Occupational Safety and Health Convention, 1981 (No. 155) - Ireland (Ratification: 1995)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.

General provisions

Application in practice of Convention No. 155. Following its previous comments, the Committee notes the statistics provided by the Government in its report and in the Annual Review of Workplace Injuries, Illnesses and Fatalities 2022–2023. According to those statistics, 10,096 non-fatal injuries were reported to the Health and Safety Authority (HSA) in 2023, which represents an increase of 11 per cent compared to 2022, and an increase of 15 per cent compared to the previous five-year average. In addition, 43 fatal work-related incidents were recorded in 2023, out of which 47 per cent occurred in agriculture, forestry and fishing. In this regard, the Committee notes the measures taken by the Government to financially support the agricultural sector, with a view to reducing workplace accidents, including financial contributions to purchase power take off shaft covers, as well as other measures, such as inspections, investigations, guidance provision, media campaigns, and working with key industry stakeholders. The Committee requests the Government to continue to provide information on the impact of measures taken with a view to reducing occupational accidents and diseases in the agricultural, forestry and fishing sectors. The Committee requests the Government to continue to provide statistics on occupational accidents and diseases in all sectors.

Protection against specific risks

Article 2 of Convention No. 139. Replacement of carcinogenic substances and agents. The Committee notes the Safety, Health and Welfare at Work (Carcinogens, Mutagens and Reprotoxic Substances) Regulations 2024, and, in particular, section 4(5) of the regulations placing obligations on employers to “reduce the use of a carcinogen, mutagen or reprotoxic substance at the workplace”. The Committee requests the Government provide further information on its efforts to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents.

Article 5.Medical examinations after the period of employment. Following its previous comments on this matter, the Committee notes the Government’s statement that national laws and regulations do not require employers to provide medical examinations after employment, and that such examinations are covered by the government-funded public healthcare system instead. The Government further indicates, regarding medical examinations or biological or other tests or investigations during employment, that the responsible medical practitioners can legally recommend health assessments to continue after the end of the exposure, for as long as they consider it necessary. The Committee requests the Government to provide further information on the application in practice of the system to supervise workers’ state of health in relation to past occupational hazards, including information on the role of the National Cancer Control Programme in this regard.

Protection in specific branches of activity

Article 3 of Convention No. 176. National policy. Following its previous comments, the Committee takes due note of the Government’s statement that the Safety, Health and Welfare at Work (Mines) Regulations, SI 133 of 2018, came into operation on 30 April 2018, consolidating regulations specific to mines into a single comprehensive document. The Committee takes note of this information, which addresses its previous request.

Article 5(4)(d). Waste produced at the mine. The Committee takes note of Regulations under Part 7 of the Safety, Health and Welfare at Work (Mines) Regulations, SI 133 of 2018, regarding the safe storage and transport of explosives and ANBI (substance assigned as ammonium nitrate blasting intermediate) at the mine. The Committee requests the Government to indicate the provisions in national laws and regulations which set out requirements for the safe disposal of waste produced at the mine.

Article 13(1)(b), (2)(c) and (3). Right of workers to request and obtain inspections and investigations to be conducted by the employer and the competent authority. Right of safety and health representatives to have recourse to independent experts. Procedure. Following its previous comments regarding the measures taken to give effect to Article 13(2)(c) and (3), the Committee notes that, according to the Government, there has been no change to the legislative requirements regarding this matter. The Committee recalls once again that, under Article 13(3), the procedure for the exercise of the rights under Article 13(1) and (2) shall be specified by national law and regulations, and through consultation between employers and workers and their representatives. The Committee requests the Government to indicate the measures envisaged to give full effect to Article 13, by ensuring that national laws and regulations provide the procedure for safety and health representatives to exercise their right to have recourse to advisers and independent experts (Article 13(2)(c)). In addition, the Committee requests the Government to indicate the provisions in national laws and regulations providing the procedure to exercise workers’ right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Application of the Convention in practice. With reference to its previous comment concerning the measures taken to address the increase in fatalities in agriculture, forestry and fishing, the Committee notes the information provided by the Government that these sectors continued to be among the sectors with the highest fatality rates. The Government reports that the Health and Safety Authority (HSA) therefore carries out targeted inspection activities in agriculture, and that a great number of preventive and awareness-raising activities (including media campaigns, seminars, discussion groups, the involvement of rural promoters and interested stakeholders, lessons on OSH in agriculture and fishing in schools, etc.) have been undertaken to improve safety and health standards in these sectors. In this respect, the Committee also notes the Government’s reference to the online risk-assessment tools available to farmers, including those who are running small businesses. The Committee also notes with interest that the Government introduced the so-called “Farm Safety Scheme” under which farmers could apply (between October 2014 and January 2015) for financial assistance from the Government to help them improve safety standards, particularly through the purchase of safety equipment and tools. The Committee requests the Government to provide more information on the “Farm Safety Scheme”, including the number of applicants to whom financial assistance has been granted, and the safety measures taken at agricultural workplaces as a result. The Committee also requests the Government to provide information on the impact of all the activities referred to by the Government (targeted inspection visits, preventive activities, self-assessment online tools and the Farm Safety Scheme) in terms of improved safety standards at agricultural workplaces and reduced numbers of occupational accidents and diseases. In this respect, the Committee requests the Government to continue providing information on the numbers of occupational accidents and diseases in agriculture, forestry and fishing.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application in practice. The Committee notes the detailed statistical information, disaggregated by sector, occupation, gender, age, nationality, injury and illness type, etc. contained in the Health and Safety Authority’s Summary of Workplace Injury, Illness and Fatality Statistics 2009–10. The Committee notes that the highest number of recorded fatalities in 2010 was in the agriculture, forestry and fishing sector and that the rate of fatalities per 100,000 workers in this sector has seen a significant increase in 2010 compared with previous years. The Committee requests the Government to provide further information on the measures taken or envisaged to address the increase in recorded fatalities in the agriculture, forestry and fishing sector, and to continue to supply information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 8 of the Convention. The Committee notes the information provided by the Government, and in particular the reference to recent texts that have been adopted, including regulations and codes of practice issued under the Safety, Health and Welfare at Work Act, 2005, which give further effect to this provision of the Convention. The Committee invites the Government to continue to provide information on the application of Article 8 of the Convention.

Part V of the report form. Application in practice. The Committee welcomes the detailed information contained in the Health and Safety Authority’s Annual Reports and the publications summarizing workplace injury, illness and fatality statistics. The Committee in particular notes with interest the detailed statistical information, disaggregated by sector, occupation, gender, age, nationality, injury and illness type, etc. contained in the Health and Safety Authority’s Summary of Workplace Injury, Illness and Fatality Statistics 2009–10. The Committee notes that the highest number of recorded fatalities in 2010 was in the agriculture, forestry and fishing sector and that the rate of fatalities per 100,000 workers in this sector has seen a significant increase in 2010 compared with previous years. The Committee requests the Government to provide further information on the measures taken or envisaged to address the increase in recorded fatalities in the agriculture, forestry and fishing sector, and to continue to supply information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the detailed information contained in the Government’s report.

2. Article 8 of the Convention. National legislation. The Committee notes with interest the adoption of the Safety, Health and Welfare at Work Act, 2005, replacing the Act of 1989, ensuring the application of the Convention, including the Articles mentioned in its previous comments. It notes the Government’s statement that the Safety, Health and Welfare at Work (General Application) Regulations, 1993, are to be replaced in the near future. The Committee hopes that the regulations issued under the Safety, Health and Welfare at Work Act, 2005, will be adopted in the near future and asks the Government to provide a copy thereof once they have been adopted.

3. Article 11. Competent authority. The Committee notes that the Health and Safety Authority (HSA) continues to ensure the functions under this Article of the Convention. It notes that HSA has a three-year strategic plan, implemented each year by an annual programme at work and that the annual report contains an evaluation of the preceding years’ activities and that it can be consulted on www.hsa.ie.

4. Parts III and V of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention. It also asks the Government to provide a general appreciation of the manner in which the Convention is applied in Ireland, including extracts from inspection reports, the number of workers covered, disaggregated by gender if possible, the number and nature of the contraventions reported, and the number, nature and cause of the accidents reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its reports. It would be grateful if the Government would provide information on the following points.

Article 3(e) of the Convention- whether, in the occupational safety and health arrangements, the term "health", in relation to work, indicates not merely the absence of disease or infirmity but also includes the physical and mental elements affecting health that are directly related to safety and hygiene at work.

Article 5(e)- whether the national policy on occupational safety and health takes into account the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy.

Article 11(b)- whether health hazards due to the simultaneous exposure to several substances or agents are taken into consideration when the competent authority or authorities ensure the carrying out of the function of determination of work processes and substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control.

Article 11(c)- whether procedures are established and applied for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned.

Article 13- the legislative or other provisions that ensure that a worker who has removed himself from a work situation that he has reasonable justification to believe presents an imminent and serious danger to his life or health is protected from undue consequences.

Article 17- the legislative or other provisions requiring collaboration between two or more undertakings engaged in activities simultaneously at one workplace, in applying the requirements of the Convention.

Article 18- the legislative and other provisions requiring that employers are to provide for first-aid arrangements.

Article 19(d)- the measures taken to ensure that arrangements exist at the level of the undertaking for the representatives of workers in the undertaking to be given appropriate training in occupational safety and health. 

Article 19(e)- the measures taken to ensure that there are arrangements at the level of the undertaking for workers to inquire into, and to be consulted by the employer on, all aspects of occupational safety and health associated with their work; and for this purpose, for the possibility that technical advisers to be brought in from outside the undertaking, by mutual agreement.

Article 19(f)- the measures taken to ensure that the employer is under an obligation not to require the worker to return to a work situation where there is continuing imminent and serious danger to life or health.

Article 20- information on the practical implementation of the cooperation between management and workers and/or their representatives within undertakings.

Article 21- the legislative or other provisions whereby occupational safety and health measures are not to involve any expenditure for workers.