ACT No. VII 0( I~ AN ACTlor lilt l'romOlion of Oa uPQtiono/ Health and SoltlY· BE IT ENAC I EO by the Presiden t , by and with the advice and cons.c: nt of the Ho use of Represent atives. in Ihis present Parli ament assembled, and by the au thority of the same, as fol1ows:- (appclhmim)

I I·senl.

CENsu TABONE

(L.S.)

President

1st March, 1994

ACT No. VII 0( I~

AN ACTlor lilt l'romOlion of Oa uPQtiono/ Health and SoltlY·

BE IT ENAC I EO by the Presiden t , by and with the advice and

cons.c: nt of the Ho use of Represent atives. in Ihis present Parli ament

assembled, and by the au thority of the same, as fol1ows:-

I . (1) This Act ma y be ciled as the Occupational Health and

Safcly (Promotion) Act, 1994.

(2) The following provisions o f this Act shall come: into force

o n such date lIS the Min ister may appoint by notice in the Gazette, and

different dates may be appoin ted for different proviSions.

(I) Da n I-A n iista' iisse.ija h I-At!

ta' 1-1994 gball-

Promoujoni tas-Sahh a u s-SigurtA fuq ix-Xogh ol.

(2) Id-<lispohi7..ljonijict li gejji n Ill' dan ,- A 11 ghlmtlhllm j iuhl u

ris-schh r d ik id-data li I-Ministru jisllI ' jistabbilixxi I>'avvii m· G azzetla.

u d ll li differenti jislghu jigu stabbili ti ghal d isposizzjo nijict differc nt i.

Z. (1) Il-harsien tils-sah ha u s-siguwi fuq ix-xoghol ghandu

jilqi cs la' interess pubbliku.

(2) (iI) Huwa d· dmi r ta" min ihaddcm lil ~i pcrslln~ uhra li

jitgu ra 1i I-post fejn isir i~-~oghol ikun hicles tninn sogri bla bzonn

ghas-sahha u minn pcrikli li jistghu jigu tvital i ghall-inkolumitll

fitika u psikologika t~l-ha dd icma.

Huwa d-dmir ukoll la' min ihaddcm li jiigura illi kull

(b)

process la·

I inrqabbad

.

-

minn kull sogru bla

"i I

. ~Yital ghall-

bionn

u rninn kull

~';,i~i

,

I

k 1I nI rallllr jcw sub-

I:Ma m-kat I ~ ' ~"gh,,1 mught, lil xi pcn.una li tim pje8a

liIhll n n ifish~_ kUnlr.lllur jt· w ~u h-kunlr~lIl1r . kif imse mmi hawn

fuq. mill ihaddcm ikun responsabhli bi ~ jckk ik un ipprovda

fati lil3jicl. inklut i ghOOd a. tagh mir. mod kif. pjanti jew post tax -

xoghol , jew I-uiu ta ' dawn i1-faCilitajiet u jkun jar li dawn il-

faa lil8jicI jew I·utu taghhom ordinarjamenl jippretenl8w sogru

jcw penklu ghas-Silhha jew siguna.

(t) Huwa dmir ta ' kull ruin jahdc m fuq post tu -xoghQIJi

jhares is-sahl'la u s-sigurtA tal-haddiem a l-ohm n-isless POSt , kif

ukolllieghu stess.

(d) HU W8 d-dmi r lal·Gvem li jar8 li jigu mha~ J-livelli

ta ' protczzjoni las-s81'1h3 u s-sigurlll fuq iX-)loghol , stabbilLti

b' regolamenti maghmula tah! dan I·An.

(3) Meta jilqicsu s-sogri 1.l 1-perikli msemmija fis-subarlikolu

pre~denli

ghandu jinghata rigward ghall.hticga inevilabhli I; jigu

esposli ghalihom dawk li jigu mpjega ti biex jikkonlrollaw ujikkumbattu

dllWk i~-sogri u periklL

(1) The protection of occupational healLh and safety is 10 be

considered of public illle resl .

(2) (a) 11 is the d utyofan employe r o f a ny person 10 ensure

thal the work place is free from un necessary ha Ulrds to health and

from avoi da ble dange rs to the physical and psychologica l int egri ty

of workers.

(b) It is a lso the dUly of an employer to ensure that any

wo rk proceS5 carried OU I on his o rder is free fro m un nc<:es.sury

haz.ards to health and from avoidable da ngers 10 the ph ysical and

psychological integrity of the wo rkers employed by him and of any

workers e mployed by I se lf-employed person , contractor o r sub-

cont racto r to whom the e mp loye r shall ha ve assigned any work

Prov ided thll t in the case: of work assigned to a se lf·

employed person, contracto r o r s ub-con tract o r as afo resa id , the

e mployer shall o nl y be liable if he has provided faci lities. including

tools, Cljuipmen t . kno whow , plans, o r place of work. tlr the use of

such facil it ies, and he is awa re thal such facilities. or the use

thereof, would ordi narily present a hazard o r danger to health or

safely.

(e) It is Ihe dUlY of every wo rker in a place of work to

safeguard Ihe health a nd safelY of ot her wo rkers as well 35 his own .

(d) It is the du tyofthe Government tOIlee th.t theleveb

of occupational healt h and safety protection established by

regula tio ns made unde r thi s Act are maintained.

(3) In a.ssessi ng the hazards and danaen referred to in the

foregoing subsection due regard shall be given to the inevitable

nel;essity of exposure thereto of the peoons emp&oyed 10 OOfttro] and

combat slIeh hazards and da nge rs.

J. (I) There shall be a Commission fo r the Promotion of

Occupa tional Health and Safety which sha ll consist of:-

(a)

a president, appointed by the President of Malta;

(b) the Director of Labou r and the Chief Government

Medical Office r, as vice-presidents;

(c) a representat ive of the Employment and Training

Corporation appointed by the said Corporation;

(d) a representative of Ihe Commiss ioner of Police

appointed by the said Commissioner;

(e) IWO persons appointed by the Ministe r to repersent the

interest of workers from amongst persons ind icated by Trade

U nions or orga nisations of Trade Unions; and

two persons appointed by the Ministe r to represe nt the

(r)

inte rest of e mploye" from amongst persons indicated by

organisations of employe".

(2) Five membc"shallconsistute a quorum . provided th ala t

least eithe r the preside nt or one of the two vice-presidents, a nd one of

the persons me ntioned in paragraph (e) and one of the persons

menti o ned in pllragra ph (C) of the foregoing subsection are present.

(3) The Ministe r shall appoint a person to act as Secretary of

th e Commission.

(4) The Preside nt of the Com mission s hall hold office for a

term of three yea" whi le the o ther membe" of the Co mm issio n shall

hold office for a te rm of one year. and the Presiden t and members of the

Commission may be reappointed at the end of th ei r respective term of

(5)

The Commission shall meet il tle1l5t OflCC il month.

(6) 1be Commission shall send, in the month of Jmuary of

every year. its repor1 for the pn:<ediogyeu to the Mioi$l:cl"5 responsible

for Labour and Heal th and tbis repon is to be laid on the table of tbe

House of Representatives by the Minister responsible for Labour within

one month .

(1) Ghandu jkun hemm Kum missjoni gball-Promozzjoni

tas-Sl,hha u s-Sigu rllI fuq il-Post tax-Xoghol u li tkun liHonsisli fi

(a) president, ma1'ltur mill-President la' Malta;

(b) id·Direnur tax-Xoghol u I-Tabib Prin~ipali tal-Gvern ,

b1'lala vlCi-presidenti;

(c) rapprezenla nt tal- Korporazzjoni la' Xogl'lol u Tal'lrig,

mal'llur milJ-istess Korporaujon i;

(d) ra?prei:enlanl ta l- Kummissarju taJ- Pulizija, ma1'llur mill-

istess Kummissarju

m~hturH

(e) i:ewg

persuni

mill-Ministru

biex

jirrapprezentaw I-intercssi tal-haddiema minn fost persuni indikat;

minn G1'Iaqdiel tal- MaddiemajewOrganizzaujonijiet ta- Gl'laqdiel

la' Hilddicma: u

(r) iewg

persuni

mal'ltu ra

milH.,1inistru

biex

jirrapprezentaw I-interessi ta' min ihaddem, minn fost persuni

indikati minn organil'faZ1jonijiet ta' min ihaddem .

(2) " ames persuni jikk ostitwi.u:u quorum , b'dana iIIi la' 1-

inqas jew il-presidenljcw wiehed mit-zcwg via-presidenti u ""81'1da mill-

pers uni msemmijs fiI ' paragrafu (c) u wal'lda mill-persu ni mStmmija fiI -

paragrafu (r) fis-subartikolu ta' qabel dan iku n preienti.

(3) II,Ministru gl'landu jal'ltar persuna biex tagixxi bhaJa

Segrctarju tal-Kummissjon i.

(4) lI-Prcsidcnt ta l-Kummissjoni ghandu jokkupa I-kariga

ghal perijodu ta' tliet sllill, filwaqt li l-membri l-ohra tal, Kummissjoni

jokkupaw il-briga gl'lal sena , u I-President u I-mc mbri tal-Kummissjoni

jistgl'lu jigu mahtura mill-gdid wara li jintcmm iI-perijodu rispcniv lal-

hatra taghhom.

(5)

II-KummiM,ioni ghaAdha tiltaqa ' mill-inqas darba fix-

llahar.

(6) II. Kum missjoni gllandha libgha •. fix-Kahn ta' Jannar la'

kull senl, if-rapport laghha ghas-se na prcCedenti , liIl-MiniSlri

responsabbli ghax-Xoghol u gha5-Sahha. u dan if-rapport ghandu

jitqieghed ruq il-mejda ud-Kamra tad-Deputllti mill-Ministru

respoosabbli gllax-Xoghol fi tmien xahar.

(1) The Commission shall have consultative . informative and

quasi-judical function s.

(2) The Commission shall formulate and publish Codes of

Practice, aimed al promotin g a high level of safeguard of health and

safety aco>rdi ng to the different categories of work places.

(3) The Comm ission shall propose I() the Minister those

regulations which it deems should be in (orce so as 10 protect

occupational health and safety. and different regul ations may be

proposed for different categortes of work plltCe5.

(4) 1be Commission shall take the necessary measures so

tbat all possible informatioo be given at work places, also during

apprenticeship or uaining, and 10 the public in general with regard 10

matters of occupational bea1tb aod safety.

(5) The Commission shall promote scie ntirlC research ili med

at better methods of prevention of oocupational disease , injury o r

dea th.

(6) T he Commissio n. th roug h its Judicial Co mmittee se t up

in le nnsof section 5, sha ll hear and decide upon appeals lodged in tenns

of seaion 13 against orders issued by inspectors appoin ted under this

Act.

(7) The Com mission shall have the duty to advise the

Ministers responsible fo r Labou r and for Health wit h regard to all

mall e rs of accupational health a nd safe ty.

(8) The Com m i~ion may be e ntrusted by the Min;Mers

responsible for Labour o r for Hea lth with ot he r functions concerning

occupational he alth a nd safety.

(9) In the e xercise of its functions under this Acl. the

Commission may set up sub-commi tt ccs to deal wit h particul ar areas of

compete nce and it may co-opt o n such sub-committces from o ut side its

membersh ip compet ent persons who. in the o pin io n of lhe Commission.

have a professional or expe rt knowledge on a ny matter dealt wi th under

this Act, provide d that when in a sub-commi ttee a decision is taken by

vote the co·o pted me mbers shllll nOl VOl e.

S. (I) The Commission shall appoint a Judicial Committee to

hear and decide upon appeals from decisions o f inspectors a ppointed

under th is Act.

(2) The Judici HI Commin« ~hilll be composed uf the

President of the Commissio n who shall be l.r:>(}/ficio President of the

Judi cial Co mm ittee a nd fo ur ot he r membe rs of the Comm ission

Pro vided tha t onc member s hall be appointed from the

me mbers appoin ted ;n tenns of paragraph (e) of subsection ( I) of

section 3 and another membe r from the me mbers appointed in terms of

paragraph (I) of subsectio n ( I) of the suid section

Provided also that when the President of the Judicial

Comminee abstai ns from the hea.ring of any appeal , the Commission

shall appoint one of its vice.presidents to preside ove r the Judicial

Comminee for the hearing of thal appeal

Provided furthe r thm whcn 11 member of the Judicial

Commin ee abstains from the hearing of any appeal. the Commission

shall appoint another membe r for the heari ng of that appea.l.

(3) The members appoi ntcd on the Judicial Comm in ee shall

con tinue to bold thisofrlCC unlilt he termination of theirpcriod of offICe

on the Commission .

(4) The Ministe r shall appoint an Advocate o r a Legal

Procura to r 10 act as Secre tary of the Judicial Commi ttec for a period of

three years, which pe riod may be renewed .

(S) (a) Saving the provisions of SlIb·seC1ion (3) of section

I S, the JlIdicial Comm inee shall hold its siuings in pllblic and.

subject 10 any regulations made under SttIion 16. m all conduct

maners accord ing 10 the genenl rules of procedure .

(b) The Judicial Comminee shall have the righlto see k

expert advice as it may deem fit .

(c) The Presiden t of the Judicial Committee shall have

the right to administer the oath and examine witnesses.

(d) The decisions of the JudK:ial Comminee shall be in

writing a nd shall be read out in public, be deemed fina l and

conclusive and shall IIOt be subject 10 revkw by the ordinary couns

except on points of law o r of natural justicc.

(I) The Ministe r is bound to cons ult formally the

Commission before making regulations as provided in seC1ion 16

Provided that the Ministe r may set a reasonable time which

shall not be less than five days fo r the rec:eipt of advice on proposed

regulations , and if the Commission does nol give ilS advice within that

time be may proceed to publish those regulations

Provided further th at the Ministe r may. when he deems the

malle r urge nl . give notice Ihe reof 10 the Commission . and in default of

the giving of advice within twO days, he may proceed 10 publish those

regula ti o ns.

(2) When the Ministe r reccivCll expert advice on malle~ of

occupaliona l he alth and safety fromoulSide Ihe Department of Labour ,

he shall pass tha t advice to Ihe Commission for considc rat ion.

(1)

Without prejudice 10 the provisions of the preceding

section . the Ministe r shall. when making regu lations, exercise his own

discre tion with regard to the best way to safeg uard occupatio nal health

and safely . bU I when there exisl.S s ul:l!ilantial divergence from the

opinion of the Commission. he shall slate in writing 10 the Comm issio n

the reasons fo r his decision within three weeks from the publication of

the regulations.

(2)

When a Code of Pract ice does not conform with

reg uhuion s made under Ihis Act. th e regulations shall pre vai l.

( I)

11 shall be th e duly in general olan employer to ensure

Ihat all reasonable measures a nd precll utions have been takcn:-

(a) to render every place of work under his control, free from

illI dangers to heal th and safety. so far as reasonably pnctical;

(b) so that the work environment in work places under his

control is reasonably favourable to health and free from avoidable

physical or psychological slres.~;

(c) to preve nt industrial accidents. injuries and disease;

(d) to provide facilities at the place of work for first aid in

case of accident or injury; and

(e) inform every worker therei n about the dangers to health

and safety in the work place and about the best methods of

prevention.

(2) It shall also be the dut y of an cmployer:-

(a) to inform. in such mode or ma nner II.S may be prescribed,

the Director of Labo ur or any person mentioned in Ihis Act or in

regul ations or orders made under this Act of any industrial accident

or injury, or of any work-connected disease, al a place of work

under his control; and

(b) 10 keep a record, in such manner as may be prescribed ,of

all industrial accidents occurring at such place of work.

Unless otherwise prescribed , it shall be the responsibilityof the

Director of La bo ur:-

(a) 10 apply the provisions of this Act and of any regula tions

or orders made there under;

(b) 10 carry OU I, di rectly or through

others, any

in vesti gations as he may deem fi t:-

(i) on levels of heal th or SlIfety actu all y being observed

or eKpected 10 be observed or on the precautions taken Of

expected 10 be taken for preve nting any accident, inju ry or

disease at Hn y particular place of work or at any clllegory of

places of work o r UI places of work in ge neral;

(ii) On any other matte r connected with health or Sllfety

at any place of work or places of work in general;

(iil) in order 10 establish the ca use of any indusnial

acciden t . injury or disease; and

(iv)

on any maller conn ected with the impicmentation

and cnror~ mc"l of the provisions of Ihis Act or of any

regulations or an)' orders made thereunder.

(I) The Ministe r shall appoin l ins~lOrs for lhe gene ral 1_ .....

implementation and enforcement or l his A CI or of any regul ations mude

the reunde r. as well as for performing such W(l rk or assum ing such

responsi bi lities 8 ) may be prescribed.

(2)

Inspectors shall have the following powers: -

(8) 10 enter freely and without previous notice. at all

reasonable limes. any work place

(b) to questio n, alone or in the presence of witnesses,

indudinJt the person, if such is the case , pUlling forward the

romplainl . any e mploye r o r worke r , including any person acting on

be halr o f any e mplo ye r o r ca rrying o ut wo rk for him , o n a ny o f the

matters falling under this Act o r under any regula tio ns made

there u nder;

(c) to inspect any dixumcn t thC' keeping of which is

prescribed by this Act or by any rcgulations made the'rcunde r. o r

any document wh ich may thro w light with regard to occupat ional

health a nd safety a t any particular place of work ;

(d ) tu tak e posscS$ioll. upon rece ipt thcrdo r. uf any o bjec t

required for tests or evide nce: o f any occupational accident . inju ry

o r d isease

(e) to uam;nc or seC' 10 the C'.lamination of plaCC'S of work

and o f any object the rei n. and to take s.amples of materials for

ex.a minatio n . for the pu rpose o f protect ing occu patio nal heal th a nd

s.afely

(I)

tu order that nothing be disturbed at a place of wo rk for

~ny period which is reasonabl y re4uired fo r the purpo!>C of any

e xa min atio n. in\'es tigation o r inspectio n referred 10 in the

fo regoing paragraphs

(a) to requi re the oper,d ion or the' se lling in motion o f any

e quipme nt . machine. device: , thin g o r process as we ll as the

ope ralion of any system o r procedure wh ich in their opinion ma y be

relevanl to a ny exam in at ion , in vestiga tion o r inspectio n referred to

in pa ragraphs (a) to (e) ; and

(h)

to re4u;rc any employer 10 provide li t his expensc;-

(i) a certificate signed by an archi tect and civil enginee r.

re la t ing 10 the safety o f a ny building o r structure . inculding any

te mporary struct ures;

<ii) a certifICate signed by a mechanical or electrical

e nginee r having a warrant 10 practise his profession regarding

the safety of any mechanical or eJearicaJ installa tion as the

ellse m3Y bc, in cluding a ny te mporary installation;

(iii) a medical certificate relating to the occupational

health of any wor~cr or any class of workcTll;

(IV) any information relative to occupational health and

safe ty. including information which refen 10 protective

measures.

(3) An inspector shall be iss ued with an identification

document signed by Ihe Diretlor of Labour and such document shall be

produced at the lime of any eumination, investigation or inspection .

(4) Notw it hstandin g the provisions of this section. 3 11

employer may nOI be requi red to produce any medical cc: nificate or

record of a medical nature relating to any person unless

<i) that person gives his oonsent to the production of such

document; or

<ii)

the document is produced to a medical office r.

(5) An inspector shall not en ter a place of work which is at

the time used as a dwellin g house without the oonsellt of the occupier. or

unless he is accompallicd by a police officer not below the rank of

Inspector.

11 . An inspector m~y give an order. ve rball y or in wrl tmg. to

safeguard occupational health or safety. and every person shall obey

suc h order forthwith

Provided that the person who receives the order. whe ther

worker or employer. ma y defend himse lf from the charge of having

disobeyed the order if he proves that oomplia nce with the order wo uld

have been of immed iate detriment to occupa tio nal health and safety

Provided funher that any order given verhally shall be

co nfirmed in writing and se rved upon the person to wh om it was given

within three days.

( I) An inspector may order tha t a place of work or pan of a

place of work be barred .

(2) When a place of work or part thereof is barred. no person

shall enter the barred area without the inspector's permissio n.

(3) Provided th at an inspector may also .:l rder that a place of

work o r pan thereof so barred, be re-opened for access.

(I) Any perso n, whether wUrker, em ployc ror third person .

who del; ms himself aggrieved by an orde r give n by an inspector, may

appealtherefrom to the Co mmission.

(a) Appeals by workers o r employe rs shall be lodged within

three working days from the day of service of the order in writing.

(b) Appeals by third persons shall be lodged within th ree

working days from the day when the relative order comes to the

notice of the third person,

(2) The a ppeal is to be lodged in writing and served upon the

Secretary of the Commissio n.

(3) The Commissio n shall forthwith refe r all appeals

received to the Judicial Committee.

(4) The Judici al Committee s hHIl hellT the appellant. the

inspector and any witnesses produced. The Direaor of Labou r ma y

intervene in any appeal and make his own submissions and produce

witnesses.

(5) The Jud icial Committee may allow or reject the appeal

and may also amend in pan 'or alle r comple tely an order given by an

inspeaor.

(I)

Inspecto rs shall be deeme d to be public officers.

(2) No person s hall molest o r disturb inspectors in the

performance of their duties o r bre ~k or tamper wi th any se~1 made. or

with any monitoring equipmen t installed. put up o r left by them in a

place of work.

IS. (1) All informa tion which is passed 10 o r received by an s.. . . ,,'<)

inspecto r o r an official of the Commission in the performance of thei r ""',~ .. ;.",.

duties and functions under this Act shall be deemed to have been given

and received unde r the obligat ion of secrecy a nd to be disclosed o nl y to

the Commission

Provided that wh a t is refe rred to thi rd pe rsons fo r purposes of

investigation o r scientific testing , as well as fo r official statistical

purposes, s hall not be deemed to breach the obligation of secrecy.

The Commissio n. in the fulfilment of ilS function shall

(2)

strive to safeguard the rights to intellccltlitl property and business

secrecy. and it shall ensure. as far as compatible wi th its primary

function. that information which may infringe these rights is not

divulged.

(3) Wh e re the Commission o r Rny of its subcommillees. or

the Judiciill Committee. is of the opi ni on th at the holdin g of any silling

in public would prej udi ce the righ ts of any person to intellectual

property or busi ness secrecy. che Commission or subcommittee or

Judicial Comm ittee, as the ~sc may be , shall ho ld the sitti ng with closed

doors.

Without prejud ice to the powers conferred by the foregoing

provisions o f thi s Act, and subject to the provisions of secti on 6. the

Mi niste r may make regulations for safeguarding oc<:upatio nal healt h

and safet)'. for determi ning the precautions 10 be take n for th is purpose

and generally ror the purpose of carrying into operat ion any of the

provisions of this Act, and in pan icular bUI without prejudice 10 the

ge nerality of the foregoing. th e Minister may make regul al ions:-

esta blishin g the proced ure to be followed by the

(a)

Commission . its subcommiuees and the Judici al Comm inee;

(b) prescribing anything th at is required or authorised by Ih is

Act to be prcscribcd~

(I) Any person who acts in con lra~c nt ion of the provisions

of sections H, ll, 12 and 14 or in con trave ntion of any of the provisions of

any regulations made under this Act . and any person who co nspires or

anemplS. or aids. abets. cou nsels or procures any other person. to

contrave ne the provisions aforeme ntioned shall be guilty of an offence

against th is Act.

(2) Any pl!l"Son whu com mits .m offe nce agai nst th is Act

shall. on conviction. be liable 10 impriso nment for a period of nOI more

than lWO years or to a fine (mulw) of not more than two thousand

Mallesc liri. or to bOlh such fine and imprisonment : and moreover the

coun may . at the request of the prosecution. ca ncel all o r specific

licences, warrants or permi ts issued to o r in the name of the person

fou nd guilty in co nnection with the place of work where th e offence was

committed,

(3) Notwi thsta nding the prOVIsions of section 370 of the

Criminal Code. proceedings for an offence aga inst this Act shall be

tak en befo re:: the Coun of Magistra tes (Malta) o r the Coun of

~hgislra l es (GO:lO), as the caSt' may be . and shall be in accord'lIlee with

the provisions of the Criminal Code regu lating the procedure before lhe

said court s as cou rts of crim ina l judicature .

(4) In any proceedings referred to in the fo regoing

subseClion it shall be lawful for the Direetor of Labour. or for any officer

of his Department or any inspector deputed by the said Directo r, to

e:lamine or cross-e:la mine ... itnesses. produce evidence. m"ke

submissions in suppon of the charge and ge nerally conduct the

prosecut ion o n beha lf of the police . and the sworn sta tement of the

officer or inspecto r tha t he has been deputed by the Director of La bour

for Ihat purpose shall be co nclusive evidence of thill fact.

(5) Not ... ilhstanding the provbion~ uf the foregoing

sub$ectio n Ihe Director of Labour and the office r or inspector depu ted

by him may be prod uced as willlesses but should the ir evidence be

required as part of the case for the prosecution they shall he hl'a rd

before they co mm ence \0 ae! as provided in Subsect ion (4) unl ess Ihe

necessity of th eir evidence arises subsequentl y.

(6)

Notwi th stand ing the provisions of the Criminal Code,

the Attorney General shall always have ~ righl of appeal 10 the Court of

Criminal Appeal from any judgement given by the Court of Magistrates

(Malta) or the Court of MagiSlrales(Go:w) in respect of proceedings for

any o ffence: against this Act.

( I) The FaclOries Ordinance is hereby repealed.

(2) Any regu lati ons made under the Factories Ordi nance

shall. until OIher proviso n is made under or by virt ue of this Act.

con tinue in force and lIave effect as if made under this Act and,

notwithsta ndin g anything contained in those regul at ions and in th e

Factories Ordinance with rega rd to ofrcrn:cs. punishments and criminal

proceedings, the provisions of subsections (2) 10 (6) of sc!;:tion 17 of Ihis

Act shall, mutatis mutandis, apply 10 those regulations.

In this Act. unless the context otherwise requires:-

MCommission" means the Commission established by section 3;

means the person for whom work or service is

-e mploye r ~

performed by a worker and

(a) in relation to a commercial. ind ustrial . agricultural

or other enterprise. indudl:S the directors. m an ag(.'~,

partnen;, owners or any othe r person responsible for the

management and di rection thereof as well as the persons

aC1 uall y possessing, OCQIpying or de faCiO in charge of such

entities;

(b) in relation to all other organisations including

volu ntary ones or any other form of employment under a

oontract of service includes any of the persons in overall

direction and day 10 day management

in relation to work perfomled under a conlraet for

(c)

services means the contractor or subcontractor but shall oot

include the di rectors, managers. partoersor owners, occupiers

or possessors or the person or persons de faCIO in cha rge.

except to such extent as regards any too ls. materials or

equipment provided by them with regard to any defects

thereof or the rein known and oat decla red and could have

been known;

-inspector- means an inspector appointed under section 10

"Judicial Committee·' means Ihe Committee established by

section 5;

··Ministe(' means the Mi nister responsible for IJbour

-prescribed- means prescribed by regulations made unde r Ihis

Act;

"worker" mea ns any person who perform s ph)'5ical or

intellectual work for . o r provid es service IQ, another person under

a con tract of service , and includes an outworke r. a self-e mployed

person, an apprentice and a trainee;

"work placc" and "place of wo rk" mean a ny place in Malt H

wherein a worker performs or provides service for an em ploye r,

and without prejudice 10 the general it y of the foregoing. include a

fac lOry. shop. office . ya rd , quarry. mine. building site. st ructure.

road , field , farm , dock, vehicle, aircraft or vessel and include

any aircraft or vessel registered in Malta or licensed tooperale (rom

Malta.

Passed by the Houseof Represcnt3tives at Sitting No. 234 of23rd February. 1994.

L AWRENCE GONZl

Spt!ak~r

RI CHARD J. CAUCHI

Clerk /0 Ihe House of Repratlllalives.

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