Employers have a general responsibility under subdivision 2 of the Health and Safety at Work etc Act 1974 to guarantee. so far as is moderately operable. the wellness. safety and public assistance of their employees at work. Peoples in control of non-domestic premises have a responsibility ( under subdivision 4 of the Act ) towards people who are non their employees but use their premises. The Regulations expand on these responsibilities and are intended to protect the wellness and safety of everyone in the workplace. and guarantee that equal public assistance installations are provided for people at work.
These Regulations aim to guarantee that workplaces meet the wellness. safety and public assistance demands of all members of a work force. including people with disablements. Several of the Regulations require things to be ‘suitable’ . Regulation 2 ( 3 ) makes it clear that things should be suited for anyone. This includes people with disablements. Where necessary. parts of the workplace. including in peculiar doors. passageways. stepss. showers. washbowls. toilets and workstations. should be made accessible for handicapped people.
Under Section 8 of the Act the employer has a responsibility to guarantee the employees’ safety. wellness and public assistance at work every bit far as is moderately operable. In order to forestall workplace hurts and ill wellness the employer is required. among other things. to: * Provide and keep a safe workplace which uses safe works and equipment * Prevent hazards from usage of any article or substance and from exposure to physical agents. noise and quiver * Prevent any improper behavior or behaviour likely to set the safety. wellness and public assistance of employees at hazard * Provide direction and preparation to employees on wellness and safety * Provide protective vesture and equipment to employees * Appointing a competent individual as the organisation’s Safety Officer Employees’ responsibilities
The responsibilities of employees while at work are set out in Section 13 of the Act. These include the undermentioned: * To take sensible attention to protect the wellness and safety of themselves and of other people in the workplace * Not to prosecute in improper behavior that will jeopardize themselves or others * Not to be under the influence of drink or drugs in the workplace * To undergo any sensible medical or other appraisal if requested to make so by the employer * To describe any defects in the topographic point of work or equipment which might be a danger to wellness and safety Risk appraisal and safety statement
Under the Safety. Health and Welfare at Work Act 2005 every employer is required to transport out a hazard appraisal for the workplace which should place any jeopardies nowadays in the workplace. measure the hazards originating from such jeopardies and place the stairss to be taken to cover with any hazards. The employer must besides fix a safety statement which is based on the hazard appraisal. The statement should besides incorporate the inside informations of people in the work force who are responsible for safety issues. Employees should be given entree to this statement and employers should reexamine it on a regular footing. The Health and Safety Authority has published guidelines on hazard appraisals and safety statements ( pdf ) . Protective equipment and steps
The employer should state employees about any hazards that require the erosion of protective equipment. The employer should supply protective equipment ( such as protective vesture. headdress. footwear. eyewear. baseball mitts ) together with preparation on how to utilize it. where necessary. An employee is under a responsibility to take sensible attention for his/her ain safety and to utilize any protective equipment supplied. The protective equipment should be provided free of charge to employees if it is intended for usage at the workplace merely. Normally. employees should be provided with their ain personal equipment. There is a scope of steps that employers must take in respect to ocular show units ( VDUs ) . These include analyzing the contemplation and blaze. the operator’s place in forepart of the VDU. the keyboard and the package used. Operators must be given equal interruptions from the VDU. In add-on. employers must set up for oculus trials and. if required. do a part towards the purchase of prescription spectacless. The Health and Safety Authority ( HSA ) has published a list of often asked inquiries about show screen equipment ( VDUs ) .
Reporting accidents All accidents in the workplace should be reported to the employer. who should enter the inside informations of the incident. Reporting the accident will assist to safeguard societal public assistance and other rights which may originate as a consequence of an occupational accident. An employer is obliged to describe any accident that consequences in an employee losing 3 back-to-back yearss at work ( non including the twenty-four hours of the accident ) to the Health and Safety Authority. Health and safety leave
An employer should transport out separate hazard appraisals in relation to pregnant employees. If there are peculiar hazards to an employee’s gestation. these should be either removed or the employee moved off from them. Under Section 18 of the Maternity Protection Act 1994 if neither of these options is possible. the employee should be given wellness and safety leave from work. which may go on up the beginning of pregnancy leave. If a physician certifies that dark work would be unsuitable for a pregnant employee. the employee must be given alternate work or wellness and safety leave. Following an employee’s return to work after pregnancy leave. if there is any hazard to the employee because she has late given birth or is suckling. it should be removed. If this is non possible. the employee should be moved to alternate work.
If it is non possible for the employee to be assigned alternate work. she should be given wellness and safety leave. If dark work is certified by a physician as being unsuitable after the birth. alternate work should be provided. If alternate work can non be provided. the employee should be given wellness and safety leave. Time spent on wellness and safety leave is treated as though the employee has been in employment. and this clip can be used to roll up one-year leave entitlement. The employee is non entitled to go forth for any public vacations that occur during wellness and safety leave. During wellness and safety leave. employers must pay employees their normal rewards for the first 21 yearss ( 3 hebdomads ) . after which Health and Safety Benefit may be paid. Health and safety and immature people
An employer should transport out a separate hazard appraisal in relation to an employee under 18 old ages of age. This hazard appraisal should be carried out before the immature individual is employed. If certain hazards are present. including hazards that can non be recognised or avoided by the immature individual due to factors like deficiency of experience. the immature individual should non be employed. Violence in the workplace
The possibility of force towards employees should be addressed in the safety statement. For illustration. factors like the isolation of employees and the presence of hard currency on the premises need to be taken into history. Proper precautions should be put into topographic point to extinguish the hazard of force every bit far as possible and the employee should be provided with appropriate agencies of understating the staying hazard. for illustration. security glass. Strong-arming
One of the employer’s responsibilities is to forestall improper behavior or behavior ( which includes intimidation ) . An employer should hold established processs for covering with ailments of strong-arming in the workplace and trade with such ailments instantly. Ignoring ailments of intimidation could go forth an employer unfastened to a possible claim for amendss by an employee. It is advisable for an employer to hold an established grudge process to cover with ailments of strong-arming. An employee who feels that he or she is the victim of intimidation can besides mention the affair to a Rights Commissioner – see ‘How to apply’ below. The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work ( pdf ) sets out counsel notes for turn toing intimidation in the workplace. Harassment
The Employment Equality Acts 1998-2011 topographic point an duty on all employers in Ireland to forestall torment in the workplace. Under this jurisprudence. you are entitled to convey a claim to the Equality Tribunal and your employer may be obliged to pay you compensation if you are harassed by ground of your gender. civil position. household position. sexual orientation. age. disablement. race. spiritual belief or rank of the Traveller community. Exploitation
Under the Safety. Health and Welfare at Work Act 2005 the employee may non be victimised for exerting his or her rights under safety and wellness statute law such as doing a ailment. This means that the employer may non punish an employee by dismissal or in some other manner. for illustration. by disciplinary action or by being treated less favorably than other employees – see ‘Enforcing your rights’ below. Health and Safety Authority
The Health and Safety Authority – see ‘Where to apply’ below is responsible for implementing wellness and safety at work in Ireland. It provides information to employers. employees and freelance people on workplace wellness and safety. Its publications include a Short Guide to the Safety. Health and Welfare at Work Act 2005 ( pdf ) and a set of Simple Safety cusps which are aimed at little retail or nutrient concerns in peculiar. The Simple Safety cusps are available in other linguistic communications.