Data Protection is a shared responsibility, which means that both employers and employees have data protection obligations under the Data Protection Acts and the General Data Protection Regulation.

The GDPR requires that organisations that carry out data processing as a public authority or public body must appoint a data protection officer. The chief executive is responsible for the efficient and effective operation of the organisation and is at the highest management level in the organisation. The chief executive, therefore, shall designate a data protection officer and ensure that the data protection officer is involved, properly and in a timely manner, in all issues that relate to personal data.

There are a number of specific responsibilities which must be discharged by the data controller and the data processor, but all staff including senior management have responsibility for data protection.

Further information is available here

A data controller is obliged to notify the DPC of any personal data breach that has occurred, unless they are able to demonstrate that the personal data breach is ‘unlikely to result in a risk to the rights and freedoms of natural persons’. This means that the default position for controllers is that all data breaches should be notified to the DPC, except for those where the controller has assessed the breach as being unlikely to present any risk to data subjects and the controller can show why they reached this conclusion. In any event, for all breaches – even those that are not notified to the DPC on the basis that they have been assessed as being unlikely to result in a risk – controllers must record at least the basic details of the breach, the assessment thereof, its effects, and the steps taken in response, as required by Article 33(5) GDPR.
 
Further information is available at https://www.dataprotection.ie/sites/default/files/uploads/2019-10/Data%20Breach%20Notification_Practical%20Guidance_Oct19.pdf

As the eyes are a permanent fixture our statutory inspection vendor (IES) class the lift hook/eye as part of the load and therefore it come under (SI No. 299) regulation 30 of of the Safety, Health and Welfare at Work (General Application) Regulations 2007–2020. It requires that all work equipment is inspected and maintained to the degree that ensures its continued safe use. Regulation 30 stipulates the requirement for inspection, maintenance and record keeping (5 year requirement) of those items. Inspection and maintenance requirements under Regulation 30 will often be satisfied ‘in-house’ (where the required competence is available) or through a competent service contractor. The nature and frequency of this work will depend on the complexity of the system and the risk that it poses to the safety of persons on site.  As a minimum, manufacturer’s guidelines for routine inspection and maintenance should always be followed but a detailed risk assessment should also be undertaken as this may lead to additional requirements. Certain Regulation 30 items could be considered relatively high risk (e.g. Powered Access Gates, Roller Shutter Doors & Heating Systems) and both IPB and IES recommend that these items are included on your schedule of plant for periodic thorough examination by IES.

Further information is available here

Health and safety is a shared responsibility, which means that both employers and employees have statutory responsibility for health and safety under the Safety, Health and Welfare at Work Act, 2005.

The Safety, Health and Welfare at Work Act, 2005 (Part 2, Section 13) requires that an employee, while at work must:

• • • comply with all relevant statutory provisions
    • take reasonable care to protect the safety of themselves and others who might be affected by their acts and omissions
    • ensure they are not under the influence of an intoxicant or in such a state that they might be a danger to themselves or others
    • submit to reasonable, appropriate testing, if reasonably required by the employer
    • co-operate with his or her employer so far as is necessary to enable compliance with the relevant statutory provisions
    • not engage in any improper conduct or dangerous behaviour
    • attend training and undergo such assessment as may be necessary
    • make correct use of any article or substance provided for use or for the protection of the employee, including protective clothing and equipment
    • report to his or her employer as soon as practicable:
      • any work being carried out which might endanger themselves or others
      • any defects in the place of work, the system of work, any article or substance which might endanger themselves or others
      • any contravention of the relevant statutory provisions of which he/she is aware
      • notify the employer or the employer‘s nominated registered practitioner if they become aware that they are suffering from any disease or physical or mental impairment which affects their performance of work activities that could give rise to risks to the safety, health and welfare of persons at work.  The duty is on the employee to protect themselves and others.

The Act gives scope for Regulations to be made that provide for employees to be required to undergo tests for intoxicants to be carried out by or under the supervision of a registered medical practitioner. Such Regulations are yet to be developed and until they are made, an employer may not require such testing although workplace agreements/policies may apply. The employer may, however, prevent an employee from working if it is apparent that he or she would be a danger to themselves or others.

Further information is available at https://www.hsa.ie/eng/Topics/Managing_Health_and_Safety/Safety,_Health_and_Welfare_at_Work_Act_2005/

In accordance with the REACH Regulations (Regulation (EC) No. 1907/2006), a safety data sheet (SDS) should be supplied with any hazardous chemical. Safety data sheets provide useful information on chemicals, describing the hazards the chemical presents, and giving information on handling, storage and emergency measures in case of an accident.

Further information is available here

In the event of an ordeal spill, prompt remedial action by property owners can mitigate environmental and third-party property damage and also help reduce Remedial costs. The approach to adopt in dealing with oil spills is site-specific, however the following highlights essential actions to property owners should take following an oil spill;

• • • identify the source of the leak or spill
    • take immediate action to stop or minimise the spill if it is continuing
    • if an oil tank is leaking from a minor fracture, stem the flow by gently rubbing a bar of soap along the fracture or crack
    • place containers beneath the leak point to catch escaping oil
    • take action to prevent the spill from entering sewers or streams
    • spread absorbent materials over the surface of the spill and place polythene over the contaminated area

Pollution incidents should be reported in the first instance to the local authority for the area in which the incident occurred as they can respond rapidly. The local authority will contact the environmental protection agency if an EPA licensed activity is concerned.

If you know it is an EPA licensed activity you should contact claims@ipb.ie directly as well as the local authority.

Further information is available here

The following actions should be taken if a report of cyber bullying is received:

• Be approachable. Where possible, reassure the subject of the bullying that the matter will be dealt with in accordance with policies and procedures
• Escalate the matter to the designated liaison person in your organisation
• Provide for an appropriate investigation into the matter
• Record all interactions and investigation outcomes
• All investigations should adopt a step by step approach

 

Where cyber bullying is brought to your attention, it is prudent to enquire into the circumstances to identify if your organisation could do more to prevent such an occurrence and to identify learning and improvement opportunities.

 
Further information is available here