Health & Safety Act

25-01-10

The Safety, Health and Welfare at Work Act, 2005 is the main piece legislation providing for the health and safety of people in the workplace. Its primary focus is on the prevention of workplace accidents, illnesses and dangerous occurrences. The Act applies to all employers, employees (including fixed-term and temporary employees) and self-employed people in their workplace. The Act sets out the rights and obligations of both employers and employees and provides for substantial fines and penalties for breeches of the health and safety legislation. This article will examine the Act under a number of headings in order to clearly define the obligations of both the employer and the employee when it comes to health and safety in the work place.

Employer Duties

The duties of the employer are found under section (8) of the Act. Every employer has a duty to ensure their employee’s safety, health and welfare at work as far as is reasonably possible. In order to prevent workplace injuries and ill health each employer is required to;

• Provide and maintain a safe workplace which uses safe plant and equipment
• Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration
• Prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk
• Provide instruction and training to employees on health and safety
• Provide protective clothing and equipment to employees
• Appoint a competent person as the organisation’s Safety Officer

It is important to note that under the Act; every employer is required to carry out a “risk assessment” on the workplace. This assessment should identify any hazards in the workplace, assess the risks arising from such hazards, and identify the steps to be taken to deal with any risk. A safety statement which is based on the risk assessment must then be prepared by every employer. This statement should contain the details of the personnel who are responsible for safety issues. Employees must be given access to this statement and employers must unsure that it is reviewed on a regular basis.

The possibility of violence towards employees should also be addressed in the safety statement. Factors like the isolation of employees and the presence of cash on the premises needs to be taken into account. Proper safeguards should be put in place to eliminate the risk of violence. The employee should be provided with appropriate means of minimising the risk, for example security glass.

An employer should also carry out a separate risk assessment in relation to an employee under 18 years of age. This risk assessment should be carried out before the young person is employed. If certain risks are present, including risks that cannot be recognised or avoided by the young person due to factors like lack of experience, the young person should not be employed.

Employee Duties

In addition, each employee has a number of duties to adhere to under health and safety legislation while at work. These obligations are detailed in Section (13) of the Act and require each employee to;

• To take reasonable care to protect the health and safety of themselves and of other people while in the workplace
• Not to engage in improper behaviour that will endanger themselves or others
• Not to be under the influence of drink or drugs in the workplace
• To undergo any reasonable medical or other assessment if requested to do so by the employer
• To report any defects in the place of work or equipment which might be a danger to health and safety

Pregnant Employees

Employers should carry out separate risk assessments in relation to pregnant employees. If there are risks to an employee’s pregnancy these should be removed or the employee moved away from them. Section 18 of the Maternity Protection Act 1994 states that if neither of these options is possible, the employee should then be given health and safety leave from work, which may continue up to the beginning of the maternity leave. In relation to night work, if a Doctor certifies that night work would be unsuitable for a pregnant employee, the employee must be given alternative work or health and safety leave. When an employee returns to work after maternity leave, if there is any risk to the employee because she has recently given birth or is breastfeeding it should be removed. If this is not possible the employee should be moved to alternative work. If alternative work is not possible the employee should be given health and safety leave. If night work is certified by a Doctor as being unsuitable after the birth, alternative work should be provided. If alternative work cannot be provided, the employee should be given health and safety leave.

Time spent on health and safety leave must be treated as though the employee is in employment, as a result this time can be used to accumulate annual leave and public holiday entitlements. During health and safety leave, employers must pay employees their normal wages for the first three weeks, after this period Health and Safety benefit may be claimed.

Reporting

All accidents in the workplace should be reported to the employer, who should record the details of the incident. An employer is obliged to report any accident that results in an employee missing three consecutive days at work to the Health and Safety Authority.

Protective Equipment

Employers must inform employees about any risks that require the wearing of protective equipment. The employer should provide protective equipment for example protective clothing, headgear, footwear, eyewear and gloves together with training on how to use it. The protective equipment should be provided free of charge to employees if it is intended for use at the workplace only. There is a duty on each employee to take reasonable care for his/her own safety and to use any protective equipment supplied.

Bullying & Harassment

Another employer’s duty is to prevent improper conduct or behaviour (which includes bullying). An employer should have established procedures for dealing with complaints of bullying in the workplace and deal with such complaints immediately. Ignoring complaints of bullying could leave an employer open to a possible claim for damages by an employee. It is advisable for an employer to have an established grievance procedure to deal with complaints of bullying. Please view our previous article on bullying found at newsweaver.ie/hrplus/e_article001127053.cfm for further information. Under the Safety, Health and Welfare at Work Act 2005, an employee cannot be victimised for exercising his/her rights i.e. making a complaint. The employer cannot penalise an employee by dismissal, by disciplinary action or by being treated less favourably than other employees.

If you require any further assistance or clarification on any of above points please contact us on 01 676 0006.

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