Principal Health and Safety Legislation

Last updated: 6th June 2023.

Boards of Management have a particular responsibility to provide for the Health and Safety of staff, pupils, visitors to the schools and all others involved in the school community. This requires the establishment of a Safety and Health Management System (SMS) to promote continuous improvement in the way the school manages health and safety in its activities, practices and procedures.

Safety, Health and Welfare at Work Act 2005

This Act clarifies the legal responsibilities of employers, employees and other parties in relation to health and safety at work. It provides for a range of enforcement measures and specific penalties that may be applied for breaches of its provisions.

Safety, Health and Welfare at Work (General Applications) Regulations 2007

These regulations replace, simplify and update many older regulations that apply in all places of work including schools. These include the physical environment, the general use of work equipment and, in particular, the "protection of children and young persons".

Fire Services Acts, 1981 and 2003

The Fire Services Act of 1981 and its amendment in 2003 provides for powers of inspection and enforcement of essential fire prevention and safety measures in existing buildings including schools.

Occupiers Liability Act 1995

This Act imposes duties on Occupiers (the Board of Management in the context of schools) in relation to:

  • Visitors - Pupils, teachers, non teaching employees, parents/guardians, paid contractors.

  • Recreational user – A person who is present on the premises for recreational activity with or without permission.

  • Trespasser – an entrant to the school premises other than a recreational user or visitor.

Details of other relevant legislation can be found on the website of the Health and Safety Authority