equipment at work regulations, 2003

L.N. 121 of 2003

OCCUPATIONAL HEALTH AND SAFETY

AUTHORITY ACT

(CAP. 424)

Minimum requirements for the use of personal protective

equipment at work regulations, 2003

IN EXERCISE of the powers conferred by article 12 of the

Occupational Health and Safety Act, the Deputy Prime Minister and

Minister for Social Policy, in consultation with the Occupational Health

and Safety Authority, has made the following regulations>

Part I – General Provisions

The title of these Regulations is the Minimum Requirements

for the Use of Personal Protective Equipment at Work Regulations,

2003. In these Regulations, unless the context otherwise requires>

“Act” means the Occupational Health and Safety Act<

“Authority” means the Occupational Health and Safety

Authority established by virtue of article 8 of the Act<

“Order” means the Personal Protective Equipment Order,

1998 (Order No. M34 of 1998) made by the Malta Standardisation

Authority<

“personal protective equipment” means, without prejudice to

the provisions of the Order, all equipment designed to be worn or

held by the worker to protect him against one or more hazards

likely to endanger his health and safety at work, and any addition

or accessory designed to meet this objective, excluding>

– ordinary working clothes and uniforms not

specifically designed to protect the health and safety of the

worker<

–

equipment used by emergency and rescue services<

– personal protective equipment for means of road

transport<

–

sports equipment<

–

self-defence or deterrent equipment< and

– portable devices for detecting and signalling risks

and nuisances.

“Workers’ Health and Safety Representative”

and”“Representative” mean a Workers’ Health and Safety

Representative appointed in terms of article 6 (4) of the Act.

These regulations shall be without prejudice to the provisions Without prejudice

to Order No. M34,

of the Order.

Personal protective equipment shall be used when the risks General Rule.

cannot be avoided or sufficiently limited by technical means of collective

protection or by measures, methods or procedures of work organisation,

or as otherwise required by article 6 (2) of the Act.

Part II – Employers’ Obligations

It shall be the duty of the employer to ensure that, where Compliance with

applicable, all personal protective equipment shall comply with the the Order.

provisions specified in Schedule 2 of the Order.

Where the presence of more than one risk makes it necessary Several items of

for a worker to wear simultaneously more than one item of personal personal

equipment.

protective equipment, the employer shall ensure that such equipment is

compatible and continues to be effective against the risk or risks in

question.

The employer shall determine the conditions of use of personal Employer to

protective equipment, particularly the period for which it is worn, on determine

of use.

the basis of the seriousness of the risk, the frequency of exposure to the

risk, the characteristics of the workstation of each worker and the

performance of the personal protective equipment.

If the circumstances require personal protective equipment to Equipment worn by

be worn by more than one person, the employer shall take all the one

persons.

appropriate measures to ensure that such use does not create any health

or hygiene problem for the different users.

The employer shall provide at the workplace adequate

information comprehensible to all workers regarding each item of

personal protective equipment required under Regulations 6 and 7.

(1) Personal protective equipment shall be provided free

of charge by the employer.

(2) An employer shall ensure that the equipment is in good

working order and satisfactory hygienic condition by means of the

necessary maintenance, repair and replacements.

Before any worker makes use of personal protective

equipment, the employer shall inform him of the risks against which it

protects him.

An employer shall arrange for training and shall, if necessary,

organize demonstrations in the wearing and proper use of personal

protective equipment.

(1) Saving exceptional circumstances, personal protective

equipment shall only be used for the purposes specified in accordance

with the instructions given to workers by an employer.

(2) Such instructions shall be understandable to the workers.

(1) Before choosing personal protective equipment, the

employer shall assess whether the personal protective equipment he

intends to use satisfies the requirements of Regulations 6 and 7.

(2) Such assessments shall include>

(a) an analysis and assessment of risks which cannot be

avoided by other means<

(b) the definition of the characteristics which personal

protective equipment must have in order to be effective against

the risks referred to in paragraph (a), taking into account any risks

which this equipment itself may create<

(c) comparison of the characteristics of the personal

protective equipment available with the characteristic referred to

in paragraph (b).

(3) Any assessment shall be reviewed if any changes are

made to any of its elements.

(1) In determining the situations and circumstances when

personal protective equipment is to be provided to workers, as well as

the nature and type of personal protective equipment to be provided, an

employer shall be guided by the results of the risk assessments carried

out by virtue of regulation 14, as well as by the Annexes attached to

these regulations, which shall constitute rules for the use of personal

protective equipment, and rules covering cases and situations where

the employer shall provide personal protective equipment.

(2) These rules shall be without prejudice to the priority to

be given to collective means of protection and where the use of personal

protective equipment is necessary.

(3) An employer shall also refer to any significant changes

to the risk, to the collective means of protection and to personal protective

equipment brought about by technological developments.

Without prejudice to article 6 (3) of the Act, an employer Information for

workers.

shall inform workers and, or their representatives of all measures to be

taken with regards to the health and safety of workers when personal

protective equipment is used by workers at work.

(1) A Workers’ Health and Safety Representative shall be Cap. 424

consulted in the manner specified in Article 6 (4) of the Act, and in the L.N. 36 of 2003

General Provisions for Health and Safety at Work Places Regulations, 2002.

(2) A Workers’ Health and Safety Representative shall have

the right to ask the employer to take appropriate measures and to submit

proposals to him to that end to mitigate hazards for workers and, or

remove sources of danger.

(3) A Workers’ Health and Safety Representative shall not

be placed at a disadvantage owing to his activities.

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 so far as is practicable or so far as is reasonably practicable,

or to use the best practicable means to do something, 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.

Any person who knowingly or recklessly interferes with the Offences.

process of providing a safe and healthy place of work, shall be guilty of an

offence.

Regulation 36 of the Factories (Health, Safety and Welfare) Repeal, L.N. 52 of

Regulations, 1986 is hereby repealed.

Annex I

Risk survey list for the use of personal protective equipment

RISKS

PHYSICAL

MECHANICAL

Falls from a height

Blows, cuts, impact, crushing

Stabs, cuts, grazes

Vibration

Slipping, falling over

THERMAL

Heat, fire

Cold

ELECTRICAL

RADIATION

Non-ionizing

Ionizing

NOISE

CHEMICAL

AEROSOLS

Dust, fibres

Fumes

Vapours

LIQUIDS

Immersion

Splashes, spurts

GASES, VAPOURS

BIOLOGICAL

Harmful bacteria

Harmful viruses

Mycotic fungi

Non-microbe biological antigens

PARTS OF THE BODY REQUIRING PROTECTION

Cranium

Ears

Eyes

Respiratory tract

Face

Whole head

Hands

Arms (parts)

Foot

Legs (parts)

Skin

Trunk#abdomen

Parenteral passages

Whole body

B

Annex II

Non-exhaustive guide list of items of personal protective equipment

HEAD PROTECTION

– Protective helmets for use in industry (mines, building sites, other industrial uses)

– Scalp protection (caps, bonnets, hairnets - with or without eye shade)

– Protective headgear (bonnets, caps, sou’westers, etc in fabric, fabric with

proofing, etc)

HEARING PROTECTION

– Earplugs and similar devices

–

Full acoustic helmets

– Earmuffs which can be fitted to industrial helmets

– Ear defenders with receiver for LF induction loop

– Ear protection with intercom equipment

EYE AND FACE PROTECTION

– Spectacles

– Goggles

– X-ray goggles, laser-beam goggles, ultra-violet, infra-red, visible radiation

goggles

– Face shields

– Arc-welding masks and helmets (hand masks, headband masks or masks which

can be fitted to protective helmets)

RESPIRATORY PROTECTION

– Dust filters, gas filters and radioactive dust filters

– Insulating appliances with an air supply

– Respiratory devices including a removable welding mask

–

Diving equipment

– Diving suits

HAND AND ARM PROTECTION

– Gloves to provide protection>

– from machinery (piercing, cuts, vibrations, etc),

– from chemicals,

– for electricians and from heat

– Mittens

– Finger stalls

– Oversleeves

– Wrist protection for heavy work

– Fingerless gloves

– Protective gloves

FOOT AND LEG PROTECTION

– Low shoes, ankle boots, calf-length boots, safety boots

– Shoes which can be unlaced or unhooked rapidly

– Shoes with additional protective toe-cap

– Shoes and overshoes with heat-resistant soles

– Heat-resistant shoes, boots and overboots

– Thermal shoes, boots and overboots

– Vibration-resistant shoes, boots and overboots

– Anti-static shoes, boots and overboots

– Insulating shoes, boots and overboots

– Protective boots for chain saw operators

– Clogs

– Kneepads

– Removable instep protectors

– Gaiters

– Removable soles (heat-proof, pierce-proof or sweat-proof)

– Removable spikes for ice, snow or slippery flooring

SKIN PROTECTION

– Barrier creams or ointments

TRUNK AND ABDOMEN PROTECTION

– Protective waistcoats, jackets and aprons to provide protection from machinery

(piercing, cutting, molten metal splashes, etc)

– Protective waistcoats, jackets and aprons to provide protection from chemicals

-Heated waistcoats

– Life jackets

– Protective X-ray aprons

– Body belts

WHOLE BODY PROTECTION

Equipment designed to prevent falls

– Fall-prevention equipment (full equipment with all necessary accessories)

– Braking equipment to absorb kinetic energy (full equipment with all necessary

accessories)

– Body-holding devices (safety harness)

Protective clothing

– ‘Safety’ working clothing (two-piece and overalls)

– Clothing to provide protection from machinery (piercing, cutting, etc)

– Clothing to provide protection from chemicals

– Clothing to provide protection from molten metal splashes and infra-red

radiation

– Heat-resistant clothing

– Thermal clothing

– Clothing to provide protection from radioactive contamination

– Dust-proof clothing

– Gas-proof clothing

– Fluorescent signalling, retro-reflecting clothing and accessories (armbands,

gloves, etc)Protective coverings

B

Annex III

Non-exhaustive guide list of activities and sectors of activity which may

require the provision of protective personal equipment

1. HEAD PROTECTION (SKULL PROTECTION)

Protective helmets

– Building work, particularly work on, underneath or in the vicinity of scaffolding

and elevated workplaces, erection and stripping of formwork, assembly and installation

work, work on scaffolding and demolition work

– Work on steel bridges, steel building construction, masts, towers, steel

hydraulic structures, blast furnaces, steel works and rolling mills, large containers,

large pipelines, boiler plants and power stations

– Work in pits, trenches, shafts and tunnels

– Earth and rock works

– Work in underground workings, quarries, open diggings, coal stock removal

– Work with bolt-driving tools

– Blasting work

– Work in the vicinity of lifts, lifting gear, cranes and conveyors

– Work with blast furnaces, direct reduction plants, steelworks, rolling mills,

metalworks, forging, drop forging and casting

– Work with industrial furnaces, containers, machinery, silos, bunkers and

pipelines

– Shipbuilding

– Railway shunting work

– Slaughterhouses

2. FOOT PROTECTION

Safety shoes with puncture-proof soles

– Carcase work, foundation work and roadworks

– Scaffolding work

– The demolition of carcase work

– Work with concrete and prefabricated parts involving formwork erection and

stripping

– Work in contractors’ yards and warehouses

– Roof work

Safety shoes without pierce-proof soles

– Work on steel bridges, steel building construction, masts, towers, lifts, steel

hydraulic structures, blast furnaces, steelworks and rolling mills, large containers, large

pipelines, cranes, boiler plants and power stations

– Furnace construction, heating and ventilation installation and metal assembly

work

– Conversion and maintenance work

– Work with blast furnaces, direct reduction plants, steelworks, rolling mills,

metalworks, forging, drop forging, hot pressing and drawing plants

– Work in quarries and open diggings, coal stock removal

– Working and processing of rock

– Flat glass products and container glassware manufacture, working and

processing

– Work with moulds in the ceramics industry

– Lining of kilns in the ceramics industry

– Moulding work in the ceramic ware and building materials industry

– Transport and storage

– Work with frozen meat blocks and preserved foods packaging

– Shipbuilding

– Railway shunting work

Safety shoes with heels or wedges and pierce-proof soles

– Roof work

Protective shoes with insulated soles

– Work with and on very hot or very cold materials

Safety shoes which can easily be removed

– Where there is a risk of penetration by molten substances

3. EYE OR FACE PROTECTION

Protective goggles, face shields or screens

– Welding, grinding and separating work

– Caulking and chiselling

– Rock working and processing

– Work with bolt-driving tools

– Work on stock removing machines for small chippings

– Drop forging

– The removal and breaking up of fragments

– Spraying of abrasive substances

– Work with acids and caustic solutions, disinfectants and corrosive cleaning products

– Work with liquid sprays

– Work with and in the vicinity of molten substances

– Work with radiant heat

– Work with lasers

4. RESPIRATORY PROTECTION

Respirators#breathing apparatus

– Work in containers, restricted areas and gas-fired industrial furnaces where

there may be gas or insufficient oxygen - Work in the vicinity of the blast furnace

charge

– Work in the vicinity of gas converters and blast furnace gas pipes

– Work in the vicinity of blast furnace taps where there may be heavy metal fumes

– Work on the lining of furnaces and ladles where there may be dust

– Spray painting where dedusting is inadequate

– Work in shafts, sewers and other underground areas connected with sewage

– Work in refrigeration plants where there is a danger that the refrigerant may escape

B

5. HEARING PROTECTION

Ear protectors

– Work with metal presses

– Work with pneumatic drills

– The work of ground staff at airports

– Pile-driving work

– Wood and textile working

6. BODY, ARM AND HAND PROTECTION

Protective clothing

– Work with acids and caustic solutions, disinfectants and corrosive cleaning

substances

– Work with or in the vicinity of hot materials and where the effects of heat are felt

– Work on flat glass products

– Shot blasting

– Work in deep-freeze rooms

Fire-resistant protective clothing

– Welding in restricted areas

Pierce-proof aprons

– Boning and cutting work

– Work with hand knives involving drawing the knife towards the body

Leather aprons

– Welding

– Forging

– Casting

Forearm protection

– Boning and cutting

Gloves

– Welding

– Handling of sharp-edged objects, other than machines where there is a danger

of the glove’s being caught

– Unprotected work with acids and caustic solutions

Metal mesh gloves

– Boning and cutting

– Regular cutting using a hand knife for production and slaughtering

– Changing the knives of cutting machines

7. WEATHERPROOF CLOTHING

– Work in the open air in rain and cold weather

8. REFLECTIVE CLOTHING

– Work where the workers must be clearly visible

9. SAFETY HARNESSES

– Work on scaffolding

– Assembly of prefabricated parts

– Work on masts

10. SAFETY ROPES

– Work in high crane cabs

– Work in high cabs of warehouse stacking and retrieval equipment

– Work in high sections of drilling towers

– Work in shafts and sewers

11. SKIN PROTECTION

– Processing of coating materials

– Tanning

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press