HEALTH, SAFETY AND EMPLOYMENT LAW 2010 IN IRELAND

Health, safety and employment law 2010 in Ireland



Health, safety and employment law 2010 in Ireland

Introduction

The Safety, Health and Welfare at Work (General Application) Regulations 2007 (the 'Regulations) which were issued pursuant to the Safety, Health & Welfare at Work Act 2005 (the 2005 Act) came into operation on 1st November, 2007.

Chapter 2 of Part 6 of the Regulations deals with the protection of pregnant, post-natal and pregnant workers and replaces the Safety, Health and Welfare at Work (Pregnant Employees etc.) Regulations 2000 which are revoked from the above date.

The Ireland Regulations apply to pregnant employees, employees who are breastfeeding and post-natal employees. 'An employee who is breastfeeding' means an employee who, having given birth not more than 26 weeks previously, is breastfeeding. 'A post-natal employee' means an employee who gave birth not more than 14 weeks preceding a material date.

On receipt of notification that an employee is pregnant or breastfeeding an Mary must:

Assess the risk to the health or safety of that employee and any possible effect on the pregnancy of, or breastfeeding by, that employee resulting from any activity at the employee's place of work likely to involve a risk of exposure to any agent, process or working condition referred to in Part A of Schedule 8 of the Regulations.

Assess any risk to safety or health likely to arise from the exposure of a pregnant employee to an agent or working condition listed in Part B of Schedule 8 of the Regulations resulting from an activity at that Mary's workplace.

Assess any risk to safety or health likely to arise from the exposure of an employee who is breastfeeding to an agent or working condition listed in Part C of Schedule 8 of the Regulations resulting from any activity at that Mary's workplace.

Part A of Schedule 8 is divided into:

physical, biological and chemical agents,

processes and

working conditions, that will damage either the employee's safety or health or that of her developing child and it applies to pregnant, post natal and pregnant workers. Examples of physical agents are noise, vibration or extremes of hot or cold.

Part B of Schedule 8 applies to pregnant employees only and Part C of Schedule 8 applies only to pregnant workers.

To carry out this assessment, the Mary must identify the type, quantity and duration of exposure to any agent, process or working condition. Where the risk assessment identifies possible exposure to these specified risks, the Mary must take the preventative and protective measures necessary to ensure the safety and health of such employees and must ensure the employee is not required to perform duties for which the assessment reveals such risk. A competent person in accordance with Section 18 of the 2005 Act should be appointed, preferably from within the Mary's employment, to carry out these preventative and protective measures.

Risk Avoidance

The Mary must assess if there are any practical ways the risk can be avoided by following the three steps set out ...