The Legislation states:
PART 2; General Duties;
8.2 …the employer’s duty extends, in particular to the following:….(d) ensuring , so far as is reasonably practicable, the safety and the prevention of risk to health at work of his or her employees relating to the use of any article…(h) determining and implementing the safety, health and welfare measures necessary for the protection of his or her employees when identifying hazards and carrying out risk assessment…or when preparing a safety statement.. (l) obtaining, where necessary, the services of a competent person (whether under contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.
12.0 Every employer shall manage and conduct his or her undertakings in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work ( not being his or her employees ) are not exposed to risks to their safety, health or welfare.
18.1 …an employer shall, for the purposes of complying with the relevant statutory provisions, appoint one or more competent persons to perform such functions as are specified by the employer, relating to the protection from and the prevention of risks to safety, health and welfare at work.
PART 3; Protective and Preventive Measures;
19.1 Every employer shall identify the hazards in the place of work under his or her control, assess the risks presented by those hazards, and be in possession of a written assessment (to be known and referred to in this Act as the ”risk assessment”…
PART 6: Obtaining and Disclosure of Information
72.1 The Authority…..may....require the person to give to the Authority within such period and in such form as may be specified…any information….that the Authority…may reasonably require
PART 7: Offences and Penalties
78.2 A person guilty of an offence…is liable…(i) on summary conviction to a fine not exceeding €3000 or imprisonment not exceeding 6 months or both…(ii) on conviction on indictment to a fine not exceeding €3,000,000 or imprisonment for a term not exceeding 2 years or both.
80.1 Where an offence under any of the relevant statutory provisions has been committed by…a person, being a director, manager or similar officer of the undertaking…that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the …offence.
SCHEDULE 3: General Principles of Prevention
1. The avoidance of risks
2. The evaluation of unavoidable risks
6. The replacement of dangerous articles…
Note: Risk Assessment Responsibility
Your Safety Statement will be informed by Risk Assessment and will be based on the identification and assessment of all hazards in the workplace. PAT testing is the only practicable way to identify potential hazards from faulty in-service electrical appliances. It should be good working practice when conducting risk assessment in relation to in-service electrical appliances, to include PAT testing so as to ensure that you are fully compliant and that your workplace is safe for employees, customers and the public.
If you would like PATCert to provide a copy of Safety Health and Welfare at Work Act (2005) please contact us for the full document.
For more Information see