The Gazette 1993

GAZETTE

MWH

DECEMBER 1993

; The general obligations on employers

! are elaborated in Article 6 of the

! Framework Directive (also to be

; found in Article 5 and the First

j Schedule of the Irish Regulations).

! Certain general principles of

; prevention are listed in a systematic

manner for employers to implement:

(a) avoiding risks;

(b) evaluating the risks which cannot

be avoided;

i (d) adapting the work to the

individual, especially as regards

the design of work places, the

choice of work equipment and the

choice of working and production

methods, with a view, in

particular, to alleviating

monotonous work and work at a

predetermined work-rate and to

reducing their effect on health;

(e) adapting to technical progress;

(f) replacing the dangerous by the

non-dangerous or the less

dangerous;

(g) developing a coherent overall

prevention policy which covers

technology, organisation of work,

working conditions, social

relationships and the influence of

factors related to the working

environment;

; (h) giving collective protective

measures priority over individual

protective measures;

i (i) giving appropriate instructions to

the workers.

The employer is required to take the

necessary measures to ensure the

safety and health protection of

i workers on the basis of these

I principles. These are onerous

| responsibilities on all employers,

large and small and require careful

| consideration. Paragraph (d) is quite

; innovative and it will be interesting to

see how employers adjust to

alleviating "monotonous work" and

"repetitive work".

I Information and Consultation

While the extensive development of

the information and consultation

rights given to employees in the new

legislation is not directly of interest to

the solicitor engaged in accident

litigation, much useful information

: can now be obtained to assist in

proceedings. Has the plaintiff got a

saféty statement giving him an

assessment of the risks to safety and

health at the workplace? (Article 10 of

the Regulations). Did the employer

provide the appropriate training of

workers? (Article 12). In particular,

all employees must receive the

appropriate safety and health

information when they are taken on,

or when they are assigned to another

post or function, or when a new item

of equipment is introduced.

The Framework Directive is only the

base for a much more detailed and

extensive set of individual directives

dealing with health and safety in the

workplace which have gradually been

adopted in Brussels. The Irish

Regulations of February 1993

implemented the following in addition

to the Framework Directive:

• Council Directive 89/654/EEC of 30

November, 1989 on minimum

standards for workplaces.

• Council Directive 89/655/EEC of 30

November, 1989 on minimum

standards for the use of work

equipment by workers at work.

• Council Directive 89/656/EEC of 30

November, 1989 on minimum

standards for the use by workers of

personal protective equipment at the

workplace.

• Council Directive 90/269/EEC of 29

May, 1990 on minimum health and

safety requirements for the manual

handling of loads where there is a

| risk, particularly of back injury, to

workers.

• Council Directive 90/270/EEC of 29

May, 1990 on work with display

screen equipment.

• Council Directive 91/383/EEC of 25

June, 1991 on measures to improve

the safety and health at work of

workers with a fixed term or

temporary contract.

"Employer solicitors now have to

analyse their VDU workstations

to evaluate their conditions as

regards possible eyesight and

physical problems and problems

of mental stress; and then must

remedy the risk found."

Space does not allow for examination

of these Directives in detail. However,

the Display Screen Equipment

Directive is worthy of attention as it

affects practically every solicitor's

office in Ireland. Employer solicitors

now have to analyse their VDU

workstations to evaluate their

conditions as regards possible

eyesight and physical problems and

problems of mental stress; and then

must remedy the risk found. The

employer must plan the workers'

activities in such a way that daily

work on a display screen is

periodically interrupted by breaks or

changes of activity reducing the

workload at the display screen. There

are detailed rules regarding the

flexibility of the work chair, the

suitability of the work desk, etc.

Importantly, staff are now entitled to

eye tests before starting on a VDU

and at regular intervals thereafter or if

they encounter difficulties. Further

referral to ophthalmological

examination is required, if necessary.

All these tests cannot be charged

financially to the worker.

The future

Many more individual directives are

due to be implemented by Ireland in

the near future in this area. Perhaps

the most interesting one is the eighth

individual directive - Council

Directive 92/57/EEC of 24 June, 1992

on the implementation of minimum

safety and health requirements at

temporary or mobile construction

sites. This should come into force in

Ireland no later than 31 December,

1993 and it has major implications for

professionals working in the

construction industry, such as

architects or engineers, as well as

clients in construction contracts. The

preamble to the Directive states:

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