Information Circular No 25/2018: Rights and Obligations – Safety Health and Welfare at Work Act 2005

By Industrial Relations Officer

PDFORRA wishes to remind its members of the obligations on employers under Section 8 of the Safety Health and Welfare at Work Act 2005. Additionally, the Association reminds personnel of their obligations under Section 13 of the same Act, and the protections afforded under Section 27.

Section 8(1) of the Health Safety and Welfare at Work Act 2005 commits employers, inter alia, to:
“[e]nsure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.”
This provision is wide ranging and commits employers to managing work activities and practices so as to limit the risk to employees.

Section 13 (1) (a) of the aforementioned Act imposes upon employees an obligation, inter alia, to:
“comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee’s acts or omissions at work”

The foregoing obligation infers an obligation on employees to report any practice or defect in their place of work.

Consequentially, employees are obliged to report circumstances which could give rise to illness or injury to them or their colleagues.

Section 27 of the aforementioned Act gives protection to employees from penalisation for having reported risks to employers. PDFORRA has, in the past, assisted numerous members who were penalised following penalisation for having reported Health and Safety issues.

This Association will continue to support our members who act in the best interests of themselves and their colleagues by reporting potential incidents of risk.

Issued on: 12/09/2018

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