ACT No. XXXIII of 2024 AN ACT to provide for the regulation of matters relating to health and safety at work and particularly the promotion and safeguard of the health and safety of workers at work, and to provide for matters emanating from, connected with or ancillary thereto.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

9th August, 2024

ACT No. XXXIII of 2024

AN ACT to provide for the regulation of matters relating to health

and safety at work and particularly the promotion and safeguard of the

health and safety of workers at work, and to provide for matters

emanating from, connected with or ancillary thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

PART I

Preliminary

(1) The short title of this Act is the Health and Safety at

Work Act, 2024.

commencement.

(2) The scope of this Act is the promotion and safeguard of the

health and safety of workers at work.

(3) This Act shall come into force on such date as the Minister

responsible for health and safety at work may by notice in the Gazette

establish and different dates may be so established for different

provisions and, or different purposes of this Act.

In this Act, unless the context otherwise requires

"Authority" means the Occupational Health and Safety

Authority as established by article 4;

"administrative instrument" means such instruments in

accordance with article 17 which are required to discharge the

Authority’s functions and shall include any order, directive,

protocol, guideline, explanatory memorandum, information

circular, including notices, or other publication issued by the

Authority;

"Board" means the Governing Board regulated in

accordance with articles 4, 7 and 8;

"Chief Executive" means the Chief Executive Officer

appointed under article 9;

"client" means any natural or legal person for whom a

project is carried out;

"Code of Practice" means a standard, specification or any

other written or illustrated form of practical guidance, instruction

or control;

"competent person" means a person possessing

adequatequalifications and minimum accreditations in terms of

law or where required, as established by the Authority through

administrative instruments, suitable training and sufficient

knowledge, experience and skill for the safe performance of the

specific task or work required, and who provides advice with

regard to the health and safety at work preventive and protective

measures required to be taken, and whose name appears in the

competent person register administered or otherwise delegated

by the Authority in relation to such matters which are regulated

by the Authority;

"constituted bodies" means any body which is established

to represent the interests of its members such as workers or

employers and shall include any body recognised under the

Malta Council for Economic and Social Development Act and Cap. 431.

other bodies of a similar nature which are recognised under any

other law;

"disciplined force" shall have the same meaning as

assigned to it in article 47 of the Constitution and shall include

the Civil Protection Department established by the Civil Cap. 411.

Protection Act;

"duty holder" means any person who has a duty or

obligation to fulfill and, or the responsibility to ensure that a duty

or an obligation is fulfilled by virtue of any requirement of this Act

or of subsidiary legislation, and shall include as the case may be,

an employer, a self-employed person, a worker, a client, a project

supervisor for health and safety matters, a manager who is

responsible for workers, a supervisor who is responsible for

workers, an HSRO and any other person to whom this Act or any

subsidiary legislation made thereunder assigns a duty or

responsibility;

"employer" means any person for whom work or a service

is performed by a worker or other person who has an

employment relationship with a worker, and includes a

contractor or subcontractor who performs work or provides a

service or undertakes to perform any work or to supply services,

and

(a) in relation to work performed under a contract

for services means the contractor or subcontractor, but

shall not include the directors, managers, partners or

owners, occupiers or possessors on behalf of whom work is

being carried out, except as regards any of the tools,

materials or equipment provided by them with regard to

any defects thereof or therein which are known and not

declared or which could have been known;

(b) in respect of all other organisations including

voluntary ones or in respect of any other form of

employment under a contract of service, includes any of

the persons in overall direction or having day-to-day

management;

"Executive" means the Health and Safety Executive

regulated in accordance with articles 4 and 9;

"financial year" means any period of twelve (12) months

ending on the 31 st December as determined from time to time by

virtue of administrative instruments

Provided that the financial year which commences on

a date after the 1st January shall be extended for such period so

as to terminate on the subsequent 31st December;

"HSRO" means the Health and Safety Reporting Officer

appointed in accordance with article 12(8) and who is a high-

ranking employee at management level, or such other person

which an employer may appoint, as may be established by

regulations issued in terms of this Act;

"Minister" means the Minister responsible for health and

safety at work;

"officer" means a health and safety at work officer

appointed in accordance with article 18 and who is in possession

of a certificate of appointment issued according to the provisions

of the said article;

"person" includes a body of persons and any body

corporate established by or under any law;

"public officer" in relation to article 21 shall have the same

meaning assigned to it by article 124 of the Constitution but does

not include the Chief Justice, a judge of the Superior Courts or a

magistrate of the Inferior Courts;

"self-employed person" means a person who works for

profit or gain other than under a contract of employment;

"Tribunal" means the Health and Safety Tribunal as

established by article 23;

"work" means any duty, activity, task or service producing

a product or result, carried out by a worker or self-employed

person and being performed for payment or for free or in

exchange for goods, for services, for profit or for benefit;

"worker" means any person employed by an employer to

perform work, or who provides a service to another person under

a contract of service or for service, whether such contract is in

writing or otherwise, and includes a trainee, an apprentice, a

volunteer, who were it not for the lack of remuneration, would

essentially be undertaking responsibilities akin to those of a paid

employee and a self-employed person, but shall not include the

crew of a ship or an aircraft registered in Malta or any other

person employed thereon as part of the ship or aircraft’s

complement;

"workers’ health and safety representative" means a person

elected, chosen or designated, as prescribed in regulations, to

represent workers on all matters relating to the promotion and

protection of their health or safety at work;

"workplace" means any premises, place, facility, vehicle,

vessel or seacraft or any other movable or immovable or

location, whether public or private, where work is carried out or

to which the worker has access in the course of his employment,

and without prejudice to the generality of the foregoing, shall

include a vehicle or vessel or any other seacraft where such

vessel or seacraft is within a port in Malta or the internal or

territorial waters thereof, or at any dockyard, harbour or other

similar installation in Malta, other than a warship belonging to a

foreign state.

This Act shall apply to all workplaces and to all sectors of

work activity, both public and private, and to all work activities,

including those carried out by self-employed persons but shall not

apply to those specific activities carried out by members of a

disciplined force or a civil protection service, having characteristics

particular to an activity by the disciplined force inevitably conflicting

with this Act, including activities relating to civil emergencies, public

order, national security or operations by the military

Provided that with regard to the exclusions mentioned in the

previous paragraph, the health and safety of the workers concerned

shall be protected for the purposes of the scope of this Act

Provided further that the phrase "operations by the military"

shall exclude any action antecedent to the operation.

PART II

Establishment, Functions and Conduct of the Authority

(1) There shall be established an Authority which shall

consist of a Board and the Executive.

(2) The Authority shall be responsible for promoting health and

safety at work as defined in the Act and to ensure, within the limits of

its responsibilities as prescribed in this Act, that duty holders fulfil

their obligations at law.

(3) The Authority shall be a body corporate having a distinct

legal personality and subject to the provisions of this Act, shall be

capable of entering into contracts, of acquiring, holding and disposing

of any kind of property for the purposes of its functions, of suing and

being sued, and shall be empowered to do all such things and enter into

all such transactions as are incidental or conducive to the exercise or

performance of its functions under this Act.

(4) The legal and judicial representation of the Authority shall be

vested in the Chief Executive

Provided that the Chief Executive may appoint any one (1) or

more of the employees of the Authority to appear in the name and on

behalf of the Authority in any proceedings and in any act, contract,

instrument, or other document whatsoever.

(5) The Board shall be composed of the following nine (9)

members

(a)

a Chairperson appointed by the Minister;

(b)

the Director of Industrial and Employment Relations;

(c) a person appointed by the Minister with competence in

health and, or safety at work or who has been listed in the register

of competent persons;

(d)

a person appointed by the Minister responsible for

health;

(e) a person appointed by the Minister responsible for

economic affairs;

(f) two (2) members appointed by the Minister to

represent the interests of workers, following consultation with

the said body or bodies as the Minister may, from time to time,

consider to be the principal representatives of workers;

(g) two (2) members appointed by the Minister to

represent the interests of employers, following consultation with

the said body or bodies as the Minister may, from time to time,

consider to be the principal representatives of employers.

(6) The Minister shall appoint a person to be the secretary of the

Board as well as any one (1) of its members as a Deputy Chairperson

who shall exercise the duties of the Chairperson in the case that the

Chairperson is unable to attend to his duties for whatever reason.

(7) The Chairperson and the other members of the Board shall

hold office for a period of two (2) years, but the members so appointed

may be reappointed on the expiration of any of their term of office

Provided that if a member is appointed at any time after the

other members have already been appointed, the term of appointment

of the said member shall end on the same date as that of the other

members.

(8) A person shall not be qualified to hold office as a member of

the Board, if that person

(a)

is a Minister or a Parliamentary Secretary;

(b)

is legally incapacitated;

(c) has been declared bankrupt or has made a

composition or arrangement with his creditors;

(d) has been convicted of a crime affecting public trust,

theft or fraud, or knowingly receiving property obtained by theft

or fraud, or of any offence under this Act; or

(e) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of the functions as

a member of the Board

Provided that the disqualification of a person under this

paragraph may be waived by the Minister if the interest is declared and

the declaration is published in the Gazette.

(9) Subject to the provisions of this article, the office of a member

of the Board shall become vacant at the expiration of the term of

office.

(10) A member of the Board may be removed from office by the

Minister if, in the opinion of the Minister, the said member is unfit to

continue in office or has become incapable of properly performing the

duties as a member.

(11) If a member resigns or if the office of a member of the Board

is otherwise vacant or if a member is for any reason unable to perform

the functions of the office, the Minister may appoint a person who is

qualified to be appointed as a temporary member of the Authority and

any person so appointed shall, subject to the provisions of sub-articles

(5) and (6), cease to be a member when a person has been appointed to

occupy the vacancy or, as the case may be, when the member who was

unable to perform the functions of the office resumes such functions.

(12) Any member of the Board who has any direct or indirect

interest in any contract made or proposed to be made by the Authority,

not being an interest which disqualifies such member from remaining a

member, shall disclose the nature of the interest at the first meeting of

the Board after the relevant facts have come to such member ’s

knowledge. The said disclosure shall then be recorded in the minutes

of the meeting and the member having an interest as aforesaid shall

withdraw from any meetings at which such contract is discussed. Any

such disclosure shall be communicated to the Minister without delay

Provided that where the interest of the member is such as to

disqualify that member from remaining a member, he shall report the

fact immediately to the Minister and tender his resignation.

(13) The appointment of any person as a member of the Board and

the termination of office or resignation of any such person, as well as

any additional functions assigned to the Board by the Minister shall be

notified in the Gazette and it shall have immediate effect

Provided that failure to publish the appointment or

termination of office, as the case may be, shall have no effect on the

validity of the said appointment or termination.

(14) The Chairperson and the members of the Board shall be

remunerated as the Minister may determine, from time to time.

(1) The protection of health and safety at work shall be Declaration of

principles.

considered of public interest.

(2) The Authority shall be responsible for ensuring that the

physical, psychological and social wellbeing of all workers in all

workplaces is promoted and to ensure that it is safeguarded by

whoever is so obliged to do.

It shall be the duty of the Authority to ensure that the levels of General duties.

protection with regard to health and safety at work established by this

Act and by regulations made thereunder are maintained.

(1) The Board shall be responsible for ensuring that the Provisions

Executive carries out its duties to a high level and shall oversee that related

Board.

the Executive implements health and safety at work initiatives as

prescribed in the Act and in regulations made thereunder.

(2) The Board shall review and oversee that the Executive

reaches the targets set out for the Authority by the Minister or which

the Executive itself proposes in relation to the various duties of the

Authority under this Act.

(3) The Board shall review the Authority’s budgets, management

accounts, internal procedures, human resource plans and the financial

audits.

(4) The Board shall approve and adopt the Authority’s estimates

of its income and expenditure for the subsequent year.

(5)

The Board shall also have the following functions

(a) recommend strategies by which the general national

policy relating to health and safety at work, indicated to the

Authority by the Minister, may be implemented;

(b) advise the Minister regarding the drafting of policies

and regulations to promote, maintain and protect a high level of

health and safety at work, and on any matter concerning the

Authority;

(c) recommend and if required prepare draft regulations

for the Minister’s consideration, guidance documents, and Codes

of Practice required to promote, maintain and protect a high level

of health and safety at work

Provided that the Board may appoint for this purpose,

committees or sub-committees and it may co-opt on the said

committees or sub-committees competent persons from outside

its membership who, in the opinion of the Board, have

professional or expert knowledge on any matter dealt with under

this Act so however that the co-opted members shall not have a

vote on any matter before a committee or sub-committee;

(d) to solicit participation by the social partners and

promote initiatives in favour of high levels of health and safety at

work;

(e) to foster harmonious relations on matters of health

and safety at work between the various stakeholders and duty

holders;

(f) to encourage and support a constructive dialogue

between constituted bodies or organisations of whatever nature

about the benefits of ensuring health and safety at work;

(g) to engage in regular consultations with constituted

bodies regarding matters pertinent to the protection of workers’

health and safety as regulated in this Act.

(6) Prior to the implementation of any policy relating to health

and safety at work, the Minister shall request the Board to provide any

recommendations or opinions it may have in relation to any policy.

(7) The Board shall refrain from being involved in executive

decisions or actions taken by the Executive in fulfilment of the scope

and objectives of the Act.

(8) The Board shall on an annual basis and prior to the

commencement of the Authority’s financial year, present to the

Minister a report in relation to its activities under the Act.

(9) The Board may also undertake such other activity it may

deem necessary or expedient for the purposes of its functions and

objectives under this Act.

(10) The Authority may, with the approval of the Minister, act as

an agent or otherwise on behalf of other persons for any matter related

to health and safety at work.

(1) The meetings of the Board shall be called by the Provisions with

Chairperson as often as may be necessary, but at least once (1) a respect

procedures of

month, either on his own initiative or at the request of any two (2) of the Board.

the other members.

(2) Half the number of members who at that point constitute the

Board shall form a quorum. Decisions shall be adopted by a simple

majority of the votes of the members present and voting. The

Chairperson, or in the Chairperson’s absence the Deputy Chairperson,

shall have an initial vote and in the event of an equality of votes, a

casting vote

Provided that without prejudice to the other requirements of

this Act, no decision which is not supported by at least two (2)

members of the Board shall be valid.

(3) Subject to the provisions of this Act, the Board may regulate

its own procedure.

(4) Without prejudice to the provisions of this article, no act or

procedure of the Board shall be invalidated merely by reason of the

existence of any vacancy among the members.

(5) All acts done by any person acting in good faith as a member

of the Board shall be valid notwithstanding that some defect in the

appointment or the qualification be discovered afterwards. No act or

procedure of the Board shall be questioned on the ground of a breach

of the provisions of article 4(12) by a member.

(6) The secretary of the Board shall have the duty to make the

necessary preparations for the meetings of the Board and to keep

minutes of the said meetings.

(1) The Executive shall be headed by a Chief Executive Provisions

who shall be appointed by the Minister in consultation with the related

Executive.

Governing Board for a defined period under such terms as established

in the letter of appointment and the said period may be extended for

further periods as necessary.

(2) The Executive shall have the authority and responsibility for

the implementation of the provisions of the Act and shall have such

functions and powers in respect of its structures as are set out in the

Act and such other functions and powers as may be delegated to it by

virtue of any other law, or as may be assigned to it by the Minister.

(3)

The Executive shall have the following functions

(a) apply the provisions of this Act and of any

regulations made thereunder;

(b) establish implementation strategies and policies

related to health and safety at work;

(c) monitor compliance with relevant laws relating to

health and safety at work and to take enforcement action where

necessary;

(d) promote and disseminate information regarding

health and safety at work, and the methods required to prevent

injury, ill health or death at work;

(e) collate and analyse data and statistics on injuries at

work, ill health and deaths and on matters ancillary to health and

safety at work

Provided that the Executive may request any data or

information from any person including any Government

department, agency, entity or corporation on any matter, directly

or indirectly related to health and safety at work, and such data

or information shall be provided without delay

Provided further that any such data or information

shall be deemed to have been given and received under the

obligation of confidentiality and with respect to the provisions of

the Regulation (EU) 2016/679 of the European Parliament and of

the Council of 27 April 2016 on the protection of natural persons

with regard to the processing of personal data and on the free

movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation);

(f) keep registers of such plant, installations, equipment,

machinery, articles, substances, or chemicals intended for use at

the workplace, as it may deem appropriate, which provide a

serious risk to health and safety at work;

(g) carry out any investigation on any matter concerning

health and safety at work, including but not limited to the

investigation of any accident, incident, injury, disease or death

occurring as a result, or by reason of, any association with work,

as well as investigations to ascertain the level of health and

safety provided at any workplace, and the duty of the Authority

to ensure the enforcement of any provision of this Act shall not

be reason to debar the carrying out of such investigations

Provided that when carrying out the said

investigation, the Executive may request any information,

documentation or any item or thing deemed necessary by the

Executive for the conclusion of the investigation

Provided further that the Executive may appoint

competent persons from the register mentioned in paragraph (i)

to accompany and assist in any investigation;

(h) promote and carry out, coordinate or commission, and

where the Authority deems necessary publish, scientific research,

surveys or other professional studies aimed at better methods of

preventing illness, injury, or death at work;

(i) keep registers, if applicable in accordance with this

Act, of competent persons in matters related to health and safety

at work, and to develop schemes as are necessary for the

accreditation of competence and, or certification in the field of

health and safety at work

Provided that the Executive may determine the

minimum qualifications required before the name of a person

may be entered into the register;

(j) shall receive and review reports submitted by the

HSRO and take the appropriate action to address the identified

concerns;

(k) issue administrative instruments as defined in article

2; and, or

(l) impose administrative penalties and fines (multi) as

referred to in articles 25, 26 and 27.

(1) The Chief Executive shall be responsible for the Chief

implementation of the objectives of the Authority in the exercise of its Executive.

functions and, without prejudice to the generality of the foregoing, he

shall

(a) be responsible for the implementation and fulfilment

of the Authority’s established goals for the efficient use of its

resources;

(b)

ensure that the necessary strategies for meeting the

objectives of the Authority are developed; and

(c) have such other duties relating to health and safety at

work as the Minister may assign from time to time.

(1) In the exercise of its functions, the Authority acting

through the Executive shall

(a) give effect, as soon as practicable, to any direction,

which the Minister may give to it in relation to the policy to be

followed in the discharge of its functions, and in relation to any

matter which appears to the Minister to affect health and safety

at work; and

(b) afford to the Minister facilities for obtaining any

information with regard to the property and activities of the

Authority and for this purpose the Authority shall furnish the

Minister with returns, accounts and other information with

respect thereto, and afford facilities for the verification of any

information furnished in such manner and at such times as the

Minister may reasonably require.

(2) The Authority shall, on its own initiative or at the request of

the Minister, advise the Minister on any matter concerning health and

safety at work.

(3) The Authority shall transmit a copy of the minutes of its

meetings to the Minister as soon as practicable after each meeting.

(4) The Minister shall seek the advice of the Authority before

making regulations as provided in article 45 and the said advice shall

however not be binding on the Minster.

(5) The Authority shall, not later than six (6) weeks after the end

of each financial year, prepare and submit to the Minister an annual

report that generally covers the activities of the Authority during such

preceding financial year and which contains such information related

to the proceedings and policy of the Authority as the Minister may

from time to time require and shall consist of

(a) a report on the operation of the Authority during the

preceding financial year; and

(b) any research, surveys or other professional studies

and analysis of educational programmes and structures related to

activities concerning health and safety at work that the Authority

deems necessary.

(6) The Minister shall ensure that a copy of each such report is

placed on the Table of the House of Representatives together with the

estimates as provided in article 38(5).

PART III

Duties

(1) It shall be the duty of an employer to ensure the physical Duties of

and psychological wellbeing of his workers at all times and of all employers.

persons who may be affected by the work being carried out for such

employer at their workplace.

(2) The measures that shall be taken by an employer to prevent

physical and psychological ill-health, injury or death at work, shall be

taken on the basis of the following general principles of prevention,

that is

(a)

by the avoidance of risk;

(b)

by the identification of hazards associated with work;

(c)

by the evaluation of those risks which cannot be

avoided;

(d) by the control at source of those risks which cannot

be avoided;

(e) by taking all the necessary measures to reduce risk

and danger as much as reasonably practicable, according to the

particular case; (f)by giving collective protective measures

priority over individual protective measures;

(g) by adapting the work to the worker, particularly

insofar as the design of workplaces, the choice of work

equipment and the choice of working and production methods

are concerned, in particular with a view to alleviating

monotonous work and work at a predetermined work-rate, and to

reducing their effect on health;

(h) by adapting to technical progress in the interest of

health and safety at work;

(i) by the development of a coherent overall prevention

policy which covers technology, the organisation of work,

working conditions, social relationships and the influence of

factors related to the working environment;

(j)

by replacing the dangerous by the non-dangerous or

the less dangerous; and

(k)

by giving appropriate instructions to workers.

(3) Without prejudice to the generality of sub-article (2), it shall

be the duty of an employer to provide such information, instruction,

training and supervision as is required to ensure health and safety at

work.

(4) It shall be the duty of an employer to ensure that at

workplaces wherein a number of workers are employed as may be

established by regulations issued by virtue of this Act, there shall be

elected, chosen or otherwise designated a person or persons to act as

the workers’ health and safety representative or representatives, and

who shall be consulted in advance and in good time by the employer

on matters which may affect health and safety at work. Such

representatives shall

(a) be given access to, and may request electronic copies

of documents prepared in connection with health and safety at

work; and

(b) they shall also be provided with the necessary means,

including the time necessary to allow them to carry out their role

as representatives

Provided that no action, disciplinary or otherwise, may be

taken by an employer against a representative who acts in good faith in

carrying out the duties pertaining to such a position.

(5) An employer shall prepare and review as and when

appropriate, a statement of the general policy with respect to health

and safety at work, which shall include the main measures for the

implementation of such a policy, and to bring the declaration and any

review of it to the notice of all the workers and their representatives.

(6) It shall be the duty of the employer to inform any contractor,

self-employed person and workers from outside the organization of the

contents of the health and safety at work policy, the presence of

specific hazards at work, the resultant risks, and the preventive and

protective measures required to be taken, and shall ensure that the

provisions of the policy are abided by at all times.

(7) An employer shall ensure that any measure required to be

taken by virtue of any provision of this Act or of any regulations made

thereunder, does not involve financial cost to the workers.

(8)

The Minister may by regulations issued in accordance with

this Act, in order to address proper compliance with the terms of this

Act and the regulations made thereunder or otherwise in view of the

nature of work conducted by an employer, require an employer to

appoint an HSRO who shall be tasked with the supervision and

monitoring of the day-to-day implementation of the health and safety

at work measures, policies and procedures of this Act and any

regulations made thereunder

Provided that, without prejudice to the rights of the Authority

under this Act and the regulations made thereunder, the Authority may,

in such cases where serious and consistent breaches of this Act and the

regulations made thereunder become apparent, order that an HSRO is

appointed by an employer for such time as the Authority may deem

necessary. In such cases, the terms of the Act relating to the HSRO

shall apply to such employer irrespective of whether regulations in

terms of this sub-article have been published.

(1)

The HSRO shall have the following duties

Duties of the

HSRO.

(a) receive a report made by other officials, workers or

any person of any information or other matter which may give

rise to information or suspicion of a breach of this Act or any

regulations made thereunder;

(b) conduct investigations necessary to determine

whether the information or matter referred to in paragraph (a),

warrants a report to be made to the employer;

(c) provide a report in writing to the employer when the

HSRO considers there to be a breach of this Act or any

regulations made thereunder, which shall also include

recommendations for the rectification thereof; and

(d) provide a report in writing to the Authority where the

HSRO determines that following a report made by him to the

employer in accordance with paragraph (c), the employer did not

reasonably implement the recommendations made therein or did

not seek to comply with the provisions of this Act or its

subsidiary legislation, within a reasonable time.

(2) Where following the consideration of a report in accordance

with sub-article (1)(d) the HSRO determines that no reporting to the

Authority is necessary, the HSRO shall record the reasons for such

determination in writing and, upon request, shall make it available to

the Authority. A register to this effect shall be kept by the HSRO.

(3) The employer shall at all times be kept fully informed of any

communication, exchanges or discussions between the HSRO and the

Authority and shall be entitled to participate at any stage thereof.

(1) When an employer has appointed an HSRO to perform

the duties referred to in article 13, this does not relieve the employer of

his duties established in terms of this Act and shall not affect the

principle of employers’ responsibility as provided for in this Act or

any regulations made thereunder.

(2) The employer shall have the duty to ensure that the HSRO

shall be given access to whatever resources are required for the

fulfilment of his role and the implementation of any recommendation

he may make in accordance with sub-article (1).

(3) The employer shall provide the HSRO with unrestricted

access to any relevant information held by himself.

(4) In such instances where an HSRO is required in terms of the

Act, the employer shall notify the Authority of the details of the

appointed HSRO and any subsequent changes thereto. A HSRO shall

retain all responsibilities under the Act until such time as the Authority

is notified with such resignation. If a person appointed to act as HSRO

ceases to act as such for any reason, in such instances, the HSRO shall

notify the Authority with such cessation

Provided that in the case of demise of the HSRO, the

employer shall notify the Authority within fourteen (14) days from

such demise.

(5) The HSRO shall consult the workers’ health and safety

representative for the purposes of preparing the report as outlined

under article 13(1)(c).

(6) In order to preserve health and safety at work, the employer

shall take into account any report made by the HSRO in accordance

with article 13(1)(d) and within a reasonable time shall take all

reasonable measures to rectify the breach of this Act or any regulations

made thereunder by implementing the recommendations made by the

HSRO or otherwise.

(7) No action, or other proceeding for damages shall lie or be

instituted against the HSRO for

(a) any act done in pursuance of this Act and any

regulations made thereunder, unless the HSRO has acted in a

negligent manner which shall include inter alia the non-

observance of his duties as provided in accordance with this Act

and any regulations made thereunder; or

(b) any act done or omitted to be done in the

performance of his functions where it is sufficiently proven that

the employer failed to provide the HSRO with the necessary

information in accordance with sub-article (3) and the HSRO

would have reported such lack of information to the Authority.

(8) It shall be considered an offence under this Act for the HSRO

to fail to submit a report to the Authority in accordance with article

13(1)(d).

(9) In cases where a worker or any person, whether acting on his

own behalf or on behalf of a worker, reports a matter in terms of this

article to the HSRO, the HSRO should inform the employer in writing

immediately on the matter and shall prepare his written report in relation

to such a matter within fifteen (15) days from the date on which such

matter was reported to him. Such report shall be provided to the

employer and the worker accordingly. Where deemed necessary by the

HSRO, the report shall make such recommendations and stipulate such

time frames as the HSRO may deem appropriate after having consulted

the employer in relation to the timelines for such implementation, taking

into account the obligations of the employer under this Act. A person

failing to present such a report shall be guilty of an offence against this

Act.

(10) In cases where a worker or any person making a report is

satisfied with the findings of the report, the HSRO shall register the

matter accordingly in his register, and the matter shall be considered to

be conclusively determined provided that any recommendation made

by the HSRO is implemented accordingly within stipulated time

frames.

(11) In cases where the recommendations made by the HSRO are

not implemented, the HSRO shall report such lack of implementation

to the Authority and the employer shall be guilty of an offence under

this Act.

(12) In cases where the HSRO determines that the employer has

not correctly implemented the terms of the report presented by him in

terms of this article, the HSRO shall provide his report made in

accordance to article 13(1)(d) to the Authority within fifteen (15) days

from the end date of the implementation period. The Authority having

received such a report from the HSRO in accordance with article

13(1)(d) shall finally determine whether the employer acted correctly

in not implementing any of the recommendations of the HSRO in

terms of this submitted report. If the Authority determines that the

employer should have implemented the recommendations made by the

HSRO, then such lack of implementation shall be considered to be an

offence under this Act

Provided that the employer shall not have committed an

offence under this Act if the Authority determines that the lack of

implementation was due to lack of agreement on the interpretation of

the duties of the employer under this Act and only in such instances

where such lack of implementation could not have reasonably resulted

in a risk of any form of bodily or psychological harm or death of a

worker.

(13) In cases where a worker or any person presenting a report in

writing to the HSRO is not satisfied with the report or

recommendations prepared by the HSRO in relation to any matter

raised by such worker or person, such worker or person shall be

entitled to report the matter to the Authority. The Authority shall

investigate such a matter accordingly and shall communicate its

findings to such worker or person, the employer and the HSRO in

writing. Should it be determined that the HSRO has failed to make the

correct recommendations to the employer in terms of this Act, in that

case the HSRO shall be guilty of an offence under this Act.

(14) Failure to appoint an HSRO in accordance with the provisions

of this Act shall constitute an offence against this Act. Any employer

found guilty of this offence shall be subject to a fine (multa) of not

more than fifty thousand euro (€50,000), as determined by the

Authority.

(15) In cases where a worker or any person submitting a report in

writing to the employer in accordance with this article is not satisfied

with the report or recommendations prepared by the employer in

relation to any matter raised by such worker or person, such worker or

person shall be entitled to report the matter to the Authority. The

Authority shall investigate such a matter accordingly and shall

communicate its findings to such worker or person, and the employer

in writing. If it is determined that the employer failed to correctly

address the matters raised by the worker or person in terms of this Act,

in such case the employer shall be guilty of an offence under this Act.

(1) It shall be the responsibility of each worker to take care

as far as possible of his own health and safety and that of other persons

affected by his acts or omissions at work in accordance with his

training and the instructions given by his employer.

(2) Workers shall in accordance with their training and the

instructions given by their employer

(a)

make correct use of machinery, apparatus, tools,

dangerous substances, transport equipment and other means of

production;

(b) make correct use of the personal protective

equipment provided to them and, after use, return it to its proper

place;

(c) refrain from disconnecting, changing or removing

arbitrarily fitted safety devices, including those fitted to

machinery, apparatus, tools, plant and buildings, and use such

safety devices correctly; and

(d) immediately inform the employer and, or the workers

with specific responsibility for the health and safety of workers

of any work situation they have reasonable grounds for

considering represents a serious and immediate danger to health

and safety and of any shortcomings in the protection

arrangements.

(3) It shall be the duty for every worker to cooperate with the

employer and with the workers’ health and safety representative or

representatives at work, on all matters relating to health and safety.

(4) A worker shall not engage in any improper conduct or

behaviour that is likely to endanger his own health and safety at work

or that of any other person.

The statutory provisions applicable to employers shall also Obligations

apply to a self-employed person. Particularly a self-employed person pertaining

self-employed

shall assess all risks to the health and safety of all persons, including persons.

his own, arising out of the work to be carried out by the self-employed

person and shall take all appropriate measures according to the general

principles of prevention as established in this Act.

Part IV

Administrative Instruments

(1) The Chief Executive shall have the power, with the The power of

approval of the Minister to issue administrative instruments, which at the

Executive to

his discretion, are required for the discharge of the Authority’s issue

administrative

functions under this Act and which ensure adequate health and safety instruments.

standards at work.

(2) The content of an administrative instrument may furthermore

reinforce and supplement, in part or in whole any provision contained

within this Act, and may even apply solely to one particular case or

matter

Provided that an administrative instrument may also be

limited to such periods of time as the Chief Executive deems fit.

(3) Administrative instruments shall be published on the

A u t h o r i t y ’s w e b s i t e a n d m a y b e u s e d a s m e a s u r e s f o r t h e

implementation of any requirement which shall be enforced by or

under the provisions of this Act.

(4) Administrative instruments shall have the force of law and be

binding in their generality.

(5) Without prejudice to the generality of the foregoing, an

administrative instrument may be issued to

(a) determine the qualifications, standards and other

requirements necessary to perform any task relating to the

safeguard of health and safety at work;

(b) prohibit any work activity or use of any equipment at

work which may place workers at a high level of risk to health

and safety;

(c) to regulate the mandatory insurance coverage that

employers are required to provide for their workers; and, or

(d) to specify the minimum accreditations required for

individuals to be deemed competent persons.

PART V

Health and Safety at Work Officers

(1) The Executive shall appoint officers who shall have

such functions relating to the general implementation of this Act or of

any regulations made thereunder, as well as for performing such work

or assuming such responsibilities as may be prescribed or as may be

assigned to them by the Authority.

(2) An officer shall be issued with an identification document

signed by the Chief Executive, and such document shall be produced

at the time of any examination, investigation or inspection

Provided that the Chief Executive shall be deemed to be an

officer, and his identification document as an officer shall be signed by

the Chairperson of the Board.

(1)

An officer shall have the following powers

(a)

to enter freely and without previous notice in any

workplace, at any time of day or night;

(b) to request the assistance of a member of the Police

Force in the execution of his duties;

(c) to question, alone or in the presence of witnesses,

including the person that put forward the complaint, any

employer or worker, including any person acting on behalf of

any employer or carrying out work for such employer, if such is

the case, on any of the matters falling under this Act or under any

regulations made thereunder;

(d) to inspect any book, document, design, plan or list of

technical specifications which may provide information or

clarification with regard to health and safety at work at any

particular workplace;

(e) to take possession, upon giving receipt therefor, of

any object required for tests or as evidence of any accident,

injury or disease at work, or of any alleged breach of this Act or

of any regulations made thereunder;

(f) to examine or see to the examination of workplaces

and of any object therein, and to take samples for examination of

any article, substance or material found in any workplace or

within its curtilage for the purpose of protecting health and

safety at work, and to ensure that such samples are preserved for

use as evidence in any proceedings in accordance with this Act

or of any regulations made thereunder;

(g) to order that nothing be disturbed at a workplace for

any period which may be reasonably required for the purpose of

any examination, investigation or inspection referred to in this

sub-article;

(h) to require the operation or the setting in motion of

any equipment, machine, device, article or process, as well as the

operation of any system or procedure which, in the opinion of the

officer, may be relevant to any examination, investigation or

inspection referred to in paragraphs (a) to (e);

(i)

to require any employer to provide at his expense

(i) a certificate signed by a Perit relating to the

safety of any building or structure, including any

temporary structures;

(ii)

a certificate signed by a mechanical or

electrical engineer regarding the safety of any mechanical

or electrical installation, as the case may be, including any

temporary installation;

(iii) a certificate signed by a medical practitioner

relating to the health at work of any worker or any class of

workers, which shall be presented to a medical officer of

the Authority;

(iv) any information relative to health and safety at

work, including information which refers to protective

measures and any certificates duly signed by other persons

competent in other areas ancillary to health and safety at

work;

(j) to require any duty holder and, or employer, agent,

manufacturer, importer, supplier, user or other person to provide

at their expense any document, certificate or list of technical

specifications in relation to any matter concerning health and

safety at work, the method of handling or use of any plant,

installation, equipment, machinery, article, substance or

chemical which is used or intended to be used at work;

(k) for the purposes of a prosecution for any offence

under this Act or of any regulations made thereunder, or for the

purposes of any appeal to the Tribunal against an order by an

officer, to disclose to the Court or to the Tribunal such results or

information received or collected during the course of the

investigations; and, or

(l) any other power as is reasonably necessary for the

purpose of safeguarding health and safety at work.

(2) In the case of reasonable suspicion of an offence under this

Act, a competent Court shall have the power and authority to give its

consent to the entry by an officer in any workplace at all times.

(1) An officer may give an order, verbally or in writing, to

safeguard health or safety at work, and every person shall observe such

order forthwith until such time as it is revoked by an officer or until it

has been revoked by a competent Court or Tribunal

Provided that the person who receives the order, whether such

person is a worker or an employer, may defend oneself from the charge

of not having observed the order if he proves that compliance with the

order would have been of immediate detriment to health and safety at

Provided further that any order given verbally shall be

confirmed and notified in writing, including by electronic mail upon

the person to whom it was given within three (3) working days.

(2) (a) An officer may order that a workplace or part of a

workplace be sealed, and such officer may revoke any such order.

(b) When a workplace or part thereof is sealed, no person

shall enter into a sealed area without an officer’s permission.

(3) When an officer makes an order in writing in accordance with

this article, that officer may affix in the workplace, or on any

equipment, machine, device, article or thing, a copy of the said order

and no person except an officer shall remove such copy unless

authorised to do so by an officer.

(4) When an officer makes an order in writing in accordance with

this article, or issues a report of inspection to an employer or to a

person in charge of the work, the employer or person in charge of the

work shall forthwith cause a copy thereof to be posted in a

conspicuous place at the workplace where it is most likely to attract

the attention of workers.

(5) An officer shall not be required to afford to an employer,

worker or other person an opportunity for a hearing before giving an

order.

(1) Officers shall, for the purposes of the Criminal Code, be Officers to be

deemed public

deemed to be public officers.

officers.

(2) A person may not threaten, insult, molest or disturb officers in

the performance of their duties, or knowingly give officers false

information, or break or tamper with any seal made, or with any

monitoring equipment installed, put up or left by an officer in a

workplace or, in the case of personal monitoring equipment, on a

worker.

No action, disciplinary or otherwise, or other proceeding for Non-liability.

damages, shall lie or be instituted against the Chief Executive, or

against an officer of the Authority for an act done or omitted to be

done by them in good faith in the execution or intended execution of

any power, right or duty in accordance with this Act or any regulations

made thereunder.

PART VI

The Health and Safety Tribunal

(1) There shall be an independent and impartial Tribunal

which shall be competent to

(a) hear appeals brought by any person following

decisions, orders, or administrative instruments issued by the

Authority; and

(b) hear claims in connection with breaches of an

administrative nature and as a result of which an administrative

penalty can be imposed.

(2) The Tribunal shall not be subject to the control or direction of

any other person or authority.

(3) The Tribunal shall be composed of a Chairperson who has at

least five (5) years of experience as a warranted legal professional and

two (2) other members who are warranted professionals in fields

related to health and safety at work with at least five (5) years of

experience.

(4) The Minister may by order in the Gazette establish panels of

the Tribunal, and may designate the categories of cases that shall be

assigned to each panel and may by subsequent order change, revoke or

substitute such order

Provided that nothing in this article and no changes in the

composition of the Tribunal or in the qualifications of experience

required of its members that may occur from time to time, shall effect

the validity of anything done or still to be done by the Tribunal as

composed when the case was assigned to it, or the continuation of

proceedings before it when such proceedings commenced.

(5) The Chairperson and the two (2) other members shall be

appointed by the Minister for a period of three (3) years

Provided that the Minister may confirm any appointment from

year to year and may direct that the outgoing Chairperson or member

may continue to sit on the Tribunal in respect of any such matter that

he has already taken cognisance before the termination of his

appointment until such matter is determined.

(6) The Chairperson shall have the right to administer the oath

and examine witnesses

Provided that a member of the Board and the Executive or an

employee of the Authority may not be appointed as a member of the

Tribunal.

(7) The names of persons appointed to serve as Chairpersons or

as members of the Tribunal shall be published in the Gazette.

(8) The Minister shall also appoint a person to act as secretary of

the Tribunal.

Any party to a decision delivered by the Tribunal who feels Appeals from

aggrieved by a decision of the said Tribunal, may appeal on points of decisions

delivered by the

law to the Court of Appeal by means of an application filed in the Tribunal.

registry of that court within twenty (20) days from the date on which

the decision of the Tribunal was served.

PART VII

Offences and Administrative Penalties

(1) Every act or omission against this Act, and which does Offences and

not constitute a criminal offence, shall be subject to an administrative administrative

penalties.

penalty.

(2) Without prejudice to all other powers of the Authority, the

Authority shall impose such administrative penalties or other sanctions

for the breach by any person of any provision of this Act or of an

administrative instrument made under it, as well as for the breach by

any person of European Union legislation which falls to be enforced

by the Authority which may supplemented from time to time by an

administrative instrument

Provided that the administrative penalties shall in all cases be

proportionate to the severity of the respective breach

Provided further that any administrative penalties or other

sanctions imposed may be supplemented from time to time by an

administrative instrument.

(3) It shall be the discretion of the Authority to impose such

administrative penalties and decide the amount that shall be imposed

Provided that such administrative penalty shall not exceed

twenty thousand euro (€20,000) for each breach of an administrative

nature.

(4) When the Authority imposes an administrative penalty it shall

cause a notice in writing to be served on the person on whom the

administrative penalty is being imposed

Provided that before imposing an administrative penalty the

Authority may, at its discretion, cause a notice in writing to be served

on any person who committed a breach of an administrative nature

informing such person of the said administrative breach, the remedial

action to be taken, and the time period during which the remedial

action is to be taken.The notice shall also provide that an

administrative penalty shall be imposed when the remedial action is not

undertaken as instructed and, or finalised within the time period

specified.

(5) Following, the notice as provided for in sub-article (4), the

notified person shall have a period of twenty (20) working days within

which to admit the administrative penalty, including the payment of

any administrative penalty levied, or otherwise appeal such sanction

before the Tribunal as established in accordance with article 23

Provided that if an appeal is not filed, any administrative

penalty imposed shall constitute an executive title for all effects and

purposes of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure.

(6) Any appeal from an administrative penalty not exceeding one

thousand five hundred euro (€1,500) shall be filed by means of a written

petition and submissions, and it shall be determined solely by the

Chairperson appointed in accordance with article 23(4).

(1) Any person who acts in contravention of and, or who

conspires or attempts, or aids, abets, counsels or procures any other

person to contravene the provisions of articles 12, 14, 15, 16 or 45 or

any of the regulations made thereunder shall be guilty of an offence

against this Act.

(2) Any person who, in relation to any matter under this Act or

any regulations made thereunder

(a) furnishes any information which that person knows

to be false, or recklessly furnishes any information which is

false;

(b) with intent to deceive produces, furnishes, sends or

otherwise makes use of any document which is false;

(c) wilfully refuses or without lawful reason withholds

any material information, proof of which shall be brought by

such person;

(d) knowingly or recklessly makes any incorrect

statement or entry in any record or return or on any document

kept or furnished under this Act or any regulations made

thereunder;

(e) unlawfully refuses or fails to answer to the best of his

knowledge any question made to him by an officer in the

exercise of such officer’s functions, or fails to co-operate fully

with an officer in the pursuance of such officer’s duties;

(f) unlawfully refuses or fails to comply with any

requirement duly provided under this Act or under any

regulations made thereunder; or

(g) hinders an officer in the performance of such

officer’s duty under this Act or under any regulations made

thereunder,

shall be guilty of an offence against this Act.

(3) Any person who commits an offence against this Act or any

regulations made thereunder shall, on conviction, be liable to

imprisonment for a term of not more than two (2) years, or to a fine

(multa) of not less than one thousand euro (€1,000) but not exceeding

fifty thousand euro (€50,000) for every offence for which the person

has been found guilty, or to both such fine and imprisonment. On a

second or subsequent conviction such person shall be liable to a fine

(multa) of not less than two thousand euro (€2,000) but not exceeding

fifty thousand euro (€50,000) for every offence for which the person

has been found guilty, or to imprisonment for a term of not less than

one (1) year and not exceeding four (4) years, or to both such fine and

imprisonment. The Court may, at the request of the prosecution, cancel

or suspend all or any permits issued in terms of or in relation to this

Act including by regulations or administrative instruments, or all or

any licences or warrants issued to or in the name of the person found

guilty in connection with the workplace where the offence was

committed

Provided that the following failures shall not be deemed to

constitute an offence against this Act and shall be subject to an

administrative penalty

(a) failure to make the necessary filings with the

Authority as required in terms of this Act and any regulations

made thereunder;

(b) failure to keep any form of document, register,

general register, report and list as required in terms of this Act

and any regulations made thereunder;

(c)

the omission of a required entry in a register;

(d) failure to carry out a suitable, sufficient and

systematic assessment of all health and safety hazards at the

workplace and the resultant risks involved; and

(e) failure to appoint workers’ health and safety

representative.

(4) Notwithstanding the provisions of article 370 of the Criminal

Code, the Court of Magistrates as a court of criminal judicature shall be

competent to try all offences against this Act.

(5) In any proceeding referred to in sub-article (4), it shall be

lawful for the Chief Executive and, or any officer delegated by the said

Chief Executive, to examine or cross-examine witnesses, submit proof,

make submissions in support of the charge and generally conduct the

prosecution on behalf of or together with the Executive Police

Provided that the sworn statement of the delegated officer

attesting that such officer has been duly delegated for that purpose

shall be conclusive proof of such fact.

(6) Notwithstanding the provisions of sub-article (5), the Chief

Executive or the duly delegated officer may be produced as witnesses

Provided that if the prosecution produce them as witnesses,

they shall be heard before they commence to act as provided in sub-

article (5) unless the necessity of their testimony arises subsequently.

(7) Where the Authority nominates any officer to be present

during an inquest in terms of article 546 of the Criminal Code, the

presence or any intervention by such officer during such inquest shall

not prohibit the said officer from future representation during

proceedings or from being summoned as a witness, including in civil

cases pertaining to health and safety at work

Provided that notwithstanding the provisions of the Criminal

Code the Authority shall be given a copy of any investigation or

inquiry, including the procès-verbal of any inquest carried out in

connection with any breach of this Act.

(8) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall have a right of appeal from any judgement

given by the Courts of Magistrates in respect of proceedings for any

offence against this Act or any regulations made thereunder.

(9) The punishments provided for in this Act shall apply unless

the fact constitutes a more serious offence under the Criminal Code or Cap. 9.

any other law, in which case the provisions of the Criminal Code or

such other law shall apply.

(10) Notwithstanding the provisions of the Criminal Code, Cap. 9.

proceedings for an offence against this Act relating to a breach which

is not of an administrative nature may be instituted at any time within

six (6) years from the commission of the offence.

(1) Notwithstanding any other law providing for the trial Special

and punishment of offences, where the Authority believes that a person compromise

procedure.

has committed an offence against this Act, other than in circumstances

involving a fatality or when the breach is administrative in nature, the

Authority may give notice in writing to such person providing the

following information

(a) a description of the offence that the Authority

believes that such person has committed;

(b) a list of the steps to be taken by such person to

remedy the offence;

(c)

whether the offence is remediable; and

(d) a declaration that such person is required to pay a

compromise fine in respect of such offence

Provided that the Authority may not require the payment of a

compromise fine exceeding fifty thousand euro (€50,000).

(2) Where a notice in accordance with this article has been given,

the person named in the notice may, within sixty (60) days of the

service of the notice, accept responsibility in writing for the offence

specified in the notice and within the same period of sixty (60) days,

remedy the offence if the offence is remediable, and pay or undertake

in writing to pay the fine indicated in the notice or such other

compromise fine as the Authority may accept instead, and in any such

case

(a) the person named in the notice shall be deemed to

have committed the offence and to have admitted his guilt in

respect thereof, and the compromise fine paid, or agreed to be

paid, shall be the penalty to which he becomes liable to pay;

(b) in the case of a remediable offence, if the offence is

remedied to the satisfaction of the Authority and the compromise

fine is paid within the period of sixty (60) days, no further

proceedings may be taken against the said person in respect of

the same facts

Provided that the agreement to pay the compromise fine shall

not extinguish any civil liability to make good any damages to any

person or authority

Provided that such person fails to pay the compromise fine

within the sixty (60) day period, such fine shall constitute a penalty

ordered by a court, and proceedings may be taken to recover the same

as a civil debt due to the Authority.

(3) Where the person to whom notice is given under sub-article

(1) does not accept or, in the case of a remediable offence, having

accepted such responsibility, fails to remedy the offence within the

specified period, even if he has paid the compromise fine, criminal

proceedings may be taken against him in accordance with the

provisions of law applicable to the offence.

(1) The Authority shall publish, on the Authority’s website,

any administrative penalty that has been imposed by the Authority

against duty holders that have become final for any breaches of the

provisions of this Act, any regulations made thereunder and

administrative instruments or any compromise fine paid in terms of

article 27, for such amount as may be determined from time to time by

regulations issued in terms of this Act. Such information shall remain

accessible on the Authority’s website for such period as determined by

regulations made under this Act.

(2) The Authority shall publish any case relating to an offence

against this Act or any regulations made thereunder by a duty holder on

the Authority’s website that have been decided against duty holders.

Such publication shall remain accessible on the Authority’s website

until such time that it is removed from the conduct certificate of the said

duty holder.

(3)

Such publications shall include the following information

(a)

information on the type and the nature of the breach;

(b)

the identity of the duty holder involved;

(c)

the amount of any administrative penalty imposed;

(d)

a summary of the breach or offences committed; and

(e) the Court’s or Tribunal’s decision, as applicable, and

any pertinent detail related to the case.

(4) The Authority shall update and maintain such publications in

a timely manner, ensuring accuracy and accessibility to the public.

(5) The Authority shall establish and publish policies and

procedures to further regulate the publication of administrative

penalties and decisions by the Courts.

PART VIII

Administrative provisions

(1) The Authority shall be empowered to delegate its duties, Delegation of

functions, powers and responsibilities under this Act and any powers

authorities and

regulations made thereunder to other competent authorities as it deems power

Minister.

necessary for the effective implementation and enforcement of health

and safety at work.

(2) The delegated authority shall provide regular reports, updates

and information to the Authority regarding the implementation of

delegated duties, as may be requested by the Authority from time to

time, at least once every twelve (12) months.

(3) The delegation of duties by the Authority shall not relieve the

Authority of its overall responsibility for ensuring the protection of

health and safety of all persons at work as directed by this Act and any

regulations made thereunder.

(4) The Authority shall establish cooperation with any Ministry,

Government department or other organisation, whether local or

overseas, to promote and ensure the health and safety of all persons at

work.

(5) The Minister may, from time to time, make regulations

prescribing additional procedures, requirements or conditions

governing the delegation of duties provided for in this article.

Subject to the provisions of the Constitution and any other Staff

law applicable to or in connection thereto, including this Act, the appointments.

appointment of officers and other employees of the Authority shall be

made by the Chief Executive, and approved by the Authority. The

terms and conditions of employment shall be determined by the Chief

Executive with the approval of the Authority and with the concurrence

of the Minister.

(1) The Prime Minister may from time to time, at the request Detailing of

of the Authority, direct that any public officer who has the necessary public officers.

competences for the requested position be detailed for duty with the

Authority in such capacity and with effect from such date as may be

specified in the order.

(2) A direction given in terms of sub-article (1) shall cease to

have effect after one (1) year from the date that the direction is given

Provided that the Prime Minister may specify a different date

of cessation and, or may revoke such direction before its cessation

Provided further that the direction shall also cease to have

effect if the public officer retires from the public service, or otherwise

cease to hold office at an earlier date.

(1) Any public officer detailed for duty with the Authority

in accordance with article 31 shall be under the administrative

authority and control of the Authority during the time that such

direction is in force but shall for other intents and purposes remain and

be considered and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, a public

officer detailed for duty

(a) shall not during the time while such public officer is

so detailed

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the appointment

with the Government held by that public officer at a date

on which he was detailed for duty; or

(ii) be so employed that the remuneration and

conditions of service are less favourable than those which

are attached to the appointment with the Government held

by such public officer at the date he was detailed for duty

or which would have become attached to such

appointment, during the said period, had such public

officer not been detailed for duty with the Authority; and

(b) shall be entitled to have the service with the

Authority considered as service with the Government for the

purpose of any pension, gratuity or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pension Act, and of

any other right or privilege to which such public officer would be

entitled, and shall be liable to any liability to which he would be

liable, but for the fact that he is detailed for duty with the

Authority.

(3) Where an application is made as provided in terms of sub-

article (2)(a)(i), the same consideration shall be given thereto as if the

public officer had not been detailed for duty with the Authority.

(4) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by a

public officer detailed for duty with the Authority during the period in

which such public officer is so detailed.

(1) The Authority may, with the approval of the Prime Offers of

Minister, offer to any public officer detailed for duty with the permanent

employment

Authority in terms of article 31 permanent employment with the with

Authority to

Authority at a remuneration and on terms and conditions not less public officers

favourable than those enjoyed by such public officer at the date of such detailed

with the

offer.

Authority.

(2) The terms and conditions comprised in any offer in terms of

sub-article (1) shall not be deemed to be less favourable merely

because they are not in all respects identical with or superior to those

enjoyed by the public officer concerned at the date of such offer, if

such terms and conditions taken as a whole, in the opinion of the Prime

Minister, offer substantially equivalent or greater benefits.

(3) Every public officer who accepts an offer of permanent

employment with the Authority shall, for all purposes other than those

of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Cap.

93. Act, be deemed to have ceased to be in service with the Government

and to have entered into service with the Authority on the date of such

acceptance, and for the purposes of the Pensions Ordinance and of the

Widows’ and Orphans’ Pensions Act, so far as applicable to such

public officer, service with the Authority shall be deemed to be service

with the Government within the meanings thereof respectively.

(4) Every such public officer who, immediately before accepting

permanent employment with the Authority, was entitled to benefit

under the Widows’ and Orphans’ Pensions Act, shall continue to be so Cap. 58.

entitled to benefit as if service with the Authority were service with the

Government.

(5) The Authority shall pay to the Government such contributions

as may from time to time be determined by the Minister responsible

for finance in respect of the cost of pensions and gratuities earned by a

public officer who has accepted permanent employment with the

Authority during the period commencing on the date of such

acceptance by the public officer.

(6) (a) For the purposes of this article, the posts and salary

grades with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the service of the

Government by reference to job description, skills, responsibilities and

other analogous factors.

(b) The classification referred to in paragraph (a) shall be carried

out by a Board composed of a Chairperson appointed by the Minister

responsible for finance and two (2) other members, one (1) of whom

appointed by the Ministry responsible centrally for personnel policies

in the public service and the other appointed by the Authority. The

classification shall be subject to the final approval of the Minister

responsible for finance.

(c) Such classification shall take place within three (3) months of

any adjustment of salaries of employees in the Government service

and, or of employees of the Authority.

(d) No post shall be classified in a grade higher than that of grade

three (3) in the service of the Government or such other grade that the

Minister responsible for finance may from time to time by notice in the

Gazette determine.

(e) Without prejudice to the provisions of article 113 of the

Constitution no person may, following a classification as provided for

in this article, be entitled to rights under the Pensions Ordinance less

favourable than those to which such person would have been entitled

prior to such classification.

PART IX

Financial Provisions

(1) Without prejudice to the provisions of this article, the

Authority shall so conduct its affairs that the expenditure required for

the proper performance of its functions shall, as far as practicable, be

meted out of its revenue.

(2) For such purpose the Authority shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under this

Act or any other law related to the powers and functions of the

Authority.

(3) The Authority shall also be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to cover the costs of specified works to be

continued or otherwise carried out by the Authority, being works of

infrastructure or a similar capital nature.

(4) Any excess of revenue over expenditure shall, subject to such

directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by the

Authority to the formation of reserve funds to be used for the purposes

of the Authority, and without prejudice to the generality of the powers

given to the Minister by this sub-article, any direction given by the

Minister as aforesaid may order the transfer to the Government, or the

application in such manner as may be specified in the direction, of any

part of the fees, rates and other payments levied in accordance with

sub-article (2) or any such excess as aforesaid.

(5) Any funds of the Authority not immediately required to mete

expenditure may be invested in such manner as may from time to time

be approved by the Minister.

(1) For the purposes of carrying out any of its functions Power to

under this Act, the Authority may, with the approval in writing of the borrow capital.

Minister responsible for finance, borrow or raise money in such

manner, from such person, body or authority, under such terms and

conditions as the Minister, after consultation as aforesaid, may in

writing approve.

(2) The Authority may also from time to time borrow, by way of

overdraft or otherwise, such sums as it may require for carrying out its

functions in accordance with this Act

Provided that for any amount in excess of one hundred and

sixteen thousand and four hundred and sixty-eight euro and sixty seven

cents (€116,468.67), there shall be required the approval of the

Minister in writing.

The Minister responsible for finance may, after consultation Advances from

with the Minister, make advances to the Authority of such sums as the Government.

Minister responsible for finance may agree to be required by the

Authority for carrying out any of its functions under this Act, and may

make such advances on such terms and conditions as the Minister

responsible for finance may, after consultation as aforesaid, deem

appropriate. Any such advance may be made by the Minister

responsible for finance out of the Consolidated Fund, and without

further appropriation other than this Act, by warrant, authorising the

Accountant General to make such advance.

(1) The Minister responsible for finance may, for any Borrowing from

requirements of the Authority of a capital nature, contract or raise Government.

money, or incur liabilities, for such periods and on such terms and

conditions as the Minister responsible for finance may deem

appropriate, and any sums due in respect of or in connection with any

such loan or liability shall be a charge on the Consolidated Fund.

(2) Notice of any loan, liability or advance made or incurred

under the provisions of sub-article (1) shall be given by the Minister to

the House of Representatives as soon as practicable.

(3)

Pending the raising of any loan as mentioned in sub-article

(1), or for the purpose of providing the Authority with working capital,

the Minister responsible for finance may authorise the Accountant

General to make advances to the Authority out of the Treasury

Clearance Fund under such terms as may be specified by the Minister

upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority, and any other moneys to be advanced to the

Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the

"Occupational Health and Safety Authority Loan Fund".

(5) Sums received by the Accountant General from the Authority

in respect of advances made to the Authority under sub-article (3) shall

be paid, as respects of amounts received by way of repayment into the

Treasury Clearance Fund and, as respects of amount received by way

of interest into the Consolidated Fund.

(1) The Chief Executive shall cause to be prepared in every

financial year, and shall not later than eight (8) weeks before the end of

each financial year adopt, estimates of the income and expenditure of

the Authority for the following financial year

Provided that the estimates of the Authority for the first (1)

financial year of the Authority shall be prepared and adopted within

such time as the Minister may by notice in writing to the Authority

specify.

(2) In the preparation of such estimates the Chief Executive shall

take account of any funds and other monies that may be due to be paid

to the Authority out of the Consolidated Fund during the relevant

financial year, whether by virtue of this Act or an appropriation Act or

of any other law, and the Authority shall so prepare the said estimates

as to ensure that the total revenues of the Authority are at least

sufficient to mete all sums duly chargeable to its revenue account

including, but without prejudice to the generality thereof, depreciation.

(3) The estimates shall be made in such forms and shall contain

such information and such comparisons with previous estimates as the

Minister may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith by the Chief Executive to the Minister and

to the Minister responsible for finance.

(5) The Minister shall, at the earliest opportunity and not later

than six (6) weeks after the Minister has received a copy of the

e s t i m a t e s o f t h e A u t h o r i t y o r, i f a t a n y t i m e t h e H o u s e o f

Representatives is not in session, within six (6) weeks from the

beginning of the next following session, cause such estimates to be

laid before the House of Representatives together with a motion that

the House approves the said estimates. Not more than one sitting shall

be allotted for the debate in the House of Representatives on such

motion and both the motion and the approval of the estimates by the

House of Representatives may be with or without amendment to the

estimates.

(1) No expenditure shall be made or incurred by the Expenditure

Authority unless it has been approved by the House of Representatives according

approved

as provided in article 38.

estimates.

(2)

Notwithstanding the provisions of sub-article (1)

(a) until the expiration of six (6) months from the

beginning of a financial year, or until the approval of the

estimates for such year by the House of Representatives,

whichever is the earlier date, the Authority may make or incur

expenditure for carrying out its functions in accordance with this

Act not exceeding in the aggregate one half of the amount

approved for the preceding financial year;

(b) expenditure approved in respect of a head or sub-

head of the estimates may, with the approval of the Minister, be

incurred in respect of another head or sub-head of the estimates;

(c) in respect of the first (1) financial year, the Authority

may make or incur expenditure until the approval of the

estimates for such year by the House of Representatives not

exceeding in the aggregate such amounts as the Minister

responsible for finance may, after consultation with the Minister,

allow;

(d) if in respect of any financial year it is found that the

amount approved by the House of Representatives is not

sufficient, or if a need has arisen for expenditure for a purpose

not provided for in the estimates, the Authority may adopt

supplementary estimates for approval by the House of

Representatives and, pending such approval, the Authority may

in special circumstances and with the approval of the Minister,

incur the relative expenditure or part thereof as the said Minister

may so approve, and in any such case the provisions of this Act

applicable to the estimates shall, as soon as practicable, apply to

the supplementary estimates.

All estimates and supplementary estimates approved by the

House of Representatives shall, as soon as practicable, be published in

the Gazette.

(1) The Authority shall cause to be duly kept books of

account and other records in respect of the Authority’s operations and

shall cause to be prepared a statement of accounts in respect of each

financial year.

(2) The accounts of the Authority shall be audited by an auditor

to be appointed by it and approved by the Minister

Provided that the Minister responsible for finance may require

the books and other records of the Authority to be audited or examined

by the Auditor General who shall for this purpose have the power to

carry out such physical verifications and other verification, and may

require such information, as the Auditor General may deem necessary.

(3) After the end of each financial year, at the same time as a

copy of the estimates of the Authority is forwarded to the Minister in

accordance with article 38(4), the Authority shall cause a copy of the

statement of accounts duly audited to be transmitted to the Minister

and to the Minister responsible for finance together with a copy of any

report made by the auditor on such statement or on the accounts of the

Authority.

(4) The Minister shall cause a copy of every such statement and

report to be laid on the Table of the House of Representatives together

with the motion tabled before the House of Representatives under

article 38(5).

(1) All moneys of the Authority shall be paid into a bank

appointed as bankers by the Authority by a resolution of the Authority.

Such moneys shall, as far as practicable, be paid into the banks from

day to day, except for such sum as the Authority may require to retain

to mete petty disbursements and immediate payments.

(2) All payments out of the funds of the Authority, except petty

disbursements not exceeding such sum as may be fixed by the

Authority, shall be made by such officer of the Authority as shall be

appointed or designated for the purpose.

(3) Cheques against and withdrawals from any bank account of

the Authority shall be signed by such officer of the Authority as may

be appointed or designated by the Authority for that purpose and shall

be countersigned by the Chief Executive, or such other member or

officer of the Authority as may be authorised by the Authority for such

purpose.

(4)

The Authority shall also make provision with respect to

(a) the manner in which and the officer by whom

payments are to be authorised or approved;

(b) the title of any account held with the bank into which

the monies of the Authority are to be paid, and the transfer of

funds from one account into another;

(c) the method to be adopted in making payments out of

the funds of the Authority; and

(d) generally with respect to any matter which is relevant

to the proper keeping and control of the accounts, books and

other records and the control of the finances of the Authority.

The Authority shall follow the Public Procurement Contracts of

Regulations when entering into any contract for the supply of goods or supply

works.

materials or for the execution of work or for the rendering of services, S.L. 601.03.

to or for the benefit of the Authority.

The Authority shall, not later than six (6) weeks after the end Annual report.

of each financial year, make and transmit to the Minister and to the

Minister responsible for finance, a report dealing generally with the

activities of the Authority during such financial year and containing

such information relating to the proceedings and policy of the

Authority as either of the said Ministers may from time to time require.

The Minister shall cause a copy of every such report to be laid on the

Table of the House together with the estimates as provided for in

article 38(5).

PART X

Miscellaneous

(1) The Minister may make regulations for safeguarding Power to make

health and safety at work, for determining the precautions to be taken regulations.

for this purpose and generally for the purpose of carrying into

operation any of the provisions of this Act, and in particular, but

without prejudice to the generality of the foregoing, the Minister may

make regulations

(a) prescribing anything that is required or authorised by

this Act to be prescribed;

(b) concerning the testing, examination and the

certificates or seals of approval of any equipment, machinery,

device, article or thing used or intended to be used in a

workplace;

(c) on the importation, presence, use, handling of, or

exposure to any chemical, biological or physical agent, or a

combination thereof, which may be used at the workplace;

(d) on the methods, standards or procedures for

determining the amount, concentration or level of any physical,

chemical or biological agent in a workplace;

(e) concerning the protection of workers from the risks

related to exposure to chemical, physical and biological agents at

the workplace;

(f) on the notification, reporting and investigation of

deaths, diseases, injuries or other accidents or incidents

involving health and safety in a workplace;

(g)

on the hours a worker may be required to work;

(h) relating to the safety of any equipment, machinery,

device, material, chemicals, process, article or thing whatsoever

used or intended to be used in a workplace;

(i) relating to the right of a worker to refuse to work or

to do a particular work, the circumstances in which, and the

conditions under which the said right is exercisable;

(j) prescribing or altering the procedure to be used for an

appeal to be made to the Tribunal and to regulate the procedure

to be used by the Tribunal;

(k) regulating the assignment and delegation of duties in

accordance with the Act by an employer to any person, when the

employer is a body corporate. The said regulations shall determine

the responsibilities of such person being delegated or assigned

such duties in accordance with the Act. Such regulations shall

furthermore be drafted and interpreted consistently with the terms

of European Union legislation regulating health and safety at

work;

(l) on any other matter related to health and safety at

work; and, or

(m) determine the qualifications, standards and other

requirements necessary to perform any task relating to the

safeguard of health and safety at work.

(2) Without prejudice to any matter aforesaid, regulations made

by virtue of this article may also

(a) distinguish between different classes of work places,

different classes of work and between different classes of

workers, and may also make other distinctions as may be deemed

appropriate;

(b) prohibit, regulate, restrict, limit or control any matter

in respect of which regulations may be made; and

(c) empower the Authority to require a licence,

certificate or other requirements in respect of any matter for

which regulations may be made and to levy fees or other charges

in respect thereof, or in respect of any service provided by the

Authority.

(1) On the coming into force of the Health and Safety at Repeal of the

Work Act, 2024 the Minister responsible for health and safety at work Occupational

Health and

may, by notice or notices in the Gazette, establish the date of the repeal Safety

Act.

of the Occupational Health and Safety Authority Act

Act No. XXXIII

of 2024.

Provided that the Minister responsible for health and safety at

work may by such notice or notices in the Gazette establish different

dates for the repeal of different provisions and, or for different

purposes of the Occupational Health and Safety Authority Act.

(2) Upon the coming into force of this Act, the words and phrases

referred to in the third column of the First Schedule, which words and

phrases occur in the provisions specified in the second column of the

said Schedule, which provisions are to be found in the enactments

referred to in the first column of the said Schedule, shall be amended

in accordance with the amendments referred to in the fourth column of

the said Schedule.

(3) Upon the coming into force of this Act, the subsidiary

legislation listed in the first column of the Second Schedule, the

enumeration of which is listed in the second coloumn of the said

Schedule, shall be deemed to have been made under the corresponding

provisions of this Act, and shall be re-numbered accordingly as

specified in the third column of the said Schedule.

PART XI

Amendment to the Public Administration Act

This Part amends the Public Administration Act and it shall Amendment to

be read and construed as one with the Public Administration Act, the

Administration

hereinafter in this Part referred to as the "principal Act".

Act.

In the Second Part of the Fifth Schedule to the principal Act

immediately after the item "The Chairperson of the Older Persons

Standards Authority" there shall be added the following new item

"The Chairperson of the Board of the Occupational Health

and Safety Authority".

First Schedule

Consequential amendments to other legislation

Legislation

Provision

Text that is to be amended

Amendment

Criminal Code -

article

"Where the offence that

"Where the principal factual

546(3A)(a)

shall be investigated includes in elements matters relating to health

its principal factual elements and safety at work such as in the

matters relating to occupational case of involuntary homicide or

health and safety such as in the involuntary bodily harm arising

case of involuntary homicide or out of a fact which happened at

involuntary bodily harm arising work and which are such that

out of a fact which happened at a entitle the Occupational Health

work place and which are such and Safety Authority to carry out

that entitle the Occupational an investigation in accordance

Health and Safety Authority to with paragraph (d) of sub-article

carry out an investigation in (3) of article 9 of the Health and

accordance with paragraph (f) of S a f e t y a t Wo r k A c t , t h e

sub-article (2) of article 9 of the M a g i s t r a t e s h a l l a s s o o n a s

Occupational Health and Safety practicable notify the Authority of

Authority Act, the Magistrate the inquest and shall allow the

shall as soon as practicable said Authority to participate by

notify the Authority of the delegating not more than two (2)

inquest and shall allow the said of its officers so as to be present

Authority to participate by during the inquest on the spot and

delegating not more than two (2) during the hearing of witnesses if

of its officers so as to be present and as may be decided by the

during the inquest on the spot Magistrate, and, or following he

and during the hearing of inquest on the spot by the

witnesses if and as may be Magistrate to accede on site as

decided by the Magistrate, and, may be necessary after informing

or following the inquest on the the Magistrate. If so requested by

spot by the Magistrate to accede the Magistrate, the officers shall

on site as may be necessary after file a report for the consideration

informing the Magistrate. If so of the Magistrate which shall

requested by the Magistrate, the form part of the procès-verbal of

officers shall file a report for the the inquest."

consideration of the Magistrate

which shall form part of the

procès-verbal of the inquest."

marginal note

"Cap. 424."

"Cap. 646."

in

article

546(3A)(a)

article

"Occupational Health and

"Occupational Health and

546(3A)(c)

Safety

Authority"

o r Safety Authority" or "Authority"

"Authority" means

t h e means the Occupational Health

Occupational Health and and

Safety

Authority

Safety Authority established by established by article 4 of the

article 8 of the Occupational Health and Safety at Work Act;"

Health and Safety Authority

Act;"

" "work place" and

" "work place" and

"officer" shall have the same "officer" shall have the same

meaning assigned to them in the meaning assigned to them in the

Occupational Health and Safety Health and Safety at work Act."

Authority Act."

marginal note

"Cap. 424."

"Cap. 646."

in

article

546(3A)(c)

P o r t Wo r k e r s

regulation

" any obligation imposed by

"with any obligation imposed

Regulations –

46(1)(b)

the Occupational Health and by the Health and Safety at Work

Safety Authority Act or by any Act or by any regulations made

regulations made thereunder." thereunder."

marginal note

"Cap. 424."

"Cap. 646."

in

regulation

46(1)(b)

Social Security

article 28(6)

"Occupational Health and

"Health and Safety at Work

Act – Cap. 318

Safety Authority Act"

Act"

marginal note

"Cap. 424."

"Cap. 646."

in article 28(6)

proviso

to

"Occupational Health and

"Health and Safety at Work

article 28(6)

Safety Authority Act"

Act"

marginal note

"Cap. 424."

"Cap. 646."

i n t he p r ov iso to

article 28(6)

article

"Occupational Health and

"Health and Safety at Work

103(1)(b)

Safety Authority Act"

Act"

marginal note

"Cap. 424."

"Cap. 646."

in article 103(1)(b)

Nuclear Safety

regulation 3

" "Appeals Board" shall

" "Tribunal" shall have the

and

Radiation

have the same meaning as is same meaning as is assigned to it

Protection

assigned to it by article 2 of the by article 2 of the Health and

Regulations –

Occupational Health and Safety Safety at Work Act;"

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"Appeals Board"

regulation 3

" "radiation employer" shall

" "radiation employer" shall

have the same meaning as is have the same meaning as is

a s s i g n e d t o t h e w o r d assigned to the word "employer"

"employer" by article 2 of the by article 2 of the Health and

Occupational Health and Safety S a f e t y a t Wo r k A c t a n d

Authority Act and includes:"

includes:"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"radiation

employer"

regulation 3

" "the Occupational Health

" "Occupational Health and

and Safety Authority set up in S a f e t y A u t h o r i t y s e t u p i n

t e r m s o f t h e O c c u p a t i o n a l accordance with the Health and

Health and Safety Authority Safety at Work Act as regards the

Act as regards the protection of p r o t e c t i o n o f w o r k e r s f r o m

w o r k e r s f r o m e x p o s u r e t o exposure to radiation sources at

radiation sources at work"

work"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"regulatory

authority"

regulation 3

" "worker" shall have the

" "worker" shall have the

same meaning as is assigned to same meaning as assigned to it

i t b y a r t i c l e 2 o f t h e by article 2 of the Health and

Occupational Health and Safety Safety at Work Act."

Authority Act."

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"worker"

regulation

"Part

IV

of

the

"Part V of the Health and

9(3)(h)

Occupational Health and Safety Safety at Work Act;"

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in

regulation

9(3)(h)

Wo r k

Places

regulation 2

"Occupational Health and

"Health and Safety at Work

(Extension

of

Safety Authority Act"

Act"

Definition) Order –

marginal note

"Cap. 424."

"Cap. 646."

in regulation 2

Wo r k

Places

regulation 2

" "Act" means the

" "Act" means the Health and

(Health, Safety and

Occupational Health and Safety Safety at Work Act;"

Welfare) Regulations

Authority Act;"

– S.L. 424.09

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"Act"

Protection of

regulation 2

" "Act" means the

" "Act" means the Health and

Yo u n g P e r s o n s a t

Occupational Health and Safety Safety at Work Act;"

Places

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"Act"

Protection of

regulation 4(3)

"Occupational Health and

"Health and Safety at Work

M a te r ni t y at Wo r k

Safety Authority Act"

Act"

Places Regulations –

marginal note

"Cap. 424."

"Cap. 646."

in regulation 4(3)

regulation 4(4)

"Occupational Health and

"Health and Safety at Work

Safety Authority Act"

Act"

marginal note

"Cap. 424."

"Cap. 646."

in regulation 4(4)

item 2 of Part A

"Protection of Workers from

"Protection of Workers from

of

the

F i r s t Risks related to Exposure to Risks related to Exposure to

Schedule

Biological Agents at Work B i o l o g i c a l A g e n t s a t Wo r k

Regulations (S.L. 424.25)"

Regulations (S.L. 646.17)"

paragraph (b) of

"Protection of Workers from

"Protection of Workers from

item 3 of Part A of the Risks related to Exposures the Risks related to Exposures

the First Schedule to Carcinogens or Mutagens at to Carcinogens or Mutagens at

Wo r k R e g u l a t i o n s ( S . L . Work Regulations (S.L. 646.14)"

424.22)"

Part B of the

"Protection of Workers from

"Protection of Workers from

First Schedule

the Risks related to Exposures to the Risks related to Exposures to

Carcinogens or Mutagens at Carcinogens or Mutagens at Work

Wo r k R e g u l a t i o n s ( S . L . Regulations (S.L. 646.14)"

424.22)"

item 2 of Part A

"Occupational Health and

"Health and Safety at Work

of Section A of the Safety Authority Act (Cap. Act (Cap. 646.)"

Second Schedule

424)"

Work Place (First

regulation 2(1)

" "Act" means the

" "Act" means the Health and

Aid) Regulations –

Occupational Health and Safety Safety at Work Act"

Authority Act"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"Act"

Minimum Health

regulation 2(1)

" "Act" means the

" "Act" means the Health and

Safety

Occupational Health and Safety Safety at Work Act;"

Requirements for

Authority Act;"

Work with Display

marginal note

"Cap. 424."

"Cap. 646."

Screen Equipment in the definition

"Act"

Place

regulation 4

" "Act" means the

" "Act" means the Health and

(Minimum Health

Occupational Health and Safety Safety at Work Act;"

Safety

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in regulation 4

marginal note

"S.L. 424.16."

"S.L. 646.09."

in regulation 5

marginal note

"S.L. 424.13."

"S.L. 646.06."

in regulation 9

Place

regulation 2(1)

" "the Act" means the

" "the Act" means the Health

(Provision of Health

Occupational Health and Safety and Safety at Work Act;"

and, or Safety Signs)

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"Act"

Protection against

regulation 3

" "Act" means the

" "Act" means the Health and

Risks of Back Injury

Occupational Health and Safety Safety at Work Act"

a t Wo r k P l a c e s

Authority Act"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"Act"

marginal note in

"S.L. 424.18."

"S.L. 646.11."

regulation 6

regulation 3 (1)

"Occupational Health and

"Health and Safety at Work

Provisions for Health - d e f i n i t i o n o f Safety Authority Act"

Act"

and Safety at Work "Act"

Places Regulations –

marginal note

"Cap. 424."

"Cap. 646."

in regulation 3 (1)

regulation 3 (1)

" "occupational health and

" "officer" means a health

- d e f i n i t i o n o f safety officer" and "officer" a n d s a f e t y a t w o r k o f f i c e r

"occupational

mean an occupational health appointed in accordance with

health and safety and safety officer appointed in article 18 of the Act and who is

officer"

a n d terms of article 15 of the Act;" in possession of a certificate of

"officer"

appointment

issued

in

accordance with the said article

18 of the Act;"

regulation 3 (1)

" "workers’ health and

" "workers’ health and safety

- definition of safety representative" and r e p r e s e n t a t i v e "

and

" wo rk e rs ’ he a lth " r e p r e s e n t a t i v e ' ' m e a n a "representative" mean a person,

and

s a f e t y workers’ he alth and safe ty elected, chosen or designated, as

representative" and representative appointed in prescribed in regulations, to

"representative''

terms of article 6(4) of the Act." represent workers on all matters

relating to the promotion and

protection of their health or

s a f e t y a t w o r k ap p oi nt e d i n

accordance with the Act."

Control of Major

regulation 2(1)

"Occupational Health and

"Health and Safety at Work

A c c i d e n t H a z a r d - d e f i n i t i o n o f Safety Authority Act"

Act"

"Act"

marginal note

"Cap. 424."

"Cap. 646."

in regulation 2(1)

regulation 15(6)

"Occupational Health and

"Health and Safety at Work

Safety Authority Act"

Act"

"Cap. 646."

marginal note

"Cap. 424."

in regulation 15(5)

Minimum

regulation 2(1)

"Occupational Health and

"Health and Safety at Work

Requirements for the - d e f i n i t i o n o f Safety Authority Act"

Act"

U s e o f P e r s o n a l "Act"

Protective Equipment

marginal note

"Cap. 424."

"Cap. 646."

at Work Regulations in regulation 2(1)

– S.L. 424.21

regulation 2 -

" "Workers’ Health and " "Workers’ Health and Safety

definition

o f Safety Representative" and Representative" and

"Workers’ Health " R e p r e s e n t a t i v e ' ' m e a n a "Representative'' mean a person,

and

S a f e t y Workers’ Health and Safety

elected, chosen or designated, as

Representative" and Representative appointed in

prescribed in regulations, to

"Representative''

terms of article 6(4) of the Act."

represent workers on all matters

relating to the promotion and

protection of their health or safety

at work."

regulation 4

"by article 6(2) of the Act."

"by article 12(2) of the Act."

regulation 16

"Without prejudice to article

"Without prejudice to article

6(3) of the Act"

12(3) of the Act"

regulation 17

"article 6(4) of the Act"

"article 12(4) of the Act"

marginal note in

"S.L. 424.18."

"S.L. 646.11."

regulation 17

Protection of

regulation 2-

"Occupational Health and

"Health and Safety at Work

Wo r k e r s f r o m t h e definition of "Act" Safety Authority Act"

Act"

Risks related to

marginal note

"Cap. 424."

"Cap. 646."

Exposure

t o in regulation 2

Carcinogens

or

Mutagens

or

Reprotoxic

Substances at Work

Regulations –

Protection of

regulation 2-

"Occupational Health and

"Health and Safety at Work

Wo r k e r s f r o m t h e definition of "Act" Safety Authority Act"

Act"

Risks related to

marginal note

"Cap. 424."

"Cap. 646."

Exposure to Asbestos in regulation 2

at Work Regulations

– S.L. 424.23

Protection of the

regulation 2

" "Act" means the

" "Act" means the Health and

Health and Safety of

Occupational Health and Safety Safety at Work Act;"

Wo r k e r s f r o m t h e

Authority Act;"

Risks related to

Chemical Agents at

Work Regulations –

marginal note

"Cap. 424."

"Cap. 646."

in regulation 2

regulation 2

""Aut hor it y" mea ns the

""Authority" means the

Occupational Health and Safety Occupational Health and Safety

Authority established by virtue Authority established by virtue

of article 8 of the Act;"

of article 4 of the Act;"

"An

employer

shall

regulation 5(2)

"An employer shall

i m p l e m e n t t h e m e a s u r e s implement the measures referred

referred to in the first part of t o i n t h e f i r s t p a r t o f s u b -

sub-regulation (1) on the basis regulation (1) on the basis of the

of the requirements of article requirements of article 12(2) of

6(2) of the Act."

the Act."

Protection of

regulation 2

""Act"

means

the

""Act" means the Health and

Workers from Risks

Occupational Health and Safety Safety at Work Act;"

related to Exposure to

Authority Act;"

Biological Agents at

marginal note

"Cap. 424."

"Cap. 646."

Work Regulations – in definition "Act"

regulation 2

""Aut h or i ty " me an s t he

""Authority" means the

Occupational Health and Safety Occupational Health and Safety

Authority established by virtue Authority established by virtue

of article 8 of the Act;"

of article 4 of the Act;"

Protection of

regulation 2

""Act"

means

the

""Act" means the Health and

Wo r k e r s i n t h e

Occupational Health and Safety Safety at Work Act;"

Mineral Extracting

Authority Act;"

Industri es t hrough

marginal note

"Cap. 424."

"Cap. 646."

Drilling and Workers in definition "Act"

in Surface and

regulation 2

""Aut h or i ty " me an s t he

""Authority" means the

Underground Mineral

Occupational Health and Safety Occupational Health and Safety

Extracting Industries

Authority established by virtue Authority established by article 4

Regulations -

of article 8 of the Act;"

of the Act;"

regulation 2

" "workers’ health and

" "workers’ health and safety

s a f e t y r e p r e s e n t a t i v e " a n d representative" means a person,

" r e p r e s e n t a t i v e ' ' m e a n a elected, chosen or designated, as

workers’ he alth and safe ty prescribed in regulations, to

representative appointed in represent workers on all matters

terms of article 6(4) of the Act." relating to the promotion and

protection of their health or

safety at work."

regulation 4

"In the fulfilment of the

"In the fulfilment of the

principles prescribed under p r i n c i p l e s p r e s c r i b e d u n d e r

article 6 of the Act and under article 12 of the Act and under

regulation 4 of the General r e g u l a t i o n 4 o f t h e G e n e r a l

Provisions, it shall be the duty Provisions, it shall be the duty of

of a n employer to take the a n e m p l o y e r t o t a k e t h e

necessary measures to ensure necessary measures to ensure

that

that

(a) workplaces are designed, (a) workplaces are designed,

constructed,

equipped, constructed,

equipped,

commissioned, operated and commissioned, operated and

maintained in such a way that maintained in such a way that

workers can perform the work workers can perform the work

assigned to them without assign ed to them withou t

endangering their health and endangering their health and

safety and, or the health and safety and, or the health and

safety of other workers;

safety of other workers;

(b) the operation of work places (b) the operation of work places

when workers are present takes when workers are present takes

place under the supervision place under the supervision

of a person in charge;

of a person in charge;

(c) work involving a special (c) work involving a special risk

r i s k i s e n t r u s t e d o n l y t o is entrusted only to competent

competent workers and carried w o r k e r s a n d c a r r i e d o u t i n

out in accor dance with the accordance with the instructions

i n s t r u c t i o n s g i v e n b y t h e given by the employer;

employer;

(d) all safety information,

(d) all safety information, instruction, training and

instruction, training and supervision is provided in

supervision is provided in s u c h a m a n n e r t h a t i s

such a manner that is c o m p r e h e n s i b l e t o a l l t h e

c o m p r e h e n s i b l e t o a l l t h e workers concerned;

workers concerned;

(e) appropriate first-aid facilities

(e)

a p pr o p r i a t e f i r s t - a i d are provided;

facilities are provided;

(f) safety drills are performed at

(f) safety drills are performed at regular intervals."

regular intervals."

regulation 5(4)

"The health and safety

"The health and safety

document shall be made document shall be made

a c c e s s i b l e t o t h e w o r k e r s ’ accessible to the workers’ health

health and safety representative and safety representative referred

referred to in article 6(4) of the to in the Act or to any other

Act or to any other person with person with specific functions in

specific functions in protecting protecting the health and safety

t h e h e a l t h a n d s a f e t y o f of workers."

workers."

Wo r k

Place

regulation 2

" "Act" means the

" "Act" means the Health and

(Minimum

Occupational Health and Safety Safety at Work Act;"

Requirements for

Authority Act;"

Wo r k ) ( C o n f i n e d

Spaces and Spaces

having Explosive

Atmospheres)

Regulations –

marginal note

"Cap. 424."

"Cap. 646."

in definition "Act"

regulation 2

" "Authority" means the

" "Authority" means the

Occupational Health and Safety Occupational Health and Safety

Authority established by article Authority established by article 4

8 of the Act;"

of the Act;"

Wo r k

Place

regulation 2

" "the Act" means the

" "Act" means the Health and

(Minimum Health

Occupational Health and Safety Safety at Work Act;"

and

Safety

Authority Act;"

Requirements for the

marginal note

"Cap. 424."

"Cap. 646."

Protection of Workers i n t h e d e f i n i t i o n

from Risks resulting "Act"

from Exposure to

regulation 2

" "the Authority" means the

" "Authority" means the

Noise) Regulations –

Occupational Health and Safety Occupational Health and Safety

Authority established by article Authority established by article 4

8 of the Act"

of the Act"

Wo r k

Place

regulation 2

" "the Act" means the

" "Act" means the Health and

(Minimum Health

Occupational Health and Safety Safety at Work Act;"

and

Safety

Authority Act;"

Requirements for the

marginal note

"Cap. 424."

"Cap. 646."

Protection of Workers in in the definition

from Risks resulting "Act"

from Exposure to

regulation 2

"the Authority" means the

"Authority" means the

Vi b r a t i o n )

Occupational Health and Safety Occupational Health and Safety

Regulations –

Authority established by article Authority established by article 4

8 of the Act;"

of the Act;"

Wo r k

Place

regulation 2

"the Act" means the

"Act" means the Health and

(Minimum Health

Occupational Health and Safety Safety at Work Act;"

and

Safety

Authority Act;"

Requirements for the

marginal note

"Cap. 424."

"Cap. 646."

Protection of Workers i n t h e d e f i n i t i o n

from Risks resulting "the Act"

from Exposure to

regulation 2

"the Authority" means the

"Authority" means the

Artificial Optical

Occupational Health and Safety Occupational Health and Safety

Radiation)

Authority established by article Authority established by article 4

Regulations –

8 of the Act"

of the Act"

Wo r k

Place

regulation 2

" "Act" means the

" "Act" means the Health and

(Minimum Health

Occupational Health and Safety Safety at Work Act;"

and

Safety

Authority Act;"

Requirements for the

marginal note

"Cap. 424."

"Cap. 646."

Protection of Workers i n t h e d e f i n i t i o n

from Risks resulting "Act"

from Exposure to

regulation 2

" "Authority" means the

" "Authority" means the

Electromagnetic

Occupational Health and Safety Occupational Health and Safety

Fields) Regulations –

Authority;"

Authority established by article 4

of the Act;"

Work Equipment

regulation 2

" "the Act" means the

" "Act" means the Health and

(Minimum Safety and

Occupational Health and Safety Safety at Work Act;"

Health Requirements)

Authority Act;"

Regulations –

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"the Act"

regulation 2

" "Authority" means the

" "Authority" means the

Occupational Health and Safety Occupational Health and Safety

Authority established by article Authority established by article 4

8 of the Act;"

of the Act;"

Inspection of

regulation 2(1)

"Without prejudice to more

"Without prejudice to more

Lifts Regulations –

stringent and, or specific stringent and, or specific

provisions contained in provisions contained in

regulations issued by virtue of regulations issued by virtue of

the Occupational Health and the Health and Safety at Work

Safety Authority Act and other Act and other regulations issued

regulations issued by virtue of by virtue of the Product Safety

the Product Safety Act, these Act, these regulations shall apply

regulations shall apply to all to all installed existing and new

installed existing and new lifts lifts used in a workplace."

used in a workplace."

marginal note

"Cap. 424."

"Cap. 646."

in regulation 2(1)

regulation 3

" "employer" means an

" "employer" means an

employer as defined by the e m p l o y e r a s d e f i n e d b y t h e

Occupational Health and Safety Health and Safety at Work Act;"

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"employer"

regulation 3

" "OHSA" means the

" "OHSA" means the

Occupational Health and Safety Occupational Health and Safety

Authority, as established by the Authority, as established by the

Occupational Health and Safety Health and Safety at Work Act;"

Authority Act;"

marginal note

"Cap. 424."

"Cap. 646."

in the definition

"OHSA"

Mutual

Schedule

-

"Occupational Health and

"Health and Safety at Work

Recognition

o f u n d e r t h e t h i r d Safety Authority Act, Cap. Act, Cap. 646"

Qualifications Act – column bearing the 424"

heading

"Legislation"

Employment and

article 9

"the provisions of the

"the provisions of the Health

Industrial Relations

Occupational Health and Safety and Safety at Work Act and any

Act – Cap. 452

A u t h o r i t y A c t a n d a n y regulations issued thereunder"

regulations issued thereunder"

marginal note

"Occupational health and

"Health and safety at work.

in article 9

safety. Cap. 424."

Cap. 646."

Organisation of

regulation 9(3)(a)

"pursuant to article 6 of the

"pursuant to article 12 of the

Wo r k i n g

Ti m e

O c c u p a t i o n a l H e a l t h a n d Occupational Health and Safety

Regulations –

Safety Authority Act;"

Authority Act;"

marginal note in

"Cap. 424."

"Cap. 646."

regulation 9(3)(a)

marginal note in

"S.L. 424.18."

"S.L. 646.11."

regulation 12

Digital Platform

article 13

"Occupational Health and

"Health and Safety at Work

D e l i v e r y Wa g e s

Safety Authority Act"

Act"

Council

Wa g e

marginal note in

"Cap. 424."

"Cap. 646."

Regulation Order –

article 13

article 18(2)

"Occupational Health and

"Health and Safety at Work

Safety Authority Act"

Act"

marginal note in

"Cap. 424."

"Cap. 646."

article 18(2)

Public Health Act –

proviso to article

"Occupational Health and

"Health and Safety at Work

Safety Authority Act"

Act"

marginal note

"Cap. 424."

"Cap. 646."

i n t he pr o viso to

article 3

regulation 2

" "hierarchy of measures"

" "hierarchy of measures"

Prevention of Sharp

means the order of effectiveness means the order of effectiveness

Injuries in Hospitals

of measures taken to avoid, of m easures t aken t o av oid ,

and Health Care

eliminate and reduce risks as eliminate and reduce risks as

defined in article 6(2) of the defined in article 12(2) of the

Establishments Order

Occupational Health and Safety Health and Safety at Work Act;"

– S.L. 465.11

Authority Act;"

marginal note in

"Cap. 424."

"Cap. 646."

the

definition

"hierarchy

of

measures"

regulation 2

" "workers’ representatives"

" "workers’ representatives"

and "wor ker s hea lt h and and "workers health and safety

safety representatives" shall representatives" shall have the

h a v e t h e s a m e m e a n i n g a s same meaning as prescribed in the

prescribed in the Occupational Health and Safety at Work Act

Health and Safety Authority a n d

relative subsidiary

Act and relative subsidiary legislation;"

legislation;"

marginal note in

"Cap. 424."

"Cap. 646."

the

definition

"workers’

representatives"

and

"workers

health and safety

representatives"

marginal note in

"S.L. 424.25."

"S.L. 646.17."

regulation 14(a)

Chemicals Co-

Schedule I(e)

"An official responsible for

"An official responsible for

Ordinating Committee

occupational health and safety," health and safety at work,"

Regulations –

Waste Management

marginal note in

"S.L. 424.19"

"S.L. 646.12."

( M a n a g e m e n t o f regulation 8(1)

Waste from Extractive

marginal notes in

"S.L. 424.26"

"S.L. 646.18."

Industries

a n d regulation 8(2)

Backfilling)

Regulations –

"S.L. 424.19"

"S.L. 646.12."

marginal note in

"S.L. 424.19"

"S.L. 646.12."

regulation 8(4)

marginal note in

"S.L. 424.19"

"S.L. 646.12."

regulation 8(6)

marginal note in

"S.L. 424.19"

"S.L. 646.12."

regulation 8(7)

Waste Regulations

regulation 4

" "industrial waste" means waste " "industrial waste" means waste

– S.L. 549.63

from any of the following

from any of the following

premises: (a) any work place as premises: (a) any work place as

defined in article 2(1) of the

defined in article 2 of the Health

Occupational Health and Safety and Safety at Work Act;

Authority Act;

(b) any premises used for the

(b) any premises used for the

purposes of, or in connection

purposes of, or in connection

with, the provision to the public

with, the provision to the public of transport services by land,

of transport services by land,

water or air;

water or air;

(c) any premises used for the

(c) any premises used for the

purposes of, or in connection

purposes of, or in connection

with, the supply to the public of

with, the supply to the public of gas, water or electricity or the

gas, water or electricity or the

provision of sewerage services; or

provision of sewerage services; (d) any premises used for the

or

purposes of, or in connection

(d) any premises used for the

with, the provision to the public

purposes of, or in connection

of postal or telecommunications

with, the provision to the public services;"

of postal or telecommunications

services;"

marginal note in

"Cap. 424."

"Cap. 646."

the

definition

"industrial waste"

Industrial

regulation

"the Authority responsible for

"the Authority responsible for

Emissions (Integrated 19(2)(g)

Occupational Health and Safety" health and safety at work"

Pollution Prevention

marginal note in

"S.L. 424.19."

"S.L. 646.12."

and

C o n t r o l ) regulation 19(2)(g)

Regulations –

Assignment of

Item in the

"Occupational Health and

"Health and Safety at Work Act

Statutory Ministerial Schedule under the Safety Authority Act (Cap. (Cap. 646.)"

Responsibilities Act – h e a d i n g

o n 424)"

Economic Policy

Item in the

"Occupational Health and

"Health and Safety at Work Act

Schedule under the Safety Authority Act (Cap. (Cap. 646.)"

heading on Finance 424.)"

Item in the

"Occupational Health and

"Health and Safety at Work Act

Schedule under the Safety Authority Act (Cap. (Cap. 646.)"

heading on Health 424.)"

Item in the

"Occupational Health and

"Health and Safety at Work Act

Schedule under the Safety Authority Act (Cap. (Cap. 646.)"

heading

o n 424.)"

Occupational

Health and Safety

Wo r k - B a s e d

article 14(3)(n)

"the Occupational Health and "the Health and Safety at Work

Learning

and

Safety Authority Act"

Act"

Apprenticeship Act –

marginal note

"Cap. 424."

"Cap. 646."

in article 14(3)(n)

Item 3(e) of

"occupational health and

"health and safety at work"

Schedule 2 (B) – safety"

Tr a i n i n g

Agreements for

Apprenticeship

Basic

Safety

marginal note in

"S.L. 424.11."

"S.L. 646.07."

Standards for Ionising regulation 10

Radiation Regulations

marginal note in

"S.L. 424.14."

"S.L. 646.05."

– S.L. 585.01

regulation 19

Public

Sixth Schedule

"Occupational Health and

"Health and safety at work

Administration Act –

Safety Officers"

officers"

Construction

Schedule II A 1

"Occupational Health and

"Health and Safety at Work

Industry Licensing (g)

Safety Authority Act"

Act"

Regulations –

marginal note

"Cap. 424."

"Cap. 646."

in Schedule II A 1

(g)

Schedule II B 1

"Occupational Health and

"Health and Safety at Work

(g)

Safety Authority Act"

Act"

marginal note in

"Cap. 424."

"Cap. 646."

Schedule II B 1(g)

Schedule II C

"Occupational Health and

"Health and Safety at Work

1(g)

Safety Authority Act"

Act"

marginal note in

"Cap. 424."

"Cap. 646."

Schedule II C 1(g)

Second Schedule

Subsidiary Legislation deemed to have been made under this Act

Subsidiary Legislation

Current Number

New Renumbering to

be Given

Wo r k P l a c e s ( E x t e n s i o n o f

S.L 424.02

S.L 646.01

Definition) Order

Dock Safety Regulations

Work Places (Health, Safety and

Welfare) Regulations

Protection of Young Persons at

S.L. 424. 10

Work Places Regulations

Protection of Maternity at Work

Places Regulations

Work Place (First Aid) Regulations

S.L. 424. 13

Minimum Health and Safety

Requirements for Work with Display

Screen Equipment Regulations

Work Place (Minimum Health and

Safety Requirements) Regulations

Work Place (Provision of Health

and, or Safety Signs) Regulations

Protection against Risks of Back

Injury at Work Places Regulations

General Provisions for Health and

Safety at Work Places Regulations

Control of Major Accident Hazard

Regulations

Minimum Requirements for the

Use of Personal Protective Equipment

at Work Regulations

Protection of Workers from the

Risks related to Exposure to

Carcinogens or Mutagens or

Reprotoxic Substances at Work

Regulations

Protection of Workers from the

Risks related to Exposure to Asbestos

at Work Regulations

Protection of the Health and Safety

of Workers from the Risks related to

Chemical Agents at Work Regulations

Protection of Workers from Risks

related to Exposure to Biological

Agents at Work Regulations

P r o t e c t i o n o f Wo r k e r s i n t h e

Mineral Extracting Industries through

Drilling and Workers in Surface and

Underground Mineral Extracting

Industries Regulations

Wo r k

Place

(Minimum

Requirements for Work) (Confined

Spaces and Spaces having Explosive

Atmospheres) Regulations

Work Place (Minimum Health and

Safety Requirements for the

Protection of Workers from Risks

resulting from Exposure to Noise)

Regulations

Work Place (Minimum Health and

Safety Requirements for the

Protection of Workers from Risks

resulting from Exposure to Vibration)

Regulations

Work Place (Minimum Health and

Safety Requirements for the

Protection of Workers from Risks

resulting from Exposure to Artificial

Optical Radiation) Regulations

Work Place (Minimum Health and

Safety Requirements for the

Protection of Workers from Risks

resulting from Exposure to

Electromagnetic Fields) Regulations

Work Equipment (Minimum Safety

and Health Requirements)

Regulations

Work Place (Minimum Health and

Safety Requirements for Work at

Construction Sites) Regulations

Passed by the House of Representatives at Sitting No. 258 of the

15th July, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€11.25