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Premium and Premium Plus customers, Graphite provides a HR
Consultation Service. As part of our regular monthly review
in HR e-ssentials Graphite HRM provide you with an insight
into the type of queries we get through this consultation
service. This month we have taken some of the Health and Safety
related questions, as our next update to Personnel Policies
and Procedures: The Law in Perspective will provide you
with an update to the chapters on Health and Safety, and Termination.
Q: We have a number of non-nationals
in our company. Do we have to translate our safety statement?
A: The Safety
Health and Welfare at Work Act, 2005, introduced a legal requirement
on employers to produce the safety statement in a form, manner
and language that is likely to be reasonably understood by
any persons that it affects. Every individual employed by
an employer has to be informed about the Safety Statement,
preferably by way of interactive training, attendance at which
is duly documented. In multi-cultural and multi-lingual organisations
it is a requirement under the 2005 Act, to ensure that copies
of the Safety Statement are provided in the employee’s native
language e.g. Spanish, Croatian etc. and Irish. Therefore
employers must translate and then communicate the relevant
information.
Other people who should also receive a copy of the Safely
Statement include temporary or fixed-term employees, contract
staff, etc. Anyone who visits the premises on an infrequent
basis may not require the full statement, e.g. contractors,
but must be given sufficient information to protect them from
identified risks and hazards, and must be clear about evacuation
procedures in the event of a fire alarm.
At training, instructions must be easily understood, preferably
be in writing and in a language understood by employees. Where
reference to manuals is required on an ongoing basis, employees
must be able to follow instructions easily and clearly.
To read about the 2005 act please wait the forthcoming
update of Personnel Policies
and Procedures – the law in perspective.
Q: What should I do with an
employee who does not want to come on their time off to attend
Health and Safety training?
A: Insufficient
training on health and safety matters is a significant contributory
factor to accidents and ill-health. Employees requiring health
and safety training, whether to do their job, to maintain
equipment or to act as safety representatives, have to be
allowed to attend appropriately certified training during
working hours, with full pay. Employees should not be required
to come in on their day off, so even for night shift workers,
they are entitled to training during their normal working
hours.
A contract of employment may be used to lay down stipulations
about attendance at training, and outlining the associated
conditions (e.g. payment, time off in lieu, work break periods).
Disclaimer - This is not
a legal service, all suggestions will be based on HR best
practice.
You should seek independent legal advice before making any
decisions.
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