The Safety, Health & Welfare at Work Act(s), 1989 (& 2005) Augustine O Connell Draft Presentation Bill not yet signed into law.

Slides:



Advertisements
Similar presentations
SESSION 8 TITLE 4 – HEALTH PROTECTION, MEDICAL CARE,WELFARE AND SOCIAL SECURITY PROTECTION.
Advertisements

Health and Safety Chapter 10.
This presentation has been made available to the Uniting Church SA by Vivienne St. John Robb from Viv it up! (Corporate training and development with a.
1 POINTS OF LAW NEEDLESTICK INJURIES CONFERENCE 2006 Dr Kieran Doran P J O’Driscoll & Sons Solicitors 73 South Mall Cork City.
MANAGING CONTRACTORS PERSPECTIVES FROM THE MHSA. copyright reserved 2003, department, company INTRODUCTION More work is being outsourced to contractors.
Hazard Prevention Program
Monash OHS Conference 2014 Dr K Wheelwright What’s law got to do with it? Duty holders under the OHS Act 2004 (Vic)
Elf n safety – a waste of time? Jim King Principal Inspector HSENI.
Safety Health & Welfare at Work Act 2005 A working perspective.
Health and safety at work
Health and Safety.
Safety Solutuins Safety Seminar 8 th January 2013.
CEIST Presentation 29th November 2007
ICAEW Health and Safety for Insolvency Practitioners - how to stay out of jail Simon Joyston-Bechal 24 October
Health & Safety Risk Assessments.
1 CHCOHS312A Follow safety procedures for direct care work.
Alcohol and Drugs in the Workplace Legal aspects: –Health and Safety at Work etc Act 1974 (HSW Act) –Management of Health and Safety at Work Regulations.
Occupational Health, Safety & Environment Training OHS Responsibilities and Duty of Care.
CONTRACTORS/VISITORS HEALTH & SAFETY INDUCTION
The Management of Health & Safety at Work Regulations 1999
SESSION TWO LEGAL REQUIREMENTS
Health & Safety at Work Cameron Dearden & Sinéad Watt.
TRAINING SOLUTIONS SHERQMAT For more information contact Victoria: (Tel) (Fax) ( )
THE NATIONAL SITUATION ON THE HEALTHAND THE SAFETY AT WORK in Poland prepared by: Małgorzata Żydło Danmar Computers.
Beachcroft Wansbroughs What happens if we get it wrong? Barrie Hall Solicitor.
Torrington, Hall & Taylor, Human Resource Management 6e, © Pearson Education Limited 2005 Slide 22.1 Protection from Hazards Conflict between needs for.
Copyright  2005 McGraw-Hill Australia Pty Ltd PPTs t/a Human Resource Management in Australia 2e by De Cieri, Kramar, Noe, Hollenbeck, Gerhart & Wright.
What is it? Why it is so important?
ARH & ASSOC. HUMAN RESOURCES CONSULTANTS. RISK ASSESSMENT EMPLOYERS ARE REQUIRED TO CONDUCT A RISK ASSESSMENT TO DETERMINE THE RISKS OF WORKPLACE VIOLENCE.
Safety Health & Welfare at Work Act 2005 Guidance for Employers and Business Managers.
Level 2 Award in Employability Skills
Work Health and Safety (National Uniform Legislation) Act and Regulations NT WorkSafe Anna McGill.
Occupational Health & Safety Ambition in Action Aim of this training /Overview of the responsibilities for OH&S – particularly for.
HR Legislation Update: AODA Integrated Accessibility Standards and Bill Facilitated by: Melissa Magder – Director.
Field Trips – Legal liability Tom Baker Beachcroft LLP.
Health and Safety Policy
Health & Safety At Work.
The FPP Test What you (or your students) need to know Flight Training Division Presentation AIA Aviation Week Conference July 2011.
12 Health and Safety Legislation
Ergonomics Regulatory Requirements Bawan Saravanabawan, Labour Program, HRSDC February 4, 2008.
hansen – managing safely Risk Assessment - An Appreciation Mark Mallen Health and Safety Manager Fenlock-Hansen Ltd.
Health & Safety Awareness - The basics. Sharon Currie Robert Fisher HWL Advisers (OH&S)
OHS Seminar DO THE TIME – avoid the crime! Miles Crawley 8 June 2007.
Hansen – Managing Safely 1 Risk Assessment for Responsible Managers and Lead Assessors Mark Mallen Health and Safety Manager Fenlock Hansen Ltd.
Draft Guidelines on Assaults for Schools INTO Special Education Conference Croke Park, 8 th December 2012.
Data Protection: Workplace, Health and Safety. Employers’ responsibilities Employer obliged to provide safe place of work. Health and Safety Act 2004.
Needlestick Injuries Conference 2006 An Inspector’s Perspective 22nd April 2006 Róisín McEneany Senior Inspector.
Government of Western Australia Department of Mines and Petroleum Please read this before using presentation This presentation is based on content presented.
NPF MANAGERS OHS ACCOUNTABILITY HS3_ AGENDA 2 Reference Accountabilities.
TOOL BOX TALKS Harmonisation of OHS Legislation Note: this is preliminary info with more being available later in the year or early next year including.
Be Prepared For Change Are you Prepared?. Be Prepared For Change Are you Prepared?
Safety Training - Unit Management Why it is essential, who needs it and how to go about it February 2015 Dr Emer Bell Integrated Risk Solutions.
Roles & responsibilities Involving staff in safety management December 2015 Dr Emer Bell Integrated Risk Solutions.
OCCUPATIONAL HEALTH & SAFETY Introduction OCCUPATIONAL HEALTH & SAFETY ACT 2001 Outlines the duties of workplace parties and includes a framework for.
Lone Working – Good Practice Marie Foster Early Years Safeguarding Officer.
Every employer must ensure, as far as is reasonable practicable, the health, safety and welfare of all his employees More specifically, employers must.
Overview Role and function of the Authority
Leading transport safety
Jamie McPherson Partner – MVM Legal
Accountability and Delegation Medicines Management
Health and Safety Policy
Risk Based Thinking in Health & Safety
Leading transport safety
Leading transport safety
Leading transport safety
Safety plan.
Health and Safety Training for Managers Part 1
Health and Safety Law Module 4.
Neopay Practical Guides #2 PSD2 (Should I be worried?)
Manual Handling How to ensure you use safe lifting techniques
Presentation transcript:

The Safety, Health & Welfare at Work Act(s), 1989 (& 2005) Augustine O Connell Draft Presentation Bill not yet signed into law

H&S Began as a review / Amendment to 1989 act Significant changes Changes to general duties Outline of H&S

Overview of Bill Definition of competent person Definition of reasonable practicable General duty to manage work activities Intoxicates staff Safety Statement: managing safely and annual review Civil liability for breach of all duties

Safety Statement Sections 18 – 24 (Sec 12 & 1993 Regs.) Safety Statement – securing & managing safety Content to be more detailed than 89 Act Risk Assessment: integrated & implemented for all activities & levels of the place of work Annual review Sector (> 3 employees)

Criminal Offences 89 Act – breaches of general duty –District Court; €1900 (max) –Circuit Court; (Judge & Jury) unlimited fine and / or custody 2004 Bill - breaches of general duty –District Court; €3000 and/or 6 months –Circuit Court; €3m and/or 2 years Case: Smurfit News Print (2004) €1m fine

Conclusions Must have corporate governance (result of last three weeks lectures) Note increase in penalties Change to managing Safety, Health & Welfare Importance of internal procedures (Governance) Prevention Culture (also assessment of health risks – e.g. Stress, bullying)

General Duty of Employer to Employees Sec 8 (Sec 6) Manage & conduct work activities to ensure objective of Act (S,H&W) Prevent improper conduct or behaviour New Specific risks: Noise, vibration, radiation & other physical agents Impose the general principles of prevention Report prescribed accidents to HSA

General Duty of Employer to persons other than Employees Sec 12 & 15 (Sec 7 & 8) Sec 12: Manage & conduct work activities to ensure objective of Act (S,H&W) Sec 15: places, access/egress equipment Sec 20: ensuring contractor’s safety statement is up to date (‘prescribed activities)

General Duty of Employees Sec 13: (sec 9) Not intoxicated Submit to reasonable retests by a medical practitioner who is a competent person (likely to have a Constitutional case on Bodily Integrity) Draft Regs. See Railway Safety Bill for comparison (DETE v. D. Transport)

Amendments to Bill Intoxication tests by doctor Corporate killing: LRC Recommendation Draft Regs. on Intoxication Regulatory Impact Assessment / Competitive Assessment Level of fines

Definition of Competence Sec. 8 & 18 – employer must engage at least one competent person Sec. 2 – ‘Training, experience & knowledge’ taken into account in 89 Act FETAC Framework Existing qualifications

Definition of Reasonable Practicable European Commission queries Case Law Article 5.4 of framework Directive Sec 2(6) of Bill –Exercised all due care –Protective & preventive measures –Hazard & Risk assessment / identification –Where the measures to be taken would be grossly disproportionate having regard to unusual, unforeseeable and exceptional nature Onus of Proof