6.1              Health and Safety Legislation

Boards of Management, as employers have a responsibility to provide for the Health and Safety of their employees in accordance with statute law. The Safety, Health and Welfare at Work Act of 1989 (hereinafter referred to as the 1989 Act) is the principal such statute. Further significant statutes are:

§  The Safety, Health and Welfare at Work (General Application) Regulations, 1993 and the 2001 and 2003 amendment Regulations;

§  The Maternity Protection Act, 1994 and associated Regulations and Orders;

§  The Safety, Health and Welfare at Work (Chemical Agents) Regulations, 2001;

§  The Organisation of Working Time Act, 1997;

§  The Children Act, 2001;

§  The Safety, Health and Welfare at Work (Construction) Regulations, 200l and 2003.

§  The Public Health Tobacco (Amendment) Act 2004

Details of these statutes may be found on the website of the Health and Safety Authority

Responsibilities imposed by the Safety, Health and Welfare Act 1999 and its associated regulations apply only to employees of the Board. However, common law and its role as manager of the school imposes an equal, if not greater, duty of care on the Board and on all of its employees for the health, safety and welfare of pupils and visitors to the school.

Boards are advised to refer to Section 32 of the Department of Education and Science Administrative and Financial Guidelines for Community and Comprehensive Schools which deals with Health and Safety Legislation and with the functions of the Health and Safety Authority.

Appendix 12 of the guidelines outlines Health and Safety Legislation; the steps to be taken in preparing a Safety Statement; and a suggested format for a Safety Statement.