Health & Safety

The primary legislation which underpins workplace health and safety is the Safety, Health and Welfare Act 2005. 

Section 8 of this act states that employers have a duty to employees to prevent ill-health and injuries by:

• Providing and maintaining a safe workplace

• Preventing risks from the use of any article or substance

• Preventing risks from exposure to physical agents, noise and vibration

• Preventing improper conduct or behaviour likely to put the safety, health and welfare of employees at risk

• Providing health and safety training

• Ensuring the provision of appropriate protective clothing and equipment

Employees also have duties to take reasonable care to protect their own health and safety and of others in the workplace.

Other workplace health and safety laws which apply include, the:

•  Chemicals Acts 2008 and 2010

• Dangerous Substances Act 1979 and 1972

• Factories Act 1955

• Organisation of Working Time Act 1997

• Safety in Industry Act 1980

 In addition, there are other specific regulations which must be adhered to, for example in relation to construction and asbestos, and also a series of codes of practice for specific sectors, including the Farm Safety Code of Conduct and the Code of Practice for Working in Confined Spaces.

Employers of all types and size must routinely undertake risk assessments across all aspects of their business, including car parks, offices, vehicles, premises and warehouses.  For every health and safety risk they identify, they must implement control and mitigation measures to eliminate the danger, or if this is not possible, mitigate it as much as possible.

In order to control health and safety risks, employers have at their disposal a wide range of strategies including, creating policies and procedures to be followed across the business, staff training, providing protective equipment (e.g. eyewear and ear defenders), safety guards on machines, using clear signage to warn and remind staff of known risks, and rotating staff between roles to avoid over-use injuries such as vibration white finger or carpal tunnel syndrome.

While it is a considerable undertaking to manage health and safety risks across an organisation, it is nevertheless one private, and public entities are required to do by law.  As such, if you have been injured at work due to health and safety negligence by your employer, or if you have concerns they may be in breach of health and safety legislation, and putting employees at risk as a result, we can assist you with your matter, and explain your options to achieve the outcome you are seeking.

The Health and Safety Authority promote Behaviour Based Safety ("BBS") as an approach to managing health and safety in the workplace.  BBS is designed to work from the bottom-up within any business or organisation; i.e. starting with front-line employees and working up. 

BBS is rather similar to traditional organisational behaviour analysis, and involves one on one, or group observations of work activity to spot risks and recommend ways in which such risks can be mitigated. 

BBS is intended to be highly proactive, and follows the Antecedent, Behaviour, Consequences model, to identify the stimulus or event (antecedent), such as guides, goal setting, policies, which influences employee behaviour, and the consequences which occur as a result (and reinforce the behaviour) such as feedback, rewards, and recognition.