Health and Safety at Work Act 1989-2005
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Questions and Answers

What was one of the main requirements ordered by the Tribunal in the Gabriele Piazza case?

  • Change the HR manager
  • Revise and redraft the 'Respect and Dignity' document (correct)
  • Increase employee salaries
  • Install surveillance cameras

In the case of Mr. Quigley, what was the reason for his compensation award?

  • Psychiatric injury due to workplace bullying (correct)
  • Workplace discrimination based on age
  • Unfair dismissal
  • Sexual harassment by peers

What is insufficient to prevent workplace harassment according to the equality officer in the Piazza case?

  • Monitoring employee interactions
  • The existence of a policy on harassment (correct)
  • Employees being aware of harassment complaints
  • Regular employee training

What was one of the actions that the Tribunal mandated for the company in the Piazza case?

<p>Conduct an Equality Training seminar for all staff (C)</p> Signup and view all the answers

What did Mr. Quigley claim about the company's response to his complaints?

<p>They failed to take reasonable action to stop the bullying (B)</p> Signup and view all the answers

Who holds the primary responsibility for worker safety and health?

<p>Employers (B)</p> Signup and view all the answers

What can happen if a director or manager is found to have neglected their duties related to health and safety?

<p>Both the person and the undertaking can be found guilty. (B)</p> Signup and view all the answers

What is one of the general duties of employees regarding workplace behavior?

<p>To comply with relevant safety and health laws. (A)</p> Signup and view all the answers

What should employees do if they are reasonably required to submit to a test by their employer?

<p>Comply with the request. (A)</p> Signup and view all the answers

Under what condition can a director be presumed to have authorized or consented to acts that led to an offense?

<p>If their duties involved decision-making affecting management. (B)</p> Signup and view all the answers

What must employers do to ensure the safety, health, and welfare of employees?

<p>Ensure adequate instruction and training. (C)</p> Signup and view all the answers

What behavior is considered improper for employees at the workplace?

<p>Ingestion of intoxicants. (B)</p> Signup and view all the answers

What is expected from employees in terms of cooperation at the workplace?

<p>To look out for one another's safety. (B)</p> Signup and view all the answers

What is a key benefit of Joint Safety and Health Agreements?

<p>They can influence enforcement actions by the HSA. (B)</p> Signup and view all the answers

Which of the following is NOT one of the four common law duties of employers?

<p>Provision of safe transportation. (B)</p> Signup and view all the answers

Under what circumstance can failing to adhere to a Code of Practice be significant?

<p>If it leads to an accident and prosecution. (A)</p> Signup and view all the answers

In the case of Kielthy -v- Ascon Ltd., what was emphasized about the employer's duty?

<p>All modes of access offered must be safe. (C)</p> Signup and view all the answers

What can lead to a failure in establishing liability in a slip-and-fall case, as seen in Kenny -v- Irish Shipping?

<p>Lack of evidence of ineffective cleaning. (B)</p> Signup and view all the answers

What type of equipment must employers provide to their employees under common law?

<p>Properly maintained and safe equipment. (C)</p> Signup and view all the answers

In the context of workplace safety, what does the term 'competent staff' imply?

<p>Staff members who are adequately trained for their tasks. (C)</p> Signup and view all the answers

What potential issue arises if an employer uses inferior equipment, as illustrated in Deegan -v- Langan?

<p>It may expose employees to unnecessary risks. (D)</p> Signup and view all the answers

What defines a 'competent person' in the context of work-related tasks?

<p>A person trained and experienced according to the nature of the work. (D)</p> Signup and view all the answers

What does 'reasonably practicable' imply for an employer's duties?

<p>Employers should take all steps that are within reason to ensure safety. (C)</p> Signup and view all the answers

What was the main reason the employer was found fully liable for the employee's injury in the case of the nail accident?

<p>The employer provided a defective tool without alternatives. (A)</p> Signup and view all the answers

Which of the following best describes the employer's duty under Section 8 of the 2005 Act?

<p>To ensure safety, health, and welfare at work as far as is reasonably practicable. (D)</p> Signup and view all the answers

In the case of Gardiner v Minister for Defence, what was a significant factor that contributed to the plaintiff's husband's death?

<p>Proper breathing equipment was unavailable. (D)</p> Signup and view all the answers

Under the definition of 'employer', which scenario is included?

<p>A self-employed individual overseeing their own work. (C)</p> Signup and view all the answers

What did the court rule regarding the employer's liability in the Burke v John Paul Ltd case?

<p>The employer was liable due to equipment maintenance failure. (B)</p> Signup and view all the answers

What does the egg-shell skull rule imply in terms of employer liability?

<p>Employers are liable for the full extent of injury, regardless of a person's pre-existing conditions. (D)</p> Signup and view all the answers

What is the primary focus of the 'managing and conducting' responsibilities given to employers?

<p>Ensuring safety and preventing improper conduct at work. (C)</p> Signup and view all the answers

What must employers demonstrate regarding risks in the workplace?

<p>That they have taken reasonably foreseeable steps against risks. (C)</p> Signup and view all the answers

In the Guckian v Cully case, what was the unsafe system of work primarily associated with?

<p>Standing on an unstable stool to reach the machine. (B)</p> Signup and view all the answers

Who is considered an employee according to the statutory provisions?

<p>Any person under the control and direction of an employer. (C)</p> Signup and view all the answers

What aspect of equipment did the employer fail to address in the Burke case, leading to the employee's injury?

<p>The blades needed maintenance and sharpening. (A)</p> Signup and view all the answers

In the context of identifying hazards, what constitutes 'grossly disproportionate' measures?

<p>Taking extreme actions that significantly exceed the requirements. (A)</p> Signup and view all the answers

How does the duty to provide a safe system of work relate to employer liability?

<p>Employers are liable if accidents result from unsafe work conditions. (A)</p> Signup and view all the answers

Which factor contributed to the court's decision in the case concerning the provision of breathing apparatus?

<p>The equipment was authorized for use but not provided in time. (D)</p> Signup and view all the answers

What was the primary negligence found against the employer in Heeney v Dublin Corpn?

<p>Negligently providing unsafe work systems (C)</p> Signup and view all the answers

What duty of care does an employer have regarding their employees' competencies?

<p>To select competent employees and be aware of any known incompetence (D)</p> Signup and view all the answers

In the case of Guckian -v- Cully, what was the outcome related to contributory negligence?

<p>The compensation was reduced by 20% due to the employee's actions (C)</p> Signup and view all the answers

What obligation regarding workplace stress was recognized in Saehan Media Ireland Ltd V A Worker?

<p>Employers should deal with reported instances of workplace stress (C)</p> Signup and view all the answers

In the case of Cuddy V Mays, what caused the porter’s psychological trauma?

<p>Assisting with the identification of multiple family members (B)</p> Signup and view all the answers

What was a significant finding in the case of Corr V IBC Vehicles Ltd regarding employer liability?

<p>An employer can be held liable for an employee's suicide (D)</p> Signup and view all the answers

In what circumstance might an employee be considered guilty of contributory negligence?

<p>If the employee chooses not to wear provided safety gear (C)</p> Signup and view all the answers

What is a critical factor for an employer's liability in employing incompetent staff?

<p>The employer's awareness of the employee’s incompetence (A)</p> Signup and view all the answers

Flashcards

Competent Person

A person deemed competent when they have enough training, experience and knowledge for the job, considering its hazards and size.

Reasonably Practicable

An employer has taken all reasonable measures to identify and control risks, unless any further action is overly costly or difficult, considering the rare or unforeseen nature of the hazard.

Employer's Duty of Care

An employer is responsible for the safety of all employees, including those not directly employed but under their control (e.g., seconded or borrowed workers).

Self-Employed Duty of Care

Self-employed individuals have the same safety responsibilities as employers towards themselves.

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General Duty of Employer

An employer must take all reasonable measures to ensure the health, safety and welfare of employees at work.

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Employer Duty to Prevent Unsafe Conduct

Employers must implement measures to prevent unsafe conduct or behaviour that could harm employees at work.

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Managing and Conducting Work Activities

The employer's responsibility extends to 'managing and conducting' work activities, focusing on preventing unsafe behaviour and promoting safety in the workplace.

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Employer's Duty of Care

This refers to the legal obligation of an employer to take reasonable measures to ensure the safety, health and welfare of their employees at work

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Employer Responsibility

Employers are primarily responsible for workplace safety and health, as they create the risks.

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Managerial Responsibility

Managers and directors have a social duty to ensure worker safety and health.

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Managerial Presumption

The law presumes that managers are responsible if their decisions led to safety violations, unless they prove otherwise.

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Employee Responsibility

Workers must follow health and safety laws and cooperate with their employers.

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Intoxicant Prohibition

Employees must not be under the influence of alcohol or drugs at work.

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Training and Instruction

Employers must provide training and instruction on safety and health.

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Safety of Non-employees

Employers must ensure the safety of non-employees on their premises.

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Training without Loss of Earnings

Employers must ensure employees are not financially disadvantaged for receiving safety training.

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Joint Safety and Health Agreement

An agreement between employers and trade unions that outlines practical guidance on health and safety within a specific industry or sector.

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Codes of Practice

Documents that provide detailed guidelines on safety procedures and activities.

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Common Law Duty of Employers

The legal responsibility that employers hold to ensure the safety of their employees. It encompasses several key duties, including providing a safe workplace, proper equipment, a safe work system, and competent staff.

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Provision of a Safe Place of Work

The employer's obligation to provide and maintain a safe environment for employees. This includes protecting them from hazards and ensuring safe access to the workplace.

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Provision of Safe / Proper Equipment

The employer's responsibility to equip employees with appropriate tools and ensure their proper maintenance. This protects workers from potential risks associated with faulty equipment.

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Provision of a Safe System of Work

The employer's duty to design and implement work procedures that minimize risks and ensure the safety of all employees. This involves clearly defined steps and hazard mitigation strategies.

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Provision of Competent Staff

The employer's responsibility to hire employees who are qualified and adequately trained for their roles. This ensures that workers have the necessary skills and knowledge to perform their duties safely.

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Duty to provide safe equipment

The employer has a duty to provide safe equipment to their employees, including ensuring the equipment is maintained and working properly. This includes providing appropriate safety gear and ensuring any equipment used is in good working order.

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Duty to provide a safe system of work

The employer is responsible for creating a safe working environment with proper procedures and practices. This includes clear instructions, proper training and adequate safety measures.

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Employer liability for defective equipment

If an employee is injured due to faulty equipment and the employer knew or should have known about the defect, the employer is fully liable.

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Employer's duty to maintain equipment

The employer is responsible for maintaining equipment even if it becomes worn or damaged over time. They must have a system in place for regular inspection and repair.

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Egg-shell skull rule

Even if an employee has a pre-existing condition (like a weak back), the employer is still liable if the work environment caused the injury. This means the employer is responsible for the full extent of the injury, including any exacerbation of pre-existing conditions.

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Employee non-contributory negligence

The employee is not considered negligent if they are forced to use unsafe equipment due to the employer's failure to provide alternatives.

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Duty to provide training and information

The employer has a duty to provide adequate training and protective measures to ensure their employees can perform their work safely. This includes providing training and information about the risks associated with the job.

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Employer's liability for workplace accidents

The employer can be held liable for injuries that occur in their workplace if they failed to provide a safe working environment or adequate equipment, even if the injury is caused by an employee's own negligence.

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Dignity at Work Charter

A written document outlining an organization's commitment to preventing workplace bullying, outlining expectations and procedures.

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Effective Communication and Application of Policy

Involves taking specific and effective actions to put a policy into practice, rather than simply having a policy on paper.

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Equality Training Seminar

Training that aims to educate employees about equality and diversity in the workplace, focusing on preventing discrimination and harassment.

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Quigley v Complex Tooling and Moulding

A legal case highlighting the importance of an employer's responsibility to prevent workplace bullying. The employee was awarded compensation for psychiatric injury due to bullying.

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Gabriele Piazza v The Clarion Hotel

A legal case emphasizing the insufficiency of a policy alone to prevent workplace harassment. Effective communication and application of the policy is essential.

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Unsafe System of Work

An employer's responsibility to provide a safe working environment and systems, including clear instructions and appropriate equipment.

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Duty to Provide Competent Staff

An employer must take reasonable measures to ensure employees are competent for the job, meaning they have the necessary skills, knowledge, and experience.

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Contributory Negligence

When an employee's actions contribute to their injury, reducing the employer's liability.

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Workplace Stress Obligation

Employers have a responsibility to address workplace stress, including taking steps to prevent and manage it when it arises.

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Psychological Trauma in the Workplace

An employer can be held liable for psychological injury caused by work-related events, even if there's no physical harm.

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Employer Liability for Suicide

An employer can be held liable for an employee's suicide if work-related factors contributed to it.

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Study Notes

Safety, Health and Welfare at Work Act, 1989-2005

  • The 2005 Act replaced the 1989 Act, expanding protection to all workplaces, employers, employees, and the self-employed.
  • Obligations are placed on all parties to maintain a safe workplace.
  • Employers have a duty of care to ensure workplaces and work systems are safe.

Remedies for Injured Employees

  • Injured employees may sue employers for breach of statutory duty (section 8 of the 2005 Act). Proof of the employer's failure to comply with the act and the subsequent injury is necessary.
  • Employees may sue for breach of common law duty of care. The employee must prove negligence by the employer, meaning the employer failed to take reasonable care for the employee's safety.

Health and Welfare at Work Act 2005

  • The Act modernizes occupational health and safety laws.
  • The primary focus is on preventing workplace accidents, illnesses, and dangers.
  • Penalties for violations of safety and health laws are increased to deter unsafe practices.
  • Defines "competent person" and "reasonably practicable."

Reasonably Practicable

  • In relation to employers' duties, it means employers have taken all necessary protective and preventive actions after identifying workplace hazards and assessing risks and potential for injury.
  • It does not require unattainable measures; actions must be proportionate to unusual, unforeseeable, or exceptional circumstances.

Competent Person

  • A competent person is someone with the appropriate training, experience, and knowledge for a given task, considering the workplace size, hazards, and establishment.

General Duties of Employers (Section 8 of the 2005 Act)

  • Employers must ensure workplace safety and health, as far as reasonably practicable. This includes preventative measures against improper conduct.
  • Employers must manage and conduct activities in relation to workplace design, provision, and maintenance, ensuring they are safe, with safe entry and exit points.
  • Employers are responsible for a safe system of work, training, and providing necessary supervision
  • Appropriate emergency and accident plans must be in place.
  • Reporting of accidents and dangerous occurrences to the Health & Safety Authority.
  • Employers must employ competent staff.

General Duties of Employees

  • Employees must comply with safety and health laws.
  • Employees must not be under the influence of intoxicants in the workplace.
  • Employees should cooperate with employers, wear necessary safety gear, and avoid unsafe conduct.
  • Employees must protect others from risk.

Joint Safety and Health Agreements

  • Employers and trade unions can create practical guidance for safety measures in specific industries to be recognised by the HSA.

Codes of Practice

  • Codes of practice provide guidelines for safety procedures and activities.
  • Non-compliance with recognised codes can be presented as evidence in court cases related to accidents.

Common Law Duty of Employers

  • Provision of a safe place of work.
  • Provision of adequate equipment.
  • Provision of a safe system of work.
  • Provision of competent staff.

Contributory negligence

  • Employee actions that contribute to their own injuries can reduce employer liability. This requires considering employee actions in a case-by-case basis.

Welfare at Work and Bullying

  • Employers have an obligation to address issues like workplace stress.
  • Bullying is considered inappropriate behaviour and employers must take preventative measures.
  • Bullying encompasses different forms of conduct (undermining, humiliation, verbal abuse, intimidation, exclusion, unfair assignments, threats, and unreasonable deadlines).

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Safety, Health, and Welfare at Work Act 2005 PDF

Description

This quiz covers the key aspects of the Health, Safety and Welfare at Work Act from 1989 to 2005. It highlights the responsibilities of employers, rights of injured employees, and modernized safety regulations. Test your knowledge on workplace safety obligations and remedies available for injuries.

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