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What to Keep an Eye Out For... (FEb 14)

Garda Vetting

As organisations may be aware, there have been significant changes to the legislation surrounding the process of Garda Vetting Applications in the Republic of Ireland. The National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 and Explanatory Memorandum were enacted into Irish legislation following its passing in December 2012. Commencement of the Act has, unfortunately, been unavoidably delayed.  Due to a case taken in the UK, it has been necessary to conduct a review of the provisions concerning the disclosure of certain old minor convictions under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.

It was expected that this legislation would be enacted in October or November 2013.  However, it is understood now that the enforcement order for this Act is planned to be considered by the Oireachtas in early 2014.

Health & Safety Report - Total of 46 killed in workplace incidents in 2013

Based on figures released from the Health and Safety Authority (HSA) a total of 46 people were killed in work-related accidents over the course of 2013. This compared to a total of 48 deaths in 2012.  Martin O’Halloran, CEO of the HSA, reported that “generally our investigations show that these tragedies could have been prevented.”

Incidents involving vehicles at work accounted for 20 of last year’s workplace fatalities.

The agricultural and construction sectors represented the highest number of fatalities reflecting the potential hazardous nature of work.  An increase in fatalities was noted in these sectors compared to 2012, along with the transportation and storage sectors.

The Safety, Health and Welfare at Work Act 2005 places responsibility for health and safety on all Stakeholders in an organisation. The Act sets out the responsibilities and roles of Employers, the Self-Employed, Employees and other stakeholders in addition to the enforcement procedures needed to ensure that all goals are met.

Reporting a Fatality at Work

The person who is responsible for reporting a fatal accident must:

  • Provide the Health and Safety Authority with the name of the deceased person,
  • The location of the accident and brief details of the accident, by the swiftest possible means. 
Submit a written report of the incident, on the approved form, to the Health and Safety Authority as soon as possible.

The responsible person should ensure that on no account does any person disturb the accident scene prior to:

  • The scene being examined by an Inspector
  • 3 clear days after notification of the accident
If an injured person dies within a year of the accident, the responsible person is required to notify the Health and Safety Authority in writing as soon as possible after the death comes to their attention, even if the incident has not previously been notified to the Health and Safety Authority.

The Gardaí should be informed straightaway of all workplace accidents causing death. 

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