Health and Safety at Work (Northern Ireland) Order 1978

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL OF DANGEROUS SUBSTANCES

   1. Preliminary

      1. 3. Preliminary

   2. General duties

      1. 4. General duties of employers to their employees

      2. 5. General duties of employers and self-employed to persons other than their employees

      3. 6. General duties of persons concerned with premises to persons other than their employees

      4. 7. General duties of manufacturers etc. as regards articles and substances for use at work

      5. 8. General duties of employees at work

      6. 9. Duty not to interfere with or misuse things provided pursuant to certain provisions

      7. 10. Duty not to charge employees for things done or provided pursuant to certain specific requirements

      8. 11. General duty of the Department concerned

   3. The Health and Safety Executive for Northern Ireland

      1. 12. Establishment of the Executive

      2. 13. Functions of the Executive

      3. 14. Control of the Executive by the Department

      4. 15. Additional functions of the Executive

   4. Investigations and inquiries

      1. 16. Investigations and inquiries

   5. Health and safety regulations and approved codes of practice

      1. 17. Health and safety regulations

      2. 18. Approval of codes of practice by the Executive

      3. 19. Use of approved codes of practice in criminal proceedings

   6. Enforcement

      1. 20. Authorities responsible for enforcement of the relevant statutory provisions

      2. 21. Appointment of inspectors

      3. 22. Powers of inspectors

      4. 23. Improvement notices

      5. 24. Prohibition notices

      6. 25. Provisions supplementary to Articles 23 and 24

      7. 26. Appeal against improvement or prohibition notice

      8. 27. Power to deal with cause of imminent danger

      9. 27A. Power of customs officer to detain articles and substances

      10. 28. Power of enforcing authorities to indemnify their inspectors

   7. Obtaining and disclosure of information

      1. 29. Obtaining of information

      2. 29A. Information communicated by Commissioners for Revenue and Customs

      3. 30. Restrictions on disclosure of information

   8. Provisions as to offences

      1. 31. Offences

      2. 32. Extension of time for bringing summary proceedings

      3. 33. Venue

      4. 34. Offences due to fault of other person

      5. 34A. Offences by bodies corporate

      6. 35. Restriction on institution of proceedings

      7. 36. Prosecutions by inspectors

      8. 37. Onus of proving limits of what is practicable etc.

      9. 38. Evidence

      10. 39. Power of court to order cause of offence to be remedied and, in certain cases, forfeiture

   9. Financial provisions

      1. 40. Financial provisions

   10. Miscellaneous and supplementary

       1. 41. Representations in connection with licensing provisions in the relevant statutory provisions

       2. 42. Default powers

       3. 43. Civil liability

       4. 44. Application to Crown

       5. 45. Adaptation of enactments to metric units or appropriate metric units

       6. 46. Regulations under the relevant statutory provisions

       7. 47. Exclusion of application to domestic employment

       8. 47A. Application of Part to police

4. PART III THE EMPLOYMENT MEDICAL ADVISORY SERVICE

   1. 48. The employment medical advisory service

   2. 49. Fees

   3. 50. Supplementary

   4. 51. Amendment of the Factories Act (Northern Ireland) 1965

5. PART IV MISCELLANEOUS AND GENERAL

   1. Art. 52 rep. by 2004 c. 17

   2. 53. Application to explosives

   3. 54. General power to repeal or modify statutory provisions

   4. 55. Regulations

   5. Art.56(1), with Schedule 6, effects amendments; para.(2), with Schedule 7,...

6. SCHEDULES

   1. SCHEDULE 1

      EXISTING STATUTORY PROVISIONS

      1. 1. The provisions of the Acts mentioned in the following table which are specified in the...

      2. 2. The provisions of any regulations, orders or other instruments of a legislative character made or...

      3. 3. The provisions of— (a) the Explosives Act 1875, and (b) the Explosives Act (Northern Ireland)...

   2. SCHEDULE 2

      THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND

      1. Status

         1. 1. The Executive shall be a body corporate to which, subject to paragraph 15, section 19...

         2. Para.2 rep by 1998 NI 18

         3. Para.2 rep by 1998 NI 18

      2. Members

         1. 3. Persons may be appointed as whole-time or part-time members of the Executive .

         2. 4. Subject to paragraphs 5 and 6 a person shall hold and vacate office as chairman...

         3. 5. A person may at any time resign office as chairman , deputy chairman or member...

         4. 6. (1) The Head of the Department may at any time remove a person from office...

         5. 7. Past service as chairman , deputy chairman or member of the Executive is no bar...

      3. Remuneration of members

         1. 8. The Department may pay or make such payments towards the provision of such remuneration, allowances...

      4. Proceedings

         1. 9. The Executive may regulate its own procedure and business including its quorum.

         2. 10. A person authorised in writing in that behalf by the Department shall be entitled to...

         3. 11. The validity of any proceedings of the Executive shall not be affected by any vacancy...

      5. The Seal

         1. 12. The fixing of the common seal of the Executive shall be authenticated by the signature...

      6. Instruments

         1. 13. A document purporting to be duly executed under the common seal of the Executive shall...

         2. 14. Any contract or instrument which, if entered into or executed by an individual, would not...

      7. Staff

         1. 15. (1) Subject to sub-paragraph (2), the Executive with the approval of the Department and the...

      8. Performance of functions

         1. 16. The Executive may authorise any member of the Executive or any officer or servant of...

         2. 17. The Executive with the consent of the Department concerned may appoint officers from that Department...

         3. 17A. (1) The Executive shall prepare in respect of the period ending on 31st March 2000...

      9. Accounts and reports

         1. 18. (1) The Executive shall— (a) keep proper accounts and proper records in relation to the...

   3. SCHEDULE 3

      SUBJECT-MATTER OF HEALTH AND SAFETY REGULATIONS

      1. 1. (1) Regulating or prohibiting— (a) the manufacture, supply or use of any plant; (b) the...

      2. 2. (1) Prohibiting or regulating the transport of articles or substances of any specified description. (2)...

      3. 3. (1) Prohibiting the carrying on of any specified activity or the doing of any specified...

      4. 4. Requiring any person, premises or thing to be registered in any specified circumstances or as...

      5. 5. (1) Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of...

      6. 6. Regulating or prohibiting in specified circumstances the employment of persons.

      7. 7. (1) Requiring the making of arrangements for securing the health of persons at work or...

      8. 8. Imposing requirements with respect to any matter affecting the conditions in which persons work, including...

      9. 9. Securing the provision of specified welfare facilities for persons at work, including in particular such...

      10. 10. Imposing requirements with respect to the provision and use in specified circumstances of protective clothing...

      11. 11. Requiring in specified circumstances the taking of specified precautions in connection with the risk of...

      12. 12. (1) Prohibiting or imposing requirements in connection with the emission within any premises of any...

      13. 13. Imposing requirements with respect to the instruction, training and supervision of persons at work.

      14. 14. (1) Requiring, in specified circumstances, specified matters to be notified in a specified manner to...

      15. 15. Imposing requirements with respect to the keeping and preservation of records and other documents, including...

      16. 16. Imposing requirements with respect to the management of animals.

      17. 17. The following purposes as regards premises of any specified description where persons work, namely— (a)...

      18. 18. Conferring, in specified circumstances involving a risk of fire or explosion, power to search a...

      19. 19. Restricting, prohibiting or requiring the doing of any specified thing where any accident or other...

      20. 20. As regards cases of any specified class, being a class such that the variety in...

      21. 21. Conferring on any district council power to make byelaws with respect to any specified matter,...

      22. 22. (1) In this Schedule “specified” means specified in health and safety regulations. (2) Any mention...

   4. SCHEDULE 3A

      OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

      1. The mode of trial and maximum penalty applicable to each offence listed in the first...

      2. The mode of trial and maximum penalty applicable to each offence listed in the first...

   5. Schedule 4 rep. by 1998 NI 18

   6. SCHEDULE 5

      THE FACTORIES ACT (NORTHERN IRELAND) 1965 (c.20)

      1. Parts I (paras.1‐4), II (paras.5‐11)—Amendments

      2. PART III TRANSITIONAL PROVISION

         1. 12. Where, at the commencement of this Schedule, a person's employment is unlawful under section 74(2)...

   7. Schedule 6—Amendments

   8. Schedule 7—Repeals