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Safety Health & Welfare at Work Act 2005 A working perspective
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Management of Health & Safety ‘Managing & Conducting’ Safety Statement Management Systems Behaviour Employee Employer Students?
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Employers Duties Managing and conducting Prevent improper conduct Design provision and maintenance Safe access & egress Plant & machinery Article & substances Noise/vibration/radiation Planned systems of work Safe systems of work Welfare facilities Information, instruction, training and supervision Risk Assessments Principles of prevention Protective Equipment Emergencies plans (serious & imminent danger) Reporting accidents Competent persons
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Employees Duties Comply with statutory provisions Reasonable care for self & others Intoxicants Submit to tests Co-operate Improper conduct Attend training Correct use of articles and substances (ppe) Report defects Work/systems/article/ Substance/contravention Misrepresentation Interference/misuse
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Competent person Employers duty ‘Knowledge, experience & training’ Appointment Internal vs. external Job specification Role of safety manager/advisor/coordinator Responsibilities
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Safety Statement ‘Review where necessary’ Accountability Language likely to be understood Extracts where necessary Preventative arrangements Other persons at the place of work Emergency plans
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Hazard Identification Competent assessment Forseeability Hierarchy of control New hazards noise, vibration and radiation Sensitive groups & inexperienced workers
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Emergencies & serious danger Right to refuse to work Anticipated foreseeable serious risks Emergency plan Not just fire! Instruction, training information Mandatory requirements Fire fighting, first aid, evacuation of persons Inform employees
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Consultation with Employees Demonstrate means of consultation ‘in advance’ Safety representative(s) Safety committees
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Penalisation & protection Empowerment? Serious & imminent danger Dismissal Procedures & policies Referral to rights commissioners Labour Court
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Offences & Penalties Onus of proof reversed for main duties “...it shall be for the accused to prove...” Summary conviction €3000 (6months) / charge Conviction on indictment €3,000,000 limit & < 2 years prison Directors liability including managers or other officers may be prosecuted
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What Can Employers Do? Good Risk Management Integrate H&S with RM Look at loss in its entirety Know where responsibility rests Make sure others do as well! Safety versus compliance?
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