Health and Safety at Work

Source: Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005); Safety, Health and Welfare at Work (General Application) Regulations 2007

Written in plain language for general understanding. This is educational content, not legal advice. Based on Irish Acts of the Oireachtas, statutory instruments, and official guidance.

Irish National Law

What is this right?

Your employer has a legal duty to ensure your safety, health, and welfare at work, so far as is reasonably practicable. This means they must:

  • Prepare a written Safety Statement identifying hazards and risks in your workplace
  • Carry out risk assessments and act on the findings
  • Provide a safe place of work, safe equipment, and safe systems of work
  • Provide information, instruction, training, and supervision
  • Appoint a competent person for health and safety (or engage an external advisor)
  • Report certain accidents and dangerous occurrences to the Health and Safety Authority (HSA)

Employees also have duties — you must take reasonable care of your own safety, cooperate with your employer, and report hazards.

When does it apply?

  • This applies to all employers and all employees — regardless of sector, size of business, or type of work.
  • There is no minimum service period — you are protected from your first day.
  • The HSA is the enforcement body — its inspectors can enter workplaces, issue improvement and prohibition notices, and prosecute.
  • Self-employed persons and contractors also have duties under the Act.

What should you do?

  • Report hazards to your employer or safety representative in writing.
  • You can appoint a Safety Representative under the Act — they have the right to investigate accidents, inspect the workplace, and consult with the HSA.
  • If there is a serious and imminent danger, you have the right to leave the workplace without being penalised.
  • Contact the HSA to report dangerous conditions: call 0818 289 389 or use the online complaint form at hsa.ie.
  • If you are penalised for raising health and safety concerns, you can bring a claim to the WRC — this is an automatically unfair dismissal with no qualifying period.

What should you NOT do?

  • Don't ignore safety hazards — you have a legal duty to report anything that could endanger people.
  • Don't misuse or interfere with safety equipment — this is a criminal offence under the Act and can lead to fines of up to €3,000 or imprisonment.
  • Don't attend work under the influence of alcohol or drugs to the extent that you could endanger yourself or others — this is also a specific offence under section 13.

You came here to know your rights — help someone else know theirs.

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