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Safety, Health and Welfare at Work Act 2005 (No. 10)Introductory TextActs Referred ToPart 1 Preliminary and General (ss. 1-7)1. Short title and commencement.2. Interpretation.3. Service of notices, etc.4. Repeals and savings.5. Expenses.6. Application of relevant statutory provisions to certain public service activities.7. Application of relevant statutory provisions to self-employed persons.Part 2 General Duties (ss. 8-17)Chapter 1 General Duties of Employer (ss. 8-12)8. General duties of employer.9. Information for employees.10. Instruction, training and supervision of employees.11. Emergencies and serious and imminent dangers.12. General duties of employers to persons other than their employees.Chapter 2 General Duties of Employee and Persons in Control of Places of Work (ss. 13-15)13. Duties of employee.14. Interference, misuse, etc.15. General duties of persons in control of place of work, etc.Chapter 3 General Duties of Other Persons (ss. 16-17)16. General duties of designers, manufacturers, importers and suppliers of articles and substances.17. Duties related to construction work.Part 3 Protective and Preventive Measures (ss. 18-24)18. Protective and Preventive Measures.19. Hazard identification and risk assessment.20. Safety statement.21. Duty of employers to co-operate.22. Health surveillance.23. Medical fitness to work.24. Joint safety and health agreements.Part 4 Safety Representatives and Safety Consultation (ss. 25-31)25. Safety representatives.26. Consultation and participation of employees, safety committees.27. Protection against dismissal and penalisation.28. Decision of adjudication officer under section 41 of Workplace Relations Act 2015.29. Decision of Labour Court on appeal from decision referred to in section 28.30. Enforcement of determinations of Labour Court.31. Evidence of failure to attend before or give evidence or produce documents to Labour Court.Part 5 The Authority (ss. 32-56I)Chapter 1 The Authority (ss. 32-51)32. Continuance in being of Authority.33. Minister may prescribe persons to perform certain functions.33A. Transfer of accreditation from Forfás.34. Functions of Authority.35. Conferral of additional functions on Authority.36. Establishment of subsidiaries.37. Membership of Authority.38. Advisory committees.39. Chief Executive.40. Consultants and advisers.41. Disclosure of certain interests by members of Authority.42. Disclosure of certain interests by members of staff of Authority.43. Strategy statement.44. Work programme of Authority.45. Grants to Authority.46. Power to borrow.47. Fees for services, etc.48. Accounts and audits.49. Attendance before Committee of Public Accounts.50. Attendance before other committees of Houses of the Oireachtas.51. Reports and information to the Minister.Chapter 2 Staff of Authority (ss. 52-56)52. Staff of Authority53. Remuneration of staff of Authority.54. Transfer of officers etc., to Authority.54A. Transfer of certain members of staff of Forfás to Authority.55. Code of conduct.56. Superannuation of staff of Authority.Chapter 3 Irish National Accreditation Board (ss. 56A-56I)56A. Irish National Accreditation Board.56B. Transfer of property to Authority.56C. Transfer of rights and liabilities.56D. Liability for loss.56E. Provisions consequent upon transfer of assets and liabilities to Authority.56F. Records.56G. Appeals Board.56H. Appeal to Appeals Board.56I. Disclosure of certain interests by members of Accreditation Board.Part 6 Regulations, Codes of Practice and Enforcement (ss. 57-76)Chapter 1 Regulations and Codes of Practice (ss. 57-61)57. Review of legislation.58. Regulations.59. Miscellaneous adaptations.60. Codes of practice.61. Use of codes of practice in criminal proceedings.Chapter 2 Enforcement (ss. 62-71)62. Authorisation of inspectors.63. Medical examinations.64. Powers of inspectors.65. Directions for improvement plan.66. Improvement notice.67. Prohibition notice.68. Contravention of prohibition notice - application to High Court.69. Notices to be displayed.70. Investigations and special reports.71. Order of High Court as to use of place of work.Chapter 3 Obtaining and Disclosure of Information (ss. 72-76)72. Power to require information.73. Prohibition on unauthorised disclosure of confidential information.74. Amendment of Freedom of Information Act 1997.75. Disclosure of information.76. Disclosure of information by inspector in certain circumstances.Part 7 Offences and Penalties (ss. 77-85)77. Offences.78. Penalties.79. Provisions regarding certain offences.80. Liability of directors and officers of undertakings.81. Onus of proof.82. Prosecution of offences.83. Appeals from orders.84. Evidence.85. Publication of names of certain persons.Part 8 Miscellaneous (ss. 86-89)86. Indemnification of inspectors, etc.87. Powers of officer of customs and excise to detain articles, etc.88. Licences.89. Amendment of National Standards Authority of Ireland Act 1996.Schedule 1 Associated Statutory ProvisionsSchedule 2 Existing EnactmentsSchedule 3 General Principles of PreventionSchedule 4 Safety CommitteesSchedule 5 The AuthoritySchedule 6 The Chief ExecutiveSchedule 6A Irish National Accreditation BoardSchedule 7 Regulations
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2005 - onwards
Version 2 of 2

74. Amendment of Freedom of Information Act 1997.

The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003), by inserting the following after paragraph (db):

"(dc) a record held or created under the relevant statutory provisions by the Health and Safety Authority or an employee of the Authority, relating to or arising from its enforcement functions (other than a record concerning any other functions of the Authority or the general administration of the Authority),".

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