The Gazette 1989

GAZETTE.

SEPTEMBER 1989

before a judgment on this issue is possible. Nevertheless, it must be recognised that the Act represents a radical departure from past practice and offers a hope that the unacceptably high toll of industrial accidents can be reduced. We take the view that when this Act is implemented the law on health and safety will no longer be a stumbling block in the way of increased safety and health at work. The legal parameters have been set in a very reasonable manner. Employers, workers and inspectors must now secure the objectives set. References 1. Report of the Committee on Health & Safety at Work 1970-72 (the Robens Report) CMWD 5034 Report of the Commission of Inquiry on Safety Health & Welfare at work 1983 (the Barrington Report) P1 1868 2. It is even evident that ILO Convention No 152 is based heavily on the Robens principles - one of the architects of the report has referred to it as "Robens re-visited". 3. Paragraph 17.5 4 . The introduction of measures to encourage improvements in the safety and health of workers in the workplace (New Framework Directive) The minimum safety and health requirements for the workplace (1st Individual Directive) The minimum safety and health require- ments for the use by workers of machines, equipment and installations (2nd Individual Directive) The minimum safety and health requirements for the use by workers of personal protective equipment (3rd Individual Directive). 5. It is envisaged that the existing Safety Committee structure will continue where it operates successfully but the system will no longer be based on statutory requirements. 6. At least seventeen separate offences arise out of the provisions of the Act itself.

and 36. Under Section 35 inspectors are given the power to serve an improvement direction on a person in control of premises where he is of the opinion that activities involve or are likely to involve risk to safety and health of any person. The direction requires the person in control to submit an improvement plan to the inspector w i t h in a specified time. The inspector may direct that the plan be revised if he is not satisfied with the remedial action proposed. A closely related power is provided for in Secion 36 which allows the inspector to issue an improvement notice where he is of the opinion that a person is con- travening or has contravened any of the statutory provisions. The notice directs the person to remedy the contravention in question. A right of appeal to the District Court is provided for. These provisions of the Act are new to Irish law. They are further supported by Section 37 of the Act which allows the inspector to serve prohibition notices where he is of the opinion that activities involve or are likely to involve a risk of serious personal injury to persons at any place of work. Similar provisions existed under Section 11 of the 1980 Act but an important differ- ence lies in the fact that under that Act only the Minister for Labour had the power to issue the notice. That restriction may account for the fact that the power was very rarely if ever used. 7 The prohibition notice prohibits the carrying on of the activities specified in the notice. Given the new range of remedies provided for, the inspectors are clearly in a better position to secure an improvement in standards of safety and health in industry. It seems likely that they will make considerable use of the powers con f er red by Section 35 in particular. For persons whose traditional approach has been per- suasive rather than coercive the improvement notice or direction is an effective and compatible en- forcement device. The Act is much stronger as a result of its adoption. Conclusion The measure of the success of this piece of legislation will be its impact on workplace health and safety. It will be a number of years

LAW SOCIETY TIES

Colours available NAVY WINE DARK GREEN

100% SILK

Price £16 . 50 (incl. VAT & Post) Contact: A c c o u n t s D e p t . , B l a c k b a l l P l a c a , D u b l i n 7 .

7. This compares very unfavourably with the UK where roughly 4 0 00 prohibition notices are served under the equivalent provisions (Section 22) of the Health and Safety at Work Act 1974. * Declan Madden and John

Brennan are Solicitors with the Federated Union of Employers. • EMPLOYMENT OPPORTUNITIES The Law Soc i e ty wi shes to advise t hat t hrough its Emp l oyment Register, it facilitates Solicitors currently seeking emp l oyment or con t emp l a t i ng a change of present emp l oymen t. For fur ther details cont ac t: M I R I A M A . W A L S H , E D U C A T I ON O F F I C E R ,

T H E L AW S O C I E T Y , B L A C K H A L L P L A C E , D U B L I N 7 .

307