Health and Safety Training. Overview of Statutory Provisions

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1 Health and Safety Training Overview of Statutory Provisions Ibec Occupational Health and Safety Service Confederation House 84/86 Lower Baggot Street Dublin 2 Tel: Web: Disclaimer: This document is provided for informational purposes only for Ibec members. It provides the holder with an overview of the training that may be necessary to work towards compliance with the Safety, Health and Welfare legislation. It does not purport to provide a comprehensive system to ensure compliance, but general principles of the type and extent of training that an employer must consider in evaluating their organisational needs and is no substitution for specialist advice where appropriate. Ibec assume no responsibility for any use to which the information may be put, or for any errors. Ibec

2 Ibec No part of this summary may be reproduced in any form without the permission of the author. 2

3 Explanation of Health and Safety Training Requirements Introduction When employers are reviewing their expenditure on various aspects of business costs, this is likely to include all formats of training as well as health and safety training. When making these decisions it is important to be aware that in many cases, there are statutory requirements for providing health and safety training. The following spreadsheet looks at the key training requirements of current health and safety legislation. It distinguishes between training that is dictated by risk and business needs and those training provisions and syllabuses that are prescribed by legislation. All the training types listed carry a legislative requirement and are either specifically stated within legislation or implied. This document differentiates between the training that is legally required, but where the employer, through its risk assessment process, establishes the nature and extent of the training and the training where legislation establishes the syllabus. While all the training in this document are legal requirements, in many cases they are either hazard specific (so if the hazard doesn t exist in the workplace, there is no requirement for training) or the employer sets the programme and content. This is not an exhaustive list and only focuses on the main and more common legislative requirements. There may be others that are specific to certain operations and business not covered by this document and employers should review their operations and safety statement in line with a list of current active health and safety legislation, guidance and codes of practice. In addition, this document does not include construction activities and subsequent training requirements under the Safety, Health and Welfare at Work (Construction) Regulations Headings Training type 1. General OHS training This is predominantly the training referred to in the Safety Health and Welfare at Work Act, It covers training and information provided to all levels within the organisation. All employees must receive adequate information, instruction, training and supervision in order that they can work in a safe and healthy manner. This includes all levels and functions within the organisation and covers hazards and risks not specified within legislation. An example would be Lone Working. There are no specific 3

4 regulations relating to Lone Working. However, it would be recognised as a risk and where it exists it should form part of a risk assessment, policy, system of control and information and training programme. 2. Hazard specific training This applies to both hazards existing in the workplace and those hazards/topics being subjected to separate and specific regulation. Therefore, these are only a requirement where the hazard is know to exist or could potentially exist in operations. In addition, while the regulations state training is to be provided, as the table shows, in many cases the employer establishes the extent and nature of the training through their risk assessments. 3. Policy specific training This is a lower level of training and is separated from the general and hazard specific training because while there is no statutory provision relating to these issues, in some cases an employer is required to have a policy (where a risk assessment shows a requirement for one) and managers and supervisors will need briefing on the nature and requirements of the policy. In addition, employees will need to be consulted on and informed of how the policy affects them, in particular where there are issues of disciplinary measures that may result of being in breach of the policy. Syllabus type 1. Employer This indicates where the employer controls the nature and extent of the training. This must be based on the findings of the risk assessment and the duties that the company s safety statement prescribes. For example, if a safety statement asks line managers to have an active day-to-day role in managing health and safety, say conducting risk assessments, inspections, involvement in accident investigation, etc, then the training must be tailored and run at a level that will enable them to satisfy this duty. However, if the safety statement prescribes a lower level of direct involvement (for example the competent person for health and safety completes these tasks), then the training will be at a lower level. While there is flexibility and no statutory syllabus, the training must be adequate to both health and safety and business needs. In addition, while the regulations may not set a specific syllabus, in some cases the supporting guidance will set certain topics or provisions that must be included in any training. For example, when training employees on VDU use, they must also be informed of their entitlements under the regulations as well as the safe use and set up of a workstation. However, the employer s risk assessments would still form the focus of the level of training required and detail depending on risk levels and operations. 4

5 Also indicated in this table is instructor training. These are entirely optional and based upon a business need. For example, if an employer has a large volume of employees requiring manual handling training, then it will be more economic to train a suitable person from internal resources to complete the training rather than using an external trainer. There are many other additional benefits to having employees trained as instructors in terms of control of the training content, organising the training, etc. However, while the decision to have a specific instructor is at the discretion of the employer, where an instructor is to be trained, there are statutory provisions for competency, syllabus and refresher training in some cases. 2. Statutory In some instances, the relevant statutory provisions, guidance or Code of Practice, indicate an specific syllabus and level of training required for that operation or hazard. This is usually supported by additional requirements for refresher training, though not always. 3. Competency The current legislation may refer to specific roles within an organisation requiring certain levels of competency. While in some cases the legislation may establish the level of competency required, in most it will be based on the exact nature of operations as to what level of competency the employer requires. In addition, many of the roles, such as electrical maintenance and inspection, may be a function that is contracted to a third party. However, where this is an internal function, the employer may need to provide additional training or qualification to ensure competency. There is also a requirement under the Safety, Health and Welfare at Work Act, 2005, to have access to competent advice on health and safety. Again, it is an expectation that this is an internal function rather than relying completely on external advice. However, the level of competency is not set in any legislation and will vary depending on the nature of the organisation, it s operations and hazards as well as the exact role that the competent person is expected to complete. 4. Refresher As already mentioned, some statutory training also prescribes a period in which employees must received a specific refresher course. However, this only relates to relatively small number of roles/hazards and in some cases only some of these have a specified syllabus for the refresher training. Induction Although an item may well be a legal requirement, in some cases the nature and extent, based on risk assessments, mean that the training is adequately covered under a suitable induction programme. This section highlights those items. 5

6 If you have any specific questions on the legislative requirements and health and safety training, contact Ibec s Occupational Health and Safety Service: Phone: ohs@ibec.ie Or visit our Health and Safety Training website at: 6

7 Training Syllabus requirements Employer Statutory Competent Refresher Induct Comments General OHS Training General employee safety Senior Executives Managers Supervisors Safety Representative Competent Person Emergencies (general) Emergencies (evacuation) Hazard Specific Training Use of Work Equipment Maintenance of work equipment Use of lifting equipment (General) Maintenance of lifting equipment Guidance states must be Fully informed of duties Guidance states must be Fully informed of duties At request of employees Type of business and risk dictates competency Some work equipment may require more in depth training. 7

8 Training Syllabus requirements Employer Statutory Competent Refresher Forklift Truck Operative Forklift Truck Instructor Use and maintenance of PPE Induct Manual Handling operatives Manual Handling Instructor and Assessor DSE/VDU Operative DSE/VDU Assessor Electrical equipment Operative Electrical equipment - Maintenance and Inspection Work at Height general Work at Height specific (ladders, MEWPs) Work at height fall arrest Work at height rescue Noise - exposed employees Vibration exposed employees First Aider First Aid Instructor Work in Explosive atmospheres Work in Explosive atmospheres - emergencies Confined Space entry Comments Some PPE may require more in depth training Risk dictates competency 8

9 Training Syllabus requirements Employer Statutory Competent Refresher Induct Confined Space Emergency Rescue Fire Wardens Fire Fighting Use of Chemicals Chemical Spillages Use of Biological Agents Asbestos handling Asbestos Working on asbestos Policy Specific Anti-Bullying/Inappropriate Behaviour Policy Intoxicants Policy Work-Related Stress Policy Young Persons Policy Pregnant Employees Policy Night Work and Shift Work Policy Accident and Incident Management Policy Purchasing of new equipment policy Lone Working Policy Occupational Driving Violence and Aggression Policy Comments Referred to in CoP 9