Notification of Accidents
Where any explosion or fire, or any accident involving a substance kept under licence, occurs in or about or in connection with licensed premises and occasions loss of life or injury to person or property, the licensee shall forthwith send to the Minister written notice of the accident and of the loss of life or injury.
No person shall, except with the consent of an inspector, disturb the place where any such accident occurred or tamper with anything thereat before—
- the expiration of three clear days after notification of the accident or
- that place has been visited by an inspector,
whichever first occurs.
In any proceedings taken in respect of a contravention of this subsection consisting of the doing of any act, it shall be a defence to prove that the doing of that act was necessary for securing the safety of the place or persons thereat.
Where, in or about or in connection with any vehicle or vessel on which any substance to which the Dangerous Substances Act applies is being loaded or conveyed, or from which it is being unloaded, any accident occurs involving loss of life or injury to person or property the owner of the vehicle or master of the vessel shall, if the accident involved such a substance, forthwith send to the Minister notice of the accident and of the loss of life or injury. This provision does not apply in relation to fuel for use only on the vessel or vehicle.
If the Minister considers that it is expedient that notice should be given under this section in case of an occurrence of any special class in or about or in connection with licensed premises, he may by regulations extend the provisions of this section to every occurrence of that class, whether loss of life or injury to person or property is caused or not.
Inquest in case of death by accident.
Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or other occurrence of which notice is required, the followinf shall have effect.
The coroner shall adjourn the inquest unless—
- an inspector or some other person appearing on behalf of the Minister is present to watch the proceedings, or
- in case the inquest relates to the death of not more than one person and the coroner has sent to the Minister notice of the time and place of holding the inquest at such time as to reach the Minister not less than twenty-four hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest.
If the coroner adjourns the inquest—
- he may, before the adjournment, take evidence to identify the body and may order the interment of the body,
- he shall, at least four days before holding the adjourned inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquest.
No person having a personal interest in or employed in or about or in the management of the premises concerned shall be qualified to serve on the jury.
The following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor:
- an inspector or any other person appearing on behalf of the Minister,
- any relative or friend of the person in respect of whose death the inquest is being held,
- the licensee or occupier of the premises concerned,
- the owner of any vehicle or master of any vessel concerned,
- any person appointed in writing by the majority of the persons employed at the premises,
- any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed at the premises belongs,
- any person appointed in writing by any association of employers of which the licensee or occupier is a member.
Where an inspector or a person on behalf of the Minister is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident or occurrence, or of any defect in or about the premises appearing to the coroner or jury to require a remedy, the coroner shall send to the Minister notice in writing of the neglect or defect.
Power to direct formal investigation of accidents.
The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident or other: occurrence of which notice is required to be given and, of its causes and circumstances.
Conveyance of substances.
All practicable steps to prevent risk of injury to person or property shall be taken in the conveying, loading and unloading of any substance to which the Dangerous Substances Act applies.
The Minister may make regulations for the above purposes. The Minister may require a railway or canal undertaker to make under its statutory powers bye-laws governing the conveyance, loading and unloading of such substances by its undertaking and the undertaker shall comply with the requirement.
Notice of ships carrying petroleum-spirit and other substances.
The owner or master of every ship carrying any petroleum-spirit or explosive or any substance the importation of which is prohibited or controlled, on entering any harbour in the State, give notice of the nature of such cargo to the harbour master.
If such notice is not given the owner and the master shall each be guilty of an offence.
It shall be a good defence to a charge for a contravention of this section to prove that neither the owner nor the master knew the nature of the goods in respect of which the proceedings are taken, and that neither of them could, with reasonable diligence, have obtained such knowledge.
Trespass and other offences on licensed premises.
A person who enters without permission or otherwise trespasses upon any licensed premises shall be guilty of an offence, and may be forthwith removed by a member of the Garda Síochána or by the licensee or any agent of or other person authorised by the licensee.
A person who without lawful authority commits any act which tends to cause explosion or fire in or about the premises shall be guilty of an offence.
The licensee shall post up in some conspicuous place or places in or about the premises a notice or notices warning all persons of their liability to penalties under this section; but the absence of any such notice shall not exempt any person from liability.
Duties of persons employed.
A person employed in any premises to which any provisions of the Dangerous Substances Act apply shall not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of the Dangerous Substances Act for securing the health, safety or welfare of the persons employed at the premises, and where any means or appliance for securing health or safety is provided for the use of any such person under the Dangerous Substances Act, he shall use the means or appliance.
A person employed in any premises or on any ship, vessel or vehicle to which any provisions of the Dangerous Substances Act apply shall not wilfully and without reasonable cause do anything likely to endanger himself or others.
Display of notices.
Regulations may require that a prescribed abstract of the Dangerous Substances Act, copies of prescribed instruments or abstracts thereof and other notices be kept posted in the prescribed manner at prescribed places and any instrument under the Dangerous Substances Act may impose a like requirement in respect of a copy of the instrument itself or a prescribed abstract thereof.
If any person fails to comply with a requirement imposed on him under this section or wilfully pulls down, injures or defaces any document posted in pursuance thereof he shall be guilty of an offence.