The Gazette 1990

GAZETTE

A PRIL 1990

self-employed, sets out general "duties of care" for each of these parties. Employers are required to identify the hazards and assess the risks in the place of work, and to draw up a written Safety State- ment setting out the arrangements in place to safeguard safety and health, along with the co-operation required from employees to achieve this. The 1989 Act came into force on November 1, 1989. Consultation on safety and health matters at the workplace is a key factor of the Safety, Health and Welfare at Work Act, 1989. The Guidelines on Safety Consulta- tion and Safety Representatives are intended to assist employers and employees in utilising the con- sultation provisions in section 13 of the 1989 Act as fully as possible. There is a twofold approach in- volved in the consultation process. Firstly, employers are required to consult their employees in est- ablishing arrangements for secur- ing co-operation in the workplace on safety, health and welfare. Employees have a corresponding right to consult their employers and to make representations to them on issues of workplace safety and health. Secondly, employees may also appoint a Safety Repre- sentative at their workplace who may make representations on their behalf and carry out other functions. The Guidelines provide advice on how general consultations on Safety and health in the workplace might be conducted. The 1989 Act sets out no specific consultation mechanism but allows for flexibility so that the particular character- istics of the employment or workplace can be taken into account. The Guidelines outline the overall function of Safety Representatives, their role in relation to investigating accidents and dangerous occur- rences, carrying out inspections and consulting with Health and Safety Inspectors. Key issues such as information for and training of Safety Representatives are also covered. Copies of the Guidelines on (a) Safety Statements and (b) Safety Consultation and Safety Rep- resentatives are available free of charge from the Health and Safety Authority, Davitt House, Mespil Road, Dublin 4. (Telephone

law the provisions of the EC Directive on defective goods and a Directive currently being devised by the EC to give a better deal to consumers in the area of loans and credit will be ready, shortly, to be introduced in Ireland. LAUNCH OF GU I DEL I NES ON SA F E TY S T A T EME N TS A ND G U I D E L I N ES ON S A F E T Y CONSULTAT ION AND SAFE TY REPRESENTAT IVES Guidelines on the safety state- ments and on the safety consulta- tion and representation system required under the Safety Health and Welfare at Work Act, 1989 were published on May 23, 1990 by the Health and Safety Authority ("H.S.A."). The Guidelines were drawn up by the first Advisory Committee set up by the H.S.A. and drawn from trade unions, industry, construction, safety managers, insurance interests and the H.S.A. staff. "They are based on the experience of those directly involved in the workplace" said H.S.A. Chairman, Mr. Paddy Donnelly, at the launch. "They have been drafted in simple layperson's terms and provide relatively easy access to the answers to some of the common queries or concerns which may arise". The fundamental aim of the Safety, Health and Welfare at Work Act, 1989 is the prevention of accidents and ill health at the place of work. The Act, which applies to all employers, employees and the

SMA LL C LA I MS COURTS The Minister for Industry and Commerce, Desmond O'Malley disclosed in an unscripted session at the launching of the book Consumer Power by Colin Bird of the Office of Consumer Affairs and Fair Trade and Joe Hogarty of the Curriculum Development Unit of Trinity College on May 24, 1990 that a Small Claims Courts system would be established in Ireland within two years. The Minister stated that the new courts would not be chaired by District Justices but by lay persons and would deal with disputes involving relatively small amounts of money. The emphasis would be on a speedy decision involving the minimum expense for the parties in the dispute. Mr. O'Malley stated that he would work with the Minister for Justice, Ray Burke, to establish the system and would be contacting the Finance Minister, Albert Reynolds, to seek the necessary funding. Although legislation concerning changes in the courts systems was notoriously slow, Mr. O'Malley said he intended to bring about the setting up of the small claims courts "within one or two years". The Minister conceded that the new court system would "cost money" but this would be recouped by more efficient functioning of the existing courts system. Mr. O'Malley said two other measures were planned to help consumers. He intends to bring into

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