The Gazette 1993

GAZETTE

MWH DECEMBER 1993

; The general obligations on employers ! are elaborated in Article 6 of the ! Framework Directive (also to be ; found in Article 5 and the First j Schedule of the Irish Regulations). ! Certain general principles of ; prevention are listed in a systematic manner for employers to implement: (a) avoiding risks; (b) evaluating the risks which cannot be avoided; (c) combating the risks at source; i (d) adapting the work to the 1 individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production (e) adapting to technical progress; (f) replacing the dangerous by the non-dangerous or the less I dangerous; j (g) developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors related to the working environment; measures priority over individual protective measures; i (i) giving appropriate instructions to the workers. I The employer is required to take the ! necessary measures to ensure the safety and health protection of i workers on the basis of these I principles. These are onerous | responsibilities on all employers, large and small and require careful | consideration. Paragraph (d) is quite ; innovative and it will be interesting to see how employers adjust to alleviating "monotonous work" and "repetitive work". i i ; (h) giving collective protective i i j methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health;

j the solicitor engaged in accident litigation, much useful information : can now be obtained to assist in proceedings. Has the plaintiff got a saféty statement giving him an assessment of the risks to safety and health at the workplace? (Article 10 of the Regulations). Did the employer provide the appropriate training of workers? (Article 12). In particular, all employees must receive the appropriate safety and health information when they are taken on, or when they are assigned to another post or function, or when a new item of equipment is introduced. The Framework Directive is only the base for a much more detailed and extensive set of individual directives dealing with health and safety in the workplace which have gradually been adopted in Brussels. The Irish Regulations of February 1993 implemented the following in addition to the Framework Directive: • Council Directive 89/654/EEC of 30 November, 1989 on minimum standards for workplaces. • Council Directive 89/655/EEC of 30 November, 1989 on minimum standards for the use of work equipment by workers at work. • Council Directive 89/656/EEC of 30 November, 1989 on minimum standards for the use by workers of personal protective equipment at the workplace. • Council Directive 90/269/EEC of 29 May, 1990 on minimum health and safety requirements for the manual handling of loads where there is a | risk, particularly of back injury, to workers. • Council Directive 90/270/EEC of 29 May, 1990 on work with display screen equipment. • Council Directive 91/383/EEC of 25 June, 1991 on measures to improve the safety and health at work of workers with a fixed term or temporary contract.

"Employer solicitors now have to analyse their VDU workstations to evaluate their conditions as regards possible eyesight and physical problems and problems of mental stress; and then must remedy the risk found." Space does not allow for examination of these Directives in detail. However, the Display Screen Equipment Directive is worthy of attention as it affects practically every solicitor's office in Ireland. Employer solicitors eyesight and physical problems and problems of mental stress; and then must remedy the risk found. The employer must plan the workers' activities in such a way that daily work on a display screen is periodically interrupted by breaks or changes of activity reducing the workload at the display screen. There now have to analyse their VDU workstations to evaluate their conditions as regards possible are detailed rules regarding the flexibility of the work chair, the suitability of the work desk, etc. Importantly, staff are now entitled to eye tests before starting on a VDU and at regular intervals thereafter or if they encounter difficulties. Further referral to ophthalmological examination is required, if necessary. All these tests cannot be charged financially to the worker. Many more individual directives are due to be implemented by Ireland in the near future in this area. Perhaps the most interesting one is the eighth individual directive - Council Directive 92/57/EEC of 24 June, 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites. This should come into force in Ireland no later than 31 December, 1993 and it has major implications for professionals working in the construction industry, such as architects or engineers, as well as clients in construction contracts. The preamble to the Directive states: The future

I Information and Consultation

While the extensive development of the information and consultation rights given to employees in the new legislation is not directly of interest to

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