danger zones or halt movement of dangerous parts before the danger zones are
reached. The company was fined a total of €65,000. (DPP for HSA v Dawn Farm Foods Limited:
Circuit Criminal Court, Naas)
Hazard: forklift
An injured mechanic was awarded damages of IR£634,500 (€805,180) by Mr. Justice Johnson, after
an accident in which the young woman motor mechanic’s leg was crushed between a forklift truck
and a wall. He held that her employers were 100% responsible for the accident. The judge held that
whether the cause of the accident was as the mechanic said, that she slipped off the seat and that
a colleague de-stabilized the forklift and crushed her or, as the defendant claimed, a colleague drove
it at her request, the employer was negligent. Following the accident the mechanic had to have 12
operations, which culminated in an operation for the removal of her leg below the knee. Another result
of the accident was that she became depressed and lost her zest for working as a mechanic.
The company was found guilty of failing to provide information training and supervision as required
by the SHWW Act 2005, section 8(2)(g) and was fined €25,000 in relation to the offence. The
company was also found guilty of failing to comply with the SHWW (Children and Young Persons)
Regulations 1998, by not assessing the risks because of the young person’s lack of experience and
absence of awareness and was fined €10,000. The company pleaded guilty to failing to manage and
conduct its activities to ensure, in so far as reasonably practicable, the safety, health and welfare of
employees. The company was fined €35,000 on this charge. (DPP for HSA v J R Perry Limited,
Circuit Court, Naas, March 2009)
• Checking that the machine is complete with • Read the operator manual before attempting
all safeguards fitted and free from defects. to clear the blockage.
• Having a safe system of work for using and • Never use hands or try to kick a blockage free
maintaining the machine. • Ensure the worker has the correct tools for
• Ensuring static machines are installed the job.
properly and are stable.
• Secure anything which may fall on the
• Choosing the correct machine for the job. workers or others in the vicinity.
• Ensuring that the machine is switched off and • Replace all guards before restarting the
isolated or locked off before taking any action machine.
to remove blockages, clean or adjust the
machine. A case that came before the Supreme Court,
where the issue was whether the manufacturer
There is also a need to identify risks from of a farm machine was liable for injuries suffered
electrical, hydraulic or pneumatic power supplies. by a farm worker, illustrates the dangers of not
following the HSA’s advice on clearing blockages.
When thinking about how to make a machine safe, To clear the blockage the farm worker climbed
among the measures to be considered to prevent under the harvester and removed knobs retaining
access to dangerous parts are: an inspection plate. There was a hatch at eye level
• The use of fixed guards. and when he removed the panel, he was faced
with a solid wall of grass. He started pulling out the
• If fixed guards are not practical, the use of grass with his hands. He was pulling out grass for
interlocks to ensure that the machine cannot about four or five minutes when he felt something
be used before the guard is closed and which come down and squash his left hand which he
cannot be opened while the machine is still then pulled out of the chute. All of his fingers were
moving. badly crushed but were intact. He told the High
• Where guards cannot give full protection, use Court (the evidence was given in the High Court
measures such as jigs, holders or push sticks. and came before the Supreme Court in the form
of transcripts) that the engine was running (idling)
Operators must be provided with information, but that the blower box was switched off: that is
instruction, training, supervision and safety that the clutch was not engaged.
equipment.
The HSA sets out the precautions to be
The HSA advises on the elimination and control of used when working around PTO shafts. PTO
risks from machinery used on farms, construction shafts should be fully enclosed and should be
sites, quarries and fishing vessels. While some of disengaged before clearing blockages. Advice
the advice is sector-specific, much of the advice that is applicable in all situations: loose or torn
has cross-sectoral application. clothing should never be worn when working near
machinery. It is best practice to wear well-fitting
For example, the guidance on clearing blockages overalls with zipped pockets and safety boots with
safety on agricultural machines, in which the steel toecaps.
Authority advises:
The HSA’s Use of Mobile Machinery on detached from the van and crossed the road into
Construction Sites Information Sheet also the path of an oncoming car. The driver of the car
includes advice that has cross-sectoral relevance. was killed.
When using mobile machinery, control measures
might include: At the time of the accident the cherry picker was
being returned to the plant hire company. The
• Planning routes.
van to which it was attached was owned by a
• Limiting the number of vehicles on site. carpenter who was renovating his aunt’s house.
• Setting speed limits. A garda public service vehicle inspector told the
court that in his opinion a breakaway cable, which
• Proving segregated pedestrian walkways that would have connected to the cherry picker to
keep pedestrians and vehicles apart. the van, was not present. He explained that the
• Use signs. breakaway cable would have applied the brakes
on the cherry picker in the event of the van and
• The use of reversing alarms/beacons, convex
cherry picker separating.
mirrors and reversing cameras.
Evidence was given by a Mr Finnegan, who
collected the cherry picker, that he had been
LIFTING EQUIPMENT given no instructions on how to use it. He did
not see any safety instructions on the basket of
Though now covered by the Use of Work the machine and there was no breakaway cable
Equipment Regulations there are particular on the cherry picker. However, an employee of
characteristics with the use of lifting equipment, the plant hire company told the court that he
which is defined as work equipment for lifting, had asked Mr Finnegan if he knew how to use
lowering loads or pile driving, and includes the machine and was told by him that he had
anything used for anchoring, fixing or supporting used it before. He was, he said, certain that the
such equipment. breakaway cable was on the machine, as it was
the “most obnoxious colour pink”. He added that
The definition covers items such as cranes, instructions on the use of the machine were in a
hoists and lifts, winch-operated hoists and lifts. pocket in the basket.
The regulations impose obligations to carry out
periodic checks and thorough examinations of The plant hire company was charged with failing
such equipment (see Table 33.2), as well as to provide information regarding the attachment
requiring that the persons who carry out such of the cherry picker to a towing vehicle and
examinations are competent. The regulations information relating to the use of the breakaway
also impose duties on those who hire out lifting cable and failing to ensure that the cherry picker
equipment for use by others. was maintained in a safe way so as to reduce the
dangers to users and that it had no breakaway
A case taken by the HSA against a plant hire cable or secondary coupling device.
company, which was found guilty of failing to
provide information regarding the attachment of a Imposing sentence, Judge Keenan Johnson
Niftylift cherry picker which was involved in a fatal said there had been a failure on the part of the
road traffic accident, illustrates the application hire company’s employee to insist on giving
of the regulation. The case arose as a result of instructions. Imposing a fine of €24,000 and
an accident in April 2010, which occurred when ordering the company to pay costs of €6,000,
the cherry picker which was attached to a van Judge Johnson said “Laxity and safety breaches
was being driven on a public road. While being will not be tolerated in any court”.
driven on a public road the cherry picker became
Tower crane climbing rig The origins of the Regulations and the Directive lie
Lifting machines (personnel) (see also in the EU’s single market policy, which recognised
Schedule D of Work Equipment Regulations) the need to ensure consistent health and safety
standards throughout the European Community.
Patient hoist Hence the essential health and safety provisions in
the Directive and the Regulations.
Examinations at 12 monthly intervals
More particularly the essential health and safety
Items for support of lifting equipment
requirements address the design of machinery for
Fork lift truck: including interchangeable safe handling, use and maintenance; controls and
accessories control systems; protection against contact with
moving parts; protection against noise, vibration
Telehandler: including interchangeable and emission of hazardous substances; particular
accessories provisions for mobile machinery, machinery for
lifting persons/goods and lifting accessories;
Vehicle lifting table
portable machinery; machinery for foodstuffs/
Hoisting equipment on fishing vessels pharmaceuticals, machinery for underground work
and machinery for pesticide application. There are
Winches used for lifting loads. also provisions relating to the marking of machines
and the contents of user instructions.
a fine and/or imprisonment or both. If convicted they happen, to establish causes, and ensure
in the District Court, the person may be fined up they are not repeated. Joint investigation with a
to €5,000 and sent to jail for up to six months. If safety officer/production manager can be helpful,
convicted in the Circuit Court, the person may be as issues can be discussed as the investigation
fined up to €500,000 and be jailed for a maximum proceeds. Ensure there is an effective incident
period of two years. reporting and record-keeping procedure in place.
Irish health and safety legislation identifies young workers and children, pregnant
employees, and shift and night workers as workers who form a group, classified in
legislation as sensitive risk groups. The particular need to protect workers in these groups
has long been recognised and in the General Application Regulations 2007 the special
protections to be afforded to these workers are set out in Part 6 of the Regulations.
However the three groups are not the only workers who have particular issues. In recent
years scientific and other evidence has highlighted the risks faced by other groups of
workers, in particular older workers and disabled workers. While there are no specific
health and safety regulations, there is legislation in relation to disabled workers, which
while it falls under different headings should be considered and acted upon by employers.
In Britain the HSE-GB has identified these groups of workers as ‘vulnerable’. In this
section we review the legislation enacted to protect sensitive groups and we review the
guidance on protecting those workers who are vulnerable but are not afforded specific
protection under the health and safety legislation.
CHAPTER 34: the hours both young persons and children can
SENSITIVE RISK GROUPS work and on the types of work they can undertake.
Where a risk is identified and preventative When a woman tells her employer that she is
measures are taken, the young person and in the pregnant, the employer must assess any risks
case of a child, the child’s parent/guardian, must to the health and safety of the woman and the
be informed of the measures taken. Where a risk unborn child. If the assessment reveals a risk, then
assessment reveals a risk to safety and health or the employer must inform the employee of the
to the physical or mental development of a child an risk. It is important to note that the HSA advises
employer must make health surveillance available. that the employer’s safety statement should
The employer must inform the young person or the already have identified the hazards and risks at the
child and in the case of a child the child’s parents workplace that might affect pregnant employees.
or guardians of the results of health surveillance or Therefore the risk assessment specifically
assessment. required by the Pregnancy Regulations should
be a reappraisal of the hazards as they affect the
A schedule to the Safety, Health and Welfare particular employee.
(Children and Young Persons) Regulations
1998 sets out a non-exhaustive list of agents and When a woman tells her employer that she is
processes to be considered when carrying out a pregnant, the employer must assess any risks
risk assessment. The agents include carcinogens, to the health and safety of the woman and the
explosives, dangerous animals, liquid petroleum unborn child. If the assessment reveals a risk, then
gas and high voltage electricity. the employer must inform the employee of the risk.
Employers must display an abstract of information Then the employer must see if the work or hours
on the Act and regulations. A register must be kept of work can be adjusted so as to eliminate the
of young persons employed in mines. A child may risk. If this cannot be done, then the employer
not be employed below ground in a mine. must, if possible, next offer the employee suitable
alternative work. If this option is not possible, then mothers or to the foetus from noise but that
the employer must grant health and safety leave. prolonged exposure may lead to increased
blood pressure and tiredness. Nor are there any
Health and safety leave must also be granted to particular risks to mothers who have recently
employees who are breastfeeding, if there is a given birth or are breastfeeding. The Authority
risk to the mother or child. Employees who are advice is that there are no specific problems
pregnant, or mothers who are nursing, are entitled working in extreme cold but warm clothing should
to time off, without loss of pay, to attend ante or be provided. However heat is different. Exposure
post natal care. to heat can lead to heat stress and fainting.
The factors to be considered when assessing Work with non-ionising radiation presents no
if there is a risk to the health and safety of the greater risk for expectant or breastfeeding
pregnant woman, the nursing mother or the mothers. On the other hand, the HSA notes
child (born or unborn) are: physical, biological or that ionising radiation is harmful to the foetus
chemical agents, some industrial processes and and work practices should be designed to keep
underground mining work. Special attention must exposure below the statutory dose limit for
be paid to night work. pregnant employees.
Reference to the HSA’s Guide to the Pregnant Biological agents are known to cause abortion of
Employees Regulations is advisable. The Guide the foetus, so reference needs to be made to the
makes it clear that risks to pregnant employees “are Biological Agents Regulations 2013. The agents
part of the routine risk assessments” at workplaces which can cause harm are agents in groups 2, 3
and should not be left until pregnancy is notified. and/or 4.
The risk assessment should cover the general One right to which pregnant, post natal and
hazards, hazards specific to the pregnancy and breastfeeding employees are entitled, and which
hazards specific to breastfeeding. The general falls outside the Maternity Act Protection Act and
hazards are described in Schedule 8 of the part 6 of the General Application Regulations,
Regulations as physical agents regarded as is the right to rest in appropriate conditions.
agents causing foetal lesions or likely to disturb Regulation 24 of the General Application
placental attachment or both. Physical agents Regulations requires employers to ensure that
include noise and vibration, extremes of cold and such employees are able to lie down to rest in
heat, handling of loads entailing risks, shocks, appropriate conditions.
ionising and non-ionising radiation, movements
and postures travelling inside or outside the A case which came before the Employment
workplace, mental or physical fatigue and other Appeals Tribunal illustrated the issues that can
physical burdens connected with the activity of arise with risk assessment and health and safety
the employee. leave (see Table 34.1).
The Employment Appeals Tribunal has held that an employer does not have to carry out a health and
safety leave risk assessment with the employee’s full participation.
This decision was made as part of the Tribunal’s rejection of a claim brought under the Maternity
Protection Act 1994-2004 by a pregnant woman, who had been refused a certificate in order to go
on health and safety leave.
The employee was employed to make sandwiches for a company. Her work involved lifting buckets
of ingredients weighting up to 15kg and getting boxes weighing up to 20kg from the cold storage
room. When the employee’s pregnancy was confirmed by her GP, she asked for lighter duties.
In her evidence, she told the Tribunal that her employer said she was not the first pregnant woman to
work for the company, so he did not see why she was concerned. She said there was lighter work in
the packing area and she asked for alternative work.
She asked for a certificate to go on health and safety leave, if alternative work was not available. The
employer refused to provide a certificate, saying he had contacted her GP and was assured there
was no danger. The doctor denied such a conversation took place.
She again requested a certificate and gave her employer permission to contact her doctor. Following
a letter from her solicitor, she was called to a meeting with her employer and was asked for a cert to
say she was fit for work. The certificate she provided contained recommendations, which were not
implemented. A risk assessment was carried out but she was not consulted about it.
The employer gave evidence that he had carried out a risk assessment and identified the risks to the
employee. As there were no extremes of temperature (the work area was a consistent 12 degrees)
and assistance could be given for any lifting required, he could not justify completing a health and
safety leave certificate.
He said that at meetings with him, the employee said she no longer wanted to work and he took this
as her resignation. He sent her P45 to her. A further meeting followed at which the employee said
she wanted to come back to work if her conditions were changed. He agreed to remove lifting duties
but said he would need confirmation from her doctor that she could not work with the temperature
at 12 degrees. This was not forthcoming.
The employee brought a claim under maternity protection legislation. In its determination, the
Tribunal, citing the SHWW Act 2005, section 18, noted that there is no onus on an employer when
carrying out a risk assessment of the workstation of an employee that requires the risk assessment
be carried out with the “the full participation” of the employee. In this regard, it is interesting to note
that the determination makes no reference to the General Application (Protection of Pregnant
Employees) Regulations 2007.
The case came before the Tribunal by way of an appeal by the employer against a Rights
Commissioner’s decision that the employee had been unfairly dismissed. There is no mention in the
determination of whether the Pregnant Employees Regulations were pleaded, nor is it mentioned if
HSA guidance was considered.
It is worth looking at the guidance from the Authority on its website. The answer to the question of
“what should the employer do when he/she becomes aware that that an employee is pregnant?”
is that once an employer becomes aware that an employee is pregnant, the employer must assess
the specific risks from the employment to that employee and take action to ensure that she is not
exposed to anything which would damage either her health or that of her developing child. (Canavan
v Bakowsak: EAT ref, P/72010, October 2012)
There is an extensive volume of research on the The HSA’s Guidance for Employers and
health effects of long working hours, shift work and Employees on Night and Shift Work lists the
night work. One such study, which has received effects of night and shift work as including:
widespread publicity internationally, has found that • Disruption of the internal body clock
shift work impairs cognition. The level of cognitive (circadian rhythms).
decline seen in people who worked irregular shifts
for 10 years was equivalent to six and a half years’ • Sleeping difficulties.
worth of natural, age-related cognitive decline, said • Fatigue.
researchers from the universities of Toulouse and
• Health effects.
Swansea. Researchers found that stopping shift
work was linked with an improvement in cognitive • Social and family effects.
function – suggesting that any ill effects are • Leads to errors and accidents.
reversible – but said that it took five years out of
shift work for this effect to be seen. The research Given that it is estimated that about 15% of the
was carried out by researchers from the Universities workforce in Ireland works shift work and night
of Toulouse and Swansea. work, managing the hazards and controlling the
risks associated with night work and shift work is a
significant challenge.
Other research, has found:
• Regular shift work by pregnant women What the law requires
is associated with foetal loss (Journal of There are two aspects to the law protecting
Environmental and Occupational Medicine). workers from the effects of shift work and
night work. There are the limits on hours as set
• Shift work is associated with an increased risk out in the Organisation of Working Time Act
of type 2 diabetes (Journal of Occupational and regulations made under the Act and the
and Environmental Medicine). protection afforded by the provisions of the
• Rotating night shift work linked to type 2 General Application (Night Work and Shift Work)
diabetes in women (Plos Medicine). Regulations 2007 (Part 6, Chapter 3).
• Shift workers suffer increased risk of vascular
Employers are required to take appropriate steps
disease (British Medical Journal online).
to protect the safety and health of nightworkers
• Shift work which involves circadian disruption and shiftworkers, to carry out a health assessment
is probably carcinogenic to humans and of the health and safety risks that attach to
for painters is definitely carcinogenic (The nightwork to determine if the work involves special
Lancet). hazards or heavy physical or mental strain.
If an employee becomes ill or exhibits symptoms of Choose Safety Young People at Work: http://
ill-health that are recognised as being connected www.hsa.ie/eng/Education/Teacher_Support_
with nightwork, the employee must, if it is possible, and_Resources/Choose_Safety/Choose_Safety_
be transferred to day work. Students_Workbook.pdf
ie/eng/Publications_and_Forms/Publications/
Healthcare_Sector/Night_and_Shift_Work_2012.
pdf
HSE-GB guidance
New guidance on managing shift work: http://
www.hse.gov.uk/humanfactors/resources/articles/
managing-shift-work.htm
That figure can be expected to increase. EU- However there are a number of studies on how the
OSHA, summarising the European Strategy 2020, ability to work changes with age. Physical changes,
states the aim of EU policy is to increase the such as loss of muscular strength and range of
employment rate of the population aged between joint movement, decreased ability to maintain good
20 and 64 to 75%, which will the agency says posture and balance, reduced vision and auditory
mean European citizens will have to work longer. capabilities, can have a significant effect. The
According to EU-OSHA an opinion poll shows that efficiency of the cardiovascular system decreases
a large majority of EU citizens believe that good significantly with age and changes associated
health and safety practices are very important to with the cardiovascular and respiratory systems
work for longer before they retire. may make it difficult to perform some physically-
demanding tasks. Osteoporosis is more commonly
The HSA states “older workers are generally found in individuals aged over 50.
less likely to have accidents than their younger
counterparts”. However, when an accident occurs Guidance for employers
it tends to result in more serious injuries (i.e. The HSE-GB advises that employers should:
permanent disability, dismemberment or death). As
some functional capacities, mainly physical (e.g. • Review risk assessments if anything
decreased ability to judge the speed of moving significant changes, not just when an
objects) and sensory (e.g. vision or hearing) decline employee reaches a certain age.
as a result of the natural ageing process, account • Not assume that certain jobs are physically
needs to be taken of this with older workers”. too demanding for older workers, indeed
many jobs are supported by technology which
EU-OSHA addresses concerns that age-related can absorb the physical strain.
declines in functional capacities and health
automatically leads to worsening performance and • Think about the activities older workers can
decreased productivity among older workers. There do, as part of your overall risk assessment and
is, the Agency says, no consistent evidence that consider whether any changes are needed.
• Consult older workers when considering employment and to undergo training. Reasonable
control measures. accommodation measures may include:
• Utilise the knowledge and skills of older • Making workplaces more accessible for
workers by having them work alongside people with disabilities.
colleagues in a structured programme to
• Adapting work equipment, by for example
capture knowledge and learn from their
having a talking lift with tactile floor buttons
experience.
• Ensuring good lighting.
EU-OSHA recommends carrying out age- An EU-OHSA guide, Ensuring the health and
sensitive risk assessments, which take account safety of workers with disabilities, advises that a
of differences in functional capacity and health. risk assessment should cover:
The risk assessment should consider the work
• Task: the design of the job, work activities.
demands in relation to the individual’s functional
capacity and health status. The Agency promotes • Individual: specific needs with respect to the
good workplace design as an aid, which will disability.
benefit all age groups, but targeting older workers. • Work equipment: for example assistive
Changes in vision can be addressed by lighting technologies whether workstations and/
and regular eye-sight tests. Hearing can be helped or equipment adjusted to the individual’s
by reducing noise levels and regular hearing tests requirements.
are recommended. Measures to address functional
capacity include job-redesign, good ergonomic • Work environment: for example the layout of
design, use of equipment and other assistive the premises, lighting, heating, access, exiting
technologies and more frequent short breaks. • Work organisation: how work is organised and
schedules.
• Physical hazards such as dangerous substances
WORKERS WITH DISABILITIES
for example asthma sufferers may be more
sensitive to chemicals used at work.
There are two definitions of disability. One is found
in the Employment Equality Acts 1980-2011, • Psychosocial hazards such as stress or
which defines disability as meaning employers are bullying: for example disability may be used as
required to provide reasonable accommodation an excuse for bullying.
for employees with disabilities. The other is the
definition in the Disability Act 2005. Risk assessment should be disability-sensitive and
co-ordinated with anti-discrimination actions. They
The HSA, in its publication, Employees with should also take account of individual workers’
disabilities: an employer’s guide to implementing differences, taking into account both the nature
inclusive health and safety practices for employees and extent of the disability and the working
with disabilities, states one in ten Irish workers environment.
suffer from a disability. Disabilities range from the
physical to intellectual or mental health conditions. The HSA guide states a risk assessment should
Examples of disability are impairment of vision and/ take account of particular risks for employees
or hearing, asthma, depression and anxiety. with disabilities and identify is there are any
particular hazards or risks for staff members with
The law, which is reviewed in more detail below, conditions such as restricted mobility, limited
requires employers to ensure that places of dexterity, impaired vision, impaired hearing, limited
work are organised to take account of people understanding, and health conditions such as heart
with disabilities and to make ‘reasonable problems, epilepsy or asthma.
accommodation’ to enable people with disabilities
to have access to employment, to advance in
review of fatality statistics by the HSA shows the • That the control measures required are in
fatality rate among non-Irish workers and Irish place.
workers is about the same.
• That issues affecting older workers and those
with disabilities are brought up and addressed
The rate was:
at safety committee meetings.
• 2.6 per 100,000 Irish workers in 2011 and
• Older workers and those with disabilities
the same among non-national Irish workers
are informed and trained and that if work
• It was 2.3 compared to 2.2 in 2012 practices or work stations need to be adapted
• It was 2.0 compared to 2.9 in 2013. that is done.
• That occupational health services to address
Some years ago the HSA published a report Irish the needs of older and disabled workers are
and non-Irish national construction workers: available.
Research on differences in approach to health
and safety at work. The report can be downloaded
by clicking on the following link. http://www.hsa. RESOURCES/FURTHER INFORMATION
ie/eng/Publications_and_Forms/Publications/
Construction/Irish_and_Non-Irish_National_ HSA guidance
Construction_Workers.pdf. Employees with Disabilities: An employer’s guide
to implementing inclusive health and safety
The HSE-GB guidance webpages on migrant practices for employees with disabilities: http://
workers can be accessed by clicking on www.hsa.ie/eng/employees_with_disabilities.pdf
the following link http://www.hse.gov.uk/
migrantworkers/employer.htm. EU-OSHA
Ensuring health and safety of workers with
disabilities: https://osha.europa.eu/en/
THE ROLE OF THE SAFETY publications/factsheets/53
REPRESENTATIVE
EU-OSHA web pages: https://osha.europa.eu/
The health and safety issues faced by older en/priority_groups/ageingworkers
workers and people with disabilities are complex.
Safety representatives need to be informed HSE-GB
about the complexities. They should ensure that Health and safety of older workers web pages:
the training they receive as health and safety http://www.hse.gov.uk/vulnerable-workers/older-
representatives equips them to deal with the workers.htm
concerns of their co-workers about these issues. If
they feel that the training they have received does Vulnerable workers web pages: http://www.hse.
not adequately prepare them to deal with these gov.uk/vulnerable-workers/index.htm
concerns, they should ask their employer to send
them on further training courses. National Disability Authority
Promoting Safe Egress and Evacuation for
Safety representatives should check their People with Disabilities.
employer’s safety statement to see that the risks
to older workers and workers with disabilities are
adequately addressed. They should check to see if:
• The risk assessment covers the work being
carried out by older workers and those with
disabilities.
CHAPTER 36: the industry, which declined during the Celtic Tiger
CONSTRUCTION years, will increase.
• A doubling by the year 2001 of the number With many of the large scale projects planned
of HSA construction site safety inspections. by the Government awaiting a start date, a lot of
current work is what is described as refurbishment
• A major safety awareness campaign by
and maintenance work. That is where the majority of
the HSA during 2001 to include safety in
fatalities occurred in 2013. Also falls from heights
construction.
are again emerging as a major cause of fatalities,
• The establishment of a joint safety council for accounting for six of the 11 fatalities in 2013.
the industry.
Every year the HSA carries out a considerable
number of inspections in the construction sector.
At the time the fatality rate in the industry was in The figures provide us with an overview of what is
the region of 10 to 11 per 100,000 workers. At happening in relation to health and safety in the
the peak of the Celtic Tiger boom the fatality rate sector (see Table 36.2), while the detailed analysis
had dropped to between five and six per 100,000 of the outcome of inspections published by the
workers. During the recession the rate fell to below HSA provides us with an insight into the causes
five per 100,000 but rose again, reaching 9.8 per of accidents and how health and safety is being
100,000 workers in 2013. It is this increase that managed in the industry (see Table 36.3).
gives rise to the current concerns being expressed. The analysis of the triggers or causes of accidents
However, it should be noted that the numbers killed suggests that the main safety topics are:
in accidents on construction sites fell in 2014. • Manual handling
As the industry emerges from the recession the • Falls on the same level
nature of the work being carried out is changing. • Falls from height.
Fatalities 6 8 11
Fatality rate per 100,000 workers 4.6 6.9 9.8
Accidents/Injuries/Illnesses
HSA reported accidents 454 420 409
Enforcement
Prohibition Notices 195 129 126
Improvement Notices 64 51 66
Written advice 1,451 1,219 1,253
Safety Management
Safety Statement prepared/present 76% 77% 75%
Consultation arrangements 94% 95% 93%
Safety Representative appointed 22% 21% 22%
The Construction Workers Health Trust is the is organised. The details of the regulations are set
best source of information on the health of out in Chapter 11 on Safety Representatives and
construction workers. The Trust was established Safety Committees.
by the Construction Group of Unions attached
to the ICTU. The Trust is dedicated solely to the The results of the HSA inspections suggests that
promotion of better health and lifestyles among there is a high level of consultation by employers
construction workers. with employees but that a safety representative
has only been appointed in one out of five sites.
In a study carried out in 2007, Patterns of Ill At a recent conference in Dublin, where it was
Health Amongst Construction Workers, it stated that the industry is the only one where
was established that the principal causes of the appointment of safety representatives is
absenteeism in the industry were injuries and mandatory, it was claimed that there are 1,500
musculoskeletal disorders. The survey found that safety representatives in the industry. That is about
the average length of illness was, at 22.5 days, one for every 74 workers.
comparatively long.
However, while it may be mandatory to have
In 2013 the Trust examined details of a sample of safety representatives on sites, trade unions find
workers claiming early retirement. The examination that on many sites the appointment of safety
found that 29% of early retirements were due representatives is not encouraged.
to musculoskeletal disorders, 18% to cardiac
conditions and 6% to cancer. The safety representative’s function is to
represent the employees who have selected
A review, by the magazine Health & Safety him/her by making their concerns about health
Review, of inquests at the Dublin City Coroner’s and safety issues known to the employer and
Court into deaths from asbestos found that most by ensuring that the employer takes action to
of those who died from asbestos-related diseases address the concerns expressed by eliminating
were former construction workers. the risks to employees’ health, safety and welfare.
The overall aim of the safety representative has
been described as being: “To help achieve and
THE ROLE OF THE SAFETY influence safe and healthy workplaces to protect
REPRESENTATIVE workers’ health and safety”.
There are specific regulations regarding the The Safety Representatives Facilitation Project is
selection of safety representatives on construction a joint employer trade union forum established to
sites. The regulations reflect the unique promote and support the education and work of
characteristics of how work on construction sites safety representatives.
RESOURCES
HSA resources
The HSA has published 29 guidance documents
on various aspects of construction work. To
access the documents visit: http://www.hsa.ie/
eng/Publications_and_Forms/Publications/
Construction/?pageNumber=3
Fatalities (employee) 0 0 1
Fatality rate per 100,000 0 0 0.7
Accidents/Injuries/Illnesses
HSA reported accidents 153 181 174
Trigger/cause of accident
Falls on same level 25 54 n/a
Manual handling 34 40 n/a
Violence/aggression 16 13 n/a
removing windows. When taking out windows, of €255,276. A High Court judge described her
asbestos boards were found behind the windows. employer’s conduct as persistent inappropriate
The company specialised in fitting aluminium behaviour that undermined the special needs
facades. assistant’s dignity at work and resulted in her
suffering a definite and inappropriate psychiatric
When the final window was taken out an injury.
employee of the company went to place it in a
sealed container. He found the original lock on The HSE-GB’s online guidance identifies a
the container had been replaced by a new lock. number of other issues: school trips, science
He did not have a key for the new lock, so he experiments and sport. The HSE-GB’s advice in
placed the asbestos board on a trestle near the relation to these issues is that health and safety
container. A couple of weeks later a painter came legislation does not prevent such activities and
along and used the board, which he thought was indeed the HSE-GB encourages schools to allow
plasterboard, to level the ground under his ladder. students to take part in school trips, carry out
The asbestos board broke under the weight and science experiments and take part in sports. What
contaminated the school yard. employers should do is carry out risk assessment
and put in place control measures.
The company, Hodgins Aluminium Facades
Limited, pleaded guilty to exposing persons not The HSA’s figures on safety management
in its employment to asbestos during the removal suggest that while the vast majority of schools
and replacement of windows at the school, and have a safety statement and have consultation
was fined €10,000 by the Galway Circuit Criminal arrangements in place, there is scope to increase
Court. the number of safety representatives.
Enforcement
Prohibition Notices 3 1 3
Improvement Notices 4 4 3
Written advice 120 83 30
Safety Management
Safety Statement prepared/present 89% 93% 90%
Consultation arrangements 97% 97% 100%
Safety Representative appointed 53% 59% 57%
RESOURCES
HSA guidance
Table 38.2: Injuries/reported accidents (absence from work for more than three days)
Fatalities 2 3 3
Fatality rate per 100,000 workers 1.1 1.1 0.4
Accidents/Injuries/Illnesses
HSA reported accidents 713 768 817
Causes of accidents
Manual handling 299 302 318
Fall on same level 162 179 169
Fall from height 31 38 40
Enforcement
Prohibition Notices 35 32 39
Improvement Notices 107 112 102
Written advice 941 767 752
Safety Management
Safety Statement prepared/present 60% n/a 59%
Consultation arrangements 83% n/a 85%
Safety Representative appointed 15% n/a 15%
The HSA’s analysis of its inspections suggests the issues that most affect employees and other
that there is scope for improvement in health workers in the healthcare workplaces.
and safety management. At only six in every ten
workplaces inspected was a safety statement As mentioned above, the number of safety
prepared and present at the workplace. And in representatives in the sector is very low.
about 60% of the workplaces inspected some
form of enforcement action had to be taken.
RESOURCES
While it appears consultation arrangements are in
place, the level of safety representatives appointed HSA guidance
is abysmally low.
Simple Safety Toolkit for Retailers
http://www.hsa.ie/eng/Topics/Simple_Safety/
THE ROLE OF THE SAFETY Retail/
REPRESENTATIVE
Workplace transport webpages
The safety representative’s function is to http://www.hsa.ie/eng/Vehicles_at_Work/
represent the employees who have selected Workplace_Transport_Safety/Workplace_
him/her by making their concerns about health Transport.html
and safety issues known to the employer and
by ensuring that the employer takes action to Petrol Station Safety webpages
address the concerns expressed by eliminating http://www.hsa.ie/eng/Your_Industry/Petrol_
the risks to employees’ health, safety and welfare. Stations/
The overall aim of the safety representative has
been described as being: “To help achieve and HSE-GB guidance
influence safe and healthy workplaces to protect Warehousing and storage: A guide to health
workers’ health and safety”. and safety http://www.hse.gov.uk/pubns/priced/
hsg76.pdf
The role and the legal rights of the safety
representative are discussed in detail in Section HSE-GB webpages for retail
4, Chapters 10 to 14. In the healthcare sector http://www.hse.gov.uk/retail/
the safety representative needs to be aware of
CHAPTER 40: sectors are added together, are low for each
INDUSTRY: Manufacturing, individual subsector. Of the four sub-sectors in
Mines and Quarries, Utilities the industrial sector, only manufacturing reports
a significant number of accidents. Coupled with
the diversity of the sub-sectors, this makes
identification of issues less than clear cut.
THE SECTOR
The Central Statistics Office includes manufacturing Across the four sub-sectors, trapped/crush injuries
along with mining and quarry, water/waste and are the main cause/trigger of fatalities, with seven
electricity/gas under the heading ‘industry’ in the of the 16 fatalities attributable to being trapped
figures for employment. The figures for Quarter 3 and crush injuries. Also, vehicles were involved in
2014 show that over 238,000 people are employed a number of the fatal accidents. Other causes/
in the combined industrial sector. If we strip out the triggers include drowning and contact with
number employed in mining and quarry (about 5,000), electricity.
water and waste (about 5,000) and electricity and
gas (about 20,000), it is reasonable to say that over An examination of the reported non-fatal accidents
200,000 work in manufacturing industry. identifies manual handling as the main cause/
trigger of accidents resulting in injury. Falls on the
same level (slips/trips/falls), falls from heights and
HEALTH AND SAFETY ISSUES loss of control of means of transport or handling
The number of fatalities in the industrial sectors, equipment are the next most common causes of
while significant when the figures for the sub- accidents.
Fatalities
Manufacturing 2 0 1
Mining/Quarrying 1 1 2
Electricity/Gas 0 0 1
Water Supply/Waste 3 4 1
Total 6 5 5
Judged by the number of workplaces that were The level of consultation appears high at 90%
found on inspection to have safety statements or more in each of the sub-sectors. However,
prepared, safety could be considered to be well and this is perhaps surprising given that these
managed. However, the figures for enforcement industries have historically (long before the SHWW
measures taken, particularly the number of Act 1989) been regulated industries, often with
written advice notices issues, suggests room for strong trade union representation, the number of
improvement. safety representatives appointed is, while high by
comparison with other sectors, only 37%.
Enforcement (manufacturing)
Prohibition Notices 24 24 23
Improvement Notices 76 65 87
Written advice 678 748 696
Enforcement (mining/quarrying)
Prohibition Notices 5 2 8
Improvement Notices 2 14 15
Written advice 113 118 115
Enforcement (Electricity/Gas)
Prohibition Notices 0 1 1
Improvement Notices 0 1 3
Written advice 13 20 17
Enforcement (Water/Waste)
Prohibition Notices 11 18 9
Improvement Notices 16 13 15
Written advice 143 104 137
CHAPTER 41: The Authority says the three areas are ones where
AGRICULTURE there is a very high risk of injury or death, which
could be reduced almost to zero at very low cost.
It is against this background that the health In one case a waitress who suffered serious burns
and safety issues facing the industry have to be to her leg, after her clothing caught fire while she
considered. was working in a hotel restaurant, was awarded
damages of €65,300 by the High Court. The court
heard that the waitress suffered the injuries when
HEALTH AND SAFETY ISSUES a flammable fuel, an ethanol gel in burners used
to keep food warm, spilled onto the ground and
The sector has, fortunately, in recent years been splashed on the waitress’s polyester trousers,
fatality free. The number of injuries reported each which then went on fire. The court heard that the
year averages about 200. Over the three year waitress suffered serious injuries to her left leg.
period 2011, 2012, 2013 the number of injuries She suffered horrendous blisters on the burn area,
reported totalled 604. which became infected and required antibiotics.
Her wounds had to be dressed regularly.
The HSA’s analysis of the reported accident
figures over the years shows that the most Noting that her injuries had left a permanent scar
common causes or triggers of accidents are: and discoloration and that she would not be able
HEALTH AND SAFETY ISSUES The details relating to the provision of sanitary
facilities are set out in Chapter 2, page 27.
Before the change in the NACE classifications,
what is now classified as Finance/Insurance/Real
Estate was classified as Business: financial-office. THE ROLE OF THE SAFETY
REPRESENTATIVE
Looking at the HSA’s statistical analysis for that
sector the most common causes of workplace The principal issues for safety representatives
accidents WERE: are those identified by the HSA’s analysis of
• Manual handling. the reported accident statistics and by the trade
unions with members in the sector. Beyond that
• Slips/trips/falls. the issues are broadly speaking, the same as for
• Shock/fright/violence of others. safety representative in other sectors. For further
information see Section 4: The Role of the Safety
• Movement by injured person.
Representative.
• Fall from height.
RESOURCES
HSA guidance
In relation to office safety the HSA’s guidance on
Display Screen Equipment and Manual Handling
are particularly relevant.
HSE-GB guidance
The HSE-GB webpages on office safety can be
accessed at: http://www.hse.gov.uk/office/
IBOA guide
The IBOA has published a short guide: A Guide
to Health and Safety in the Workplace for OBOA
Members and Representatives. To access the
guide click on the following link http://www.iboa.
ie/services/safety.html
A country where worker safety, health and welfare and the safe
management of chemicals are central to successful enterprise.
SAFETY REPRESENTATIVES
RESOURCE BOOK