I, Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2005 ( S.I. No. 316 of 2005 ), after consultation with the Health and Safety Authority, hereby make the following regulations-
1-
Citation and commencement
(1)
These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) Regulations 2007.
(2)
These Regulations come into operation on 1 November 2007.
2-
Interpretation
(1)
In these Regulations:
“Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);
“lifting equipment” means work equipment for lifting, lowering loads or pile driving, and includes anything used for anchoring, fixing or supporting such equipment;
“personal protective equipment” means all equipment designed to be worn or held by an employee for protection against one or more hazards likely to endanger the employee's safety and health at work, and includes any additions and accessories to the equipment, if so designed, but does not include—
(a)
ordinary working clothes and uniforms not specifically designed to protect the safety and health of an employee,
(b)
personal protective equipment for the purposes of road transport,
(c)
sports equipment,
(d)
self-defence equipment or deterrent equipment, or
(e)
portable devices for detecting and signalling risks and nuisances;
“public road” means a road the responsibility for the maintenance of which lies on a road authority;
“road authority” means a county council, a city council or a town council (within the meaning of the Local Government Act 2001 (No. 37 of 2001)) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work.
(2)
An employer shall ensure that, where activities mentioned in sections 6 and 11(5) of the Act are being carried out, the safety, health and welfare of the employer's employees are protected as far as possible, taking account of the relevant statutory provisions.
(3)
Without prejudice to the generality of section 19 of the Act, an employer shall, in identifying hazards and assessing risks under that section, take account of particular risks, if any, affecting employees working alone at the place of work or working in isolation at remote locations.
(4)
Any reference in these Regulations to provisions encompassed in the generality of the Act shall be without prejudice to the requirements of those provisions in the Act.
3-
Revocations and savings
(1)
The following are revoked:
(a)
Factories (Report of Examination of Hoists and Lifts) Regulations 1956 ( S.I. No. 182 of 1956 ),
(b)
Factories Act 1955 (Hoists and Lifts) (Exemption) Order 1957 ( S.I. No. 80 of 1957 ),
(c)
Factories Act 1955 (Lifts) (Exemption) Order 1960 ( S.I. No. 129 of 1960 ),
(d)
Regulations 22 to 35 and 37 and 38 and the Schedule to the Docks (Safety, Health and Welfare) Regulations 1960 ( S.I. No. 279 of 1960 ),
(e)
Factories Act, 1955 (Hoistways) (Exemption) Order 1962 ( S.I. No. 211 of 1962 ),
Quarries (General) Regulations 1974 ( S.I. No. 146 of 1974 ) to the extent of in Regulation 3, the definitions of “lifting appliance” and “safe working load”, Regulations 40 and 41, in the First Schedule “FORM No. 3” and “FORM No. 5” and the Second Schedule,
(i)
Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 ( S.I. No. 322 of 1975 ) to the extent of in Regulation 3(1), the definitions of “lifting equipment” and “lifting gear” and Regulations 32 to 48,
(j)
Factories Act 1955 (Hoistways) (Exemption) Order 1976 ( S.I. No. 236 of 1976 ),
(k)
Factories Act 1955 (Hoists) (Exemption) Order 1977 ( S.I. No. 13 of 1977 ),
Safety in Industry Acts 1955 and 1980 (Hoists and Hoistways) (Exemption) Order 1985 ( S.I. No. 100 of 1985 ),
(o)
Safety, Health and Welfare at Work (General Application) Regulations 1993 ( S.I. No. 44 of 1993 ), other than Part X and the Twelfth Schedule,
(p)
Safety, Health and Welfare at Work (Signs) Regulations 1995 ( S.I. No. 132 of 1995 ),
(q)
Safety, Health and Welfare at Work (Miscellaneous Welfare Provisions) Regulations 1995 ( S.I. No. 358 of 1995 ),
(r)
Safety, Health and Welfare at Work (Children and Young Persons) Regulations 1998 ( S.I. No. 504 of 1998 ),
(s)
Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations 2000 ( S.I. No. 11 of 2000 ),
(t)
Safety, Health and Welfare at Work (Pregnant Employees etc.) Regulations 2000 ( S.I. No. 218 of 2000 ),
(u)
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2001 ( S.I. No. 188 of 2001 ),
(v)
Regulations 80 to 123 of the Safety, Health and Welfare at Work (Construction) Regulations 2001 ( S.I. No. 481 of 2001 ),
(w)
Safety, Health and Welfare at Work (Explosive Atmospheres) Regulations 2003 ( S.I. No. 258 of 2003 ),
(x)
Safety, Health and Welfare at Work (Work at Height) Regulations 2006 ( S.I. No. 318 of 2006 ),
(y)
Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 ( S.I. No. 370 of 2006 ), and
(z)
Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 ( S.I. No. 371 of 2006 ), except Regulation 11(3) of those Regulations.
(2)
Regulation 11(3) of the Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 ( S.I. No. 371 of 2006 ) is revoked on 14 February, 2008.
“place of work” means a place of work intended to house workstations on the premises of an undertaking and any other place within the area of the undertaking to which an employee has access in the course of his or her employment but does not include—
(a)
means of transport used outside the undertaking or a place of work inside a means of transport,
(b)
temporary or mobile work sites, including construction sites,
(c)
extractive industries,
(d)
fishing boats,
(e)
fields, woods and land forming part of an agricultural or forestry undertaking but situated away from the undertaking's buildings.
5-
Stability and solidity
An employer shall ensure that buildings which house places of work shall have a structure and solidity appropriate to the nature of their use.
6-
Ventilation of enclosed places of work
An employer shall ensure that—
(a)
sufficient fresh air is provided in enclosed places of work, having regard to the working methods used and the physical demands placed on the employer's employees,
(b)
if a forced ventilation system is used, it is maintained in working order and any breakdown is indicated by a control system if necessary for the safety and health of employees,
(c)
if air-conditioning or mechanical ventilation installations are used, they operate in such a way that employees are not exposed to draughts which cause discomfort, and
(d)
any deposit or dirt likely to create an immediate danger to the safety and health of employees by polluting the atmosphere is removed without delay.
7-
Room temperature
(1)
An employer shall ensure that—
(a)
during working hours, the temperature in rooms containing workstations is appropriate for human beings, having regard to the working methods being used and the physical demands placed on the employees,
(b)
for sedentary office work, a minimum temperature of 17.5°C, so far as is reasonably practicable, is achieved and maintained at every workstation after the first hour's work,
(c)
for other sedentary work, at every workstation where a substantial proportion of the work is done sitting and does not involve serious physical effort, a minimum temperature of 16°C is, so far as is reasonably practicable, achieved and maintained after the first hour's work,
(d)
means are available to enable persons at work to measure the temperature in any workplace inside a building,
(e)
the temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first-aid rooms is appropriate to the particular purpose of such areas, and
(f)
in relation to windows, skylights and glass partitions, excessive effects of sunlight are avoided in places of work, having regard to the nature of the work and the characteristics of the place of work.
(2)
The temperature referred to in paragraphs (1)(b) and (c) shall be a dry bulb temperature taken at the working position of the employee at 1.1 m above the floor surface.
(3)
Where, due to process requirements, a workplace temperature below 16°C is necessary, the employer shall assess the risks and take any necessary measures to ensure the safety, health and welfare of the employer's employees.
8-
Natural and artificial lighting
An employer shall ensure that—
(a)
places of work receive, as far as possible, sufficient natural light and are equipped with artificial lighting adequate for the protection of the safety and health of the employer's employees,
(b)
lighting installations in rooms containing workstations and in passageways are placed in such a way that there is no risk of accident to the employer's employees as a result of the type of lighting fitted, and
(c)
places of work in which the employer's employees are especially exposed to risks in the event of failure of artificial lighting are provided with emergency lighting of adequate intensity.
9-
Floors, walls, ceilings and roofs of rooms
(1)
An employer shall ensure that—
(a)
the floors of rooms have no dangerous bumps, holes or slopes and are fixed, stable and, so far as is reasonably practicable, not slippery,
(b)
the surfaces of floors, walls and ceilings in rooms are such that they can be cleaned or refurbished to an appropriate standard of hygiene,
(c)
access to roofs and suspended ceilings made of materials of insufficient strength is not permitted unless—
(i)
equipment is provided to ensure that the work can be carried out in a safe manner, and
(ii)
appropriate warning signs in accordance with Part 7, Chapter 1 are placed at such access points,
(d)
transparent and translucent walls, in particular all-glass partitions, in rooms or in the vicinity of workstations and traffic routes are—
(i)
clearly indicated,
(ii)
made of safety material, or
(iii)
shielded from such places or traffic routes,
to prevent employees from coming into contact with the walls or being injured should the walls shatter, and
(e)
places of work containing workstations are adequately thermally insulated, bearing in mind the type of undertaking involved and the physical activity of the employees.
(2)
Paragraph (1)(e) does not apply to places of work in use prior to 31 December 1992 except as regards modifications, extensions or conversions made after that date.
10-
Windows and skylights
An employer shall ensure that—
(a)
where it is possible for employees to open, close, adjust or secure windows, skylights and ventilators—
(i)
it may be done safely, and
(ii)
when open, such windows, skylights and ventilators are not positioned so as to constitute a hazard to employees, and
(b)
windows and skylights can be cleaned without risk to the safety, health or welfare of persons carrying out this work or of other persons present—
(i)
by design,
(ii)
by being fitted with devices, or
(iii)
in conjunction with the use of equipment.
11-
Doors and gates
An employer shall ensure that—
(a)
the position, number and dimensions of doors and gates, and the materials used in their construction, are determined by the nature and use of the rooms or areas and are appropriate for the safety, health and welfare of employees,
(b)
swing doors and swing gates are transparent or have see-through panels,
(c)
transparent doors are appropriately marked at a conspicuous level,
(d)
if transparent or translucent surfaces in doors and gates are not made of safety material and, if there is a danger that employees may be injured if a door or gate should shatter, the surfaces are protected against breakage,
(e)
sliding doors and sliding gates are fitted with a safety device to prevent them from being derailed or falling over,
(f)
doors and gates opening upwards are fitted with a mechanism to secure them against falling back,
(g)
there are doors or gates for pedestrian traffic in the immediate vicinity of gates intended primarily for vehicle traffic, unless it is safe for pedestrians to pass through, and such doors or gates are clearly marked and kept unobstructed at all times, and
(h)
mechanical doors and gates—
(i)
function in such a way that there is no risk of accident to employees,
(ii)
are fitted with easily identifiable and accessible emergency shut-down devices, and
(iii)
can be opened manually where they operate as an emergency exit, unless they open automatically in the event of a power failure.
12-
Emergency routes and exits
Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer shall ensure that—
(a)
emergency routes to emergency exits and the exits themselves are kept clear at all times and lead as directly as possible to the open air or to a safe area,
(b)
in the event of danger, it is possible for employees to evacuate all workstations quickly and as safely as possible,
(c)
the number, distribution and dimensions of the emergency routes and exits are adequate for the use, equipment and dimensions of the place of work and the maximum number of persons that may be present,
(d)
emergency exit doors open outwards,
(e)
any sliding or revolving doors that are fitted are not used, or intended to be used, as emergency exits,
(f)
emergency doors and gates are not so locked or fastened that they cannot be easily and immediately opened by any person who may need to use them in an emergency,
(g)
specific emergency routes and exits are indicated by signs in accordance with Part 7, Chapter 1 and such signs are placed at appropriate points and are adequately durable,
(h)
emergency routes and exits, and the traffic routes and doors giving access to them, are free from obstruction so that they can be used at any time without hindrance, and
(i)
emergency routes and exits requiring illumination are provided with emergency lighting of adequate intensity in case the lighting fails.
13-
Fire detection and fire fighting
Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer shall ensure that—
(a)
a place of work is equipped with appropriate fire-fighting equipment and, as necessary, fire detectors and an alarm system, taking account of—
(i)
the dimensions and use of the buildings,
(ii)
the equipment they contain,
(iii)
the physical and chemical characteristics of the substances present, and
(iv)
the maximum potential number of people present,
(b)
non-automatic fire-fighting equipment is—
(i)
easily accessible and simple to use, and
(ii)
indicated by signs in accordance with Part 7, Chapter 1 and the signs are placed at appropriate points and are adequately durable, and
(c)
fire detection equipment and fire-fighting equipment is—
(i)
inspected and maintained as frequently as necessary to ensure that it is in good working order, and
(ii)
serviced by a competent person as frequently as necessary.
14-
Movement of pedestrians and vehicles in danger areas
An employer shall ensure that—
(a)
outdoor and indoor places of work are organised in such a way that pedestrians and vehicles can circulate in a safe manner,
(b)
traffic routes, including stairs, fixed ladders and loading bays and ramps, are designed, located and dimensioned to ensure easy, safe and appropriate access for pedestrians or vehicles in such a way as not to endanger employees employed in the vicinity of such routes,
(c)
routes used for pedestrian traffic or goods traffic, or for both, are dimensioned in accordance with the number of potential users and the type of undertaking,
(d)
sufficient safety clearance is provided for pedestrians if means of transport are used on traffic routes,
(e)
sufficient clearance is allowed between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases,
(f)
pedestrian routes and traffic routes are clearly identified for the protection of employees, where the use and equipment of places of work so require, and
(g)
if the places of work contain danger areas in which, owing to the nature of the work, there is a risk of an employee or objects falling, these are—
(i)
equipped, as far as possible, with devices preventing unauthorised employees from entering those areas, and
(ii)
clearly indicated, and
appropriate measures are taken to protect employees authorised to enter danger areas.
15-
Specific measures for escalators and travelators
An employer shall ensure that escalators and travelators—
(a)
function safely,
(b)
are equipped with any necessary safety devices, and
(c)
are fitted with easily identifiable and accessible emergency shutdown devices.
