64 tal-2000 - Regolamenti tal-2000 dwar Ħtiġiet Minimi ta' Saħħa u Sigurtà fuq il-Postijiet tax-Xogħol

OCCUPATIONAL HEALTH AND SAFETY

(PROMOTION) ACT, 1994

(ACT NO. VII OF 1994)

Minimum Health and Safety Requirements at Work Places

Regulations, 2000

(I) The title of these regulations is Minimum Health and

Safety Requirements at Work Places Regulations, 2000.

(2)

These regulations shall come into force

(a)

two years from the date of publication of these

regulations for a workplace used for the first time after the said

date of publication of these regulations; and

(b)

three years from the date of publication of these

regulations for all other workplaces already in use before the

date of publication of these regulations.

Minimum number of sanitary conveniences and washing stations which

should be provided by an employer.

The number of people at work shown in column 1 refers to the maximum

number of workers likely to be in the workplace at anyone time.

Column I

Column 2

Column 3

Number ot

Number ot

Number ot

people at work

sanitary conveniences

washing stations

I to)

I

I

6 to L)

l.

l.

26 to 5U

j

j

) I to/)

76 to IUU

)

Provided that an additional water closet and an additional washing facility

shall be provided for every twenty-five persons above one hundred.

(I)

In these regulations, unless the context otherwise

reqUIres

"Act" means

the

Occupational

Health

and

Safety

(Promotion) Act;

"breaks" means intermptions from work for meals and rest;

"competent person" means a person possessing adequate

qualifications, suitable training and sufficient knowledge,

experience and skill for the safe performance of the specific task

or work required

Provided that the Director may define appropriate criteria

for the designation of such persons;

"Director" means the Director responsible for Industrial

and Employment Relations;

"fumes" includes any gas or vapour;

"new workplace" means a workplace which is used for the

first time after the date of publication ofthese regulations;

"maintained" means kept in an efficient state, in efficient

working order, in good repair and without loss or deterioration

of function, and includes inspection, testing, cleaning,

lubricating and adjusting as necessary;

"roof' includes ceilings, false roofs, soffits and canopies;

"sanitary convenience" includes urinals, water closets,

earth closets, privies, and any similar convenience;

"so far as reasonably practicable" means introducing

measures to avoid a risk that a~e proportionate to the extent of

the risk itself;

"suitable" and "sufficient" mean "appropriate" and

"adequate" respectively as may be determined according to

circumstances by the Director;

"suitable system of maintenance" means regular testing

and maintenance, proper carrying out of repairs in the shortest

possible period, prohibition of access to defective equipment,

and the keeping of appropriate and adequate records to ensure

the proper implementation and easy monitoring of such a

system, and where applicable, taking due regard of the

manufacturer's or installer's specifications;

"traffic route" includes any area which is used by any

person and/or vehicle to move from one area to another,

applicable to both indoor and outdoor workplaces and includes

any stairs, staircase, doorway, gateway, passage, fixed ladder,

loading bay and ramp;

"travelator" includes a moving walkway;

"underground room" means any room or any part of a

building or work establishment where work is carried out,

which is in whole or in part situated in such manner that at least

half its height, measured from the floor to the ceiling, is below

the surface of the ground adjoining or nearest to the room.

Minimum workplace dimensions.

1. The total volume of a room used for work purposes, except those rooms

used only for short periods of time, when empty, and when divided by the number

of people normally working in it should be at least eleven cubic metres. A room or

part of a room which is more than 3.0 metres high shall be counted as 3.0 metres.

2. The figure of 11 cubic metres per person shall be considered a minimum

and shall be increased to take account of furniture, equipment, machinery or

fittings present.

3. The figure of 11 cubic metres per person shall not apply to

(a)

small stmctures where space is necessarily limited, as in retail

sales kiosks, attendants' and shelters for use by watchmen, machine or plant

control cabs, mobile broadcasting units and mobile clinics; and to

(b)

rooms already in use for 'work purposes before the date of

publication of these regulations, provided that where the room undergoes any

modifications or structural alterations, its dimensions should be made to

conform with the requirements of these regulations.

(l) It shall be the duty of an employer to submit to a General duties.

suitable system of maintenance any equipment, machine, installation,

plant, tool, device or article used at a work place, as well as any safety

equipment and device intended to prevent or eliminate hazards, and to

immediately rectify or repair any fault which is likely or liable to

affect occupational health and safety.

(2) It shall be the duty of an employer to maintain at an

adequate level of hygiene and cleanliness the workplace and any

equipment and devices used therein.

(3) The employer shall ensure that no person is allowed to

smoke or consume food or drink at any workplace where any harmful

agent is stored, handled or otherwise used.

(4) It shall be the duty of an employer, in general, to inform

workers and/or their representatives of all occupational health and

safety measures to be taken at their place of work.

(5) Where these regulations require the setting up of health

and/or safety signs, it shall be the duty of an employer to ensure that

all signs used at a workplace shall be in conformity with the

provisions of the Provision of Health and Safety Signs at Work Places

Regulations, 2000.

(6) It shall be the duty of an employer to allow to be used

electrical installations which are

(a)

designed and constructed so as not to present a fire

or explosion hazard;

(b)

which have protection for workers against the risk of

accident caused by direct or indirect contact;

(c)

designed, constructed out of a material and have

protection devices which are appropriate to the voltage, external

conditions and the conditions of use.

(I) It shall be the duty of the employer to ensure that the

structure and solidity of any building or structure or part thereof, is

appropriate to the nature of its use.

(2) The employer shall obtain from an Architect the maximum

working safe floor load per unit area for every area on which material,

machinery, plant or equipment is to be placed or stored.

(3) The employer shall ensure that the maximum safe work

loads indicated by the Architect for each particular area, are not

exceeded at any time.

(I) The employer shall take all the necessary steps to

provide and maintain suitable and sufficient emergency routes and

exits.

(2) Without prejudice to the generality of paragraph (1), the

employer shall ensure that emergency routes and exits

(a)

are kept clear at all times, and lead as directly as

possible to a safe, open air, specifically designated area outside

the premises, which shall be on the ground floor

Provided that no lift shall be used as an emergency route;

(b)

allow workers to vacate the workplace, and all parts

thereof, quickly and as safely as possible;

(c)

are of appropriate number, distribution, dimensions

and layout, taking into consideration the use, equipment and

dimensions of the workplaces and the maximum number of

persons that may be present;

(d)

if they require illumination, are provided with

emergency lighting of adequate intensity in case of failure of the

normal lighting system;

(e)

are indicated by adequate luminescent directional

signs which shall be placed at appropriate locations, at a height

of not more than 3.5 metres and not less than 2 metres from the

floor level, and which are maintained in a good state.

(l)

The employer shall ensure that emergency doors

Emergency

doors.

(a)

open outwards;

(b)

shall not be so locked, fastened or obstructed that

they cannot be easily and immediately opened by any person in

the workplace who may require to use them in an emergency;

(c)

are appropriately maintained;

(d)

are made of fire-resistant material of suitable and

sufficient fire rating.

(2) The employer shall ensure that sliding or revolving doors

are not used as emergency exits.

(l) It shall be the duty of an employer to take the First aid, fire

detection, fire

necessary measures for first aid, fire-fighting and evacuation of fighting,

workers

evacuation of

workers, serious

and imminent

danger.

Provided that the measures which are to be taken shall be

adapted to the nature of the activities and to the size of the workplace

and shall take into consideration all other persons present.

(2) In the pursuance of the foregoing, an employer shall make

such necessary arrangements with services outside of the workplace,

particularly as regards emergency medical care, rescue work and fire-

fighting.

(3) An employer shall designate workers who shall be

responsible for the implementation of the measures required for fire-

fighting and for the evacuation of workers. The names of the persons

thus designated shall be entered into a register to be kept at the

workplace, and the register shall be maintained and amended as

necessary by the employer

Provided that the number of persons designated for these

purposes, their training and the equipment available to them shall be

adequate and shall take into account the size of the workplace and the

nature of the hazards present therein.

(4) An employer shall as soon as possible inform workers who

are, or may be exposed to serious and imminent danger of the risk

involved, and of the steps to be taken or are to be taken with regards

to protection.

(5) An employer shall take action and give instructions which

would enable workers in the event of serious, imminent and

unavoidable danger to stop work and/or to leave immediately the

work place and to proceed to a place of safety.

(6) An employer may not ask workers to resume work in a

working situation where there is still a serious and imminent danger,

except for the purpose of instituting protective or remedial action

Provided that in the situation referred to in the foregoing, only

workers who have the necessary training to carry out such protective

or remedial action shall be allowed in the area of danger, and they

shall be suitably and adequately protected at all times.

(7) No worker who leaves his workstation or a dangerous area

by reason of the presence of serious, imminent or unavoidable danger,

may be placed at any disadvantage because of his action by his

employer, and no harmful or unjustified consequence may be taken

against him.

(8) An employer shall ensure that all workers are able, in the

event of serious and imminent danger to their own safety and/or that

of other persons, and where the immediate superior responsible or

any worker designated for the purpose of implementing measures for

fi re-fighting and evacuation of workers cannot be contacted, to take

the appropriate steps in the light of their knowledge and the technical

means at their disposal, to avoid the consequences of such danger

Provided that any worker who takes any action in the light of the

foregoing, shall not be placed at any disadvantage, unless he acted

carelessly or there was negligence on his part.

(9) It shall be the duty of the employer to take all necessary

measures, to the satisfaction of the authority responsible for the

enforcement of fire safety, to

prevent, so far as reasonably practicable, the risk of

(a)

accidents which may be caused by fire or explosion from any

combustible, inflammable or explosive substances present at the

workplace;

(b)

ensure that the workplace is equipped at all times

with suitable and sufficient fire-fighting equipment and with

fire detectors and alarm systems, as necessary, taking into

account the dimensions and use of the buildings, the equipment

they contain, the physical and chemical properties of the

substances present and the maximum potential number of

persons present.

(10) Any non-automatic fire-fighting equipment provided by

the employer shall be

(a)

easily accessible;

(b)

simple to use;

(c)

appropriately indicated by easily visible safety

signs, which shall be placed at appropriate points, and regularly

maintained.

(11) The employer shall inform his workers of any fire risks

present, and of the measures required to minimise such risks.

(12) The employer shall ensure that workers are adequately

instructed and trained as appropriate in the proper use of fire fighting

equipment as may be required for that work place by the Civil

Protection Directorate.

(13) The employer shall take all necessary measures, to ensure

that all fire fighting equipment at the workplace is subjected to a

suitable system of maintenance to the satisfaction of the Civil

Protection Directorate.

(14) The employer shall ensure that fire drills are carried out as

often as indicated by the Civil Protection Directorate for that work

place, but shall in any case take due consideration of fire risks within,

and the occupancy of that work place

Provided that these drills are carried out at least once every six

months, and a record kept of these drills.

(IS) It shall be the duty of a worker to notify his employer of

any fire which breaks out at the workplace, and the employer shall

investigate the occurrence with a view to taking any action which is

deemed fit to prevent any similar recurrence.

(16) Nothing in this regulation shall debar the authority

responsible for the enforcement of fire safety from making any

recommendations it deems fit in the interest of health and safety.

(1) It shall be the duty of the employer to make effective

and suitable provision to the satisfaction of the Director, to ensure

that every workplace is ventilated by a sufficient quantity of fresh or

purified air, and for rendering harmless by the use of extraction

systems, so far as reasonably practicable, all fumes, dust and other

impurities that may be injurious to health generated in the course of

any process of work carried out in the workplace.

(2) Without prejudice to the generality of paragraph (l), the

employer shall ensure that where a workplace is in whole or in part

mechanically ventilated, suitable means of emergency ventilation are

provided for use in case of failure in the principal system, if such a

failure constitutes a risk to the health of persons inside the workplace.

(3) The employer shall ensure that where necessary for

reasons of health or safety, including in dilution ventilation systems

used to reduce concentrations of dust or fumes in the atmosphere,

mechanical ventilation systems shall have an effective device to give

a visible or audible warning of any breakdown in the system.

(4) It shall be the duty of the employer to ensure that any plant

used for the purpose of complying with the requirements of this

regulation, shall be subject to a suitable system of maintenance, and

kept clean and free from anything which may contaminate the air.

(5) The employer shall ensure that in the case of mechanical

ventilation systems which recirculate air, including air-conditioning

systems, a suitable and sufficient amount of filtered fresh air is added.

(6) It shall' be the duty of an employer to ensure that

mechanical ventilation systems and air conditioning systems operate

in such a way which ensures that workers are not exposed to draughts

which cause discomfort.

(1) It shall be the duty of the employer to maintain in Workplace

every workplace inside buildings or other structures in which people temperature.

are employed (other than for short periods, in conformity with

accepted standards) a thermal environment which is reasonably

practicable and comfortable, having regard to the working methods

being used and the physical demands placed on the workers.

(2) The employer shall ensure that no person is employed for

regular and prolonged work

(a) in a thermal environment which is unsuitable for the type

of work being carried out, or which may be harmful to health;

(b) where there is in use equipment or material which radiates

intense heat or which causes intense cooling of the working

environment and which is harmful to health, unless suitable and

effective measures are taken to remove unnecessary risk or unless

suitable and effective protective equipment or clothing and rest

facilities are provided.

(3) The employer shall provide and maintain wherever

necessary, fixed or movable screens, deflectors or other suitable

devices in order to protect the worker against intense cold or heat.

(4) The employer shall ensure that no person is allowed to use

any method of heating or cooling which is to be harmful to human

health or which may liberate obnoxious or toxic fumes.

(5) An employer shall ensure that workplaces contammg

workstations are adequately thermally insulated, taking into

consideration the type of undertaking involved and the physical

activity of the workers.

(6) The employer shall ensure that the temperature in rest

areas, rooms for duty staff, sanitary facilities, canteens and first aid

rooms is appropriate to the particular purpose of such areas.

(1) The employer shall take all the necessary measures Natural and

to provide and maintain in every workplace suitable and sufficient artiticial

lighting.

lighting, which so far as reasonably practicable, shall be' by natural

light.

(2)

Without prejudice to the generality of paragraph (1)

(a)

emergency lighting of adequate intensity, and

powered by a source independent from that of normal lighting,

shall be provided and suitably maintained in any room in which

persons at work are specially exposed to danger in the event of

failure of artificial lighting;

(b)

artificial lighting shall be so placed or directed, or

other measures are undertaken, to prevent annoying glare.

(3) The employer shall take all the necessary measures to

ensure that workplaces outdoors are adequately lit by artificial

lighting whilst work is in progress if natural light is insufficient.

(4) The employer shall ensure that any lighting systems

including lights, light fittings and light switches put up in a

workplace, including in passageways, are placed in such a way that

there is no risk of accident to any person as a result of the type of

lighting fitted or installed.

(I) The employer shall take all the necessary steps to

ensure that all floors, steps, stairs, passages, gangways and traffic routes

are of sound and suitable construction and properly maintained, and

so far as is reasonably practicable, they shall be kept free from any

obstruction, from any defect in the surface, and from any substance

likely to cause persons to slip, trip, fall or otherwise cause accidents.

Without prejudice to the generality of paragraph (1)-

(2)

(a)

the surfaces referred to in paragraph (I) shall have

no hole, slope, or opening or be uneven or slippery so as in each

case to expose any persons to a risk to health or safety

Provided that no account shall be taken of an opening

where adequate measures have been taken to prevent persons or

objects from falling;

(b)

where any process is carried out which renders the

floor liable to be wet by any liquid, effective means of drainage

shall be provided and maintained;

(c)

all suitable measures are taken to render slip-proof

any highly polished surfaces.

(3) Theemployershallprovideandmaintainsuitableandsufficient

hand-rails and, if appropriate, guards for every staircase in a building

or which afford a means of exit from a building.

(4)

Without prejudice to the generality of paragraph (3);

(a)

where a staircase has an open side, there shall be

suitable hand-rails on that side;

(b)

where a staircase has two open sides, or where,

owing to the nature of its construction or the condition of the

surface of the steps or other special circumstances, a staircase is

specially liable to cause accidents, a hand-rail and a lower rail,

or other effective means shall be provided and maintained on

both sides.

(5) The employer shall ensure that all roofs at the workplace

are of sound and suitable construction, rendered waterproof,

adequately maintained and not overloaded.

(6) The employer shall bar access to roofs made of materials

of insufficient strength or where there is a risk of collapse of the roof

or part thereof

Provided that where an urgent need arises for such work to be

performed, the employer shall ensure that all suitable measures are

taken in order that works can be carried out safely without risk to

persons on or underneath the roof.

(7) The employer shall take the necessary measures to ensure

that the surfaces of floors, walls and ceilings in rooms are of

appropriate materials that allow them to be cleaned or refurbished to

an appropriate standard of hygiene and that every workplace is kept

in a clean state and free from any effluvia arising from any drain,

sanitary convenience or nuisance.

(8) Without prejudice to the generality of paragraph (7),

suitable provision shall be made to ensure that

(a)

accumulation of dirt and refuse are removed daily

by a suitable method from the floor and benches of workrooms,

and from the staircases and passages;

(b)

the floor of every workroom in workplaces where

fumes, dusts, fibres or vapours capable of causing ill health are

generated, and the lower part of the walls thereof up to a height

of two meters shall be cleaned at least once in every week by

washing or, if it is effective and suitable, by sweeping, or by

vacuumIng;

(c)

all inside walls and partitions and all ceilings or tops

of rooms and all walls, sides and tops of passages and staircases

are adequately and appropriately kept clean, and whitewashed,

painted or tiled as necessary.

(9)_. An employer shall ensure that transparent or translucent

walls, including partitions made wholly or substantially of glass,

which are sttuated in rooms or in the vicinity of workstations and

traffic routes, are clearly indicated and made of safety material, and

are shielded so as to prevent workers from coming into contact with

the walls or from being injured should the walls shatter.

(l) It shall be the duty of the employer to take the

necessary steps to ensure that no window, skylight or ventilator which

is capable of being opened

is opened, closed, adjusted or secured in a manner

(a)

which may expose any person performing such an operation to a

risk to his health or safety;

(b)

when open, be so positioned as to constitute a

hazard to any person in the vicinity.

(2) The employer shall take the necessary steps to ensure that

windows and skylights used at the workplace are designed and

constmcted in a manner which allows them to be cleaned without risk

to the workers carrying out this work or to persons present in and

around the workplace

Provided that all necessary measures shall be taken to ensure

that any equipment or devices used for this purpose are used safely

and are subject to a suitable system of maintenance.

(l) It shall be the duty of the employer to take the

necessary steps to ensure that suitable and sufficient means of access

to any workplace are provided and maintained and that

(a)

every window or other transparent or translucent

surfaces in a wall, partition, door or gate whether in rooms or on

traffic routes, is adequately protected against breakage and

appropriately marked.

(b)

swing doors and gates are transparent or have see-

through panels which are of such dimensions, and at such a

height from the floor as to permit persons on either side of the

door to see through them;

(c)

doors along escape routes are appropriately marked

and easily opened from the inside at any time without special

assistance.

(2) An employer shall provide doors to be used by pedestrians

in the immediate vicinity of any gates intended for use by vehicular

traffic, unless it is safe for pedestrians to pass through such gates, and

such doors shall be clearly marked and left permanently unobstructed.

(3) The employer shall take all the necessary steps to ensure

that doors and gates are of safe construction.

(4) Without prejudice to the generality of paragraph (3), doors

and gates shall be deemed not to comply with this requirement unless

(a)

any sliding door or gate is fitted with a safety device

to prevent it from being derailed and falling over;

(b)

any upward opening door or gate has a device to

prevent it from falling back;

(c)

any powered door or gate has suitable and sufficient

features to prevent it from causing injury by trapping any

persons, and shall include an easily identifiable and accessible

emergency shut-down device;

(d)

any powered door or gate can be operated manually

unless it opens automatically in case of power failure;

(e)

any door or gate which can be pushed open from

either side is constructed in such a way as to provide, when

closed, a clear view of the space close to both sides.

(1)

The employer shall take all necessary steps to ensure, Traffic routes.

as far as reasonably practicable, that all routes used by pedestrians

and by vehicular and industrial traffic, are adequately marked,

maintained, safe for workers or any other person in the vicinity of

these traffic routes and that they are kept clear at all times.

(2) An employer shall ensure that traffic routes, including

stairs, fixed ladders and loading bays and ramps, are located, and are

of such dimensions so as to ensure easy, safe and appropriate access

for pedestrians or vehicles in such a way which does not endanger

workers employed in the vicinity of these traffic routes or other

pedestrians.

(3) An employer shall ensure that where vehicles and

pedestrians use the same traffic route, there is sufficient separation

between them.

(4) An employer shall ensure that where pedestrian and

vehicle routes cross, appropriate crossing points for pedestrians are

provided, and appropriate safety signs put up to indicate their

location

Provided that where such crossing points are provided, and

where the indicated safety signs have been put up by an employer, it

shall be the duty of a pedestrian to make use of such crossing points.

(5) It shall be the duty of an employer to ensure that there is

sufficient clearance between vehicular traffic routes and doors, gates,

passages for pedestrians, corridors and staircases, and such clearance

should be kept unobstnlc~ed at all times.

(I)

The employer shall take all necessary steps including

the installation of appropriate devices, so far as reasonably

practicable, to prevent unauthorised access to any person in any area

where there exists a risk to health and safety.

(2) The employer shall take suitable and sufficient measures,

as far as reasonably practicable, to

(a)

indicate clearly any danger areas;

(b)

ensure the health and safety of persons authorised to

enter danger areas.

(3) An employer shall ensure that every fixed vessel, structure,

sump or pit of which the edge is higher than the highest ground or

platform on which a person can stand and that can cause, or pennit a

person to fall into it, shall, if it contains any scalding, corrosive or

poisonous liquid, either be securely covered or be securely fenced to

at least one metre above that ground or platfonn, or where by nature

of the work neither secure covering nor secure fencing to that height

is practicable, all practicable steps shall be taken to prevent any

person falling into the vessel, structure, sump or pit.

(4) Where any fixed vessel, structure, sump or pit contains any

scalding, corrosive or poisonous liquid that is not securely covered,

no ladder, stair or gangway is placed above, across or inside it which

is not:-

(a)

at least 45 cm wide, and

(b)

securely fenced on both sides to a height of at least 1

metre and securely fixed.

(5) Where any such vessels, structures, sumps or pits as are

mentioned in paragraph (4) adjoin, and the space between them, clear

of any surrounding stone or other work, is less than 45 cm in width, or

are not securely fenced on both sides to a height of at least 1 metre,

secure barriers shall be so placed as to prevent passage between them

Provided that for the purposes of this regulation a ladder, stair or

gangway shall not be deemed to be securely fenced unless it is

provided either with sheet fencing or with an upper and lower rail and

toe boards.

(I) It shall be the duty of every employer to take all the

travelators.

necessary measures to ensure that escalators and travelators

(a)

function safely;

(b)

are equipped with any necessary safety devices;

(c)

are fitted with easily identifiable and

easily

accessible emergency shut-down devices;

(d)

are adequately maintained, and examined and

certified every six months by a mechanical engineer

Provided that the certifying engineer is not employed by the

employer in whose workplace lies the escalator or travelator.

(2) It shall be the duty of the employer to send to the Director,

a report of the examination, drawn up by an engineer as requested in

the foregoing, by not later than thirty calendar days from the date on

which the examination falls due.

The employer shall take all necessary measures to ensure

Loading bays

and ramps.

that

(a)

loading bays and ramps are suitable for the

dimensions of the loads to be transported;

loading bays have at least one exit point;

(b)

(c)

all necessary steps are taken, so far as reasonably

practicable, to prevent workers from falling off the loading

ramp.

(1)

The employer shall ensure, so far as reasonably Workplace

practicable, that all parts of a workplace and the place itself where dimensions.

work is carried out are of sufficient dimensions and suitable design to

allow workers and others to perform their work safely.

(2) For the purposes of this regulation, the dimensions shall be

deemed sufficient if they comply with the requirements of the Second

Schedule to these regulations.

(I) The employer shall ensure that all workstations are

so arranged that work can be carried out safely and comfortably.

(2) Without prejudice to the generality of paragraph (I), every

workstation shall be so arranged as to

(a)

provide protection from adverse weather, as far as

reasonably practicable;

(b)

enable any person at the workstation to leave it

swiftly, or to be assisted in case of emergency;

(c)

ensure that any person is not likely to slip or fall.

(3) The employer shall ensure that no workstation is sited in

any area where there exists a substantial risk to the health and safety

of the worker from falling objects or a substantial risk of explosion.

(I) The employer shall provide and maintain, suitable

and sufficient seating for the use of any worker who is performing

work which can be wholly or partly done in a seated position.

(2) For the purpose of paragraph (I), the seating shall not be

suitable unless

(a)

the design, construction and dimensions of the

seating are suitable for the person for whom it is provided, and

adequately supports the lower back;

(b)

it is suitably positioned so as to facilitate good

working posture;

(c)

the seating is adequately and properly supported

while in use for the purpose for which it is provided;

(d)

a foot-rest is provided on which the worker can

readily and comfortably support his feet.

(3) It shall be the duty of the employer to ensure appropriate

instruction of the employee as to the proper and adequate use of

adjustable seats.

(I) It shall be the duty of the employer to provide and Drinking

maintain at suitable points at the workplace an adequate supply of tacilities.

wholesome drinking water and to provide for its hygienic

consumption.

(2) Without prejudice to the generality of paragraph (1), such

facilities shall be clearly indicated and conveniently accessible to all

persons employed at the place of work.

(1) The employer shall provide and maintain suitable Resting and

and sufficient rest facilities which are easily accessible to all workers. eating facilities.

Such facilities shall

be physically separa~e from the workplace;

(a)

(b)

be of suitable dimensions and levels of hygiene;

(c)

be equipped with an adequate number of tables and

seats with backs for the workers;

(d)

include suitable arrangements for the protection of

non-smokers against discomfort caused by tobacco smoke;

(e)

include suitable and sufficient dining facilities to the

satisfaction of the Director, which shall include the provision of

the necessary means to heat food, to prepare a hot drink and to

keep food and drink at a suitably low temperature, for workers

who regularly eat meals at the workplace, or where food is

likely to be contaminated.

(2) Whereforanyreasonattributabletothedesignanddimensions

of the workplace the employer is unable to provide the

aforementioned resting and eating facilities in accordance with the

provisions of paragraph (1), and in the case of offices, an employer

shall allow his workers adequate opportunity to leave the workplace

during breaks.

(3) In those workplaces where rest rooms are not provided,

and where the working hours are regularly and frequently interrupted,

an employer shall provide other rooms in which workers can stay

during such interruptions, or he shall allow his workers adequate

opportunity to leave the workplace during such interruptions,

wherever this is required for the safety or health of the workers.

(4) An employer shall provide suitable resting facilities so as

to allow pregnant women and nursing mothers, and who are

employed by him, to rest in appropriate conditions.

(I) It shall be the duty of the employer to provide, as far

as reasonably practicable, suitable changing rooms of sufficient

capacity and situated at easily accessible locations

for the clothing of any worker which IS not worn

(a)

during working hours;

(b)

for special clothing worn at work but which is not

taken home.

(2) Without prejudice to the generality of paragraph (1), a

changing facility shall be deemed suitable if

(a)

it is provided with seating and lockers which enables

each worker to lock away his clothes during working hours;

(b)

separate facilities are provided for clothing of

employees engaged in operations which may result in such

clothing being contaminated, heavily soiled, stained or

impregnated, to enable them to keep work clothes separate from

ordinary clothes;

(c)

separate changing rooms for use by different sexes

are provided wherever the number of workers and the nature of

work so requires.

(I) The employer shall provide and maintain suitable

and sufficient washing stations in readily accessible places.

(2) Without prejudice to the generality of paragraph (I), the

washing stations shall be deemed suitable if

(a)

they include a supply of clean water at suitably

controlled temperatures, soap or similar material, hand brushes,

and towels or drying facilities;

(b)

they include showers which shall be sufficiently

large to permit each worker to wash without hindrance in

conditions of an appropriate standard of hygiene, where the

work may result in the worker becoming dirty or can result in

contamination of the skin by harmful chemicals, or when so

required by the Director after giving due consideration to the

nature of the work being carried out;

(c)

they are in the vicinity of any changing rooms

required under these regulations and in the immediate vicinity

of every sanitary convenience, 'vvhether or not provided

elsewhere as well;

(d)

they are kept in a clean condition;

(e)

they are sufficiently ventilated and lit.

(3) Separate showers or washbasins shall be provided by an

employer, or arrangements shall be made for the separate use of, by

men and women when so required for reasons of propriety.

(4) For the purposes of this regulation, the number of washing

stations provided shall be deemed sufficient if it complies with the

First Schedule to these regulations.

(1) The employer shall provide sufficient and suitable Sanitary

sanitary conveniences at readily accessible places, which equipment.

conveniences shall be deemed suitable if

(a)

they and the rooms containing them are suitably

maintained and kept clean;

(b)

the rooms containing them are adequately ventilated

and well lit;

(c)

they are provided with adequate handwashing and

drying facilities, as far as reasonably practicable;

(d)

they are in the vicinity of workstations, rest rooms,

changing rooms and rooms housing showers or washbasins.

(2)

Eating shall not be allowed in the said areas.

(3) Whereforanyreasonattributabletothedesignanddimensions

of the workplace, the employer is unable to provide the

aforementioned facilities in accordance with the provisions of

paragraph (I), he shall allow his workers adequate opportunity to

leave the workplace during breaks.

(4) The employer shall provide separate convemences for

persons of different sexes

Provided that where for any reason attributable to the design and

dimensions of the workplace, the employer is unable to provide

separate conveniences, the employer shall ensure the adequate

privacy of any person using such facilities.

(5) For the purposes of this regulation, the number of sanitary

conveniences provided shall be deemed sufficient if it complies with

the First Schedule to these regulations.

(1) The employer shall identify those areas in which

smoking could cause a risk of fire or explosion, and he shall ensure

that smoking is not allowed in such areas.

(2) The employer shall identify areas, which are physically

separate from other areas where smoking is allowed, in which

smoking is prohibited, so as to protect non-smokers against

discomfort caused by tobacco smoke.

(3) The employer shall put up appropriate signs indicating that

smoking is prohibited in those areas in which smoking is not allowed.

No work shall be carried out in any underground room (not

being an underground room used only for the purpose of storage)

which in the opinion of the Director is unsuitable for the purpose as

regards construction, height, light, dimensions or ventilation, or is

otherwise unsanitary, or which has no adequate means of escape in

case of fire or other emergency.

(I) The employer shall ensure that the workplace is so

organised and arranged to take account of the health and safety

requirements of any disabled workers, so far as reasonably

practicable.

(2) Without prejudice to the generality of paragraph (1), this

provision applies in particular to the doors, passageways, staircases,

showers, washbasins, lavatories, resting and eating facilities and

workstations used or occupied directly by disabled persons.

(3) The employer shall ensure that the work equipment

assigned for use by the disabled person, or the type of work itself, are

such that the disabled person is not exposed to added risks to his

health and safety due to his disability.

(I) The employer shall take all measures, as far as

reasonably practicable, to ensure that workers engaged outdoors are

able to leave swiftly the place where work is being carried out or to be

rapidly assisted in the event of danger or to rapidly receive first aid

when so required.

(2) The employer shall take all measures, so far as reasonably

practicable, to ensure that when workers are employed outdoors, the

workers are protected against

(a)

inclement weather conditions;

(b)

falling objects;

(c)

hannfu1 noise levels;

(d)

hannfu1 outdoor influences such as gases, vapours

or dust;

(e)

slips, trips or falls.

In any proceedings for an offence under these regulations Onus of proof.

consisting of a failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove (as the case may be) that it was not

practicable or not reasonably practicable to do more than was in fact

done to satisfy the duty or requirement, or that there was no better

practicable means than was in fact used to satisfy the duty or

requirement.

Regulations 8, 12, 13, 20 to 12, and 35 of The Factories Repeals.

L.N. 52 of 1986.

(Health, Safety and Welfare) Regulations, 1986, and regulations 5 to G.N.

8 of the Woodworking Machinery Regulations, 1949 shall be 1949.

considered repealed three years from the date of publication of these

regulations.

(1) These regulations shall be considered as the App lication.

minimum occupational health and safety requirements applicable

mutatis mutandis to every workplace and to every work activity, and

shall apply whenever required by the features of the workplace, the

work activity being carried out, the circumstances prevailing, and the

degree or nature of a hazard, but shall not apply to

(i) the use of means of transport outside the

undertaking and/or the establishment;

(ii)

temporary or mobile work sites;

(iii) extractive industries;

(iv) fishing boats;

(v) fields, woods and other land fonning part of an

agricultural or forestry undertaking but situated away from

the undertaking's buildings.

(2) Nothing in these regulations shall debar the Director from

issuing any order to any employer or to any employee in any

workplace if, in the opinion of the said Director, there is a risk to the

health or safety of a person or persons.

(3) For the purposes of these regulations, a homeworker shall

be considered a self-employed person.