The Safety Health and Welfare at Work Act 2005 was effective from 1st September 2005.This is the legislation that will now apply to many workplace related incidents. (Click here for an Article we wrote at the time entitled: “€Millions of Reasons to Comply with new Act”)
Irish Legislation in this area has tended to establish wide ranging responsibilities. The Acts state in some detail the parties that may have a responsibility towards workers. The nature of the responsibilities are set out in a more general ways. It is intended that Employers and others will look at the things that might cause accidents to workers. These should be written down and the potential for harm rated in a process called Risk Assessment.
Having identified and rated risks decisions must be made about how they can be eliminated. If they cannot be eliminated entirely, can they be controlled or the effects reduced. The procedure that will be adapted for doing this will also have to be written down.
Much of this ties in with the old common law rules relating to the provision of a Safe System of Work and indeed this duty is repeated in the statutes.
The Acts have been supported by regulations issued and Codes of Practice have also been introduced in specific areas. Familiarity with the content of these documents and their applicability in Claims Situations is very important. We have on countless occasions been able to point out situations where other parties also had statutory duties. This has meant that these parties had to take over handling of the case or make a significant contribution.
Bullying and Harrassment are major issues in modern Health and Safety systems.
|