Regulations, 2003

L.N. 36 of 2003

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

ACT (CAP. 424)

General Provisions for Health and Safety at Work Places

Regulations, 2003

IN exercise of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Deputy Prime

Minister and Minister for Social Policy, in consultation with the

Occupational Health and Safety Authority, has made the following

regulations>-

The title of these regulations is the General Provisions for Citation.

Health and Safety at Work Places Regulations, 2003.

(1) The scope of these regulations is to introduce measures by Scope.

which to encourage and ensure improvements in the health and safety

of workers at work through the prevention of risks, the promotion and

safeguard of occupational health and safety, and through the elimination

of those risks and factors which are likely to cause accidents at work.

(2) These regulations are also intended to encourage the

exchange of all information concerning occupational health and safety

amongst all stakeholders at workplaces, and the consultation, balanced

participation and training of workers and their Health and Safety

Representatives.

(3) Nothing in these regulations shall debar the Authority

from issuing any order to any person concerning any workplace in the

interests of the occupational health or safety of a person or persons.

(1) In these regulations, unless the context otherwise requires - Interpretation.

“Act” means the Occupational Health and Safety Authority Cap. 424

Act<

“Authority” means the Occupational Health and Safety

Authority established by virtue of article 8 of the Act<

“fixed term contract of employment” means a contract of

employment for a specific term which is fixed in advance or which

can be ascertained in advance by reference to some relevant

circumstance<

“health surveillance” means any procedure or investigation

used to assess workers’ health in order to detect, identify, and

quantify any medical abnormality, and to protect the health of the

individual, collective health at the workplace, and the health of

the exposed working population, and shall include, but shall not

be limited to medical examinations, biological monitoring,

radiological examinations, questionnaires, or reviews of health

records<

“Occupational Health and Safety Officer” and “Officer” mean

an Occupational Health and Safety Officer appointed in terms of

article 15 of the Act<

“prevention” means and includes all the steps or measures

taken or planned at all stages of work carried out in an undertaking

to prevent or reduce occupational risks<

“temporary worker” includes any worker under a fixed term

contract of employment and, or any worker who has a temporary

employment relationship with an employer, including>

(i) a worker having an employment relationship

governed by a fixed term contract of employment concluded

directly between the employer and the worker, where the end

of the contract is established by objective conditions including

reaching a specific date, completing a specific task or the

occurrence of a specific event<

(ii) a worker having a temporary employment

relationship with an employer who has a temporary

employment business, and where the worker is assigned to

work for, and under the control of an undertaking and, or an

establishment making use of his services<

“Workers’ Health and Safety Representative” and

“Representative” mean a Workers’ Health and Safety

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

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

and safety of workers at all times in every aspect related to the work.

(2) An employer shall make such appropriate arrangements

for the effective planning, organisation, control, monitoring and review

of the preventive and protective measures, taking into consideration

the nature of the activities and the size of the undertaking.

(3) An employer shall take all necessary measures for the

safeguard of occupational health and safety, and for this purpose shall

prevent occupational risks and provide information and training as

required>

Provided that for these purposes, an employer shall provide

the necessary organisation and means by which to ensure the

requisite degree of occupational health and safety standards>

Provided further that, with the aim of improving existing

situations, an employer shall be alert to the need to adjust or amend

those measures taken to protect workers’ health and safety taking

account of changing circumstances.

Without prejudice to the generality of the provisions of these Further duties.

regulations, an employer shall, after taking into account the nature of

the activities of the enterprise and, or establishment>

(i) identify hazards at the place of work and shall avoid risks

to occupational health and safety<

(ii) evaluate those risks to the health and safety of workers

which cannot be avoided and shall combat them at source<

(iii) adapt the work to the individual, especially with regards

to the design of work places, the choice of work equipment and

the choice of working and production methods, with a view in

particular to alleviate monotonous work and work at a

predetermined work-rate and to reduce their effect on health.

(1) Without prejudice to the generality of the foregoing, an Evaluation by the

employer.

employer shall evaluate risks to occupational health and safety, inter

alia in the choice of work equipment, the chemical substances or

chemical preparations used, the work practices or activities, and the

design and fitting-out of work places, as well as the workers’ capabilities

to carry out safely the task or tasks entrusted to them.

(2) Subsequent to the evaluation referred to in the preceding

subregulation, and as necessary, the employer shall take all necessary

measures to prevent occupational risks to health and safety, and shall

control those factors which are likely to give rise to accidents or which

create a risk to occupational health and, or safety including where

necessary by changing the working and production methods, so as to

assure an improvement in the level of protection afforded to workers

with regard to health and safety>

Provided that such measures shall be integrated into all the activities

and at all hierarchical levels within the undertaking and, or establishment.

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

planning and introduction of new technologies are the subject of

consultation with the workers and, or their representatives, as regards

the consequences of the choice of equipment, the working conditions

and the working environment for the safety and health of workers.

(4) An employer shall take appropriate steps to ensure that

only workers who have received adequate and suitable training may

have access to areas where there is serious and specific danger.

Without prejudice to other provisions of these regulations,

where several employers, contractors and, or self-employed persons

share a work place, the employers, the contractors and the self-employed

persons shall co-operate in implementing the occupational health, safety

and hygiene provisions and, taking into account the nature of the

activities, shall co-ordinate their actions in matters which concern

protective and preventive measures, and shall inform one another and

their respective workers and, or workers’ representatives of these risks.

An employer shall not levy or permit to be levied on any

worker, any charge or deduction in wages in respect of anything done

or provided in the interests of occupational health, safety, hygiene or

welfare in pursuance of any provisions of these regulations, or of any

other regulations issued under the Act, or with respect to any measure

related to occupational health, safety, hygiene or welfare at work.

(1) In any workplace, an employer shall designate one or

more persons having the necessary aptitude, capabilities, competence

and training to assist him in undertaking the measures which are required

to be taken in relation to the protection of occupational health and safety

and the prevention and control of occupational risks>

Provided that where more than one person is so designated, or

where external services are recruited, an employer shall make

arrangements for ensuring adequate co-operation between them.

(2) Workers who have been designated to carry out the

activities referred to in the preceding subparagraph, may not be placed

at any disadvantage because of their activities related to the protection

of occupational health and safety and prevention of occupational risks.

(3) If, for whatever reason, the protective and preventive

measures required by these regulations cannot be organised for lack of

competent personnel in the undertaking and, or establishment, the

employer shall enlist competent external services or persons having the

necessary aptitudes and the necessary personal and professional means.

(4) Where the employer enlists such external services or

persons, the employer shall inform them of the factors known or

suspected to affect the health and safety of any person by the conduct

of the undertaking.

(5) Where the employer enlists such external services or

persons, the employer shall provide them with, and ensure access to,

any such information as would be required to allow them to carry out

their assigned tasks, including any information which should be given

to the workers by virtue of these regulations.

(6) In selecting designated workers or the external services

to be consulted, including the numbers required as well as the level of

professional training and competence, an employer shall also take into

consideration the size of the undertaking and, or establishment, the

number of persons present at any time, the hazards to which the workers

are exposed and their distribution throughout the entire undertaking

and, or establishment, and in the case of workers designated from within

the establishment, shall ensure that the time available for them to fulfil

their functions and the means at their disposal are adequate

(7) Where both designated workers and external services

are appointed, the employer shall ensure the co-ordination of the

activities that are to be carried out, and that they work together whenever

necessary.

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

designated workers or services are informed of the assignment of work

to temporary workers to the extent necessary for the designated workers

to be able to carry out adequately their protection and prevention

activities for all the workers in the undertaking and, or establishment.

(9) The Authority may determine the capabilities, aptitudes

and level and type of training required by designated persons for the

adequate and suitable implementation of this regulation.

(1) It shall be the duty of every employer and of every self- Risk assessments.

employed person to carry out, or to ensure that is carried out, a suitable,

sufficient and systematic assessment of all the occupational health and

safety hazards which may be present at the place of work and the resultant

risks involved concerning all aspects of the work activity. Such

assessments shall consider the risks to the health and safety of workers

and of self-employed persons to which they are exposed whilst at work,

as well as the risks to the health and safety of other persons, including

visitors to the place of work, which risks arise out of, or in connection

with the work being carried out, or by the conduct of the undertaking>

Provided that when carrying out such assessments, an

employer and a self-employed person shall also take into consideration

changes to the work activities being carried out and to the workplace,

and shall take appropriate action.

(2) Where five or more workers are employed, an employer

shall keep in his possession written or retrievable electronic copies of

such assessments, and shall ensure that they are updated regularly.

(3) An employer and a self-employed person shall decide

on the protective measures appropriate to the nature of the work being

carried out which are required to be taken following these assessments

and, if necessary, the protective equipment to be used.

(4) The assessments referred to in this regulation shall be

reviewed whenever there is any major change in working conditions,

or whenever the employer or self-employed person have reason to

suspect that they are no longer valid.

(1) An employer shall establish and give effect to

appropriate procedures to be followed in the event of serious and

imminent danger, and for this purpose shall nominate a sufficient number

of competent persons to implement those procedures to be followed

when the circumstances or the situation require the evacuation of persons

from the place of work.

(2) An employer shall>

(a) as soon as possible inform all workers who are, or may

be exposed to serious and imminent danger, of the risk involved,

and of the steps taken, or to be taken as regards protection<

(b) take action and give instructions to enable workers in

the event of serious, imminent and unavoidable danger, to stop

work and, or immediately to leave the work place and proceed to a

place of safety<

(c) refrain from asking workers, save in exceptional cases

for reasons duly substantiated, to resume work in a working

situation where there is still a serious and imminent danger.

(3) An employer shall take no action, disciplinary or

otherwise, against a worker who has removed himself from a work

situation which the worker had reasonable justification to believe

presented an imminent and serious danger to his life or health, or against

a workers’ representative who informs any worker of such work situation

presenting an imminent and serious danger to life or health.

(4) 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

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. Their actions shall not place them at any

disadvantage, unless they acted carelessly or there was negligence on

their part.

(1) It shall be the duty of an employer to provide workers Provision of

information.

and their representatives with comprehensible and relevant information

on>

(i) the risks to health and safety which are known to the

employer or which have been identified by any risk assessment

carried out by, or for the employer, and which are known to be

present at the workplace in general, as well as in respect of each

individual workstation, and in respect of any job, task or work

activity assigned to be done<

(ii) the preventive and protective measures required with

respect to all the risks identified<

(iii) the procedures to be followed in the event of serious

and imminent danger present at work, including on the evacuation

of workers, and on the arrangements made in respect of first aid,

and fire-fighting>

Provided that where appropriate, an employer shall put up

information signs which shall be placed at suitable locations indicating

the procedures and arrangements made thereon, including the names of

the person or persons responsible, their location within the establishment

and how they can best be contacted in times of need.

(2) The employer shall take appropriate measures so that

employers of workers from any outside undertakings and, or

establishments engaged in work in the undertaking and, or establishment

of the employer, receive adequate information on matters which could

affect occupational health and safety, and such information shall be

provided to the workers in question.

(3) The employer shall take appropriate measures so that

workers with specific functions in protecting the safety and health of

workers, or workers’ representatives with specific responsibility for the

safety and health of workers shall be allowed to carry out their functions,

and in particular, shall have access to>

(a) any risk assessment and protective measures referred

to previously< and

(b) all information with respect to occupational health and

safety given to the employer by outside agencies contracted by

him on any matter regarding occupational health and safety, as

well as by an Officer.

(1) It shall be the duty of an employer to consult workers

in his employ and, or the workers’ health and safety representatives, in

advance and in good time, for the purpose of making and maintaining

arrangements which will enable the employer and the workers to co-

operate fully and effectively in promoting and developing preventive

and protective measures by which to ensure the health, safety and welfare

at work, and to ascertain the effectiveness of such measures.

(2) Without prejudice to the generality of the preceding

subparagraph, workers shall choose from amongst their number a

representative or representatives as the case may be, hereinafter referred

to as the workers’ representatives, to represent them in consultations

pursuant to this regulation with their employer>

Provided that after due consultation between an employer

and his workers the number of workers is deemed to be insufficient so

as to permit the appointment of a representative, the employer shall

consult, and allow the participation of all the workers on matters referred

to in subregulation (5) to this regulation.

(3) Where in a place of work the workers fail for whatsoever

reason, to choose from amongst their number a person to represent their

interests on matters concerning occupational health and safety, the

employer shall appoint a person or a number of persons to act as the

workers’ health and safety representative, who shall also have the right

to act on the workers’ behalf after due consultation.

(4) A workers’ representative shall not carry out, or be

involved with, any work which can give rise to a conflict of interest in

the discharge of his functions pursuant to these regulations, and in

discharging such functions, the workers’ representative shall act with

the sole objective of safeguarding the workers’ health and safety.

(5) Workers and their representatives shall have the right

to make representations with, and to make proposals to their employer

on any matter which may affect the health, safety and welfare at work,

including, but not limited to-

(i) measures which may substantially affect health and

safety<

(ii) the designation of workers having specific functions

for first aid, fire-fighting and the evacuation of workers in case of

serious and imminent danger, and on the method of selection of

workers’ representatives<

(iii) those risk assessments required to be carried out by an

employer and their results, the preventive and protective measures

required to be taken<

(iv) occupational accidents, injuries and cases of

occupational ill-health occurring at the employer’s place of work<

(v) the enlistment, where and when appropriate, of those

competent services or persons outside the undertaking and / or

establishment, as referred to in regulation 9 (3)<

(vi) all information required to be given to workers by virtue

of these regulations and of any other regulations issued under the

Act<

(vii) the planning and organisation of the training required

to be given to workers by virtue of these regulations and by other

regulations issued under the Act.

(6) Workers’ representatives 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 to remove sources of

danger.

(7) Workers and the workers’ representatives may not be

placed at a disadvantage because of any activity taken pursuant to any

matter relating to the protection of occupational health and safety .

(8) Employers shall allow workers’ representatives with

specific responsibility for occupational health and safety adequate time

off work, without loss of pay, and provide them with the necessary

means to enable such representatives to exercise their rights and

functions deriving from these regulations.

(9) Workers and, or their representatives are entitled to make

representations to the Authority if they consider that the measures taken,

and the means employed by the employer are inadequate for the purposes

of ensuring health and safety at work.

(10) Workers’ representatives must be given the opportunity

to submit their observations during visits by Officers.

(1) The employer shall ensure that each worker receives

Training of workers

and representatives.

adequate training on health and safety, in particular in the form of

information and instructions specific to the workstation and to the task

assigned>

(i) on recruitment<

(ii) in the event of a transfer or a change of job or task<

(iii) in the event of the introduction of new work

equipment or a change in equipment<

(iv) on the introduction of any new technology<

(v) on the introduction of new work practices.

(2) The training referred to in the preceding paragraph shall

be adapted to take account of new or changed risks, and repeated

periodically where necessary.

(3) An employer shall ensure that workers from outside

undertakings and, or establishments engaged in work in his undertaking

and, or establishment have in fact received appropriate instructions

regarding health and safety risks during their activities in his undertaking

and, or establishment.

(4) Workers’ representatives shall be entitled to appropriate

training.

(5) Training that is commissioned by an employer and given

to workers or to workers’ representatives by virtue of these regulations

shall be at the expense of the said employer.

(6) The training given to workers and to the workers’

representatives must take place during working hours.

(1) It shall be the duty of each worker to take care as far as

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

who can be affected by his acts or commissions at work in accordance

with the training and the instructions given by the employer.

(2) Without prejudice to the generality of the foregoing, it

shall be the duty of a worker to>

(i) make correct use of machinery, apparatus, tools,

dangerous substances, transport equipment and other means of

production<

(ii) make correct use of the personal protective equipment

supplied to him and, after use, return it to its proper place<

(iii) refrain from disconnecting, changing or removing

arbitrarily safety devices fitted to machinery, apparatus, tools, plant

and buildings, and to use such safety devices correctly<

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

with specific responsibility for the safety and health of workers of

any work situation he has reasonable grounds for considering that

it represents a serious and immediate danger to safety and health

and of any shortcomings in the protection arrangements<

(v) cooperate with the employer and with workers having a

specific responsibility for the safety and health of workers, for as

long as may be necessary to enable to be carried out any tasks or

requirements imposed by the Authority to protect the safety and

health of workers at work<

(vi) cooperate with the employer and, or workers with

specific responsibility for the safety and health of workers, for as

long as may be necessary to enable the employer to ensure that the

working environment and working conditions are safe and pose

no risk to safety and health within their field of activity.

(1) A worker is entitled to undergo health surveillance at Health surveillance.

regular intervals, and for this purpose an employer shall ensure that

workers are provided with health surveillance appropriate to the health

and safety risks at work, and shall make all arrangements as are required.

(2) Without prejudice to the generality of the preceding sub-

regulation, health surveillance shall be carried out whenever the risk

assessments required to be performed by an employer reveal>

(i) an identifiable disease or adverse health condition related

to the work involved<

(ii) the likelihood that the disease or condition may occur

under the particular conditions of work.

(3) After a worker undergoes health surveillance as is

required under this regulation, the employer shall only be entitled to be

given by the person carrying out the surveillance, such medical details

as are directly related to the work being carried out or to the conditions

of work, provided that such information is given under strict confidential

cover.

It shall be the duty of an employer to take all measures and

precautions so as protect particularly sensitive risk or vulnerable groups

against the dangers which specifically affect them.

(1) An employer shall ensure that temporary workers are

Temporary workers.

afforded the same level of occupational health and safety protection as

that of other workers in the user undertaking and, or establishment, and

for this purpose shall remain responsible, for the duration of the

assignment, for the conditions connected with safety, hygiene and health

at work governing performance of the work>

Provided that the existence of an employment relationship which

is particular or specific to a worker by reason of his being a temporary

worker, shall not justify different treatment with respect to working

conditions inasmuch as the protection of safety and health at work are

involved, especially with regards to access to personal protective

equipment.

(2) An employer shall provide temporary workers with

comprehensible information on-

(i) any special occupational qualifications or skills required

to be held by that worker as to allow him to work safely< and

(ii) any health surveillance required to be provided under

these regulations or under any other regulations issued under the

Act.

(iii) the specific features of the job to be filled by the

temporary worker, including any additional specific risks, insofar

as these features are likely to affect occupational health and safety>

Provided that such information shall be given to the temporary

worker before the said worker commences his duties>

Provided further that where indicated by reason of any risks to

health and safety arising out of, or present during the job to which a

temporary worker has been assigned work, an employer shall provide

sufficient training appropriate to the particular characteristics of the

job, taking into account the temporary worker’s qualifications and

experience.

(3) Where the work to be assigned to a temporary worker

requires medical surveillance by virtue of the work being associated

with severe risks to health and, or safety, an employer shall under no

circumstance allow that work to be carried out by a temporary worker

unless special medical surveillance is provided which is appropriate to

the work to be assigned>

Provided that where indicated, an employer shall also be

responsible for ensuring that the special medical surveillance extends

beyond the end of the employment relationship of the worker concerned.

(4) An employer shall inform a temporary employment

business of the occupational qualifications required and the specific

features of the job to be filled when requesting temporary workers to

be provided by the temporary employment business, and such temporary

employment business shall bring all these facts to the attention of the

workers concerned. The temporary employment business shall also

ensure that such information is entered into any contract signed with

the employer for the provision of temporary workers, which inter alia,

shall also include details of any medical surveillance required.

(1) No person shall intentionally or recklessly interfere Duty not to interfere

and misuse.

with or misuse anything provided in the interests of occupational health

and safety in pursuance of any provisions of these regulations or any

other provisions issued under the Act.

(2) No person shall tamper with any equipment or appliance

provided for the protection of workers as to render such equipment or

appliance ineffective or unsuitable for the purpose it was originally

intended, or to misuse anything provided as aforesaid, or to do anything

whatsoever that can endanger the health or safety of workers.

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.

(1) Any breach of any provision of these regulations shall Offences.

be deemed an offence.

(2) Any person who knowingly or recklessly interferes

with the process of providing a safe and healthy place of work, shall be

guilty of an offence.

Regulations 9, 11, 33, 43, 44, 45, 47, 48, 49, 50, 52, 53, 58,

59 and 60 of the Factories (Health, Safety and Welfare) Regulations,

1986, and the Schedule attached thereto, shall be considered repealed

on the date of coming into force of these regulations.

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