The Health and Safety Information for Employees (Amendment) Regulations (Northern Ireland) 2009

Made: 15th May 2009

Coming into operation: 15th June 2009

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)[^f00005] of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)[^f00006] of that Order

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Health and Safety Information for Employees (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 15th June 2009.

• (2) In these Regulations “the principal Regulations” means the Health and Safety Information for Employees Regulations (Northern Ireland) 1991[^f00007].

Amendments to the principal Regulations

2

• (1) The principal Regulations shall be amended as follows.

• (2) In regulation 2(1) (Interpretation and application)—

• (a) for the definition of “territorial waters” substitute—

“territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it;

• (b) in paragraph (3) for “paragraph 1” substitute “paragraphs 2, 3 and 4”; and

• (c) in paragraph (4) for “territorial waters” substitute “the territorial sea”.

• (3) In regulation 3 (Meaning of and revisions to the approved poster and leaflet), in sub-paragraph (2)(b) for “9 months” substitute “five years”.

• (4) In regulation 5 (Provision of further information)—

• (a) for paragraph (1) substitute—

(1) An employer relying on compliance with regulation 4(1)(a) shall, subject to paragraph (2), ensure that the following information is clearly and indelibly written on the poster in the appropriate space— (a) the name of the enforcing authority for the premises where the poster is displayed; and (b) the address of the office of the enforcing authority for the area in which those premises are situated; or (c) information as to how any of his employees may obtain the information referred to in sub-paragraphs (a) and (b).

• (b) for paragraph (3) substitute—

(3) An employer who gives to his employee a leaflet pursuant to regulation 4(1)(b) shall give with the leaflet a written notice containing— (a) the name of the enforcing authority for the premises where the employee works; and (b) the address of the office of the enforcing authority for the area in which those premises are situated; or (c) information as to how any of his employees may obtain the information referred to in sub-paragraphs (a) and (b).

• (5) For Schedule 1 substitute the Schedule set out in the Schedule to these Regulations.

Application within the territorial sea

3

These Regulations shall apply to and in relation to premises and activities within the territorial sea to the same extent as provided for in regulation 2(3) and (4) and Schedule 1 of the principal Regulations.

SCHEDULE — SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE HEALTH AND SAFETY INFORMATION FOR EMPLOYEES REGULATIONS (NORTHERN IRELAND) 1991

Signed

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 15th May 2009.

M. Bohill — A senior officer of the Department of Enterprise, trade and Investment

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Health and Safety Information for Employees Regulations (Northern Ireland) 1991 (S.R. 1991 No. 105), which require information relating to health, safety and welfare to be furnished to employees by means of posters or leaflets in the form approved and published for the purposes of the Regulations by the Health and Safety Executive for Northern Ireland.

The 1991 Regulations require the name and address of the enforcing authority to be written in the appropriate place on the poster (regulation 5(1)); and where the leaflet is given, the same information should be specified in a written notice accompanying it (regulation 5(3)). These Regulations amend regulation 5(1) and 5(3) of the 1991 Regulations to enable an employer alternatively to provide information as to how any of his employees may obtain the name and address of the enforcing authority.

The Regulations also amend regulation 3(2)(b) of the 1991 Regulations by increasing the period in which an employer can continue to display the unrevised approved poster and distribute the unrevised approved leaflet, from 9 months to five years.

The Regulations also substitute for the definition of “territorial waters” the definition of “ territorial sea” (regulation 2(2)) and a new Schedule 1 (regulation 2(5) and Schedule) in the 1991 Regulations, to update the provisions relating to the application of those Regulations within the territorial sea.

Footnotes

[^f00001]: Formerly the Department of Economic Development; seeS.I. 1982/846 (N.I. 11), Article 3 and S.I. 1999/283 (N.I. 1), Article 3(5)

[^f00002]: SeeArticle 2(2) of S.I. 1978/1039 (N.I. 9)

[^f00003]: Article 17 must be read with S.I. 1992/1728 (N.I. 17), Articles 3(2) and 4(2)

[^f00004]: S.I 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Articles 3(1) and 4(1)

[^f00005]: Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4

[^f00006]: Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18(c)

[^f00007]: S.R. 1991 No. 105, as amended by S.R. 1996 No. 512, S.R. 1999 No. 150 and S.R. 2007 No. 291

[^f00008]: 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), section 37 and Schedule 3, paragraph1

[^f00009]: S.R. 2005 No. 45, as amended by S.R. 2007 No. 247

[^f00010]: 1969 c. 6 (N.I.)