Every employer in Ireland is required by law to have a written safety statement. There are no exceptions based on size, sector, or number of employees. Whether you employ one person or one thousand, you must have a safety statement that is specific to your workplace, based on an identified risk assessment, and kept up to date.

Despite this, the safety statement remains one of the most misunderstood — and most frequently neglected — legal obligations in Irish occupational health and safety. This guide explains what the law requires, what your safety statement must contain, what happens if you do not have one, and how to ensure yours is fit for purpose in 2026.

What Is a Safety Statement?

A safety statement is a written document that sets out how an employer manages and secures the safety, health, and welfare of employees and others affected by work activities. It is not a generic manual. It is not a policy borrowed from another company. It is a document specific to your organisation, your premises, your work activities, and your risks.

The safety statement must be based on the hazards identified and risks assessed in your workplace. It must specify the protective and preventive measures in place and the resources provided for maintaining and improving safety. It must name the people responsible for safety at every level of the organisation.

In essence, the safety statement is your organisation's plan for keeping people safe at work. It is the single most important health and safety document you hold.

The Legal Requirement: Section 20, SHWW Act 2005

The obligation to prepare a safety statement is set out in **Section 20 of the Safety, Health and Welfare at Work Act 2005** (the "2005 Act"). This is the principal statute governing occupational health and safety in Ireland and applies to all employers, employees, and places of work.

Section 20(1) states:

> *Every employer shall prepare, or cause to be prepared, a written statement (to be known and referred to in this Act as a "safety statement"), based on the identification of the hazards and the assessment of the risks to safety, health and welfare at the place of work to which the safety statement relates...*

The safety statement must:

- Be based on the risk assessment carried out under **Section 19** - Specify the manner in which the safety, health, and welfare of employees shall be secured and managed - Specify the hazards identified and the risks assessed - Contain the protective and preventive measures taken and the resources provided - Set out the plans and procedures for emergencies and serious and imminent danger - Specify the duties of employees as regards safety, health, and welfare - Include the names and job titles of persons responsible for safety

The safety statement must be brought to the attention of employees at least annually and upon any amendment. New employees must be made aware of the safety statement upon commencement of employment.

What Must a Safety Statement Contain?

The 2005 Act and associated codes of practice specify the following minimum content:

1. Risk Assessment (Section 19)

Before the safety statement can be prepared, the employer must carry out a risk assessment under Section 19 of the 2005 Act. This requires:

- Identification of hazards in the place of work - Assessment of the risks arising from those hazards - Identification of the steps to be taken to deal with any risks identified

The risk assessment is the foundation. Without it, the safety statement has no basis and will not comply with the law.

2. Safety and Health Policy

A clear statement of the employer's commitment to safety, health, and welfare, signed by the most senior person in the organisation (typically the managing director, CEO, or owner).

3. Organisational Responsibilities

The safety statement must identify, by name and job title, the persons responsible for safety at each level of the organisation. This includes:

- Senior management with overall responsibility - Safety officers or safety coordinators - Line managers and supervisors with day-to-day responsibility - The competent person(s) appointed under Section 18

4. Hazard Identification and Risk Assessment

A documented record of the hazards identified and the risks assessed in the workplace. This should cover all work activities, equipment, substances, and conditions. Hazards commonly addressed include:

- Slips, trips, and falls - Manual handling - Work at height - Machinery and equipment - Electricity - Fire - Chemical and biological agents - Workplace transport - Work-related stress - Violence and aggression - Lone working - Display screen equipment

5. Protective and Preventive Measures

For each hazard and risk identified, the safety statement must set out the controls in place. These may include:

- Elimination or substitution of the hazard - Engineering controls - Administrative controls (safe systems of work, procedures, permits) - Personal protective equipment (PPE) - Training - Health surveillance

6. Emergency Plans and Procedures

The safety statement must contain the plans and procedures for dealing with emergencies, including:

- Fire evacuation procedures - First aid arrangements - Reporting of incidents and dangerous occurrences - Procedures for serious and imminent danger

7. Employee Duties

A summary of employees' duties under Section 13 of the 2005 Act, including the duty to take reasonable care for their own safety and that of others, to cooperate with the employer, to report hazards, and not to misuse safety equipment.

8. Consultation Arrangements

Details of how employees are consulted on safety, health, and welfare matters, whether through a safety representative (appointed under Section 25) or other arrangements.

9. Welfare Provisions

Information on welfare facilities provided, including sanitation, drinking water, changing facilities, rest areas, and any other welfare measures.

The Role of a Competent Person

Section 18 of the 2005 Act requires every employer to appoint one or more "competent persons" to assist in securing the safety, health, and welfare of employees. A competent person is defined as someone who has sufficient training, experience, and knowledge appropriate to the work.

For many small and medium-sized businesses, the expertise required to carry out a comprehensive risk assessment and prepare a compliant safety statement is not available in-house. In these cases, engaging an external health and safety consultancy is both sensible and common.

However, it is critical to understand that the legal responsibility remains with the employer. You cannot outsource your statutory duty. The competent person — whether internal or external — assists you, but the obligation to implement and maintain the safety statement is yours.

When Must the Safety Statement Be Updated?

The safety statement is a living document. Section 20 requires it to be reviewed and, where necessary, amended when:

- There has been a significant change in the matters to which it refers (new equipment, new processes, new premises, change of use, restructuring) - There is another reason to believe it is no longer valid (e.g., following an accident, incident, or near miss) - A Health and Safety Authority (HSA) inspector directs that it be amended - New legislation, regulations, or codes of practice are introduced that affect the workplace - New employees are hired or roles change significantly

As a minimum, the safety statement should be reviewed annually, even if no specific trigger event has occurred. An annual review ensures that the document reflects the current state of the workplace and that any gradual changes have been captured.

Penalties for Non-Compliance

The penalties for failure to prepare or maintain a safety statement are set out in the 2005 Act and are severe:

- **Summary conviction** (District Court): Fine of up to **€3,000** per offence and/or up to **6 months' imprisonment** - **Conviction on indictment** (Circuit/High Court): Fine of up to **€3,000,000** per offence and/or up to **2 years' imprisonment**

The Health and Safety Authority (HSA) enforces the 2005 Act. HSA inspectors have powers to enter premises, inspect documents (including the safety statement), interview employees, and issue improvement notices, prohibition notices, or initiate prosecutions.

In practice, the HSA takes a proportionate approach, and prosecution is typically reserved for serious or persistent non-compliance. However, a HSA inspector visiting your premises will almost certainly ask to see your safety statement. If you cannot produce one, or if the one you produce is clearly generic, out of date, or inadequate, you face immediate enforcement action.

Beyond the HSA, your safety statement is relevant in the event of any workplace injury claim. The Personal Injuries Assessment Board (PIAB) process and subsequent litigation will scrutinise your safety documentation. A missing or inadequate safety statement significantly weakens your position.

Common Failings

Having reviewed thousands of safety statements over the years, the most common failings we encounter are:

- **Generic, template-based documents** that have not been tailored to the specific workplace - **No underlying risk assessment** — the safety statement exists, but the Section 19 risk assessment does not - **Failure to name responsible persons** or naming persons who have since left the organisation - **No evidence of review or update** — the document was written years ago and has not been touched since - **Employees unaware of its existence** — the legal requirement to bring it to employees' attention has not been met - **Missing emergency procedures** — or procedures that reference a different premises entirely - **No signature from senior management** — suggesting a lack of management commitment

Each of these is a compliance failure. Collectively, they indicate an organisation that is not managing workplace safety as the law requires.

Who Needs a Safety Statement?

Every employer. The 2005 Act applies to all employments and all places of work, with very limited exceptions (principally the Defence Forces in certain operational contexts and members of An Garda Siochana in certain circumstances). There is no exemption for small employers, sole traders with employees, charities, voluntary organisations, or any other category.

If you employ people, you need a safety statement.

Note: Employers with three or fewer employees may instead comply with a relevant Code of Practice published by the HSA for their sector, if one exists. However, the underlying obligation to identify hazards and assess risks still applies.

Phoenix STS Safety Statement Consultancy

[Phoenix STS](/safety-statements) provides safety statement consultancy services to employers across Ireland. Our approach is straightforward: we visit your premises, carry out a comprehensive risk assessment under Section 19, and prepare a safety statement that is specific to your organisation, your activities, and your risks.

We do not produce generic templates. Every safety statement we deliver is a bespoke document, grounded in a genuine assessment of your workplace. Our consultants are qualified health and safety professionals, and Phoenix STS is certified to ISO 9001 (quality management) and ISO 45001 (occupational health and safety management), ensuring a consistent, high-quality service.

We also provide ongoing review and update services, so your safety statement remains current as your business evolves.

The General Application Regulations 2007

The Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. 299/2007) supplement the 2005 Act by setting out specific requirements for managing particular workplace hazards.

The regulations address manual handling (requiring employers to assess tasks and implement measures to reduce injury risk), display screen equipment (requiring workstation assessments and provision of appropriate equipment, breaks, and eye tests), work at height (requiring hierarchy-of-control principles to prevent falls), noise (setting exposure limit values and action values, requiring audiometric surveillance where appropriate), and first aid (requiring appropriate equipment, facilities, and trained personnel).

Each of these areas must be addressed within the risk assessment that underpins the safety statement. A safety statement that does not address the relevant provisions of S.I. 299/2007 is likely to be found deficient during a Health and Safety Authority inspection.

Safety Representatives

Section 25 of the Safety, Health and Welfare at Work Act 2005 gives employees the right to select and appoint a safety representative from among their number.

A safety representative has the right to inspect the workplace at intervals agreed with the employer, or immediately following an accident or dangerous occurrence. They may investigate accidents and dangerous occurrences, receive information from the employer on matters relating to workplace safety, make representations to the employer on any aspect of health and safety, and accompany a Health and Safety Authority inspector during a workplace inspection.

Section 25 provides that an employee who acts as a safety representative cannot be penalised by the employer for performing that role. The safety statement should identify the safety representative by name (where one has been appointed) and outline the consultation arrangements in place.

The HSA Inspection Process

HSA inspectors have broad powers under the 2005 Act. They may enter any workplace at any reasonable time without prior notice. They may examine and investigate any aspect of workplace safety, require the production of documents including the safety statement and risk assessments, interview any person at the workplace, and take samples, photographs, and measurements.

Following the inspection, the inspector may issue an improvement notice (requiring the employer to remedy a contravention within a specified period, typically 14 to 30 days) or a prohibition notice (requiring immediate cessation of an activity that involves a risk of serious personal injury). Prohibition notices take effect immediately and non-compliance is a criminal offence.

Employers should ensure that their safety statement and associated documentation are readily accessible and up to date at all times, as an inspector may visit without advance warning.

Safety Statement vs Safety Management System

A safety statement is a specific legal document required under Section 20 of the 2005 Act. It is the legal minimum that every employer must produce. For employers with three or fewer employees, the Act provides that they may comply by following a relevant HSA Code of Practice if one exists for their sector, though the underlying duty of care remains.

A safety management system — such as one conforming to ISO 45001 (Occupational Health and Safety Management Systems) — is a broader organisational framework encompassing policy development, objective setting, operational planning, performance evaluation, internal auditing, management review, and continual improvement.

Many larger organisations benefit from implementing a formal safety management system. However, it does not replace the legal requirement for a safety statement. Even organisations with a certified ISO 45001 system must still maintain a safety statement meeting the specific requirements of Section 20. Conversely, many small and medium-sized businesses operate effectively with a well-prepared safety statement without full management system certification.

Frequently Asked Questions

**Q: Is a safety statement a legal requirement in Ireland?** A: Yes. Section 20 of the Safety, Health and Welfare at Work Act 2005 requires every employer to prepare a written safety statement based on a workplace risk assessment. There are no exceptions based on business size or sector.

**Q: What is the difference between a safety statement and a risk assessment?** A: The risk assessment (Section 19) identifies hazards and assesses risks. The safety statement (Section 20) is the broader document that incorporates the risk assessment findings and sets out the employer's overall plan for managing safety, including responsibilities, procedures, and controls.

**Q: Can I use a template safety statement?** A: A template can provide a useful starting structure, but it must be thoroughly adapted to your specific workplace, activities, and risks. A generic, unmodified template will not satisfy the legal requirement and is likely to fail inspection.

**Q: How often must I review my safety statement?** A: The law requires review whenever there is a significant change or reason to believe the statement is no longer valid. Best practice is to review at least annually, even if no specific trigger event has occurred.

**Q: What are the penalties for not having a safety statement?** A: On summary conviction, fines of up to €3,000 and/or up to six months' imprisonment. On conviction on indictment, fines of up to €3,000,000 and/or up to two years' imprisonment. The HSA can also issue improvement or prohibition notices.

**Q: Do I need a safety statement if I only have one employee?** A: Yes. The 2005 Act applies to all employers regardless of the number of employees. Employers with three or fewer employees may use a relevant HSA Code of Practice if one exists for their sector, but the risk assessment obligation still applies.

**Q: Who is a "competent person" under the 2005 Act?** A: A competent person is someone with sufficient training, experience, and knowledge to assist the employer in complying with health and safety legislation. This may be an internal employee or an external consultant. The legal duty remains with the employer regardless.

**Q: Can Phoenix STS prepare my safety statement?** A: Yes. Phoenix STS provides safety statement consultancy services nationwide. We carry out a site-specific risk assessment and prepare a bespoke safety statement tailored to your organisation. We are ISO 9001 and ISO 45001 certified. Contact us on 043 334 9611 or visit [phoenixsts.ie/contact-us](/contact-us).

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**Contact Phoenix STS** to discuss your safety statement requirements. Call us on **043 334 9611** or visit [phoenixsts.ie/contact-us](/contact-us).

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