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7 1989

SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

PART III

National Authority for Occupational Safety and Health

Establishment day.

14. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Establishment of the Authority.

15. —(1) On the establishment day there shall stand established a body single to be known in the Irish language as An tÚdarás Náisiúnta um Shábháilteacht agus Sláinte Ceirde and in the English language as the National Authority for Occupational Safety and Health (which body is referred to in this Act as “the Authority”) to perform the functions assigned to it by this Act.

(2) The provisions of the First Schedule to this Act shall have effect with respect to the Authority.

Functions of the Authority.

16. —(1) The principal functions of the Authority shall be—

(a) subject to the provisions of subsection (3) and of section 32 , to make adequate arrangements for the enforcement of the relevant statutory provisions;

(b) to promote, encourage and foster the prevention of accidents and injury to health at work in accordance with the provisions of this Act;

(c) to encourage and foster activities and measures which are directed towards the promotion of safety, health and welfare of persons at work;

(d) to make such arrangements as it considers appropriate for providing information and advice on matters related to safety, health and welfare at work; and

(e) to make such arrangements as it considers appropriate to undertake, to promote, to sponsor, to evaluate and to publish the results of research, surveys and studies relating to hazards and risks to the safety and health of persons at work or arising from work activities.

(2) Without prejudice to the generality of subsection (1), the Authority may in its enforcement, advisory, promotional and other functions have regard to—

(a) any matters affecting the safety and health of employees and the self-employed; and

(b) the safety or health of other persons who may be affected by risks arising from work activities in so far as is reasonably practicable including the development of land for, or in the area of, a development which will involve the production, processing, treatment, use or storage of a dangerous substance.

(3) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may—

(a) make agreements with any Minister of the Government, or other person for that Minister or person to perform on behalf of the Authority (with or without payment) any of its functions; or

(b) make agreements with any Minister of the Government for the Authority to perform on behalf of that Minister (with or without payment) such functions as may appropriately be performed by it in connection with its functions under this Act.

(4) The Authority shall—

(a) submit in writing to the Minister, when requested to do so by him, details of how it proposes to discharge its functions under this Act;

(b) carry out its functions in accordance with such proposals as referred to in paragraph (a) as may be approved of by the Minister;

(c) give effect to any directions in writing whether general or particular relating to its functions under this Act, given to it by the Minister; and

(d) supply to the Minister any information relating to its functions as he may from time to time require.

Advisory committees.

17. —(1) The Authority may from time to time appoint such and so many advisory committees as it thinks fit to advise it on matters relating to safety, health and welfare at work, for such period and subject to such terms of reference as the Authority may deem appropriate.

(2) Where the Authority has appointed a committee under subsection (1), the Authority shall appoint a chairman of that committee and a vice-chairman who shall act in the absence of the chairman.

(3) The chairman of a committee appointed under subsection (1) shall be paid out of moneys at the disposal of the Authority such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, may sanction.

(4) Each member of a committee appointed under subsection (1) shall be paid out of moneys at the disposal of the Authority, such allowance for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

Director General.

18. —(1) There shall be a chief executive officer of the Authority (who shall be known, and is referred to in this Act, as the Director General).

(2) The first Director General shall be appointed, and may be removed from office at any time, by the Minister; each subsequent Director General shall be appointed, and may be removed from office at any time, by the Authority with the consent of the Minister.

(3) The Director General shall carry on and manage and control generally the administration and business of the Authority and shall perform such other functions as may be determined by the Authority.

(4) The Director General shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as may be determined by the Minister with the consent of the Minister for Finance.

(5) The Director General shall be paid by the Authority out of moneys at its disposal such remuneration and such allowances for expenses incurred by him as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

Staff of the Authority.

19. —(1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the consent of the Minister and the Minister for Finance.

(2) A member of the staff of the Authority (other than the Director General) shall be paid out of moneys at its disposal such remuneration and allowances for expenses incurred by him as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(3) A member of the staff of the Authority (other than the Director General) shall hold his office or employment on such other terms and conditions, as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(4) The grades of the staff of the Authority, and the numbers of staff in each grade, shall be determined by the Authority with the consent of the Minister and the Minister for Finance.

(5) The Authority may perform any of its functions through or by a member of its staff duly authorised by the Authority in that behalf.

Provisions applicable to officers, etc., transferred to the Authority.

20. —(1) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of the staff of, the Authority.

(2) The Minister shall not make an order under subsection (1) without having notified in writing any recognised trade unions or staff associations concerned and the Authority of his intention to do so and considering any representations made by them or any of them in relation to the matter within such time as may be specified in the notification.

(3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer of the Minister designated by the Minister under subsection (1), who is transferred by that subsection to the staff of the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the day on which he was so transferred.

(4) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Authority or the Director General, as the case may be, while they are in the service of the Authority. No such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to a member of such staff immediately before the day on which he was transferred by subsection (1) to the staff of the Authority save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(5) The terms and conditions relating to tenure of office which are granted by the Authority to a member of the staff of the Authority who was designated by the Minister and under subsection (1) transferred by that subsection to its staff shall not, while he is in the service of the Authority, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be such as to render those conditions less favourable to him than those prevailing in the civil service at the time of such alteration save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Authority and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.

(6) In relation to staff transferred by subsection (1) to the staff of the Authority, previous service in the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977 .

Superannuation of staff of the Authority.

21. —(1) The Authority shall, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons appointed by section 19 or transferred by section 20 , to whole-time positions on the staff of the Authority.

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 20 to a whole-time position on the staff of the Authority, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so transferred in relation to the grant of such benefits.

(5) Where, during the period between the establishment day and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person transferred by section 20 to the staff of the Authority in respect of his employment as an officer of the Minister, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and for that purpose his pensionable service with the Authority shall be aggregated with his previous pensionable service.

(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.

(7) Subject to subsection (5) no superannuation benefit shall be granted by the Authority on the resignation, retirement or death of a member of the staff of the Authority otherwise than in accordance with a scheme or schemes under this section.

(8) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.

(9) In this section and in the First Schedule superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

Grant to the Authority.

22. —(1) In each financial year there may be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the concurrence of the Minister for Finance, may sanction towards the expenses of the Authority in the performance of its functions.

(2) The Authority may with the consent of the Minister and the Minister for Finance invest money in such manner as it thinks fit.

(3) The Authority may, with the prior consent of the Minister, and the concurrence of the Minister for Finance, seek and accept funds from such other sources and subject to such conditions as the Minister may approve of, from time to time.

Power of the Authority to borrow.

23. —The Authority may, for the purpose of providing for current or capital expenditure, from time to time, borrow money (whether on the security of the assets of the Authority or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.

Charges for services.

24. —(1) Subject to the provisions of this section, the Authority may make such charges as it considers appropriate in consideration of the provision by it of services (other than a service consisting of the provision of advice to the Minister) and the carrying on by it of activities and may sell, for such prices as it considers appropriate, anything produced, published or developed by the Authority and may enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to the Authority).

(2) The determination of the amounts of charges by the Authority shall be subject to the approval of the Minister and the Minister for Finance.

(3) Charges, prices and payments under subsection (1) in respect of services provided, activities carried on or things sold outside the State, shall not, save with the approval of the Minister, be less than the cost of the provision of the services or the production and development of the thing, as the case may be.

(4) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1).

Accounts and audits.

25. —(1) The Authority shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the concurrence of the Minister for Finance, directs and those accounts when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Annual report.

26. —(1) As soon as may be after the end of each financial year of the Authority, but not later than six months thereafter, the Authority shall make a report to the Minister of its activities during that year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Each report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.