The Law

Overview

There are many pieces of Health and Safety Legislation in Ireland, two key pieces of legislation that apply to all workplaces are:

1. The Safety, Health and Welfare at Work Act 2005 (The Act).
2. The Safety, Health and Welfare at Work (General Application) Regulations 2007-2023. We will refer to this as The General Application Regulations.

What is the Safety, Health, and Welfare at Work Act?

The Act sets out the main requirements for ensuring workplace safety, health and welfare.

A Short Guide to the Safety, Health and Welfare at Work Act 2005 is available.

Who does The Act apply to?

The Act applies to:

• all places of work, regardless of the number of employees, and
• employers, employees and the self-employed.

It provides the legal framework for managing workplace health and safety and sets out duties for both employers and employees.

What duties do employers have under The Act?

At the core of The Act is the requirement to:

• carry out risk assessments, and
• prepare a written health and safety document called a safety statement.

Employers, including self-employed people, are also responsible for creating and maintaining a safe and healthy work environment.

Employers’ duties cover:

• managing and carrying out work activities safely;
• preventing improper conduct or behaviour, for example, violence, bullying or horseplay at work;
• designing, providing and maintaining safe workplaces, safe means of workplace access and egress, and safe plant and machinery;
• keeping employees who are exposed to noise, vibration, ionising or other radiation or other physical agents safe;
• providing safe systems of work;
• providing adequate welfare facilities, for example, toilets, showers, wash basins;
• providing information, training, instruction and supervision;
• identifying hazards, completing risk assessments and putting in place preventative measures;
• providing and maintaining Personal Protective Equipment (PPE) where risks cannot be prevented or otherwise adequately controlled;
• preparing emergency plans;
• reporting accidents (involving over three days’ absence) and dangerous occurrences to the HSA; and
• obtaining a competent person's services to help ensure their employees' health and safety.

Employers' duties apply to all employees, including those with fixed-term or temporary contracts.

Any measures taken by the employer for health and safety reasons must not cost their employees financially.

What duties do employees have under The Act?

Employees, including part-time or temporary employees, must:

• comply with the health and safety law;
• take reasonable care to protect their safety, health and welfare and that of

others who may be affected by their actions at work;

• not to be under the influence of drugs or alcohol to the extent that they endanger their safety, health and welfare at work or that of anyone else;
• co-operate with their employer or any other person, as necessary, to help them comply with safety and health legislation;
• not engage in improper conduct or other behaviour such as violence, bullying or horseplay, which could endanger their safety, health and welfare or that of any other person;
• attend training and complete assessments as required;
• correctly use work equipment (including PPE) provided;
• report any defect in the place of work, the systems of work or work equipment or substance that could endanger them or another person; and
• not misrepresent their level of training when starting a work contract.

What are the General Application Regulations?

The Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2023 are a cornerstone of Ireland's workplace health and safety legislation.

They apply to all workplaces and cover a wide range of topics to ensure employees' safety, health, and welfare.

Topics covered include:

• the workplace,
• work equipment,
• PPE,
• manual handling,
• display screen equipment (VDUs),
• electricity,
• work at height,
• noise,
• vibration,
• the protection of sensitive risk groups (children and young persons; pregnant and post-natal employees; night workers and shift workers),
• safety signs,
• first aid,
• explosive atmospheres,
• artificial optical radiation,
• pressure systems,
• woodworking machines,
• abrasive blasting of surfaces, and
• reporting accidents and dangerous occurrences.

The HSA have created a series of guides to provide more information on sections of the General Application Regulations.