OCCUPATIONAL HEALTH AND SAFETY AUTHORITY ACT *

CHAPTER 424

OCCUPATIONAL HEALTH AND SAFETY

AUTHORITY ACT *

AN ACT to provide for the establishment of an Authority to be known as

the Occupational Health and Safety Authority, an Occupational Health and

Safety Appeals Board, and for the exercise by or on behalf of that Authority

of regulatory functions regarding resources relating to Occupational

Health and Safety and to make provision with respect to matters connected

therewith or ancillary thereto.

3rd May, 2001

29th January, 2002

ACT XXVII of 2000 , as amended by Act XXXII of 2007 ; Legal

Notice 426 of 2007 ; Act X of 2013 and XXVII of 2019.

PART I

Preliminary

The short title of this Act is the Occupational Health and

Safety Authority Act.

(1)

In this Act, unless the context otherwise requires:-

"Appeals Board" means the Occupational Health and Safety

Appeals Board established by article 21(1);

"Authority" means the Occupational Health and Safety Authority

established by article 8(1);

"Chairperson" means the Chairperson of the Authority;

"Chief Executive" means the Chief Executive Officer appointed

under article 10;

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

written or illustrated form of practical guidance, instruction or

control;

"disciplined force" shall have the same meaning as is assigned to it

by article 47 of the Constitution and shall include the Civil Protection

Department established by the Civil Protection Act;

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

performed by a worker or who has an employment relationship with

a worker, and includes a contractor or subcontractor who performs

work or supplies 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 to such extent as

regards any tools, materials or equipment provided by

them with regard to any defects thereof or therein

*This Act has been repealed by Act XXXIII.2024.46.

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;

"financial year" means any period of twelve months ending on

the 31st December

Provided that the financial year which commenced on the 1st

October, 2007 shall be for a period of fifteen months and shall

terminate on the 31st December, 2008;

''House'' means the House of Representatives;

"Minister" means the Minister responsible for occupational

health and safety;

"officer" means an Occupational Health and Safety Officer

appointed under article 15(1), and furnished with 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;

"prescribed" means prescribed by regulations made under this

Act;

"President" means the President of the Appeals Board;

"public officer" in relation to article 24, has the same meaning

assigned to it by article 124 of the Constitution, but does not

include a judge of the Superior Courts or a magistrate of the

Inferior Courts;

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

product or result, 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, and includes a trainee, an apprentice and a

self-employed person, but shall not include the crew of a vessel

registered in Malta or any other person employed thereon as part of

the ship 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 occupational health or safety;

"work place" means any premises, place, facility, vessel or other

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

o u t o r t o w h i c h t h e w or ke r h a s a c c e s s i n t h e c o u r s e o f h i s

employment, and without prejudice to the generality of the

foregoing, shall include a vehicle or vessel where such vessel 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.

(2) In this Act words importing the masculine gender shall

include females, and this inclusion shall extend to all grammatical

variations and cognate expressions of the word.

This Act shall apply to all work places and to all sectors of

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

shall not apply in the case of those activities carried out by members of

a disciplined force, 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 must be ensured 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

Principles and General Duties

(1) The protection of occupational health and safety is to

be considered of public interest.

(2) The Authority established by virtue of this Act shall be

responsible for ensuring that the physical, psychological and social

well being of all workers in all work places are promoted and to

ensure that they are safeguarded by whoever is so obliged to do.

It shall be the duty of the Authority to see that the levels of

occupational health and safety protection established by this Act

and by regulations made under this Act are maintained.

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

and safety at all times of all persons who may be affected by the

work being carried out for such employer

Provided that where in pursuance of the foregoing an

employer enlists competent external services or persons, the

employer shall not be discharged from such incumbent duties

arising out of this Act and out of regulations made under this Act

Provided further that the workers’ obligations in the field

of occupational health and safety shall not affect the principle of

the responsibility of the employer.

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

prevent physical and psychological occupational ill-health, injury

or death, shall be taken on the basis of the following general

principles of prevention, that is by -

(a) the avoidance of risk;

(b) the identification of hazards associated with work;

(c) the evaluation of those risks which cannot be avoided;

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

avoided;

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

as much as reasonably practicable, including the

replacement of the hazardous by the non-hazardous or

by the less hazardous;

(f)

giving collective protective measures priority over

individual protective measures;

(g) adapting the work to the worker, particularly in so far

as the design of work places, 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

occupational health and safety; and

(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.

(3) Without prejudice to the generality of the preceding

subarticle (2), it shall be the duty of an employer to provide such

information, instruction, training and supervision as is required to

ensure occupational health and safety.

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

places wherein a sufficient number of workers are employed, 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 occupational

health and safety.

(1) It shall be the duty of every worker to safeguard one’s

own health and safety and that of other persons who can be affected

by reason of the work which is carried out.

(2) It shall be the duty of every worker to co-operate with the

employer and with the Health and Safety Representative or

Representatives at the work place on all matters relating to health

and safety.

PART III

Establishment, Functions and Conduct of the Authority

(1) There is hereby established an authority which shall be

known as the Occupational Health and Safety Authority.

(2)

The Authority shall consist of nine members, as follows

(a) a Chairperson, appointed by the Minister;

(b) the Director of Industrial and Employment Relations,

ex officio, as Deputy Chairperson;

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

in occupational health and, or safety;

(d) a person appointed by the Minister responsible for

health;

(e) a person appointed by the Minister responsible for

economic affairs;

(f)

two members appointed by the Minister to represent

the interests of workers, following consultation with

such body or bodies as the Minister may from time to

time consider to be the principal representatives of

workers;

(g) two members appointed by the Minister to represent

the interests of employers, following consultation with

such body or bodies as the Minister may from time to

time consider to be the principal representatives of

employers.

(3) The Minister shall appoint a person to be the Secretary of

the Board.

(4) The Chairperson and the other members of the Authority

shall hold office for a period of two years, but the members so

appointed may be re-appointed on the expiration 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 such member shall end on the same date as that of

the other members.

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

of the Authority, if the person:-

(a) is a Minister or a Parliamentary Secretary; or

(b) is legally incapacitated; or

(c) has been declared bankrupt or has made a composition

or arrangement with his/her creditors; or

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

theft or fraud or knowingly receiving property

obtained by theft or fraud, or of any offence against

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 Authority

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.

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

member of the Authority shall become vacant -

(a) at the expiration of the term of office, or

(b) if any circumstances arise that, if that person were not

a member of the Authority, would cause that person to

be disqualified for appointment as such.

(7) A member of the Authority may be removed from office by

the Minister if, in the opinion of the Minister, such member is unfit

t o c o n t i n u e i n o ff i c e o r h a s b e c o m e i n c a p a b l e o f p r o p e r l y

performing the duties as a member.

(8) If a member resigns or if the office of a member of the

Authority 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 to be a member to

be a temporary member of the Authority; and any person so

appointed shall, subject to the provisions of subarticles (5) and (6),

cease to be such a member when a person has been appointed to fill

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

unable to perform the functions of the office resumes those

functions.

(9) Any member of the Authority 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 Authority after the relevant facts have

come to that member’s knowledge; such 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. Where the interest of

the member is such as to disqualify that member from remaining a

member, he/she shall report the fact immediately to the Minister

and tender his/her resignation.

(10) The appointment of any person as a member of the

Authority and the termination of office or resignation of any such

person, as well as any add itional functions assigned to the

Authority by the Minister, shall be notified in the Gazette, and it

shall have effect forthwith

Provided that failure to publish the appointment or

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

the validity of such appointment or termination.

(1) The Authority shall have such functions in respect of

its structures as are set out in this Act and such other functions as

may devolve upon it under any other law, or as may be assigned to

it by the Minister.

(2)

It shall be the function of the Authority to -

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

or orders made thereunder;

(b) establish strategies in consultation with the Chief

Executive Officer, by which the general national

policy relating to occupational health and safety,

indicated to it by the Minister, may be implemented;

(c) advise the Minister regarding the making of

regulations to promote, maintain and protect a high

level of occupational health and safety;

(d) monitor compliance with relevant occupational health

and safety legislation and to take enforcement action;

(e) prepare regulations or Codes of Practice required to

promote, maintain and protect a high level of

occupational health and safety

Provided that the Authority may appoint for this

purpose, committees or sub-committees and it may co-

opt on such committees or sub-committees competent

persons from outside its membership, who, in the

opinion of the Authority, 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

subcommittee;

(f)

promote the dissemination of information regarding

occupational health and safety, and the methods

required to prevent occupational injury, ill health or

death;

(g) promote education and training on occupational health

and safety, and emergency and first aid response at

work places;

(h) collate and analyse data and statistics on occupational

injuries, ill health and deaths, and on matters ancillary

to occupational health and safety

Provided that the Authority may request data or

information on any matter related to occupational

health and safety, and such data or information shall be

provided forthwith

Provided further that any such data or

information shall be deemed to have been given and

received under the obligation of confidentiality;

(i)

keep registers of such plant, installations, equipment,

machinery, articles, substances, or chemicals and

intended for use at work which in the opinion of the

Authority provide a serious occupational health and

safety risk;

(j)

carry out any investigation on any matter concerning

occupational health and safety, including but not

limited to the investigation of any accident, 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 occupational health and safety

provided at any work place, and the duty of the

Authority to secure the enforcement of any provision

of this Act shall not be reason to debar the carrying out

of such investigations

Provided that the Authority may appoint

competent persons as far as possible from the register

mentioned in sub-paragraph (1) to assist it in any

investigations and to accompany its officials during an

investigation;

(k) promote and carry out scientific research aimed at

better methods of preventing occupational ill health,

injury, or death;

(l)

keep registers of persons competent to give advice on

matters related to occupational health and safety

Provided that the Authority may determine the

minimum qualifications required before the name of a

person may be entered into the register.

(3) The Authority shall take over, consolidate, and as

appropriate, expand the occupational health and safety inspectorate

a n d e n f o r c e m e nt f u n c t i o n s a n d s e r v i c e s c a r r i e d ou t b y t he

Government immediately before the date of coming into force of

article 8, and for this purpose such property, equipment, materials,

records and documents ancillary thereto are being hereby vested in

the Authority.

(4) The Authority shall establish co-operation 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 Authority may also undertake such other activity it

may deem necessary or expedient for the purposes of its functions

and objectives under this Act.

(6) 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 occupational health and safety.

(1) Subject to the other provisions of this Act, the affairs

and business of the Authority shall be the responsibility of the

Authority itself but save as aforesaid, the executive conduct of the

A u t h o r i t y, i t s a d m i n i s t r a t i o n a n d o r g a n i s a t i o n , a n d t h e

administrative control of its officers and employees shall be the

responsibility of the Chief Executive of the Authority, who shall

also have such other powers as may from time to time be delegated

by the Authority.

(2) The Chief Executive shall be appointed by the Minister in

consultation with the Authority, for a period of three years and such

period may be extended for further periods of three years each

Provided that where the Chief Executive is absent from

Malta or is otherwise temporarily unable to perform the functions

of that office, the Authority, in consultation with the Minister, shall

appoint an office of the Authority to assume the duties of Chief

Executive for the duration of such period during which the Chief

Executive is so absent or otherwise unable to perform those

functions.

(3) The Chief Executive shall attend all the meetings of the

Authority but shall not vote at such meetings.

(4) The Chief Executive shall be responsible for the

implementation of the objectives of the Authority in the exercise of

its functions and, without prejudice to the generality of the

foregoing, the Chief Executive shall

(a) be responsible for evaluating the implementation and

fulfilment of the Authority’s established goals, for the

efficient use of its resources, and resultant benefits,

and shall report directly to the Authority;

(b) develop

the

necessary

strategies

for

the

implementation of the objectives of the Authority;

(c) advise the Authority on any matter it may refer or on

any matter which is considered necessary or expedient;

and such other duties as the Authority may assign from

time to time.

(1) In the exercise of its functions, the Authority shall -

(a) give effect, as soon as practicable, to any direction, not

inconsistent with any provision of this Act, which the

Minister may give to the Authority in relation to the

policy to be followed by the Authority in the discharge

of its functions, and in relation to any matter which

appears to the Minister to affect occupational health

and safety;

(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, either on its own initiative or at the

r e q u e s t o f t h e M i n i s t e r, a d v i s e t h e M i n i s t e r o n a n y m a t t e r

concerning occupational health and safety.

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

meetings to the Minister as soon as may be after each meeting.

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

making regulations as provided in article 12

Provided that the Minister may set a reasonable time,

which shall be not less than fifteen days, for the receipt of advice

on proposed regulations, and if the Authority does not give its

advice within that time, the Minister may proceed to make those

regulations

Provided further that the Minister may, when the Minister

deems the matter to be urgent, give notice thereof to the Authority

and in such case the Authority shall give its advice within two days,

failing which the Minister may proceed to make the regulations.

(5) When the Minister receives advice on matters relating to

occupational health and safety from outside the Authority, the

Minister shall pass such advice to the Authority for its comments

thereon.

(1) The Minister may make regulations for safeguarding

occupational health and safety, for determining the precautions to

be taken for this purpose and generally for the purpose of carrying

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

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,

machine, device, article or thing used or intended to be

used in a work place;

(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 work;

(d) on the methods, standards or procedures for

determining the amount, concentration or level of any

physical, chemical or biological agent in a work place;

(e) concerning the protection of workers from the risks

related to exposure to chemical, physical and

biological agents at work;

(f)

on the notification, reporting and investigation of

deaths, diseases, injuries or other accidents or

incidents involving health and safety in a work place;

(g) on the hours a worker may be required to work;

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

device, material, chemicals, process, article or thing

whatsoever used or intended to be used in a work

place;

(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 such a right is exercisable;

(j)

on any other matter related to occupational health and

safety.

(2) Without prejudice to any matter aforesaid, regulations

made under 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;

(c) empower the Authority to require a license, certificate

or other requirement 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) The legal representation of the Authority shall jointly

vest in the Chairperson and the Chief Executive

Provided that the Authority may appoint any one or more

of its members or of the officers or employees of the Authority to

appear in the name and on behalf of the Authority in any judicial

proceedings and in any act, contract, instrument or other document

whatsoever.

(2) Any document purporting to be an instrument made or

issued by the Authority and signed by the Chairperson or by the

Chief Executive shall be received in evidence and shall, until the

contrary is proved, be deemed to be an instrument made or issued

by the Authority.

(1) The meetings of the Authority shall be called by the

Chairperson as often as may be necessary, but at least once a

month, either on his/her own initiative or at the request of any two

of the other members.

(2) Half the number of members for the time being

constituting the Authority 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 or other person appointed to act as

chairperson, shall have an initial vote and in the event of an

equality of votes, a casting vote. Without prejudice to the other

requirements of this Act, no decision shall be valid which is not

supported by at least two members of the Authority.

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

regulate its own procedure.

(4) Subject to the foregoing provisions of this article, no act or

proceeding of the Authority shall be invalidated merely be 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 Authority shall be valid as if that person were a

member notwithstanding that some defect in the appointment or the

qualification be afterwards discovered. No act or proceeding of the

Authority shall be questioned on the ground of the contravention,

by a member, of the provisions of article 8(9).

PART IV

Occupational Health and Safety Officers

(1) The Authority shall appoint Occupational Health and

Safety 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 means of proper

identification 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 the document of identification as an officer shall be

signed by the Chairperson.

(1) An officer shall have the following powers

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

(a) to enter freely and without previous notice in any work

place at any time of day or night;

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

force in the execution of the officer’s duties;

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

including the person, if such is the case, putting

forward the complaint, any employer or worker,

including any person acting on behalf of any employer

or carrying out work for such employer, on any of the

matters falling under this Act or under any regulations

made thereunder;

(d) to inspect any document the keeping of which is

prescribed by this Act or by any regulation made

thereunder, or any book, document, design, plan, or

list of technical specifications which may throw light

with regard to occupational health and safety at any

particular work place;

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

any object required for tests or as evidence of any

occupational accident, injury or disease, or of any

alleged violation of this Act or of any regulations

made thereunder;

(f)

to examine or see to the examination of work places

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 occupational health and safety, and to

ensure that such samples are preserved for use as

evidence in any proceedings taken in accordance with

this Act;

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

any period which may be reasonably required for the

purpose of any examination, investigation or

inspection referred to in the foregoing paragraphs;

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

equipment, machine, device, thing 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 the employer’s

expense -

(i)

a certificate signed by an architect and civil

engineer 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 occupational health of any worker

or any class of workers, which shall be presented

to a medical officer of the Authority;

(iv)

any information relative to occupational health

and safety, including information which refers to

protective measures;

(j)

to require any 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 occupational health and safety, 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; and

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

this Act, or for the purposes of any appeal to the

Appeals Board against an order by an officer, to

disclose to the Court or to the Appeals Board such

results or information received or collected during the

course of the investigations.

(2) An officer shall not enter a work place which is at the time

used as a dwelling house without the consent of the occupier, or

unless that officer is accompanied by a police officer not below the

rank of Inspector.

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

safeguard occupational health or safety, and every person shall

obey such order forthwith until such time as it is revoked by an

officer or until it has been revoked by the Appeals Board

Provided that the person who receives the order, whether

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

the charge of having disobeyed the order if one proves that

compliance with the order would have been of immediate detriment

to occupational health and safety

Provided further that any order given verbally shall be

confirmed in writing and served upon the person to whom it was

given within three working days.

(2)

(a) An officer may order that a work place or part of a

work place be barred, and may revoke any such order.

(b) When a work place or part thereof is barred, no person

s h a l l e n t e r t h e b a r r e d a r e a w i t h o u t a n o ff i c e r ’s

permission.

(3) Where an officer makes an order in writing under this

article, that officer m ay aff ix in the work place, o r on any

equipment, machine, device, article or thing, a copy thereof, and no

person except an officer shall remove such copy unless authorised

to do so by an officer.

(4) Where an officer makes an order in writing under this

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

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

shall forthwith cause a copy or copies thereof to be posted in a

conspicuous place or places at the work place where it is most

likely to come to the attention of workers.

(5) An officer shall not be required to hold or afford to an

employer, worker or other person an opportunity for a hearing

before making an order.

(1) Occupational Health and Safety Officers shall, for the

purposes of the Criminal Code, be deemed to be public officers.

(2) No person may threaten, insult, molest or disturb

inspectors in the performance of their duties, or knowingly give an

officer 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 work place or, in the case of personal monitoring

equipment, on a worker.

No action, disciplinary or otherwise, or other proceeding

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

Officer, 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 under this Act or

any regulation made thereunder.

Any person, whether such person is a worker, an employer

or a third person, who deems oneself aggrieved by an order given

by an officer, may appeal therefrom to the Appeals Board.

PART V

The Occupational Health and Safety Appeals Board

(1) There is hereby established an Appeals Board to be

known as the Occupational Health and Safety Appeals Board to

h ear and d ecid e u po n a ppe als from an y order o f an offi cer

appointed under this Act.

(2) Save as provided in this article, the Appeals Board shall

consist of a President and two other members who shall be

appointed as follows

(a) the President of the Appeals Board shall be one of a

panel of persons appointed by the Minister, being

persons who are advocates of at least seven years

experience, and such persons shall serve as President

either in turn or in accordance with such distribution

of duties, and subject to such provisions as to inability

to serve and other circumstances, as the persons on the

said panel may, with the approval of the Prime

Minister, establish;

(b) the two other members of the Appeals Board shall be

selected by the President of the Appeals Board from a

list of persons who are neither advocates nor legal

procurators, appointed by the Minister to serve as

Members of the Appeals Board as occasion may

require.

(3) No member of the Authority and no officer of the

Authority may be appointed on the Appeals Board.

(4) The names of persons appointed to serve as Presidents or

as members of the Appeals Board shall be notified in the Gazette.

(5) The Appeals Board shall consist of the President and two

members whenever the appeal concerns

(i)

an order relating to the barring in full of a work

place, or

(ii) orders relating to the prohibition of use of any

equipment,

machine,

plant,

installation,

substance, chemical or material which, were the

order to be implemented, results in the cessation

of all work activities, or

(iii) appeals by third persons that would involve the

barring in full of a work place or the cessation of

all work activities.

(6) Saving what is provided in subarticle (5), the Appeals

Board shall consist of the President alone, provided that each one

of the parties may request that the appeal be heard by an Appeals

Board made up of the President and two members, and such

requests shall be decided by the President alone during the

preliminary stages of the appeal as may be prescribed by

regulations which the Minister may make by virtue of subarticle

(11).

(7) The President shall have the right to administer the oath and

examine witnesses.

(8) The Appeals Board shall have the right to seek expert advice

as it may deem fit.

(9) The Minister may, from time to time, vary the composition

of the lists as provided in this article, but a person actually serving

as a member of the Appeals Board shall, notwithstanding the

removal of one’s name from the panel, continue to serve in the

proceedings as a member until the conclusion of those proceedings

and for the purpose of the interpretation of any decision given

therein

Provided that in the case of the death or other impossibility

of such member to continue hearing such a case, another person

shall be subrogated from the existing panel to hear the case.

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

of the Appeals Board.

(11) The Minister may make regulations prescribing the

procedure to be used for an appeal to be made to the Appeals Board

and to regulate the procedure to be used by the Appeals Board.

PART VI

Administrative and Financial provisions

Subject to the provisions of the Constitution of Malta and

of any other enactment applicable to or in connection thereto,

including this Act, the appointment of officers and other employees

of the Authority shall be made by the Chief Executive, and

a p p r o v e d b y t h e A u t h o r i t y. T h e t e r m s a n d c o n d i t i o n s o f

employment shall be determined by the Chief Executive with the

approval of the Authority and with the concurrence of the Minister.

The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may, in

accordance with article 22, determine, such officers and employees

of the Authority as may from time to time be necessary for the due

and efficient discharge of the functions of the Authority.

(1) The Prime Minister may, at the request of the

Authority, from time to time direct that any public officer shall be

detailed for duty with the Authority in such capacity and with

effect from such date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an

earlier date, or unless a different date is specified in the direction,

ceases to have effect after one year from the effective date of such

direction, unless the direction is revoked earlier by the Prime

Minister.

(1) Where any officer is detailed for duty with the

Authority under any of the provisions of article 24, such officer

shall, during the time in which such direction has effect in relation

to him/ her, be under the administrative authority and control of the

Authority 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 as aforesaid -

(a) shall not during the time while such 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 under the Government held

by that public officer at a date on which he/she

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

under the Government held by that public officer

at the date he/she was detailed for duty as

aforesaid or which would have become attached

to such appointment, during the said period, had

such 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 that public officer would be entitled, and shall

be liable to any liability to which he/she would be

liable, but for the fact that he/she is detailed for duty

with the Authority.

(3) Where an application is made as provided in subarticle

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

applicant 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 an officer detailed for duty with the

Authority as aforesaid during the period in which such officer is so

detailed.

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

Minister, offer to any officer detailed for duty with the Authority

under any of the provisions of article 24 permanent employment

with the Authority at a remuneration and on terms and conditions

not less favourable than those enjoyed by such officer at the date of

such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid 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 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 officer who accepts permanent employment with the

Authority offered that officer, under the provisions of subarticle

(1), shall for all purposes other than those of the Pensions

Ordinance and of the Widows’ and Orphans’ Pensions 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 said Ordinance and of the

said Act, so far as applicable to that officer, service with the

Authority shall be deemed to be service with the Government

within the meanings thereof respectively.

(4) Every such officer as aforesaid 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 entitled to benefit thereunder to all intents 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 an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(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 under the Government of Malta 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 other members, one appointed by the Ministry

responsible centrally for personnel policies in the

public service and one 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

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 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 aforesaid, be entitled to rights under

the said Pensions Ordinance less favourable than those

to which that person would have been entitled prior to

such classification.

PART VII

Financial Provisions

(1) Without prejudice to the following provisions of this

a r t i c l e , t h e A u t h o r i t y s h a l l s o c o n d u c t i t s a ff a i r s t h a t t h e

expenditure required for the proper performance of its functions

shall, as far as practicable, be met 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 meet 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 subarticle, 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 subarticle (2) or any such excess as

aforesaid.

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

meet 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

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

the 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 under 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 with the Minister, make advances to the Authority of

such sums as the 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 respon sible 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

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

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 loans, liabilities or advances made or

incurred under the provisions of subarticle (1) shall be given by the

Minister to the House as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

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

working capital, the Minister responsible for finance may, by

warrant, and without further appropriation other than this Act,

authorise the Ac countant Ge ne r a l t o m a k e a d v a n c e s t o t h e

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

subarticle (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 Authority shall cause to be prepared in every

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

each financial year adopt, estimates of the income and expenditure

of the Authority for the next following financial year

Provided that the estimates of the Authority for the first

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 Authority shall

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

paid to it 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 meet all sums properly chargeable to its revenue

account including, but without prejudice to the generality of that

expression, 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 Authority to the Minister and to

the Minister responsible for finance.

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

than six weeks after the Minister has received a copy of the

estimates of the Authority, or, if at any time the House is not in

session, within six weeks from the beginning of the next following

session, cause such estimates to be laid before the House 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 on such

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

the House may be with or without amendment to the estimates.

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

Authority unless it has been approved by the House as provided in

article 31.

(2)

Notwithstanding the provisions of subarticle (1) -

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

of a financial year, or until the approval of the

estimates for that year by the House, whichever is the

earlier date, the Authority may make or incur

expenditure for carrying out its functions under 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 financial year, the Authority may

make or incur expenditure until the approval of the

estimates for that year by the House 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 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

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 near as practicable, apply to the

supplementary estimates.

All estimates and supplementary estimates approved by the

House shall, as soon as practicable, be published in the Gazette.

(1)The Authority shall cause to be kept proper 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 or auditors 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

power to carry out such physical checking 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

under article 31, 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 or auditors on that statement or on the accounts

of the Authority.

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

and report to be laid before the House together with the motion laid

before the House under article 31(5).

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

or banks 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 meet 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 or officers 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 Chairperson, or such other

member or officer of the Authority as may be authorised by the

Authority for that purpose.

(4)

The Authority shall also make provision with respect to -

(a) the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b) the title of any account held with the bank or banks

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 not enter into any contract for the

supply of goods or materials or for the execution of work or for the

rendering of services, to or for the benefit of the Authority, which

is estimated by the Authority to involve an expenditure exceeding

six thousand and nine hundred and eighty-eight euro and twelve

cents (6,988.12), except after notice of the intention of the

Authority to enter into such contract has been published and

competitive tenders have been issued.

The Authority shall, not later than six weeks after the end

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 that financial year and containing

such information relating to t he proceedings and policy of

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 31(5).

PART VIII

Offences and Penalties

(1) Any person who acts in contravention of the

provisions of articles 6, 7, 17 or 18, or in contravention of any of

the provisions of any regulations made under this Act, and any

person who conspires or attempts, or aids, abets, counsels or

procures any other person, to contravene the provisions

aforementioned, shall be guilty of an offence against this Act.

(2) Any person who, in connection with any matter under this

Act, or under any regulations made by virtue of this Act -

(a) furnishes any information which that person knows to

be false in a material particular, or recklessly furnishes

any information which is false in a material particular;

or

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

otherwise makes use of any document which is false in

a material particular; or

(c) wilfully refuses or without lawful excuse, the proof

whereof shall lie on that person, withholds any

material information; or

(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 under any

regulations made thereunder; or

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

person’s knowledge any question made to him/her by

an officer in the exercise of that officer’s functions; or

fails to co-operate fully with an officer in the

pursuance of that officer’s duties; or

(f)

unlawfully refuses or fails to comply with any

requirement duly provided under this Act or under any

regulations made by virtue of this Act; or

(g) hinders an officer in the performance of that officer’s

duty under this Act or under any regulations made by

virtue of this Act,

shall be guilty of an offence against this Act or regulations made by

virtue of this Act.

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

regulations made by virtue of this Act, shall, on conviction, be

liable to imprisonment for a period of not more than two years or to

a fine (multa) of not less than four hundred and sixty-five euro and

eighty-seven cents (465.87) but not exceeding eleven thousand and

six hundred and forty-six euro and eighty-seven cents (11,646.87),

or to both such fine and imprisonment; and moreover the court

may, at the request of the prosecution, cancel all or any licences,

warrants or permits issued to or in the name of the person found

guilty in connection with the work place where the offence was

committed

Provided that no proceedings shall be taken against any

person who, after receiving an intimation by the Authority for the

payment of a penalty not exceeding four hundred and sixty-five

euro and eighty-seven cents (465.87) for having contravened the

provisions of this Act or of any regulations made by virtue of this

Act, and pays such penalty to the Authority in either case within

fifteen days from the date of receipt of such intimation.

(4) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against this Act shall be

taken before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, sitting as courts of criminal

judicature.

(5) In any proceedings referred to in the foregoing subarticle it

shall be lawful for the Chief Executive, or any officer delegated by

the said Chief Executive, to examine or cross-examine witnesses,

produce evidence, make submissions in support of the charge and

generally conduct the prosecution on behalf of the police, and the

sworn statement of the officer that that such officer has been duly

delegated for that purpose shall be conclusive evidence of that fact.

(6) Notwithstanding the provisions of the foregoing subarticle

the Chief Executive or the officer deputed in accordance with

subarticle (5) may be produced as witnesses but should their

evidence be required as part of the case for the prosecution they

shall be heard before they co mm en ce to act as provid ed in

subarticle ( 5) unless the necessity o f their evidence arise s

subsequently.

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

Attorney General shall always have a right of appeal from any

judgement given by the Courts of Magistrates (Malta) or by the

Court of Magistrates (Gozo) in respect of proceedings for any

offence against this Act or any regulations made by virtue of this

Act.

(8) The punishments provided in this Act shall apply unless

the fact constitutes a more serious offence under the Criminal Code

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

or of such other law shall apply.

(9) Notwithstanding the provisions of the Criminal Code

proceedings for an offence under this Act may be commenced at

any time within six years from the commission of the offence.

PART IX

Saving

Any regulations made under the Factories Ordinance * and

saved under the Occupational Health and Safety (Promotion) Act † ,

hereinafter called "the repealed Act", as well as any regulations

made under the repealed Act, shall continue in force and have

effect as if made under this Act, and may be amended or repealed

accordingly, and the provisions of article 38 shall apply to any

contravention of such regulations as if they were regulations made

under this Act

Provided that the term "factory" in any such regulation

made under the Factories Ordinance or under the repealed Act, and

continued in force as aforesaid, shall be construed as if it were the

term "workplace" and shall have the same meaning assigned to the

term "workplace" in article 2 and any references in the said

regulations to the Ordinance or to the repealed Act shall be

construed as a reference to this Act.

*Repealed by Act VII of 1994.

†Repealed by this Act.

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY