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Legislation

In order to ensure clients comply with the legislation, we ensure that all of our services are fully integrated and customised. For example, an OHS audit will have traceable corrective actions designated to specific individuals. This results in a paper trail for all activities. By doing this we are ensuring that clients are able to show at all times that they were managing OHS as required.

While the broad thrust of the 1989 Act is retained in the 2005 Act, a number of significant changes have been introduced:

• An expanded general duty on employers, which now includes a duty to manage work activities so that they do not endanger persons at work (whether employees, contractors, contractor’s employees, members of the public etc.)
• A change in the employer’s duties to make it an offence to require an employee to work in a situation of serious and imminent danger or to engage in harmful conduct (which seems to cover stress and bullying)
• The first ever statutory definition of ‘reasonably practicable’
• A requirement to train employees where a risk assessment states that should that such training was required. Training records and validation of the training will be essential.
• A provision that employees, while at work, must not be under the influence of ‘an intoxicant’ which includes illegal drugs as well as alcohol
• A definition of competency, linked to the NVQ system being developed by FETAC, the Further Education and Training Authority. This will be important when engaging in the selection process for Health and Safety professionals.
• Incorporation into the Act of many provisions currently in the General Application Regulations 1993 and 2003, such as the requirement that risk assessments must be in writing and periodically evaluated
• The safety statement must specify how safety is managed and be reviewed annually
• A provision for joint safety and health agreements between employers and employees
• A profound change in the way in which dispute resolution about health and safety will be dealt with e.g. in the event of disagreement at workplace level, appeals may be brought to a rights commissioner in the Labour Relations Commission
• Failure to comply with many of the general duties in the 2005 Act carry the potential of a prison term of up to 6 months even on conviction in the District Court, with up to 2 years imprisonment and/or a maximum fine of up to €3million on conviction on indictment
• On the spot fines up to €1,000 have also been included in the Act.