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Introduction The Safety, Health and Welfare at Work Act, 2005 places an obligation on the Health and Safety Authority to keep under review relevant statutory provisions and in this regard, must submit to the Minister any proposals it considers appropriate. The Minister may also direct the Authority to undertake reviews of Health and Safety legislation and to assist in the drafting of legislation. The power to make Regulations under the Act includes the power to give effect to any relevant European Communities Directive. Before submitting proposals to the Minister, the Authority is required to consult with other persons or bodies that appear to be appropriate having regard to the proposals. Purpose of Consultation Consultation Process The Authority will facilitate consultation in a number of ways including, seeking submissions from interested parties and by issuing an open invitation to the general public by way of a call for submissions on its web site and or in the national media and in its corporate newsletter as appropriate In all cases, the process will involve the following:
B. Receipt of submissions: The consultation period allowed in respect of proposed Regulations, Codes of Practice and guidance as appropriate will be one month. To make the process of analysing submissions efficient comments should be submitted in the format detailed in the relevant Consultation Document. The fastest and most efficient method of making submissions is by way
of the HSA web site www.hsa.ie All postal submissions should be addressed to the Person or Post in each case correspondence should carry the relevant Consultation Document Reference. C. Evaluation of Submissions: Once the period for receipt of submissions has elapsed, the Authority will review and analyse responses and give further consideration to draft Regulations, Codes of Practice and guidance documents in light of this analysis. It may be necessary during the evaluation to invite parties making submissions to clarify matters. The length of time necessary to complete this stage will vary depending on the volume and complexity of submissions received but the Authority will endeavour to complete the process as soon as possible. D. Publication of Outcome of Consultation Process To further enable open and transparent consultation submissions will be made available for viewing by the Public, with the exception of information referring to the personal / home addresses of individuals making submissions, at the close of the Consultation Process and at the same time as the Authority publishes its response to the Consultation Process. Note that the Authority is subject to the Freedom of Information Acts 1997 and 2003 and the Data Protection Acts 1998 and 2003. Responses to Consultation Documents are invited on the basis that anyone submitting them agrees to their response being dealt with in this way. E. Consideration by the Board of the Authority Finalised proposals for Regulations and Codes of practice will be submitted for the Boards consideration and approval having regard to the role of the Legislative and Guidance Sub committee as agreed by the Board from time to time. F. Submission To the Minister Draft Codes of Practice for Acts and Regulations already in place will be forwarded to the Minister for his consent to their issue by the Authority Draft Codes of Practice relating to Draft Regulations will be submitted to the Minister for his consent after legal settlement of Regulations.
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