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The following Questions and Answers provide a general understanding of the foundations of safety within the workplace. We hope they are help.
Q. What are the duties of an employee under the Safety, Health & Welfare at Work Act 2005?
A.
The duties on employees have been strengthened and now require them to:
1. Comply with the law and take reasonable care to protect their own safety, health and welfare and that of others who may be affected by their acts or omissions at work
2. Ensure that they are not under the influence of an intoxicant to the extent that they endanger their own or others safety, health and welfare at work (this will apply even though next requirement is being delayed - detailed regulations are coming but will, we expect, only apply to safety critical occupations -
probably forklift driving, aircraft flying, vehicle driving etc. and testing will only be carried out by a doctor or someone, OH Nurse, under the supervision of a doctor).
3. If reasonably requested by employer, to submit to any appropriate, reasonable and proportionate tests by a competent person as may be prescribed re being intoxicated at work (this requirement is not live at present - specific regulations will be issued later on this)
4. Co-operate with employer to enable employer to comply with the law
5. Not engage in improper conduct or other behaviour likely to endanger their own/others safety, health and welfare at work (this now includes employees who must not engage in bullying or creating stress for others - it would also cover the removal of machine guards etc.)
6. Attend such training and undergo any assessments, as may be reasonably required by employer, or prescribed relating to safety, health and welfare at work, or relating to the work carried out by the employee
7. Having had instruction/training, make correct use of any article or substance provided for use by employee, or for the protection of his/her safety, health and welfare at work including protective clothing/equipment
8. Report to employer as soon as practicable on (a) any work being carried on that potentially endangers themselves or other persons, (b) any defect in the place or systems of work, or article or substance which might endanger themselves or other persons and (c) any health and safety contraventions which might endanger themselves or other persons of which they are aware.
Q. What is the function of a Safety Representative?
A.
A Safety Representative is an employee elected by their fellow employees, whose main role is to represent them to management on all health and safety issues. Section 25 of Safety, Health and Welfare at Work Act 2005 outlines the rights and role of a Safety Representative (there are 12 of them):
1. to carry out inspections on notice to the employer after accidents, dangerous occurrences, or imminent danger situations
2. to investigate accidents and dangerous occurrences (as long as they do not obstruct anyone else performing a statutory obligation)
3. to investigate complaints made by employees
4. to accompany Inspector on inspections - but not accident investigations
5. to accompany Inspector on an accident investigation, only if the inspector agrees
6. to accompany Inspector when interviewing employees re accidents if the employees request it and Inspector agrees
7. to make representations to employer
8. to make oral or written representations to an Inspector
9. to receive advice and information from an Inspector
10. consult or liaise with other safety representatives at the same place of work or at other places of work controlled by the same employer
11. to investigate potential hazards
12. reasonable time off to acquire knowledge and training and to carry out function without loss of pay
The Safety Representative, once elected, will need training in order to fulfil their function. While they have many rights within the Act they have no duties, other than those of employees generally.
The Safety Representative will normally interact with Safety Officer and other members of Management through regular meetings.
Q. What is a Safety Statement?
A.
Under Safety, Health and Welfare at Work Act 2005 all Employers have a specific duty to prepare a Safety Statement for their business. This is, in effect, management’s programme in writing, which details how safety, health and welfare is being secured and managed.
It includes the following sections:
• A Safety Policy setting out how the company intends to manage health safety and welfare
• Responsibilities will be detailed from Managing Director down to individual employees. All Management and Emergency responsibilties will be specifically written down
• Protective and Preventive Measures will be detailed e.g. what arrangements are in place covering such topics as: access and egress, housekeeping, manual handling, use of chemical substances, sources of noise or vibration, use of work equipment, working at height, care of pregnant employees, management os stress, bullying and sexual harassment and many more.
• Consultation Arrangements will be specified which will include general consultation, the role of the Safety Representative (if there is one) and the role, membership and operation of the Safety Committee if there is one.
• Detailed Risk Assessments of all work activities both on and off-site which will specify what the hazard is, risk of injury, risk rating (if you wish), those at risk, preventative and control measures and who is responsible for ensuring that these preventative and control measures are implemented.
• An Emergency Plan covering such emergencies as serious accident, fire, bomb scare, chemical spill, explosion, gas leak, violence against employees, receipt of suspicious parcel etc.
• Names and titles of all responsible persons
You can prepare the Safety Statement yourself, there is guidance available from Health and Safety Authority – their website is: www.hsa.ie or you can call in an outside consultant to do it for you. NISO can organise a consultant to do this for you for a fee. Once prepared ou have a duty to bring it to the attention of your employees, contractors and others who may be affected by it. If you employ non-english speaking employees you have a duty to bring it to their attention in a form, manner and language that is likely to be understood by them.
Any Safety Statement reflects the state of a company at the time it was written – it is like a photograph in time. It is therefore accepted that, over time, work equipment, work practices, products, services and personnel etc. may change and this will require the Safety Statement to be updated.
Once prepared the Safety Statement should be reviewed if:
there is a significant chanfge in matters to which it refers
thers is a reason to believe that it is no longer valid
if so directed by a Health and Safety Authority Inspector within 30 days.
Q. What else can a Safety Representative do?
A.
They can carry out a whole range of duties if the employer allows them to. They can get involved, constructively, in the following:
• preparing risk assessments with Management or Safety Committee members
• Assisting with accident investigations
• Being involved with purchasing of new equipment or new production layouts
• Assist in training new employees in health and safety, if competent to do so
Ultimately a Safety Representative can perform any functions approved by their employer but they are not required to manage health and safety for Management. Management still retain the duties and responsibilities to manage and these duties and responsibilities cannot be delegated to Safety Representative.
Q. How many first aiders should be present in a workplace?
A.
There are strict numbers of first aiders laid down in Par IX of General Application Regulations 1993, depending on the type of workplace it is but in addition it should be based on a risk assessment of the major hazards on the site and the risk of serious injury. The numbers are:
1) Factory premises, construction sites, surface mines and quarries:
Maximum No. of Employees Present at any one time: Up to 49
No. of Occupational First Aiders: One if safety statement risk assessment shows it necessary
Maximum No. of Employees Present at any one time: 50 - 149
No. of Occupational First Aiders: Minimum one
Maximum No. of Employees Present at any one time: 150 - 299
No. of Occupational First Aiders: Minimum two
Maximum No. of Employees Present at any one time: Greater than 300
No. of Occupational First Aiders: One extra for every 150 Employees or part thereof
2) Underground Mines:
No. of Occupational First Aiders: One for every 10 employees or part thereof
3) Other Workplaces:
Maximum No. of Employees Present at any one time: Up to 99
No. of Occupational First Aiders: One if safety statement risk assessment shows it necessary
Maximum No. of Employees Present at any one time: 100 - 399
No. of Occupational First Aiders: One
Maximum No. of Employees Present at any one time: 400 - 699
No. of Occupational First Aiders: Two
Q. Construction Regulations - Competence assessment of Project Supervisor Design Process and Project?
A.
In the new Construction Regulations Clients are required to check the competence and resources of both Project Supervisor Design Process (PSDP) and Project Supervisor Construction Stage (PSCS). What factors should the client take into account when assessing competence?
In checking the competence of both Project Supervisors the following issues should be explored and evidence requested:
- Experience of carrying out similar projects
- Health and Safety qualifications
- The resources that will be made available for the project
- Evidence of a good safety record – what accidents have they had, have HSA served them with any improvement notices, prohibition notices or have they been prosecuted?
HSA have confirmed that from early January 2007 the above information will be available about builders on their website.
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