HSA and its Activities

Who we are
The Health and Safety Authority is the national body in Ireland with responsibility for securing health and safety at work. It is a state-sponsored body, established under the Safety, Health and Welfare at Work Act, 2005 and it reports to the Minister for Enterprise, Trade and Employment.

What does the HSA do?
The HSA has an overall responsibility for the administration and enforcement of health and safety at work in Ireland. The HSA monitors compliance with legislation at the workplace and can take enforcement action (up to and including prosecutions). We are the national centre for information and advice to employers, employees and self-employed on all aspects of workplace health and safety. The Authority also promotes education, training and research in the field.

Because safety is everybody‘s responsibility there is always wide consultation with employers, employees and their respective organisations. To help develop sound policies and good workplace practices the authority works with various Advisory Committees and Task Forces, etc. which focus on specific occupations or hazards.

The staff of the HSA provide the following services to employers, employees and the public:

• promote good standards of health and safety at work
• inspect all places of work and monitor compliance with health and safety laws
• investigate certain serious accidents, causes of ill health and complaints
• carry out and sponsor research on health and safety at work
• publish codes of practice, guidance and information
• provide an information service during office hours
• develop new laws and standards on health and safety at work

What products do the HSA endorse?
The HSA are not in a position to specifically endorse products. However, if a product is beneficial to workers‘ safety and health, and it complies with relevant Irish and European Standards, the Authority certainly encourage the use of such.

What is the difference between the Guidelines issued by the Authority and Codes of Practice?   Do either have a legal standing?
From time to time, the Authoritiy publishes Guidelines, Guides and Codes of Practice. In relation to Guidelines, these typically outline key parts of regulations and are designed to give general guidance to both employers and employees.  The aim of such Guidelines is to assist in the understanding and implementation of the regulations in question. Any such Guidelines are not intended as a legal interpretation of those regulations. Similarly, Guides are issued by the Authority for the purpose of clarifying provisions of the law and to give general guidance also. They are not intended as a legal interpretation.

Codes of Practice provide practical guidance to employers, employees and other concerned parties as to the observance of the safety, health and welfare legislative requirements. Such Codes of Practice have obtained the consent of the Minister of State at the Department of Enterprise, Trade and Employment.

Regarding the use of a Code of Practice in criminal proceedings, where it is proved that any act or omission of the defendant that is alleged to have constituted the contravention is either a failure to observe a Code of Practice or is compliance with that Code of Practice, such failure or compliance is admissible in evidence.

However, it should be noted that Codes of Practice are not part of the law itself, i.e. the relevant statutory provisions. Their purpose is to provide practical guidance on the observance of those provisions.If a person adheres to the guidance provided in a relevant Code of Practice, this can be used during a safety and health prosecution by him or her in support of his or her claim of compliance with relevant safety and health legislation.

A person may also be able to comply with the law by adopting alternative measures to those set out in a Code of Practice, provided that those alternative measures achieve the objective of the statute or Regulation to which the Code of Practice relates. However, in a safety and health prosecution the onus of proof would be on that person to show that the measures taken were appropriate.