Safety Health & Welfare at Work Act 2005 A working perspective

Management of Health & Safety  ‘Managing & Conducting’  Safety Statement  Management Systems  Behaviour  Employee  Employer  Students?

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

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

Competent person  Employers duty  ‘Knowledge, experience & training’  Appointment  Internal vs. external  Job specification  Role of safety manager/advisor/coordinator  Responsibilities

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

Hazard Identification  Competent assessment  Forseeability  Hierarchy of control  New hazards  noise, vibration and radiation  Sensitive groups & inexperienced workers

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

Consultation with Employees  Demonstrate means of consultation  ‘in advance’  Safety representative(s)  Safety committees

Penalisation & protection  Empowerment?  Serious & imminent danger  Dismissal  Procedures & policies  Referral to rights commissioners  Labour Court

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

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?