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Health and Safety at Work (Northern Ireland) Order 1978

1978/1039 · Made 25 July 1978 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 21 October 2024.

[25th July 1978] C4C5C6C7

Annotations to the whole text

Modifications

C1

Order modified (1.6.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), reg. 5(2)

C2

Order applied (6.2.2018) by The Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2018 (S.R. 2018/17), reg. 18

C3

Order modified (18.5.2015) by The Ship Recycling Facilities Regulations (Northern Ireland) 2015 (S.R. 2015/229), regs. 1, 5 (as amended (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 4(4); 2020 c. 1, Sch. 5 para. 1(1))

C4

Order: functions modified (1.10.2008) by Cross-border Railway Services (Working Time) Regulations (Northern Ireland) 2008 (S.R. 2008/315); reg. 10(3)

C5

Order modified (27.7.2009) by Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), reg. 14(2)

C6

Order modified (24.8.2009) by Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/273), reg. 14(2)

C7

Order modified (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 10, Sch. 12 para. 4(12) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL OF DANGEROUS SUBSTANCES
  5. Preliminary
  6. 3Preliminary
  7. General duties
  8. 4General duties of employers to their employees
  9. 5General duties of employers and self-employed to persons other than their employees
  10. 6General duties of persons concerned with premises to persons other than their employees
  11. 7General duties of manufacturers etc. as regards articles and substances for use at work
  12. 8General duties of employees at work
  13. 9Duty not to interfere with or misuse things provided pursuant to certain provisions
  14. 10Duty not to charge employees for things done or provided pursuant to certain specific requirements
  15. 11General duty of the Department concerned
  16. The Health and Safety Executive for Northern Ireland
  17. 12Establishment of the Executive
  18. 13Functions of the Executive
  19. 14Control of the Executive by the Department
  20. 15Additional functions of the Executive
  21. Investigations and inquiries
  22. 16Investigations and inquiries
  23. Health and safety regulations and approved codes of practice
  24. 17Health and safety regulations
  25. 18Approval of codes of practice by the Executive
  26. 19Use of approved codes of practice in criminal proceedings
  27. Enforcement
  28. 20Authorities responsible for enforcement of the relevant statutory provisions
  29. 21Appointment of inspectors
  30. 22Powers of inspectors
  31. 23Improvement notices
  32. 24Prohibition notices
  33. 25Provisions supplementary to Articles 23 and 24
  34. 26Appeal against improvement or prohibition notice
  35. 27Power to deal with cause of imminent danger
  36. 27APower of customs officer to detain articles and substances
  37. 28Power of enforcing authorities to indemnify their inspectors
  38. Obtaining and disclosure of information
  39. 29Obtaining of information
  40. 29AInformation communicated by Commissioners for Revenue and Customs
  41. 30Restrictions on disclosure of information
  42. Provisions as to offences
  43. 31Offences
  44. 32Extension of time for bringing summary proceedings
  45. 33Venue
  46. 34Offences due to fault of other person
  47. 34AOffences by bodies corporate
  48. 35Restriction on institution of proceedings
  49. 36Prosecutions by inspectors
  50. 37Onus of proving limits of what is practicable etc.
  51. 38Evidence
  52. 39Power of court to order cause of offence to be remedied and, in certain cases, forfeiture
  53. Financial provisions
  54. 40Financial provisions
  55. Miscellaneous and supplementary
  56. 41Representations in connection with licensing provisions in the relevant statutory provisions
  57. 42Default powers
  58. 43Civil liability
  59. 44Application to Crown
  60. 45Adaptation of enactments to metric units or appropriate metric units
  61. 46Regulations under the relevant statutory provisions
  62. 47Exclusion of application to domestic employment
  63. 47AApplication of Part to police
  64. Part III: THE EMPLOYMENT MEDICAL ADVISORY SERVICE
  65. 48The employment medical advisory service
  66. 49Fees
  67. 50Supplementary
  68. 51Amendment of the Factories Act (Northern Ireland) 1965
  69. IVMISCELLANEOUS AND GENERAL
  70. 53Application to explosives Repealed
  71. 54General power to repeal or modify statutory provisions
  72. 55Regulations
  73. Schedule 1: EXISTING STATUTORY PROVISIONS
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. Schedule 2: THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND
  78. Part: Status
  79. 1Paragraph 1
  80. Paragraph
  81. Part: Members
  82. 3Paragraph 3
  83. 4Paragraph 4
  84. 5Paragraph 5
  85. 6Paragraph 6
  86. 7Paragraph 7
  87. Part: Remuneration of members
  88. 8Paragraph 8
  89. Part: Proceedings
  90. 9Paragraph 9
  91. 10Paragraph 10
  92. 11Paragraph 11
  93. Part: The Seal
  94. 12Paragraph 12
  95. Part: Instruments
  96. 13Paragraph 13
  97. 14Paragraph 14
  98. Part: Staff
  99. 15Paragraph 15
  100. Part: Performance of functions
  101. 16Paragraph 16
  102. 17Paragraph 17
  103. 17AParagraph 17A
  104. Part: Accounts and reports
  105. 18Paragraph 18
  106. Schedule 3: SUBJECT-MATTER OF HEALTH AND SAFETY REGULATIONS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. 8Paragraph 8
  115. 9Paragraph 9
  116. 10Paragraph 10
  117. 11Paragraph 11
  118. 12Paragraph 12
  119. 13Paragraph 13
  120. 14Paragraph 14
  121. 15Paragraph 15
  122. 16Paragraph 16
  123. 17Paragraph 17
  124. 18Paragraph 18
  125. 19Paragraph 19
  126. 20Paragraph 20
  127. 21Paragraph 21
  128. 22Interpretation
  129. Schedule 3A: OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
  130. Paragraph
  131. Schedule Schedule
  132. Schedule 5: THE FACTORIES ACT (NORTHERN IRELAND) 1965 (c.20)
  133. Part
  134. Part III: TRANSITIONAL PROVISION
  135. 12Paragraph 12
  136. Schedule Schedule
  137. Schedule Schedule