Safety Health & Welfare at Work Act 2005 A working perspective.
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Presentation on theme: "Safety Health & Welfare at Work Act 2005 A working perspective."— Presentation transcript:
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?