First Previous (PART VIII Offences, Penalties and Legal Proceedings) Next (FIRST SCHEDULE National Authority for Occupational Safety and Health)

7 1989

SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

PART IX

Miscellaneous

Certificates of birth.

54. —Where the age of any person is required to be ascertained or proved for the purposes of this Act, or any of the relevant statutory provisions, any person shall, on payment of a fee of 70 pence, be entitled to obtain a certificate from the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof.

General obligations with regard to fire safety.

55. —(1) The following provisions of the Fire Services Act, 1981 , are hereby repealed—

(a) subparagraph (i) of subsection (1) (f) of section 18, and

(b) subsection (2) (b) of section 19.

(2) Sections 45 (as amended by the Safety in Industry Act, 1980), 46, 47 (as amended by the Safety in Industry Act, 1980), 48 and 122 (2) of the Factories Act, 1955, are hereby repealed.

(3) Section 27 of the Safety in Industry Act, 1980, is hereby repealed.

Inquest in case of death by accident or disease at work.

56. —Where a coroner holds an inquest on the body of any person whose death may have been caused by an accident which occurred or a disease which was contracted at a place of work, the following provisions shall have effect—

(a) the coroner shall adjourn the inquest unless—

(i) an inspector or some other person appearing on behalf of the Authority or an enforcing agency, as the case may be, is present to watch the proceedings, or

(ii) in case the inquest relates to the death of not more than one person and the coroner has sent to the Authority or to an enforcing agency, as the case may be, notice of the time and place of holding the inquest at such time as to reach the Authority or an enforcing agency not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest;

(b) if the coroner adjourns the inquest—

(i) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

(ii) he shall, at least four days before holding the adjourned inquest, send to the Authority or to an enforcing agency, as the case may be, notice in writing of the time and place of holding the adjourned inquest;

(c) no person having a personal interest in or employed in or about or in the management of the place of work in or about which the accident or disease occurred or was contracted shall be qualified to serve on the jury;

(d) it shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (c) of this section and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury;

(e) the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor—

(i) an inspector or any other person appearing on behalf of the Authority or an enforcing agency, as the case may be,

(ii) any relation or friend of the person in respect of whose death the inquest is being held,

(iii) the employer at the place of work in which the accident or disease occurred or was contracted,

(iv) any person appointed in writing by the majority of the persons employed at the place of work,

(v) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the place of work belongs,

(vi) any person appointed in writing by any association of employers of which the employer at the place of work is a member;

(f) where an inspector or a person on behalf of the Authority or an enforcing agency, as the case may be, is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or disease, or of any defect in or about the place of work appearing to the coroner or jury to require a remedy, the coroner shall send to the Authority or to an enforcing agency, as the case may be, notice in writing of the neglect or defect.

Application of Act to prisons, etc.

57. —This Act shall apply to prisons and places of detention unless its application is incompatible with safe custody, good order and security.

Increases in miscellaneous penalties.

58. —The following provisions shall have effect—

(a) the maximum penalty for an offence under section 74 (3) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(b) the maximum penalty for an offence under section 76 (2) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(c) the maximum penalty for an offence under section 76 (5) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(d) the maximum penalty for an offence under section 91 (5) (as inserted by section 56 (a) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £150 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £15 were a reference to £150;

(e) the maximum penalty for an offence under section 104 (as inserted by section 56 (j) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £100 and, accordingly, that section shall be construed and have effect as if the reference therein to £6 were a reference to £100;

(f) the maximum penalty for an offence under section 119 (1) (as inserted by section 56 (l) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £300 or £25 per day and, accordingly, that section shall be construed and have effect as if the references therein to £30 and £3 were references to £300 and £25 respectively;

(g) the maximum penalty for an offence under section 120 (3) (as inserted by section 56 (m) of the Safety in Industry Act, 1980) of the Factories Act, 1955, shall be £300 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £30 were a reference to £300;

(h) the maximum penalty for an offence under section 139 of the Mines and Quarries Act, 1965 , shall be £100 and, accordingly, that section shall be construed and have effect as if the reference therein to £20 were a reference to £100;

(i) the maximum penalty for an offence under section 142 of the Mines and Quarries Act, 1965 , shall be £300 and, accordingly, that section shall be construed and have effect as if the reference therein to £5 were a reference to £300;

(j) the maximum penalty for an offence under section 52 (1) of the Dangerous Substances Act, 1972, shall be £1,000 or a prison term not exceeding 12 months and, accordingly, that subsection shall be construed and have effect as if the reference therein to £100 were a reference to £1,000 and the reference to six months were a reference to 12 months; and

(k) the maximum penalty for an offence under section 52 (2) of the Dangerous Substances Act, 1972, shall be £200 and, accordingly, that subsection shall be construed and have effect as if the reference therein to £20 were a reference to £200.

Licences.

59. —(1) The Minister may, for the purpose of protecting the safety, health or welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity to which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority, which licence the Authority is hereby authorised to issue.

(2) The Authority may attach conditions to a licence issued in accordance with subsection (1) as it thinks proper including conditions as to its expiry or revocation.

(3) The Authority may at its discretion grant or refuse an application for a licence under this section.

(4) The Authority may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.

(5) (a) The Authority shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper.

(b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

(6) If the Authority refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority shall, at his request, deliver to him a certificate stating the grounds on which it has refused a licence or attached the conditions.

(7) The applicant may appeal to the High Court from the decision of the Authority within ten days after receipt of the certificate or such further time as the High Court may allow.

(8) On the hearing of an appeal from a decision of the Authority refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the Court may confirm the decision or may direct the Authority to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

(9) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.

Civil liability.

60. —(1) Nothing in this Act shall be construed—

(a) as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by or under sections 6 to 11 , or

(b) as affecting the extent (if any) to which breach of a duty imposed by any of the existing enactments is actionable.

(2) Breach of a duty imposed by regulations made under section 28 shall, so far as it causes damage, be actionable except in so far as regulations provide otherwise.

(3) Subsections (1) and (2) shall apply without prejudice to any right of action which exists apart from the provisions of this Act.

(4) Any term of an agreement which purports to exclude or restrict the operation of subsection (2) of this section, or any liability arising by virtue of that subsection shall be void, except in so far as regulations made under section 28 provide otherwise.

(5) In this section “damage” includes death of or personal injury to any person.

Immunity of Authority or enforcing agency.

61. —No action or other proceedings shall lie or be maintainable against the Authority or an enforcing agency or any person referred to in section 16 (3) (a) for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions imposed on the said Authority or enforcing agency or person referred to in the said section 16 (3) (a).