As an employer, you have a wide range of responsibilities when it comes to health and safety at work – but your employees are also required to comply with legislation too. Let’s take a quick look at the rules and the potential consequences of non-compliance.
The main legislation that applies to the health and safety of people in the workplace are the Safety, Health and Welfare at Work Acts 2005 and 2010. They apply to all employers, employees and self-employed people, and include the responsibility to:
- Know about the risks in your work
- Control the risks that require it
- Make sure the risks stay controlled
The duties of employees while at work are set out in Section 13 of the Irish Act:
- Not to engage in improper behaviour that will endanger themselves/others
- Not to be under the influence of drink/drugs in the workplace
- To undergo any reasonable medical or other assessment if requested to do so by the employer
- To report any defects in the place of work or equipment that might be a danger to health and safety
Enva Ireland Limited -v- Davis (UDD1772)
In this case, the employer provided for the treatment and disposal of a diverse range of waste on behalf of both public and private sector customers.
The employer received a complaint from a key customer, Irish Rail, to say that the employee had been stopped by an Irish Rail manager as he crossed over three live railway lines. He had crossed back over the railway lines after being previously reprimanded and warned.
The Labour Court noted that health and safety procedures were of “critical importance” and that “
[i]n line with the EAT decision in Besebvei v Rosderra Irish Meats Group Limited the Court finds it unacceptable that an employee should arbitrarily decide not to comply with health and safety measures where such strong emphasis has been placed on it, in a situation of potential danger.”
They agreed with the WRC’s earlier decision that the employee had contributed 90% to his own dismissal, and as a result, he was awarded just €3,700.
If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50
