S.I. No. 171/1981:

CONDITIONS OF EMPLOYMENT (LABORATORY ANALYSIS) (EXCLUSION) REGULATIONS, 1981.

CONDITIONS OF EMPLOYMENT (LABORATORY ANALYSIS) (EXCLUSION) REGULATIONS, 1981.

I, TOM NOLAN, Minister for Labour, in exercise of the powers conferred on me by sections 29 and 52 of the Conditions of Employment Act, 1936 (No. 2 of 1936), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), and after consultation with representatives of employers interested in the form of industrial work specified in these Regulations and with representatives of workers so interested, hereby make the following Regulations:

1. These Regulations may be cited as the Conditions of Employment (Laboratory Analysis) (Exclusion) Regulations, 1981.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. The following form of industrial work, namely, the Laboratory analysis of materials as carried at premises of Merck Sharp and Dohme (Ireland) Limited, Ballydine, Kilsheelan, Clonmel, in the county of Tipperary, when so carried on by adult workers holding responsible positions of a managerial or technical character, is hereby declared to be excluded industrial work for the purposes of sections 33 , 34 and 46 of the Conditions of Employment Act, 1936 (No. 2 of 1936).

4. The following provisions shall have effect in respect of the work to which these Regulations relate:

( a ) no shift shall be longer than twelve hours in duration;

( b ) no worker shall work on a shift unless at least twelve hours have elapsed since he last worked a shift;

( c ) no worker shall work for so many hours that the average number of hours per week worked in any four consecutive weeks would exceed forty two;

( d ) each worker shall be allowed in each shift at least;

(i) one fifteen minute break to be taken during the first four hours of work,

(ii) one thirty minute break to be taken after five hours of work, and

(iii) one fifteen minute break to be taken during the last four hours of work.

GIVEN under my official seal, this 29th day of April, 1981.

TOM NOLAN,

Minister for Labour.

EXPLANATORY NOTE.

Sections 33 and 34 of the Conditions of Employment Act, 1936 prohibit the employment of adult workers on shifts of longer than nine hours duration. Section 46 of the Act provides that adult female workers may not be employed between the hours of 10 p.m. on any day and 8 a.m. the following day.

The effect of these Regulations is to remove these restrictions in the case of adult workers holding responsible positions of a managerial or technical character and to permit their employment on twelve hour shifts between the hours of 8.30 on one day and 8.30 a.m. on the following day on the laboratory analysis of material as carried on at the premises of Merck Sharp and Dohme (Ireland) Limited, Ballydine, Kilsheelan, Clonmel, Co. Tipperary.