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7 1989

SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989

PART VI

Obtaining and Disclosure of Information

Obtaining of information by the Authority.

42. —(1) The Authority may, for the purpose of obtaining information which the Authority or an enforcing agency requires for the discharge of its functions, by a notice in writing (in this section referred to as “a notice requiring information”) served on any person, require such person to furnish to the Authority within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.

(2) The Authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the protection of the safety, health or welfare of persons under any of the relevant statutory provisions.

(3) A person shall provide the information requested in a notice requiring information—

(a) where no appeal is taken against the notice—

(i) on the expiration of the period during which such an appeal may be taken; or

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

(iii) on such subsequent day as the Authority may agree to in writing,

whichever is the later;

(b) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—

(i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn; or

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information; or

(iii) in case the operation of the notice has been suspended in accordance with subsection (4) (b), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that subsection,

whichever is the later.

(4) (a) Where a person is aggrieved by a notice requiring information served on him, he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Justice of the District Court in the District Court District in which the notice is served in the prescribed manner against the notice and, in determining the appeal, the Justice may—

(i) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice;

(b) where on the hearing of an appeal under this subsection a notice requiring information is confirmed, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate;

(c) the Justice determining an appeal under this subsection may make such order as to the payment of costs in respect of the appeal as he considers appropriate.

(5) Where any opinion of the Authority to which subsection (2) relates purports to be contained in any document which—

(a) purports to have been made by or at the direction of the Authority; and

(b) is produced in evidence by an officer of the Authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

Information communicated by the Revenue Commissioners.

43. —If they see fit to do so for the purpose of facilitating the exercise or performance by the Authority or an enforcing agency or an inspector of the Authority or of an enforcing agency of any of the powers or duties exercised by them under any of the relevant statutory provisions, the Revenue Commissioners may authorise the disclosure to the Authority or to an enforcing agency or an inspector of the Authority or of an enforcing agency of any information obtained by the Revenue Commissioners for the purposes of the exercise by them of their functions in relation to articles or substances imported into the State.

Access to information.

44. —The Minister for Health and the Minister for Social Welfare may give to the Authority such information in relation to personal injury to persons at work as may be necessary for ensuring the safety, health or welfare of persons at work.

Restrictions on the disclosure of information.

45. —(1) In this section—

relevant information” means information obtained by a person or furnished to any person pursuant to section 42 or section 43 or pursuant to a requirement imposed by any of the relevant statutory provisions;

relevant consent” means, in the case of information furnished in pursuance of a requirement imposed by section 34 , the consent of the person who furnished it, and, in any other case, the consent of a person having control of the activity or the place of work where the information was obtained;

the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

(2) Subject to subsection (3), no relevant information shall be disclosed without the relevant consent.

(3) Subsection (2) shall not apply to—

(a) disclosure of information to the Authority, an enforcing agency or a Minister of the Government;

(b) without prejudice to paragraph (a), disclosure by the recipient of information to any person for the purposes of any function conferred on the recipient by or under any of the relevant statutory provisions;

(c) without prejudice to paragraph (a), disclosure by the recipient of information to an officer of a public body who is authorised by that body to receive it;

(d) disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case; or

(e) disclosure of information for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of this Act or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of this Act.

(4) In subsection (3), any reference to the Authority, enforcing agency or a Minister of the Government includes respectively a reference to an officer of those bodies and also, in the case of a reference to the Authority, includes a reference to—

(a) a person performing any function of the Authority;

(b) an officer of a body which is so performing any such functions.

(5) A person to whom information is disclosed pursuant to subsection (3) shall not use the information for a purpose other than—

(a) in a case falling within paragraph (a) of that subsection, a purpose of the Authority, enforcing agency or a Minister of the Government in connection with the relevant statutory provisions; or

(b) in the case of information given to an officer of a public body the purpose of such body in connection with their duties under the relevant statutory provisions or other statutory provisions relating to the protection of public safety, health or the environment.

(6) A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by the provisions of section 34 , 46 or 47 (including, in particular, any information with respect to any trade secret obtained by him in any place of work entered by him by virtue of any such power) except—

(a) for the purpose of his statutory functions; or

(b) for the purpose of any legal proceedings or any investigation or inquiry held by virtue of the provisions of section 47 or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of the provisions of section 46 ; or

(c) with the relevant consent.

(7) Notwithstanding the provisions of subsection (6) an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any place of work adequately informed about matters affecting their safety, health or welfare, give to such persons or their representatives the following information, that is to say—

(a) factual information obtained by him as mentioned in subsection (6) which relates to that place of work or anything which was or is therein or was or is being done therein provided that such information does not reveal any trade secrets; and

(b) information with respect to any action which he has taken or proposes to take in or in connection with that place of work in the performance of his functions;

and, where an inspector does as aforesaid he shall give the like information to the employer of the first-mentioned persons.

(8) Where for the purpose of evaluating information obtained under section 42 the Authority discloses that information to some other person, that other person shall not use that information for any purpose except for a purpose of the Authority and, before disclosing that information, the Authority shall inform that other person of his obligations under this section.