Safety, Health and Welfare at Work Regulations 2016

Minister for Employment and Small Business, Pat Breen has signed the Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016.

The Regulations set out the statutory responsibilities on employers in relation to the reporting of workplace accidents and dangerous occurrences to the Health and Safety Authority.

The regulations will come into effect from 1^st November 2016.

The Regulations clearly set out the type of accidents that should be reported to the HSA, in addition to providing clear guidance as to what type of incidents constitute “Dangerous Occurrences” for the purpose of reporting.

The Regulations contain a number of updates and amendments including:

• Changes to the requirements for reporting injuries involving members of the public, with the requirement now limited only to those injuries which result in the person being taken from the site of the accident to a hospital for treatment for that injury
• Removal of the requirement for a family member to report a fatal accident involving a self-employed person
• Specified timelines for making reports to the Health and Safety Authority, requiring fatal injuries to be reported within 5 working days and non-fatal injuries to be reported within 10 days of the incident
• Clarification on incidents related to medical treatment or pre-existing medical conditions that are not reportable to the Authority. Regulation 225 does not apply to an accident which occurs at a place of work where or as a result of a work activity in relation to when a person suffers any disease, occupational illness or any impairment of mental condition.

Employers are advised to review and update their health and safety policies and their accident reporting and investigative procedures to ensure that they are compliant with the new legislation.

For more information on the recent changes contact Marc Fitzgibbon, Partner in our Employment Law Group.