Safety statements
Every company is legally required to have a ‘Safety Statement’ under the Safety Health and Welfare at work act 2005(section 20). This is a detailed document laying out how the company intends to manage health and safety for their business. FWS can develop and produce a Safety Statement for your company at an economic cost.
Prosecutions for non compliance
Apart from a civil case taken against a company by an injured party the HAS can also take a company to court even if an accident has not occurred. They can bring companies to court for not having a safety statement, or having an unsafe place of work etc. In this case it is a criminal action taken against the company, but in some cases a Director or Senior manager can be held liable, the punishment can be:
- District court 3k euro and up to 6 months imprisonment.
- Circuit Criminal Court 3 Million Euro and up to 2 years imprisonment.
Also please note your company cannot insure against a criminal action so it is a direct cost to the business apart from the risk of imprisonment.
Facilities Management Legal Facts
Safe place of work
Under common law a safe place of work is a basic requirement before we even look at legislation.
There are some basic areas to keep your business safe :
- Regular Fire Drills
- Ensure statutory safety equipment are serviced to requirements eg. Fire Alarm.
- Regular checking and hazard audio performed
- Regulated services contractors.
- Ensuring all contractors have appropriate insurance for their work.
- Ensuring appropriate H&S procedures are followed eg. Permit system etc hazardous work.
This is only a small snapshot of some legal requirements, if you have any specific questions please give us a call we are happy to advise.
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