In the previous module, you learned that risk assessment is a legal requirement for every workplace and work activity.

This module explains the key legal duties of employers, managers, supervisors and employees under the Safety, Health and Welfare at Work Act 2005 and related Irish regulations.

You will also learn about the role of the Health and Safety Authority, or HSA, how inspections and enforcement work, and what can happen when safety is not managed properly.

The Safety, Health and Welfare at Work Act 2005 is the main health and safety law in Ireland. It places duties on employers, employees, and anyone who controls a workplace or work activity.

Employers must ensure, so far as is reasonably practicable, the safety, health and welfare at work of their employees. They must also protect other people who may be affected, such as contractors, visitors, customers and members of the public.

Under the 2005 Act, employers must:

• Identify hazards, assess the risks, and have a written risk assessment.
• Prepare a written safety statement, based on the risk assessment.
• Provide information, instruction, training and supervision.
• Provide safe systems of work, and safe equipment.
• Consult employees on health and safety.

The 2005 Act, and the regulations made under it, place further duties on employers to manage risk effectively. These include:

• Keep risk assessments up to date, especially after significant changes, new equipment or processes, or incidents.
• Provide health surveillance where needed.
• Give employees information and instruction about hazards and safe procedures.
• Make sure employees receive training relevant to their roles.
• Maintain safe working conditions and safe equipment.

Under section 13 of the 2005 Act, employees must:

• Take reasonable care of their own safety and health, and that of anyone affected by what they do.
• Co-operate with their employer, and follow the controls set out in the risk assessment.
• Use equipment and protective clothing correctly, as they have been trained.
• Report hazards, defects and unsafe practices as soon as possible.
• Never interfere with or misuse anything provided for safety.

Specific regulations cover particular hazards and activities, and set out the controls required. Examples in Ireland include:

• The General Application Regulations 2007, covering topics such as work equipment, manual handling, display screen equipment, work at height, noise and first aid.
• The Construction Regulations 2013.
• The Chemical Agents Regulations 2001.
• The Exposure to Asbestos Regulations 2006.
• The Confined Spaces Regulations 2001.
• The Fire Services Acts 1981 and 2003.

These do not usually need separate assessments. They can form part of your overall risk assessment.

The HSA publishes detailed guidance to help employers comply with the law, including:

• Guidance on the 2005 Act and the regulations made under it.
• Guidance and tools for carrying out risk assessments.
• Codes of practice, which give practical advice on complying with specific duties.

Codes of practice have a special legal status. They are not law themselves, but they can be used in evidence in court. If you are responsible for risk assessment, get to know the guidance and codes that apply to your work.

The Health and Safety Authority is Ireland’s national body for promoting and enforcing workplace health and safety law.

Its vision is to deliver healthy and safe working lives, and to contribute to productive enterprises. It does this by giving information and advice, carrying out inspections, investigating accidents, and taking enforcement action.

It does not visit every business every year, and it does not write risk assessments for employers. That is the employer’s job.

HSA inspectors can visit any workplace to check working conditions, investigate incidents, and help employers manage risks. Inspections may be routine, or follow an incident, a complaint, or a known risk. Inspectors look for:

• A suitable, up-to-date risk assessment.
• Effective control measures in place.
• Relevant safety procedures and records.
• Adequate information, instruction and training for employees.

Employers and employees must co-operate with inspectors.

Where inspectors find breaches of the law, they can take formal action:

• An Improvement Direction, requiring an improvement plan.
• An Improvement Notice, requiring a problem to be put right within a set time.
• A Prohibition Notice, where an activity is dangerous. The activity, or the use of equipment, must stop immediately until the risk is controlled.
• Prosecution through the courts, for serious breaches.

Failing to comply with health and safety law, or with an enforcement notice, is a criminal offence.

Employers, and in some cases directors, managers and employees, can be prosecuted. On conviction on indictment, fines can reach 3 million euro, with up to two years in prison.

Beyond the courts, accidents bring human suffering, lost time, higher insurance costs and damage to reputation. Good risk assessment is far cheaper than any of these.