As Minister for Jobs, Enterprise and Innovation I have responsibility for workplace health and safety legislation.
The implementation and enforcement of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), has been delegated to the Health and Safety Authority, an agency under the aegis of my Department. Under this legislation the definition of a place of work includes any, or part of any, place (whether or not forming part of a building or structure), land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise.
I can confirm, accordingly, that the Safety, Health and Welfare at Work Act, 2005 applies to Irish Water and all other employers / contractors engaged in activities relating to the installation of water meters and that the Health and Safety Authority retains all powers conferred on it by the Act.
Under the Safety, Health and Welfare at Work Act, 2005, duties are placed on employers in regard to the retention and preservation of the health and safety of their employees, and similarly to others including non-employees either present at a place of work under the control of the employer or employees not in the direct employment of the employer responsible for the place of work. As with all workplaces any works carried out by Irish Water in respect of the installation of water meters may be the subject of a workplace health and safety inspection. Similarly, as with all employers, the company will be required to prepare and maintain a written risk assessment relating to all work practices and the outcome of this risk assessment must be taken into account in the preparation, by the company, of its safety statement.
Additionally, as the work of Irish Water in relation to the installation of water meters will involve construction work as defined by the Safety, Health and Welfare at Work (Construction) Regulations, 2013 (S.I. No. 291 of 2013), this legislation will also apply to the construction work being undertaken. This legislation also falls within the remit of the Health and Safety Authority and in particular, the duties of the client will apply to Irish Water.
