The Gazette 1981

GAZETTE

JANUARY/FEBRUARY 1981

has been revised — a copy must be given to the safety committee, or safety representative if there is no committee. Where there is neither, a copy must be given to every worker. Even though the hazards and therefore the arrangements in every workplace are different, the Act requires that certain elements will be common to all state- ments and specifications of: —"the arrangements for safeguarding the safety and health of such persons"; —"The co-operation required from such persons as regards safety and health"; —"the duties of safety officers (if any)"; —"any safety training facilities which are available"; —"the measures to be taken in relation to dangers so specified arising in relation to risks of such danger". The intention behind this new requirement is to stimulate employers into formulating a safety policy which would be suitable for their premises, not as a substitute for the present legal standards but rather to complement them and even to supplement them. Whereas in some cases the "Safety Statement" may do no more than articulate the measures already being taken, in others the requirement to produce such a written state- ment may stimulate thoughts of newer and better measures. A New Onus on Employers The most far-reaching change introduced by the Act on safety committees and representatives stems from our disappointing experiences up to now. If workers do not wish to appoint the worker members of a safety committee or, indeed, a safety representative, within six months of the coming into operation of the relevant provi- sions, then the employer has a further three months within which to make these appointments. Failure to do so is an offence and the employer can be prosecuted. Hopefully, recourse will not have to be made too often to this Section. Where there are up to twenty workers the employer must appoint a safety representative; where there are over twenty, there must be a safety committee and safety delegates. The persons appointed in this way hold office for three years. Links with Industrial Inspectorate The work of the safety committee and the safety representative is tied in with that of the industrial inspector in two ways. One is the entitlement to accompany the inspector on a normal tour of inspection. The other entitlement now being written into the law for the safety representative and the safety committee (safety officer in a construction site) is the power to request an investigation to be carried out by an inspector as- regards specified danger or potential danger to the safety, health and welfare of workers. The Minister for Labour may cause such an investigation to be carried out if he considers it appropriate and when it is completed he may, if he thinks fit, communicate the outcome to the represen- tative or committee who requested it. (This article was first published in "Scioth " (published by the National Industrial Safety Organisation — NISO} in July 1980 and is reprinted here by kind permission.)

COMMISSION ON SAFETY, HEALTH AND WELFARE AT WORK Mr. Bruce St. John Blake, Solicitor, member of the Council of the Law Society and a Past President, has been nominated as a member of the Commission on Safety, Health and Welfare at Work, established by the Minister for Labour, which Commission under the Chairmanship of Mr. Justice Donal Barrington held its inaugural meeting at the Burlington Hotel, Dublin, on 16 December 1980. The terms of reference of the Commission are: To examine the arrangements made for the safety, health and welfare of people in the course of their employment and to consider: Whether changes are needed in the laws, or in voluntary activities, relating to safety, health and welfare at work, Whether there are adequate safeguards for the public from hazards, other than general environmental pollution, arising in connection with activities in industrial and commercial premises, construction sites and the transport of dangerous substances, and to make recommendations. The full membership of the Commission is as follows: Chairman Mr. Justice Donal Barrington. 1 Employer Members Mr. Dermot P. Brady, Plant Manager, Olin Chemicals B.V. Mrs. Clare Carroll, Secretary, Legislation Committee, Federated Union of Employers. Mr. Joseph Osborne, Managing Director, Camac Cask Company Ltd. Mr. Allen Wilson, Training Executive, Construction Industry Federation. Trade Union Members Mr. Peter Cassells, Secretary, Protective Legislation Committee, Irish Congress of Trade Unions. Mr. John Hall, National Secretary, Association of Scientific, Technical and Managerial Staffs. Mr. Peter Keating, Branch Secretary, Federated Workers Union of Ireland. Mr. Donal O'Sullivan, Industrial Engineering Officer, Irish Transport and General Workers Union. Members from Central and Local Government Mr. Brian Campbell, Principal Officer, Department of the Environment. Mr. Patrick Gleeson, Clare County Engineer. Mr. Michael McLoughlin, Agricultural Inspector, Department of Agriculture. Mr. Noel Morrison, Industrial Inspector, Department of Labour. Miss Margaret O'Callaghan, Industrial Inspector. Department of Labour. Other Members Mrs. CarFie Acheson, Mayor of Clonmel. Mr. Bruce St. John Blake> Solicitor. Mr. Thomas Kearney, Farmer. Dr. Daniel Morphy, Medical Officer, E.S.B. Dr. Breda Scanlon, Area Medical Officer, Midland Heahh Board. Mr. Merlin Stanley, Farmer. Secretary The Secretary of the Commission is Mr. Maurice Cashelt- of the Department of Labour who has been seconded to the Commission.

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