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?

Conduct an Equality Training seminar for all staff Signup and view all the answers

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

They failed to take reasonable action to stop the bullying Signup and view all the answers

Who holds the primary responsibility for worker safety and health?

Employers 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?

Both the person and the undertaking can be found guilty. Signup and view all the answers

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

To comply with relevant safety and health laws. Signup and view all the answers

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

Comply with the request. 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?

If their duties involved decision-making affecting management. Signup and view all the answers

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

Ensure adequate instruction and training. Signup and view all the answers

What behavior is considered improper for employees at the workplace?

Ingestion of intoxicants. Signup and view all the answers

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

To look out for one another's safety. Signup and view all the answers

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

They can influence enforcement actions by the HSA. Signup and view all the answers

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

Provision of safe transportation. Signup and view all the answers

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

If it leads to an accident and prosecution. Signup and view all the answers

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

All modes of access offered must be safe. 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?

Lack of evidence of ineffective cleaning. Signup and view all the answers

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

Properly maintained and safe equipment. Signup and view all the answers

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

Staff members who are adequately trained for their tasks. Signup and view all the answers

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

It may expose employees to unnecessary risks. Signup and view all the answers

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

A person trained and experienced according to the nature of the work. Signup and view all the answers

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

Employers should take all steps that are within reason to ensure safety. 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?

The employer provided a defective tool without alternatives. Signup and view all the answers

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

To ensure safety, health, and welfare at work as far as is reasonably practicable. 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?

Proper breathing equipment was unavailable. Signup and view all the answers

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

A self-employed individual overseeing their own work. Signup and view all the answers

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

The employer was liable due to equipment maintenance failure. Signup and view all the answers

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

Employers are liable for the full extent of injury, regardless of a person's pre-existing conditions. Signup and view all the answers

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

Ensuring safety and preventing improper conduct at work. Signup and view all the answers

What must employers demonstrate regarding risks in the workplace?

That they have taken reasonably foreseeable steps against risks. Signup and view all the answers

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

Standing on an unstable stool to reach the machine. Signup and view all the answers

Who is considered an employee according to the statutory provisions?

Any person under the control and direction of an employer. 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?

The blades needed maintenance and sharpening. Signup and view all the answers

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

Taking extreme actions that significantly exceed the requirements. Signup and view all the answers

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

Employers are liable if accidents result from unsafe work conditions. Signup and view all the answers

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

The equipment was authorized for use but not provided in time. Signup and view all the answers

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

Negligently providing unsafe work systems Signup and view all the answers

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

To select competent employees and be aware of any known incompetence Signup and view all the answers

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

The compensation was reduced by 20% due to the employee's actions Signup and view all the answers

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

Employers should deal with reported instances of workplace stress Signup and view all the answers

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

Assisting with the identification of multiple family members Signup and view all the answers

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

An employer can be held liable for an employee's suicide Signup and view all the answers

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

If the employee chooses not to wear provided safety gear Signup and view all the answers

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

The employer's awareness of the employee’s incompetence Signup and view all the answers

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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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.