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Facts: The applicant was a self-employed man who provided services of drilling and blasting to large contractors. As a result of Article 74(e) and Schedule 4 of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. 504/2006) as amended by the Safety, Health and Welfare at Work (Construction)(Amendment) (No.2) Regulations 2008 (S.I. 423/2008), it became a requirement for all construction shotfirers to hold a FÁS Constructions Skills Certification Scheme (‘CSCS’) registration card from the 6th July 2009. Similarly, Article 13(c) and Schedule 1 of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. 28/2008) required all quarry shotfirers to hold a FÁS Quarries Skills Certification Scheme (‘QSCS’) registration card from the 1st November 2009. In order to gain these registration cards, the first named respondent provided a number of courses and assessments which would result in an award of the relevant card upon completion.

The applicant has represented himself in relation to these proceedings generally, and when it was heard by me. He is a self-employed man who for more than 20 years has worked in the business of drilling and blasting, and has provided those services for large contractors on sites throughout this State. It is by its very nature a dangerous and highly skilled occupation. According to his grounding affidavit the work includes blasting on road infrastructure projects, but may also include tunnelling work as well as drilling and blasting at sea and in quarries.

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2020710 — ... MedTorque's Elmhurst, IL facility. This capability adds greater control over the process and improvements throughout production that ...

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By virtue of Article 13(c) and Schedule 1 of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 (S.I. 28/2008) all quarry shotfirers were required as and from 1st November 2009 to hold a FÁS Quarries Skills Certification Scheme ("QSCS") registration card.

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Held by Peart J that the grounds for the applicant”s concerns would have been known to him by November 2009 at the very latest when the relevant provisions of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 were enacted. Despite this, the applicant did not apply for leave to seek judicial review until a significant amount of time later, long after the expiry of the three month time limit which commences at the time the grounds for judicial review become known to the applicant and which was prescribed by Order 84 of the Rules of the Superior Court. It was further noted that the applicant had not provided any reason for this delay in commencing proceedings. Taking into account the fact the applicant was a self-litigant, it was nonetheless held that the delay was inexcusable.

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By virtue of Article 74(e) and Schedule 4 of the Safety, Health and Welfare at Work (Construction) Regulations 2006 ( S.I. 504/2006) as amended by Safety, Health and Welfare at Work (Construction)(Amendment) (No.2) Regulations 2008 ( S.I. 423/2008) all construction shotfirers were obliged as and from 6th July 2009 to hold a FÁS Constructions Skills Certification Scheme ("CSCS") registration card.

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It is surprising given the dangerous and skilled nature of this type of work involving the use of explosives that, according to the applicant's grounding affidavit, there were no regulations in place in this State until quite recently.

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Judicial Review – Health and safety - Drilling and blasting - Qualifications - Assessment - Authorised personnel - Breach of regulations - Validity - Safety, Health and Welfare at Work (Construction) Regulations 2006 - Safety, Health and Welfare at Work (Construction)(Amendment) (No.2) Regulations 2008 - Safety, Health and Welfare at Work (Quarries) Regulations 2008 - Rules of the Superior Court

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8850081 ; Insert Holding Method: Clamp ; Application: External Grooving|Internal Large Diameter Shallow Grooving ; Material: Carbide ; Coating Process: PVD ; Insert ...

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It was further held that it was also worth noting that if the application was granted, the rights of third parties would be affected i.e. the individuals who had secured their QSCS registration card through this process. This was a factor the court was entitled to take into account, even if good reason was given for the delay in bringing proceedings. It was finally held that the applicant did not have sufficient standing to seek the relief sought as he was already the holder of an unquestionably valid QSCS registration card which would not be affected by the outcome of the case. The fact that instructors without this registration card were able to supervise practical assessments undoubtedly created more competition, but this was held not to create a sufficient interest.

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One of the requirements of the Safety, Health and Welfare at Work (Quarries) Regulations 2008 was that the practical assessment for the attainment of a QSCS registration card be supervised by a person who already had a QSCS registration card. However, by the time the Regulations came into force, there was no such person in the state. As a result, the first named respondent decided that an instructor did not have to hold a QSCS registration card to provide the necessary supervision as long as the instructor was suitably experienced and qualified. The applicant gained a QSCS registration card in December 2010 but through a different procedure which was based on his prior experience. He subsequently made an application for leave to apply for judicial review on the 18th May 2012 seeking a declaration that any QSCS registration cards issued as a result of the first respondent”s assessments be declared void for non-compliance with the Regulations, specifically that the practical assessments were being conducted by unauthorised personnel. He had first raised his concerns with the first named respondent in June 2009, prior to the regulations being put in place.

3D Printing & CNC - 3d printer mill

Ionnickelformule

Symbolenickelen 2 lettres

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masse volumiquenickelkg/m3

MinerainickelNouvelle-Calédonie

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