Safety Statements and Risk Assessments in Ireland: What the 2005 Act Requires

Every employer in Ireland with a place of work under its control has two linked written duties: a risk assessment and a safety statement. Both come from the Safety, Health and Welfare at Work Act 2005. This guide walks through what sections 19 and 20 of the Act say, what the Health and Safety Authority (HSA) adds in its guidance, and where the sources are silent. It complements our overview of HSA mandatory training requirements in Ireland.

A note on sources: we read section 19 as enacted on the Irish Statute Book and section 20 in the revised text published by the Law Reform Commission. The HSA guide we refer to was originally published in January 2006 and updated in December 2016. Check the current revised Act and the HSA website for later changes before you rely on any detail.

Step one: the risk assessment (section 19)

Section 19 requires an employer to identify the hazards in the place of work under its control, assess the risks, and hold a written risk assessment covering the safety, health and welfare of employees, including those exposed to unusual risks. In doing so, the employer must have regard to the duties imposed by the relevant statutory provisions.

The section also sets out a review duty. The employer must review the assessment, and amend it as appropriate, where there has been a significant change in the matters it relates to or there is another reason to believe it is no longer valid. And where the most recent assessment shows that improvements are needed, the employer must take steps to implement them and make sure they apply across all activities and levels of the workplace.

The HSA guide describes three basic steps: identify the hazards, assess the risks they present, and decide on and implement control measures. It says the law does not specify exactly how a risk assessment should be written. It advises employers to consult and involve employees and any safety representatives, and to think about people who are not always on site, such as cleaners, visitors, contractors, maintenance staff and members of the public. It also notes that vulnerable groups, such as young people and pregnant employees, may need extra controls.

Step two: the safety statement (section 20)

Section 20 requires the employer to prepare, or arrange for someone to prepare, a written safety statement. It must be based on the section 19 risk assessment and must set out how employees' safety, health and welfare will be secured and managed.

The statement must specify:

• the hazards identified and the risks assessed;
• the protective and preventive measures taken and the resources provided;
• plans, procedures and measures for emergencies and serious and imminent danger;
• employees' duties, including cooperating with the employer and others with safety responsibilities;
• the names, and where applicable job titles, of people assigned tasks under the statement; and
• arrangements for appointing safety representatives and for consultation, including the names of any appointed safety representative and safety committee members.

Telling people about it

The Act says the statement must be brought to the attention of employees at least annually and again after any amendment, to newly recruited employees when they start, and to other people at the workplace who may be exposed to a specific risk the statement covers. It must be presented in a form, manner and, where appropriate, language reasonably likely to be understood. Where specific tasks pose a serious risk, the employer must bring the relevant extracts to the attention of the people affected. A copy, or the relevant extract, must be kept available for inspection at or near the workplace while work is being carried out there.

One point is easy to mix up. The annual requirement in the Act is about bringing the statement to employees' attention. The duty to review the statement is triggered by a significant change, by a reason to believe it is no longer valid, or by an inspector's direction. The HSA guide, for its part, says the statement should be reviewed at least annually and sooner if new hazards arise. When you write your own procedure, be clear about which of these you are describing.

Reviewing and amending the statement

Under section 20, the employer must review the statement, taking the risk assessment into account, where there has been a significant change, where there is another reason to believe it is no longer valid, or where an inspector directs an amendment. The employer must then amend the statement as appropriate. The HSA guide says it does not pre-approve safety statements, that an inspector may review one during an inspection, and that if it is inadequate the inspector can direct the employer to revise it within 30 days.

Contractors and very small employers

Where an employer carries out prescribed activities and contracts another employer to provide services, the Act requires it to require the contractor to hold an up-to-date safety statement. The sources we read do not say which activities are prescribed.

For an employer with three or fewer employees, the Act says compliance with section 20 can be achieved by following any applicable code of practice for that class of employment and type of work. The HSA guide mentions codes for construction, agriculture and fishing, but does not describe what they contain or what applies where no code exists.

What the sources do not say

The texts we read do not state penalties for non-compliance, do not define what counts as a significant change, and do not set a format for the written assessment. If any of those matter to your situation, take advice or check the HSA directly.

Our suggestions for employers

These are our own practical suggestions, not part of the Act or the HSA guide:

• Keep the risk assessment and safety statement together in one controlled document set, with a version date, so anyone can see which version staff were last told about.
• Record when the statement was brought to employees' attention, and how, including for new starters.
• Add a short checklist of change triggers, such as new equipment, new premises or new processes, so a significant change prompts a review. Our guide to fire safety training in the workplace may help when you cover emergency arrangements.

For construction site training, see our guide to Safe Pass in Ireland.

Frequently asked questions

Must a safety statement be in writing?

Yes. Section 20 requires a written safety statement, based on the written risk assessment required by section 19.

How often must employees be told about the safety statement?

The Act says at least annually, after any amendment, and when a new employee starts.

Does the HSA approve my safety statement?

No. The HSA guide says it does not pre-approve safety statements, although an inspector may review one and can direct revision within 30 days.

Is there a different rule for very small employers?

Yes. An employer with three or fewer employees can comply by following an applicable code of practice for its class of employment and type of work.

Is there a free tool to help?

The HSA guide describes BeSMART.ie as a free online tool that guides you through the risk assessment process and produces a workplace-specific safety statement, provided your business sector is covered. It says you must still walk the workplace and consult staff.

Next steps

Start by checking that your risk assessment is written, dated and current, then confirm your safety statement reflects it. You can also explore our CPD training options as part of planning wider team development.