Regulations, 2012.

L.N. 436 of 2012

OCCUPATIONAL HEALTH AND SAFETY

AUTHORITY ACT

(CAP. 424)

Protection of Maternity at Work (Amendment)

Regulations, 2012.

IN EXERCISE of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, 2000, the Minister

for Health, the Elderly and Community Care, in consultation

with the Occupational Health and Safety Authority, has made the

following regulations

The title of these Regulations is the Protection of Title

Maternity at Work (Amendment) Regulations, 2012, and they shall L.N. 92 of 2000.

be read and construed as one with the Protection of Maternity at

Work Places Regulations, 2000, hereinafter referred to as “the

principal regulations”.

In sub-regulation (1) of regulation 2 of the principal

regulations, the definition of the term “breastfeeding worker” shall

be deleted and substituted by the following

““breastfeeding worker” means a breastfeeding Cap. 452.

employee as defined in the Employment and Industrial

Relations Act, or in subsidiary legislation;”

In the definition of the term “child” in sub-regulation 1

of regulation 2, the words “and any child under three years of age”

shall be deleted.

In sub-regulation (1) of regulation 2 of the principal

regulations, the term “Director” shall be deleted and any reference

to it in the principal regulations shall be taken to mean the

Occupational Health and Safety Authority established by virtue of

Chapter 424 of the Laws of Malta.

In sub-regulation (1) of regulation 2 of the principal

regulations, the definition of the term “pregnant worker” shall be

deleted and substituted by the following

““pregnant worker” means a pregnant worker as defined

in the Employment and Industrial Relations Act, or in

subsidiary legislation;” Cap. 452.

Sub-regulation 2 of regulation 2 of the principal

regulations shall be deleted.

Subregulations (2), (3), (4) and (5) of regulation 6 of the

principal regulations are hereby deleted.

Subregulations (2), (3), (4) and (5) of regulation 7 of the

principal regulations are hereby deleted.

Regulations 8 and 9 and 11 of the principal regulations

are hereby deleted.

Regulation 10 of the principal regulations shall be

renumbered regulation 8.

The following new regulation to the principal

regulations, shall be inserted

“9. In any proceedings for an offence under these

Onus of proof

regulations 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.”

€0.18