Previous Page  12 / 298 Next Page
Information
Show Menu
Previous Page 12 / 298 Next Page
Page Background

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.

12