It is estimated that, each year in Ireland, over ten times as many work days are lost due to workplace accidents and ill-health than due to industrial disputes. With the enactment of a new Act in 2005, health and safety law is gaining increasing importance in many areas of legal practice including public liability, personal injuries, employment, construction, company and criminal law. Many of the issues on which you may be asked to advise have an important health and safety dimension including:

• What happens if a worker refuses to work because of safety concerns?
• What are businesses’ duties to members of the public who visit their premises?
• What can an employer do if they suspect an employee of being under the influence of drugs or alcohol?
• Does the move to a multi-national workforce affect employers’ health and safety duties to their staff?
• Who is responsible for the safety of sub-contracted or agency workers on a business premises?
• A construction worker has been killed on a building site being built for your client – could s/he be the subject of a criminal investigation?
• An accident has occurred at your client’s workplace - what are his/her obligations?
• Can a company director or senior manager be personally liable for safety failures in his or her business?
• What should an employer do if a staff member alleges workplace stress or bullying?

A failure by your clients, whether companies or individuals, to comply with their statutory duties in this field can lead to serious and expensive litigation in both the civil and criminal courts. This is also an area of law with a strong European law influence, much of which is as yet unexplored in litigation.