Machine Safety raised in Dáil
On Tuesday, 25th October 2011, the Minister for Jobs, Enterprise and Innovation, Richard Bruton was asked by Sinn Féin T.D. Caoimhghín Ó Caoláin as to whether he believed current regulations surrounding machine safety, and in particular regarding local exhaust ventilation were sufficient to protect employees from the harmful effects of exposure to substances that cause asthma and other health problems. Mr. Ó Caoláin asked whether the Minister would consider introducing mandatory testing of local exhaust ventilation as was the case in other European countries.
In answering, the Minister replied that current legislation, including the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 provided adequate protection to workers.
Mr. Bruton started by referring to the duties of employers under the 2005 Act which make it a requirement for every employer to ensure, in so far as is reasonably practicable, the safety health and welfare at work of his or her employees. Expanding on this, he went on to explain some of the particulars of the 2007 General Application Regulations (GAR) and the 2001 Chemical Agents Regulations (CAR).
The Minister made reference to how, under regulation 30 of the 2007 GAR, “equipment should not go into use until it has been inspected by a competent person to ensure that it has been properly installed and is safe for operation” and that Regulation 30(b)(i) of the same regulations “provides for periodic testing where appropriate”.
Referring to Regulation 6(1)(b) of the CAR, Mr. Bruton stated that employers are required to “ensure that any engineering control measure, which can include local exhaust ventilation (LEV) systems, is properly maintained and used“. He added to this by explaining that employers were also required to ensure adequate inspection, testing and maintenance of plant and equipment occurs, and that the frequency of maintenance and testing specified by the manufacturer, supplier or European Standard should be observed as a minimum.
Finally, by referring to the general duties of employers under the 2005 Act, Minister Bruton said the Act “provides that it is the duty of employers in all workplaces to identify hazards and to put in place measures to control exposure to such hazards. Compliance with this general duty, in addition to the specific duties set out above, should provide adequate protection for workers“.
Source: Kildarestreet.com
The above exchange raises important questions regarding machine safety and particularly for employers who rely on local exhaust ventilation as a means of protecting workers from the effects of various substances which can negatively affect the safety, health and welfare of their employees. Employers can and do spend substantial sums of money on installing the right equipment only to forget or neglect to maintain it. As with any machine or piece of work equipment, when left unused for long periods or if serviced outside of the recommended timeframes, problems can arise with regards to the reliability of such equipment and in some cases may invalidate any warranty offered with the equipment. Such issues also have implications for the employer’s insurance.
Employers need to ensure at a minimum that they maintain the equipment as per the manufacturer’s recommendation, taking account of any legislative requirements (whichever is the more frequent) and that they keep records of such maintenance. There is a requirement under Regulation 31 of the 2007 GAR to ensure:
- equipment is kept, by means of adequate maintenance, at a level such that it complies with (relevant legislation)
- where possible, maintenance operations are carried out when work equipment is shut down
- work equipment is maintained in such a way as to reduce the risks to users of the work equipment and to other persons at work, and
- a maintenance log for any machine is kept up to date
For further information on how Business Safety can help you to manage your machine safety hazards, call our Cork office on 021 235 5800, email: cork@BusinessSafety.ie or use the Quick Enquiry form above.
