Health & Safety Legal Facts

 

Safety statements

Every company is legally required to have a ‘Safety Statement’ under the Safety Health and Welfare at work act 2005(section 20). This is a detailed document laying out how the company intends to manage health and safety for their business. FWS can develop and produce a Safety Statement for your company at an economic cost.
Prosecutions for non compliance

Apart from a civil case taken against a company by an injured party the HAS can also take a company to court even if an accident has not occurred. They can bring companies to court for not having a safety statement, or  having an unsafe place of work etc.  In this case  it is a criminal action taken against the company, but in some cases a Director or Senior manager can be held liable, the punishment can be:

  • District court 3k euro and up to 6 months imprisonment.
  • Circuit Criminal Court 3 Million Euro and up to 2 years imprisonment.
Also please note your company cannot insure against a criminal action so it is a  direct cost to the business apart from the risk of imprisonment.

Facilities Management Legal Facts

Safe place of work

Under common law a safe place of work is a basic requirement before we even look at legislation.

There are some basic areas to keep your business safe :

  • Regular Fire Drills
  • Ensure statutory safety equipment are serviced to requirements eg. Fire Alarm.
  • Regular checking and hazard audio performed
  • Regulated services contractors.
  • Ensuring all contractors have appropriate insurance for their work.
  • Ensuring appropriate H&S procedures are followed eg. Permit system etc hazardous work.
This is only a small snapshot of some legal requirements, if you have any specific questions please give us a call we are happy to advise.

 
FWS Ltd. Sandygrove Blackrock Co. Louth
Tel: (042) 9323150 Email:
info@fws.ie
 
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