Occupational Health and Safety (Payment of Penalties)

L.N. 123 of 2020

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY ACT

(CAP. 424)

Occupational Health and Safety (Payment of Penalties)

(Amendment) Regulations, 2020

IN EXERCISE of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Minister

responsible for European Affairs and Equality, after consultation with

the Occupational Health and Safety Authority, has made the following

regulations:-

The title of these regulations is the Occupational Health Citation and

and Safety (Payment of Penalties) (Amendment) Regulations, 2020, date

into force.

and these regulations shall be read and construed as one with the

Occupational Health and Safety (Payment of Penalties) Regulations, S.L. 424.33.

hereinafter referred to as "the principal regulations".

(2) These regulations shall come into force within two (2)

months from the publication thereof in the Gazette.

Sub-regulation (2) of regulation 3 of the principal regulations

shall be substituted by the following

"(2) The second column of Schedule I provides a general

description of the infringement, which description shall not be

relied on in interpreting the relevant regulation cited, the third

column establishes the penalty to be paid and the fourth column

refers to the regulations for which a penalty is applicable.".

Immediately after regulation 8 of the principal regulations Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

" Transitory

Any pending penalty imposed and,

provision.

or judicial proceedings instituted under these

regulations shall continue to be regulated by the

Schedules which were contained in these

regulations, prior to their substitution.".

4. Schedule I of the principal regulations shall be substituted by

Substitutes

Schedule I of

the following

the principal

regulations.

"SCHEDULE I

Penalty

Legal

Description of Contravention

(€)

Reference

1. Workplace equipment or machinery in use not

inspected, examined, tested and, or certified

The

legal

according to OHS legislation.

references for

The stipulated penalty shall apply for each item

this penalty

of equipment or machinery which has not been

a r e li s t ed in

examined, tested and, or certified within the

Schedule II to

prescribed time from when the obligation falls

these

due, and, or in cases where (i) no certificate

regulations.

required to be sent has been sent, or (ii) no entry

in a register is made, or (iii) no register is kept.

2. No t carryin g ou t a s u itabl e, s uffici ent and

systematic assessment of all occupational health

a n d s afe ty ha zar ds a n d th e r es ul t a n t r i s ks

involved.

3. Employer not performing suitable and sufficient

assessments of the health and safety risks to

which workers are exposed in consequence of

VDU use.

4. Employer not carrying out an assessment of the

occupational health and safety hazards which

may be involved at the place of work, before

engaging or offering work to any young person.

5. Employer not carrying out an assessment of the

occupational health and safety hazards which

may be involved at the place of work, before

assigning work to any pregnant or breastfeeding

worker or to a mother.

6. Levying or permitting to be levied a charge or

deduction of wages of any worker in respect of

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

number of employees affected.

7. N o t e nsu ri ng t he app o in t m en t of work e rs’

health and safety representatives.

8. The commencement of work which requires

prior notification, authorisation or submission

S.L. 424.36;

of plan of work to the OHSA without such an

obligation being fulfilled.

9. Non-notification of any accident which results

in 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 than three consecutive days. The penalty

applies for each injury not notified.

(€)

Reference

Not complying with obligations laid down in

Sch ed ule IV to the Wo rk P lace (M i n imum

Health and Safety Requirements for Work at

Construction Sites) Regulations.

Requesting workers to handle a load, which by

re as on o f it s c harac t eri st i cs or bec au s e of

unfavourable ergonomic conditions, involves a

risk particularly of back injury to workers,

without first having taken appropriate

organisational measures, or provided

appropriate mechanical means in order to avoid

the need for manual handling.

A person intentionally or recklessly interferes

w i t h o r m i s u s e s a n y t h i n g pr o vi d e d i n t h e

interests of occupational health and safety.

Not keeping a written or retrievable electronic

copy of a risk assessment when more than 5

workers are employed.

Not providing workers and their representatives

with comprehensible and relevant information.

Worker not taking care of his/other persons’

health and safety in accordance with the training

and the instructions given by an employer.

Temporary workers are not afforded adequate

health and safety protection.

A project supervisor not ensuring the

preparation of a health and safety plan.

Workers not cooperating with employer and, or

appointed workers’ health and safety

Cap. 424;

representatives and, or workers having a

specific responsibility for the safety and health

of workers.

Employer fails to ensure that where there is a

risk of mechanical contact with moving parts of

work equipment which could lead to accidents,

those parts must be provided with guards or

devices to prevent access to danger zones or to

halt movements of dangerous parts before the

danger zones are reached.

Employer not providing personal protective

equipment and, or clothing, and, or not ensuring

that workers make full and correct use of such.

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 work which is carried out.

A person breaks or tampers with any seal made,

or with any monitoring equipment installed, put

up or left by an OHS Officer in a work place, or

in the case of personal monitoring equipment,

on a worker.

(€)

Reference

Work equipment designed for li fting loads

which is mobile or can be dismantled not being

used in such a way as to ensure the stability of

the work equipment

Tower crane not certified after installation and

before being put into service on a site.

Lifting equipment with suspended loads left

without surveillance.

Person/s lifted without adequate safety

measures or cage which has not been certified.

Person/s lifted on forklift truck without certified

attachments.

No person/s designated by an employer to assist

him in undertaking the measures relating to

occupational health and safety.

Workers who are entitled to undergo health

survei llance not provide d with such health

surveillance.

Employer not taking measures to

•

prevent risks of falls from heights;

Cap. 424;

•

ensure that all open edges are effectively

fenced / guarded;

•

ensure that work equipment is operated

correctly.

Em pl oy er not pr ov id i ng a deq uat e f irs t ai d

equipment and facilities as are adequate and

appropriate for enabling first aid to be rendered

to whosoever becomes injured or ill inside the

workplace.

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 aid to employees if they are

injured or become ill at work.

Empl oy er n ot p roviding and mai ntaini ng 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 accidents so dictate.

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 him first aid.

Blocked, inaccessible and / or locked

emergency exits.

Employer not taking the necessary measures for

fire-fighting and evacuation of workers in the

event of serious and imminent danger.

Employer not ensuring the structure and solidity

of any building or structure.

(€)

Reference

Employer not making effective and suitable

provi sions to ensure that every workplace,

p ar ticu larl y if encl osed, i s ve ntil ated 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.

S.L. 424.16 ".

Inadequate or no health and / or safety signage.

5. Schedule II of the principal regulations shall be substituted Substitutes

Schedule II of

by the following

the principal

regulations.

"SCHEDULE II

(In respect of workplace equipment and machinery)

Frequency of

Action required to

Type of machinery or

Applicable

Examination/Testing/

be taken by

equipment

regulation

Certification

Employer

1. Goods Lifts

S.L. 424.35 Every 6 months

Copy of examination

report to be sent to

OHSA.

2. Lifting machines

Every 12 months

Copy of examination

Every 6 months if

report to be kept

S.L. 424.35 used for lifting per-

available for

sons

inspection.

3. Chains, ropes and lifting

Register to be kept

and copy of

tackle

S.L. 424.35 Every 6 months

certificate to be kept

available for

inspection.

Every 12 months, and Copy of examination

after any extensive

report to be kept

4. Steam boilers

repairs

available for

inspection.

Preventive inspection Copy of preventive

Passenger and Passenger

5. S.L. 427.63 of lifts in workplaces inspection report to

goods lifts

every 6 months

be sent to OHSA.

Thorough

Copy of thorough

Passenger and Passenger

examination of lifts in

6. inspection report to

workplaces every 6

goods lifts

be sent to OHSA.

years

Examination and

Copy of examination

certification of

report to be sent to

Escalators and moving

7. S.L. 424.35 escalators and moving OHSA

walkways

walkways every 6

months

".

€0.54