MT
Regulations, 2012
Table of Provisions (10)
Statutory Text (10 Articles)
L.N. 36 of 2012
OCCUPATIONAL HEALTH AND
SAFETY AUTHORITY ACT
(CAP. 424)
Occupational Health and Safety (Payment of Penalties)
Regulations, 2012
IN EXERCISE of the powers conferred by article 12 of the
Occupational Health and Safety Authority Act, the Minister for
Health, the Elderly and Community Care, in consultation with the
Occupational Health and Safety Authority, has made the following
regulations
(1) The title of these regulations is the Occupational
Health and Safety (Payment of Penalties) Regulations, 2012.
(2) The scope of these regulations is to establish a list
of offences for which the Authority may intimate for the payment
of a penalty, and to establish the penalties to be paid.
Penalty
(€)
Workplace equipment or machinery in use not
inspected, examined, tested and, or certified
The stipulated penalty shall apply for each item of
equipment or machinery which has not been
examined, tested and, or certified within the
prescribed time from when the obligation falls due,
and, or in cases where (i) no certificate required to
be sent has been sent, or (ii) no entry in a register
Not carrying out a suitable, sufficient and
systematic assessment of all occupational health
and safety hazards and the resultant risks involved.
Description of Contravention
is made, or (iii) no register is kept.
according to OHS legislation.
Legal Notice 43 / 2002
Legal Notice 91 / 2000
Legal Notice 92 / 2000
Legal Notice 36/2003.
Employer not performing suitable and sufficient
occupational health and safety hazards which may
be involved at the place of work, before engaging
occupational health and safety hazards which may
work to any pregnant or breastfeeding worker or to
Levying or permitting to be levied a charge or
anything done or provided in the interests of
occupational health, safety, hygiene or welfare
pursuant to the regulations. The penalty shall be
applied to an organisation, irrespective of the
assessments of the health and safety risks to which
Employer not carrying out an assessment of the
Employer not carrying out an assessment of the
be involved at the place of work, before assigning
deduction of wages of any worker in respect of
workers are exposed in consequence of VDU use.
or offering work to any young person.
number of employees affected.
a mother.
Legal Notice 281 / 2004, Legal Notice 37 / 2003, as amended by Legal
Notice 6 / 2005(COMAH), Legal Notice 323 / 2006
Legal Notice 36 / 2003.
Legal Notice 52 / 1986.
Legal Notice 281/2004.
Legal Notice 35/2003.
Not ensuring the appointment of workers health
The commencement of work which requires prior
Non notification of any accident which results in
than three consecutive days. The penalty applies
Not complying with obligations laid down in
Requesting workers to handle a load, which by
reason of its characteristics or because of
unfavourable ergonomic conditions, involves a
risk particularly of back injury to workers, without
first having taken appropriate organisational
notification, authorization or submission of plan of
work to the OHSA without such an obligation
either the death of or a major injury to any person
or, in the case of an employee at work, in that
employee being incapacitated for work for more
Schedule IV to Legal Notice 281/2004.
for each injury not notified.
and safety representatives.
being fulfilled.
Legal Notice 281/2004.
Legal Notice 36/2003.
Legal Notice 36/2003.
Legal Notice 36/2003.
Legal Notice 36/2003.
Legal Notice 36/2003.
measures, or provided appropriate mechanical
means in order to avoid the need for manual
or misuses anything provided in the interests of
Not keeping a written or retrievable electronic
copy of a risk assessment when more than 5
Not providing workers and their representatives
Worker not taking care of his/other persons' health
Temporary workers are not afforded adequate
A person intentionally or recklessly interferes with
and safety in accordance with the training and the
with comprehensible and relevant information.
A client not appointing a project supervisor/s.
instructions given by an employer.
occupational health and safety.
workers are employed.
handling.
Cap. 424 / Legal Notice 36 / 2003.
Legal Notice 281/2004.
Legal Notice 282/2004.
Legal Notice 36/2003.
Legal Notice 52/1986.
Legal Notice 36/2003.
Employer fails to ensure that where there is a risk
equipment which could lead to accidents, those
parts must be provided with guards or devices to
A project supervisor not ensuring the preparation
Workers not cooperating with employer and, or
safety
representatives and, or workers having a specific
Worker not taking care of his and / or other
persons' health and safety in accordance with the
of mechanical contact with moving parts of work
prevent access to danger zones or to halt
movements of dangerous parts before the danger
protective
equipment and, or clothing, and, or not ensuring
training and the instructions given by an employer.
responsibility for the safety and health of workers.
and
personal
health
health and safety protection.
providing
of a health and safety plan
workers
zones are reached.
not
appointed
Employer
Legal Notice 282/2004.
Legal Notice 282/2004.
Legal notice 282/2004.
with any monitoring equipment installed, put up or
case of personal monitoring equipment, on a
on
Tower crane not certified after installation and
Person/s lifted without adequate safety measures
Self-employed person not taking measures to
safeguard one’s own health and safety and that of
other persons who can be affected by reason of the
A person breaks or tampers with any seal made, or
left by an OHS Officer in a work place, or in the
Lifting equipment with suspended loads left
that workers make full and correct use of such.
outriggers
inadequate supports or unstable ground.
before being put into service on a site.
or cage which has not been certified.
with
operated
work which is carried out.
without surveillance.
crane
worker.
Mobile
Legal Notice 37/2003, as amended by Legal Notice 6/2005.
Legal Notice 37/2003, as amended by Legal Notice 6/2005.
Legal Notice 37/2003, as amended by Legal Notice 6/2005.
Legal Notice 37/2003, as amended by Legal Notice 6/2005.
Legal Notice 37/2003, as amended by Legal Notice 6/2005.
Legal Notice 282/2004.
Legal Notice 36/2003.
Legal Notice 36/2003.
Person/s lifted on forklift truck without certified
An operator of a COMAH establishment not
An operator of a COMAH establishment not
An operator of a COMAH establishment not
An operator of a COMAH establishment not
An operator of a COMAH establishment not
No person/s designated by an employer to assist
him in undertaking the measures relating to
Workers who are entitled to undergo health
surveillance not provided with such health
providing information to the Competent Authority.
preparing a major accident prevention policy.
reviewing and revising a safety report.
preparing an internal emergency plan.
occupational health and safety.
producing a safety report.
surveillance.
attachments.
Legal Notice 37/2003, as amended by Legal Notice 6/2005.
Cap. 424 / Legal Notice 36/2003.
Legal Notice 11 of 2002.
Legal Notice 11 of 2002.
An operator of a COMAH establishment not
supplying information on safety measures and on
the requisite behaviour in the event of a major
Ensure that all open edges are effectively
Ensure that work equipment is operated
aid
equipment and facilities as are adequate and
appropriate for enabling first aid to be rendered to
whosoever becomes injured or ill inside the
Employer not ensuring the presence at all times of
such a number of first aiders as is adequate and
appropriate in the circumstances for rendering first
first
Prevent risks of falls from heights;
adequate
Employer not taking measures to
providing
fenced / guarded;
correctly
not
workplace
Employer
accident.
•
•
•
Legal Notice 11 of 2002.
Legal Notice 11 of 2002.
Legal Notice 44 of 2002.
Legal Notice 44 of 2002.
Legal Notice 44 of 2002.
Employer not providing and maintaining a suitably
equipped first-aid room where two hundred or
more employees are at work in a place of work, or
where the type of activity or the frequency of
A self - employed person not providing or
ensuring that there is provided, adequate first aid
equipment to enable him to render first aid to
himself while he is at work, or for others to give
Employer not taking the necessary measures for
fire-fighting and evacuation of workers in the
aid to employees if they are injured or become ill
Employer not ensuring the structure and solidity of
Blocked, inaccessible and / or locked emergency
event of serious and imminent danger.
any building or structure.
accidents so dictate.
him first aid.
at work.
exits.
Legal Notice 44 of 2002.
Legal Notice 45 of 2002.
Employer mot making effective and suitable
provisions to ensure that every workplace,
particularly if enclosed, 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
Inadequate or no health and / or safety signage.
process of work carried out in the workplace.
In case of a continuous hoist or a hoist or Report to be sent to
Report to be sent to
Action required to be
taken by Employer
Register to be kept.
Register to be kept.
Register to be kept.
Register to be kept.
lift which is not connected to mechanical OHSA.
OHSA.
12 months, and after any extensive repairs
12 months, and after any extensive repairs
Examination/Testing/Certification
SCHEDULE II (In respect of workplace machinery or equipment)
Frequency of
Unfenced: every 6 months
power – every 12 months
Fenced: every 12 months
6months (goods lifts)
Every 14 months
Every 6 months
Applicable regulation
Legal Notice 25 of 1984.
Legal Notice 47 of 1964.
Legal Notice 52 of 1986.
Legal Notice 52 of 1986.
Legal Notice 34 of 1976.
Legal Notice 34 of 1976.
Type of machinery or equipment
Lifting machines, including cranes
Chains, ropes and lifting tackle
Hoists and goods lifts
Steam water boilers
Hot water boilers
Power presses
and winches
in Report to be sent to
in Report to be sent to
Examination and certification of escalators Report to be sent to
OHSA
OHSA
OHSA
lifts
lifts
and travelators every six months
of
of
workplaces every six months
workplaces every six years
examination
inspection
Preventive
Thorough
Legal Notice 231 of 2007.
Legal Notice 231 of 2007.
Legal Notice 44 of 2002.
Passenger and Passenger goods
Passenger and Passenger goods
Escalators and travelators
lifts
lifts
€1.35
In these regulations, unless the context otherwise
requires
“the Act” means the Occupational Health and Safety
Authority Act;
“the Authority” means the Occupational Health and
Safety Authority established by virtue of article 8 of the Act.
(1) Where the Authority intimates any person for the
payment of a penalty as provided for in article 38 (3) of the Act,
the amount of such penalty shall be determined by reference to
Schedule I to these regulations.
(2) The first column of Schedule I to these regulations
provides a general description of the infringement, which
description shall not be relied on in interpreting the relevant
regulation cited, the second column establishes the penalty to be
paid and the third column refers to the regulations for which a
penalty is applicable.
(3) The penalty shall become due on the day on which
such intimation is received.
(4) If the intimated party fails to pay the penalty or
penalties due within fifteen days from receipt of the intimation,
the said party shall be liable to the legal proceedings referred to in
article 38 of the Act, leading, on conviction, to a fine in respect of
each and every infringement, which in any case shall not be less
than the fine or fines intimated by the Authority.
(5) The Authority may also in its discretion direct that
any fine to which any person is liable, may be paid by installments
in such amounts and in relation to such recurrent intervals as the
Authority may deem fit, but so nevertheless that the period over
which the whole amount shall be paid shall in no case exceed three
years, and that in default of payment of any one such installment
the whole of the amount outstanding shall become and be
immediately due and payable.
(6) For the purposes of these regulations, penalties
due following the intimation by the Authority for the payment of a
penalty, are deemed to be civil debts.
The Minister may amend the Schedules to these
regulations, which shall be published in the Gazette, and any such
changes will become effective on the date of publication.
Where by virtue of the Act or of any regulation made
thereunder, it is for an accused person to prove 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, the Authority may intimate that person for the
payment of a penalty, for having disregarded any provision of any
published Code of Practice or other forms of guidance issued by
the Authority, if in the opinion of the Authority, such person was
not taking suitable or sufficient measures for the protection of
occupational health and safety.
(1) The payment of a penalty shall not prejudice the
duty of a person to undertake any measure by which occupational
health and safety may be safeguarded, whether such duty arises out
of the Act or any regulation issued thereunder, or out of an order
issued by an Occupational Health and Safety Officer in terms of
the Act.
(2) These regulations shall be without prejudice to the
power of an Occupational Health and Safety Officer to issue an
order in terms of article 17 of the Act.
Where, following the payment of a penalty, the violation
of any provision of the Act or any regulation made thereunder
persists regardless of any instructions the Authority may have
given for the redress of the same, the Authority may institute the
proceedings referred to in article 38 of the Act for such continuing
violation or may issue an intimation for the payment of another
penalty in lieu of the said proceedings, provided that an intimation
may be issued for every day that such violation continues without
redress.
(1) The infringements described in the Schedules to
these regulations, and the penalties cited shall also apply mutatis
mutandis with reference to other regulations issued under the Act,
and the fact that such a reference is not made in the Schedules to
these regulations shall not be reason for the non-application of
these regulations.
Provided that the penalties shown in the Schedules to
these regulations shall also be used in such cases.
(2) Where no specific regulation exists, the Authority
shall cite the closest equivalent description of an infringement,
which shall also apply mutatis mutandis, taking account of the
circumstances of the work activity or activities being carried out,
and when sending an intimation for the payment of the penalty,
the penalty stipulated in the Schedules to these regulations for the
closest equivalent infringement shall apply.
The legal references for this penalty are listed in Schedule II to these
Legal Reference
Legal Notice 36/2003.
regulations.