SAFETY, HEALTH AND WELFARE AT WORK ACT 2005
REVISED
Updated to 26 November 2019

 


 

 

PART 1
Preliminary and General

Section
1. Short title and commencement.
2. Interpretation.
3. Service of notices, etc.
4. Repeals and savings.
5. Expenses.
6. Application of relevant statutory provisions to certain public service activities.
7. Application of relevant statutory provisions to self-employed persons.

PART 2
GENERAL DUTIES
 

Chapter 1
General Duties of Employer
8. General duties of employer.
9. Information for employees.
10. Instruction, training and supervision of employees.
11. Emergencies and serious and imminent dangers.
12. General duties of employers to persons other than their employees.

Chapter 2
General Duties of Employee and Persons in Control of Places of Work
13. Duties of employee.
14. Interference, misuse, etc.
15. General duties of persons in control of places of work, etc.

Chapter 3
General Duties of Other Persons
16. General duties of designers, manufacturers, importers and suppliers of articles and substances.
17. Duties related to construction work.

PART 3
Protective and Preventive Measures

18. Protective and Preventive Measures.
19. Hazard identification and risk assessment.
20. Safety statement.
21. Duty of employers to co-operate.
22. Health surveillance.
23. Medical fitness to work.
24. Joint safety and health agreements.

PART 4
Safety Representatives and Safety Consultation
25. Safety representatives.
26. Consultation and participation of employees, safety committees.
27. Protection against dismissal and penalisation.
28. [ Decision of adjudication officer under section 41 of Workplace Relations Act 2015.]
29. [ Decision of Labour Court on appeal from decision referred to in section 28.]
30. Enforcement of determinations of Labour Court.
31. Evidence of failure to attend before or give evidence or produce documents to Labour Court.

PART 5
The Authority

Chapter 1
The Authority
32. Continuance in being of Authority.
33. Minister may prescribe persons to perform certain functions.
33A. Transfer of accreditation from Forfás
34. Functions of Authority.
35. Conferral of additional functions on Authority.
36. Establishment of subsidiaries.
37. Membership of Authority.
38. Advisory committees.
39. Chief Executive.
40. Consultants and advisers.
41. Disclosure of certain interests by members of Authority.
42. Disclosure of certain interests by members of staff of Authority.
43. Strategy statement.
44. Work programme of Authority.
45. Grants to Authority.
46. Power to borrow.
47. Fees for services, etc.
48. Accounts and audits.
49. Attendance before Committee of Public Accounts.
50. Attendance before other committees of Houses of the Oireachtas.
51. Reports and information to the Minister.

 

Chapter 2
Staff of Authority
52. Staff of Authority.
53. Remuneration of staff of Authority.
54. Transfer of officers etc., to Authority.
54A. Transfer of certain members of staff of Forfás to Authority
55. Code of conduct.
56. Superannuation of staff of Authority.

Chapter 3
Irish National Accreditation Board

56A. Irish National Accreditation Board
56B. Transfer of property to Authority
56C. Transfer of rights and liabilities
56D. Liability for loss
56E. Provisions consequent upon transfer of assets and liabilities to Authority
56F. Records
56G. Appeals Board
56H. Appeal to Appeals Board
56I. Disclosure of certain interests by members of Accreditation Board

PART 6
Regulations, Codes of Practice and Enforcement

Chapter 1
Regulations and Codes of Practice.
57. Review of legislation.
58. Regulations.
59. Miscellaneous adaptations.
60. Codes of practice.
61. Use of codes of practice in criminal proceedings.

Chapter 2
Enforcement
62. Authorisation of inspectors.
63. Medical examinations.
64. Powers of inspectors.
65. Directions for improvement plan.
66. Improvement notice.
67. Prohibition notice.
68. Contravention of prohibition notice — application to High Court.
69. Notices to be displayed.
70. Investigations and special reports.
71. Order of High Court as to use of place of work.

Chapter 3
Obtaining and Disclosure of Information
72. Power to require information.
73. Prohibition on unauthorised disclosure of confidential information.
74. Amendment of Freedom of Information Act 1997.
75. Disclosure of information.
76. Disclosure of information by inspector in certain circumstances.

PART 7
Offences and Penalties

77. Offences.
78. Penalties.
79. Provisions regarding certain offences.
80. Liability of directors and officers of undertakings.
81. Onus of proof.
82. Prosecution of offences.
83. Appeals from orders.
84. Evidence.
85. Publication of names of certain persons.

PART 8
Miscellaneous

86. Indemnification of inspectors, etc.
87. Powers of officer of customs and excise to detain articles, etc.
88. Licences.
89. Amendment of National Standards Authority of Ireland Act 1996.

SCHEDULE 1
Associated Statutory Provisions
SCHEDULE 2
Existing Enactments
SCHEDULE 3
General Principles of Prevention
SCHEDULE 4
Safety Committees
SCHEDULE 5
The Authority
SCHEDULE 6
The Chief Executive
SCHEDULE 6A
Irish National Accreditation Board
SCHEDULE 7
Regulations