Health and safety is a management responsibility as well as an operational one. For directors and senior managers, understanding the organisation’s legal duties is essential to ensuring that appropriate systems, resources and controls are in place.
In Ireland, the principal legislation governing workplace health and safety is the Safety, Health and Welfare at Work Act 2005, supported by regulations covering specific workplace risks and activities.
The legislation places duties on employers to manage work in a way that protects, so far as is reasonably practicable, the safety, health and welfare of employees. It also provides circumstances in which directors, managers and other senior officers can face personal criminal liability where an offence by an undertaking is attributable to their authorisation, consent, connivance or neglect.
For businesses operating in construction, engineering, manufacturing and other higher-risk environments, effective safety governance therefore requires more than having policies in place. Organisations need appropriate risk assessments, competent resources, training, supervision and systems for monitoring whether controls are actually being implemented.
As of 17 September 2026, 19 work-related fatalities had been recorded in Ireland during 2026.
This is a year-to-date figure and should not be confused with a final annual total. Fatality statistics can be subject to change as incidents are investigated and their work related status is confirmed. The latest completed annual figures published by the Health and Safety Authority recorded 61 work-related fatalities in Ireland in 2025, compared with 33 in 2024.
The HSA reported that machinery, vehicles, falls from height and being struck or crushed by objects continued to feature among the causes of fatal incidents.
The HSA has stated that its 2026 programme includes risk-based and evidence-led workplace health and safety inspections, with higher-risk sectors subject to targeted enforcement, compliance and awareness activity.
For businesses operating in construction, engineering, manufacturing, transport and other higher-risk environments, this reinforces the importance of having appropriate safety management arrangements that reflect the actual risks associated with their activities.
Section 8 of the Safety, Health and Welfare at Work Act 2005 places a general duty on employers to ensure, so far as is reasonably practicable, the safety, health and welfare of employees at work.
This includes responsibilities relating to the workplace, work systems, equipment, information, instruction, training and supervision. The legislation requires employers to identify and assess risks and to put appropriate preventive and protective measures in place.
A Safety Statement is an important part of this process. However, effective health and safety management is not limited to maintaining documentation. The organisation must also ensure that the arrangements identified in its safety management system are appropriate to its operations and are implemented in practice.
It is important to distinguish between corporate responsibility and personal liability.
A workplace accident does not automatically make a director personally liable. However, Section 80 of the Safety, Health and Welfare at Work Act 2005 provides for the prosecution of directors, managers and certain other officers where an offence committed by an undertaking is attributable to their consent, connivance or neglect.
This means that senior management cannot assume that responsibility for health and safety automatically rests solely with an appointed safety professional or operational manager. The precise circumstances of any potential liability depend on the facts of the case and the requirements of the legislation.
The 2005 Act requires employers to appoint one or more competent persons to assist them in fulfilling their duties relating to the protection of employees and the prevention of risks.
Competence is considered in terms of the person’s training, experience and knowledge, having regard to the particular task and the size and hazards of the undertaking. For some organisations, this expertise may be available internally. Others may require external specialist support.
The important consideration is that the organisation has access to appropriate competence for the risks it is managing and that sufficient time and resources are made available for the work to be carried out effectively.
A Safety Statement, risk assessment or policy is only one component of a wider safety management system.
Directors and senior managers should have appropriate arrangements for reviewing whether their safety systems are working as intended.
Depending on the organisation and its risk profile, this may include:
The purpose is not to create unnecessary administration. It is to provide management with reasonable assurance that significant risks are being identified, controlled and monitored.
Construction and other industries involving mobile plant, machinery and vehicles require particular attention to interaction between people and equipment.
In September 2026, the HSA, together with HSENI and the Construction Industry Federation, launched an all-island campaign addressing risks associated with people working around construction plant and machinery.
The HSA reported that 25 people had died in construction-related incidents involving plant, machinery or vehicles across the island of Ireland between 2016 and 2025. The HSA has also undertaken inspection activity relating to driving for work, including consideration of how employers assess and manage risks associated with workplace driving.
For organisations where vehicles or mobile plant form part of normal operations, traffic management, segregation, competent operation, supervision and appropriate risk assessment should therefore form part of the overall safety management approach where relevant.
1. Understand the organisation’s significant risks – Directors and senior management should have a reasonable understanding of the principal health and safety risks associated with the organisation’s activities. This does not require directors to become technical specialists in every aspect of workplace safety. It does require appropriate systems and competent people to be in place to identify and manage those risks.
2. Ensure competent resources are available – The organisation should have access to people with the appropriate training, experience and knowledge to provide competent health and safety support. Where external specialists are used, their role should be clearly defined and integrated into the organisation’s overall management arrangements.
3. Review safety performance – Management should receive appropriate information on health and safety performance. Depending on the organisation, this could include inspection findings, outstanding corrective actions, incidents, near misses, training, significant risk assessments and other relevant indicators.
4. Provide appropriate training and supervision – Employees should receive information, instruction, training and supervision appropriate to the work they undertake. Training requirements should reflect the actual tasks and risks involved rather than relying solely on generic training.
5. Learn from incidents – Where an incident occurs, organisations should establish what happened, identify contributing factors and determine whether existing controls remain adequate. The HSA states that its investigations into workplace fatalities are intended to establish what happened, determine whether duties have been breached and consider whether enforcement or legal action is appropriate.
6. Review arrangements when circumstances change – Safety arrangements should reflect the organisation’s current operations. Changes involving machinery, equipment, processes, workplaces, staffing or working arrangements may require existing risk assessments and control measures to be reviewed.
7. Maintain clear responsibilities – Employees, supervisors, managers, directors and competent persons should understand their respective responsibilities and reporting arrangements. Clear accountability helps ensure that significant safety issues are identified and dealt with appropriately.
The HSA has statutory powers to inspect workplaces and investigate incidents.
Where legal requirements are not being met, the regulatory framework provides for enforcement measures including improvement notices, prohibition notices and prosecution where appropriate.
The HSA states that workplace fatality investigations may result in enforcement or legal action, including prosecution, where its investigation establishes that this is warranted.
Organisations should therefore ensure that their health and safety arrangements are capable of demonstrating how workplace risks are identified, assessed and controlled.
The Safety, Health and Welfare at Work Act 2005 provides for significant penalties for certain offences. Depending on the offence and how it is prosecuted, the legislation provides for fines and imprisonment.
For specified offences prosecuted on indictment, the maximum penalty can include a fine of up to €3 million and/or imprisonment for up to two years. The applicable penalty depends on the particular offence and circumstances.
For this reason, health and safety should be treated as a substantive business responsibility rather than simply an administrative requirement.
Effective health and safety management does not necessarily mean creating additional layers of paperwork.
A practical approach is to ensure that the organisation has:
For directors and senior management, the objective should be to have reasonable assurance that the systems established by the organisation are suitable for its activities and are being implemented effectively.
Effective health and safety management does not necessarily mean creating additional layers of paperwork.
A practical approach is to ensure that the organisation has:
EHS Training
Competence is a fundamental part of effective risk management. Ayrton provides EHS training for employees, supervisors, managers and safety professionals across areas including occupational health and safety, construction safety, risk assessment, working at height, manual handling, plant and equipment, and management responsibilities. The objective is to develop knowledge and practical competence that can be applied within the workplace.
EHS Risk Management & Advisory
Ayrton provides specialist EHS advice to help organisations identify and manage workplace risks. This includes risk assessments, workplace audits, construction safety management, Safety Statements, PSDP and PSCS services, and wider EHS consultancy. For directors and senior management, this can provide access to specialist expertise when reviewing whether existing safety arrangements are appropriate for the organisation’s activities and risk profile.
Recruitment & Talent
Effective safety management also depends on having suitably qualified and experienced people in the organisation. Ayrton Recruitment & Talent (ART) provides specialist recruitment and talent services across EHS, engineering, construction and technical disciplines, helping organisations identify and recruit personnel with the skills required for their operational and safety needs.
Traffic Management
Where vehicles, mobile plant and pedestrians operate in the same environment, effective traffic management is an important risk-control measure. Ayrton Traffic Management (ATM) provides traffic management expertise covering the planning and management of vehicle and pedestrian movements, helping organisations address the specific risks associated with their sites and operations.
A Connected Approach to EHS These services address four practical components of effective safety management: developing competence, managing risk, having the right people and controlling operational hazards.
For organisations operating in construction, engineering, manufacturing, transport and other higher-risk environments, this provides a practical framework for strengthening existing health and safety arrangements.
Ayrton Group does not replace the legal responsibilities of an employer, director or project duty-holder. Instead, its role is to provide the specialist expertise, training, people and operational support that organisations may require to meet those responsibilities effectively. With 19 work-related fatalities recorded in Ireland as of 17 September 2026, workplace safety remains an important management issue.
The appropriate response is not simply more paperwork, it is ensuring that significant risks are understood, competent people are available, controls are appropriate and those controls are being implemented in practice.
That is where specialist EHS support can add value.
EHS Training | EHS Risk Management & Advisory | Ayrton Recruitment & Talent | Ayrton Traffic Management
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