New Legislation

Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2016 (S.I. No. 36 of 2016)

These Regulations amend the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007) as previously amended by the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007 (S.I. No. 732 of 2007), the Safety, Health and Welfare at Work (General Application)(Amendment) Regulations 2010 (S.I. No. 176 of 2010) and the Safety, Health and Welfare at Work (General Application)(Amendment) Regulations 2012 (S.I. No. 445 of 2012) by inserting Part 11 (Woodworking Machines), Part 12 (Abrasive Wheels) and Part 13 (Abrasive Blasting of Surfaces) as well as adding Schedule 13 (Woodworking Machines) and Schedule 14 (Training and Instruction) to the Regulations. The collective Regulations shall be cited together as the Safety, Health and Welfare at Work (General Application) Regulations 2007 to 2016.

The purpose of the Regulations is to bring specific workplace safety matters relating to Woodworking Machines, Abrasive Wheels and Abrasive Blasting of Surfaces within the scope of the Safety, Health and Welfare at Work Act 2005 following the repeal of corresponding Regulations made under the Factories Act 1955, as amended by the Safety in Industry Act 1980.

The Regulations are designed to retain, by means of amendments to the Safety, Health and Welfare at Work (General Application) Regulations 2007, the aspects of the provisions of Regulations under the Factories Act that remain relevant and are therefore reproduced in line with the new legislative format.

These Regulations revoke and replace 3 individual sets of Regulations—

(a) Factories (Woodworking Machinery) Regulations, 1972. (S.I. No. 203 of 1972),

(b) Factories (Abrasive Blasting Of Surfaces) Regulations, 1974. (S.I. No. 357 of 1974), and

These Regulations shall come into operation from 1 July, 2016

Regulations to transpose European Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields)

It is intended to introduce Safety, Health and Welfare at Work (Electromagnetic Fields) Regulations 2016 to transpose this Directive on or before the transposition date of 1 July 2016. The European Commission has published guides to good practice for implementing Directive 2013/35/EU Electromagnetic Fields, and the guides and further information are available here.

Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015)

The above is a direct link to the Regulations.

The purpose of these Regulations, which have been made under the Chemical Acts 2008 and 2010, is to transpose “Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC” (which is known for convenience as the SEVESO III Directive). They also make a number of consequential amendments necessitated by the transposition of Directive 2012/18/EU to the Chemical Acts 2008 and 2010, which are set out in Regulation 6.

The Regulations replace with effect from 1 June 2015-

(i) the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of 2006), and

(ii) the European Union (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2013 (S.I. No. 571 of 2013).

The latter Regulations have formally been repealed by a separate statutory instrument made under the European Communities Act 1972, as amended

European Union (Prevention of Sharps Injuries in the Healthcare Sector) Regulations 2014

The above is a direct link to the Regulations.

The purpose of these Regulations is to transpose into Irish law Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. This Directive represents the first occupational safety and health Directive generated through social partners/dialogue mechanism.

The Regulations relate to the risks posed by sharps to those working in healthcare. They implement specific control measures to protect employees at risk, and require an appropriate response in the event of an incident occurring.

The Regulations build on the more general duties under the Safety, Health and Welfare at Work Act, 2005 and the Safety, Health and Welfare at Work (Biological Agents) Regulations, 2013 (S.I. No. 572 of 2013) which apply across all industry sectors.

The Regulations define sharps as ‘objects or instruments necessary for the exercise of specific healthcare activities, which are able to cut, prick or cause injury or infection’. This includes equipment such as needles, blades (such as scalpels) and other sharp medical instruments.

The Regulations apply to all employers and employees in the healthcare sector.

This includes nurses, medical practitioners, nursing auxiliaries and assistants, cleaners, dental nurses, paramedics, home carers etc. The Regulations apply to students working in healthcare, self-employed persons in healthcare and any employees employed by organisations contracted to provide services for healthcare organisations such as cleaners and other ancillary staff.

An employer in healthcare is an employer whose main activity is the managing, organising and provision of healthcare (“healthcare employer”). These Regulations also apply to other employers who provide services to a healthcare employer, under the authority of a healthcare employer or in a healthcare employer’s place of work. The duties on this employer only apply insofar as the employer has control over the relevant activities of their relevant employees.

Where an employee of a healthcare employer provides healthcare services in another employer’s workplace or in the home of a patient, the employer will be required to comply with the proposed Regulations. Employers whose main activity is not the provision of healthcare but whose employees may work with sharps will not fall within the scope of the Regulations (unless they are working on the premises of a healthcare employer who is subject to the proposed Regulations). Therefore organisations such as schools and prisons are not subject to the Regulations even though they might employ medical staff. Those employers remain subject to existing health and safety legislation

Safety Health and Welfare at Work (Biological Agents) Regulations 2013

The above is a direct link to the Regulation. Further information on the Regulations can be found here.

Safety Health and Welfare at Work (Construction) Regulations 2013 (SI 291)

The purpose of these Regulations is to prescribe the main requirements for the protection of the safety, health and welfare of persons working on construction sites and to give further effect to Council Directive 92/57/EEC on the minimum safety and health requirements at temporary or mobile construction sites.

These Regulations are designed to clarify and strengthen the general duties of all parties as regards securing occupational safety, health and welfare in construction work, including those of Clients, Project Supervisors, Designers, Contractors and Employees.

These Regulations apply to all construction projects including the alteration, decoration, maintenance and repair of buildings and the installation, maintenance and removal of mechanical and other systems fixed within or to structures. They place obligations on clients and designers to ensure that safety and health is taken into account before any construction work begins.

These Regulations replace and revoke the Safety, Health and Welfare at Work (Construction) Regulations 2006 ( S.I. No. 504 of 2006 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2008 ( S.I. No. 130 of 2008 ), the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 423 of 2008 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2010 ( S.I. No. 523 of 2010 ), the Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2012 ( S.I. No. 461 of 2012 ), the Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2012 ( S.I. No. 481 of 2012 ) and Safety, Health and Welfare at Work (Construction) (Amendment) Regulations 2013 ( S.I. No. 182 of 2013 ).]

These Regulation came into operation on 1 August 2013.

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