the Issuance of Administrative Penalties) Regulations, 2024

L.N. 322 of 2024

HEALTH AND SAFETY AT WORK ACT

(CAP. 646)

Health and Safety at Work (Procedures in relation to

the Issuance of Administrative Penalties) Regulations, 2024

IN EXERCISE of the powers conferred by article 45 of the

Health and Safety at Work Act, the Minister responsible for health and

safety at work has made the following regulations:-

(1) The title of these regulations is the Health and Safety

at Work (Procedures in relation to the Issuance of Administrative

Penalties) Regulations, 2024.

(2) The scope of these regulations is to establish a non-

exhaustive list of breaches in terms of article 25 and of the paragraphs

(a) to (e) of the proviso to article 26(3) of the Act, for which the

Authority may call upon for payment of an administrative penalty, and

to establish the penalty to be paid as may be determined by the

Authority, which may be further specified by the Authority through

administrative instruments.

Legislation

Referen-

Description of breach

Administrative

ce

Penalty

number

(Maximum)

of the

(€)

breach

Health and Safety at

Failed to ensure that workers’ health and

safety representative has been appointed.

Work Act (

Cap. 646)

Dock Safety

Failure to certify machinery, gear, lifting

machinery and other requirements as required by

Regulations

the Dock Safety Regulations .

(S.L. 646.02)

Failure to keep and maintain a register

containing tests and certificates.

Failure to be in possession of a written

approval from an engineer and permission from the

owner or his responsible agent, when the safe

working load of a crane is exceeded.

Work Places

Failure to send a notification regarding an

occupational disease unless a disease and, or

(Health, Safety and

obligation is elsewhere specified.

Welfare)

Failure to send a notification regarding

Regulations

injuries or fatalities at work.

(S.L. 646.03)

Failure to keep a general register at the place

of work.

Protection of Young

Failure to keep a register with the relevant

details about the employment of a young person as

Persons at Work

specified by the Protection of Young Persons at

Places Regulation

Work Places Regulation.

(S.L. 646.04)

Failure to evaluate the potential health and

safety at work risks at the workplace prior to hiring

or assigning tasks to any young person.

Protection of

Failed to evaluate the type and level of any

potential danger at the workplace, when assigning

Maternity at Work

tasks to a pregnant, breastfeeding worker, or a

Places Regulations

mother.

(S.L. 646.05)

Work Place (First

Failed to put up signs indicating the name of

every first-aider or appointed person, and how they

Aid) Regulations

can be contacted whenever first aid is required to be

(S.L.646.06)

given.

Minimum Health

Failed to keep a written record, with the

specified details of all displayed screen equipment

and Safety

and workstations, their users and measures taken to

Requirements for

safeguard health and safety at work.

Work with Display

Failed to maintain the written record of

Screen Equipment

display screen equipment, the list of users, the

Regulations

measures to safeguard occupational health and

(S.L. 646.07)

safety in terms of regulation 4 of the Minimum

Health and Safety Requirements for Work with

Display Screen Equipment Regulations.

Failed to conduct suitable and sufficient

analysis for the purpose of assessing the health and

safety risks to which workers are exposed in

consequence of using display screen equipment.

Work Place

Failed to keep a register with the details of

the designated workers responsible for the

(Minimum Health

implementation of the measures required for

and Safety

firefighting and for the evacuation of workers.

Requirements)

Failed to keep a record of the fire drill

Regulations

carried out.

(S.L. 646.08)

Protection against

Failure to assess the health and safety

conditions of the type of work in advance, where

Risks of Back

reasonably practicable, and specifically a failure to

Injury at Work

examine the characteristics of loads.

Places Regulations

(S.L. 646.10)

General Provisions

Failed to keep a written or electronic record

of the risk assessment, where five(5) or more

for Health and

workers are employed.

Safety at Work

Failed to carry out, or to ensure that is

Places Regulations

carried out, a suitable, sufficient and systematic

(S.L. 646.11)

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.

Control of Major

Failed to notify the "competent authority"

defined in Control of Major Accident Hazard

Accident Hazard

Regulations with any of the requirements in

Regulations

accordance with the said regulations.

(S.L. 646.12)

Failed to send the major-accident prevention

policy in accordance with established time-limits.

Upper Tier operators who failed to send the

safety report or updated parts thereof to the

competent authority within the established time-

limits.

Failed to send the necessary information to

the competent authority, to enable the Civil

Protection Department to draw up external

emergency plans.

Failed to send as soon as practicable

following a major accident, relevant accident

information listed in Control of Major Accident

Hazard Regulations.

Failed to draw up a document in writing,

setting out the major-accident prevention policy

(MAPP).

Failed to draw up an internal emergency

plan for the measures to be taken inside the

establishment.

15000

Failed to keep the notification up to date

according to regulation 5(2) of the Control of Major

Accident Hazard Regulations.

Failed to periodically review and update the

major accident prevention policy when necessary,

at least every five (5) years, without prejudice to

regulation 9 of the Control of Major Accident

Hazard Regulations.

Failed to review and where necessary

update the safety report following a major accident

at its establishment, and at any other time when

initiated or requested as provided in regulation 8(5)

of the Control of Major Accident Hazard

Regulations, without prejudice to regulation 9 of

the said regulations.

Failed to inform the Authority and update

records following a major accident as provided in

regulation 12 of the Control of Major Accident

Hazard Regulations.

Minimum

Failure to analyse and assess unavoidable

risks in defining the characteristics that the

Requirements for

personal protective equipment shall have in order to

the Use of Personal

provide effective protection against risks.

Protective

Equipment at Work

Regulations

(S.L. 646.13)

Protection of

Failed to notify the Authority about all cases

of cancer, adverse effects on sexual function and

Workers from the

fertility or developmental toxicity in their

Risks related to

offspring.

Exposure to

Failure to draw up plans to deal with

Carcinogens or

emergencies likely to result in abnormally high

Mutagens or

exposure.

Reprotoxic

Failed to keep an up-to-date list of the

Substances at Work

workers engaged in the activities in respect of

Regulations

which the results of a risk assessment reveals a risk

(S.L. 646.14)

to workers’ health or safety.

Failed to keep any medical record required

under the Protection of Workers from the Risks

related to Exposure to Carcinogens or Mutagens or

Reprotoxic Substances at Work Regulations for the

stipulated duration.

Failed to keep with regard to reprotoxic

substances, the list of workers and the medical

records required by the Protection of Workers from

the Risks related to Exposure to Carcinogens or

Mutagens or Reprotoxic Substances at Work

Regulations for the stipulated duration.

Failed to make available to the Authority,

documents which include lists and medical records

with regard to carcinogens and mutagens referred

to the Protection of Workers from the Risks related

to Exposure to Carcinogens or Mutagens or

Reprotoxic Substances at Work Regulations in

cases where the undertaking ceases activity.

Failed to keep an up-to-date list of the

workers engaged in the activities in respect of

which the results of the assessment referred a risk

to workers’ health or safety.

Failure to assess the risk to the health or

safety of workers in relation to exposure to

carcinogenic, mutagenic or reprotoxic substances.

Protection of

Failed to notify the Authority before

commencing work involving asbestos.

Workers from the

Risks related to

Failed to notify the Authority in cases were

change in working conditions is likely to result in a

Exposure to

significant increase in exposure.

Asbestos at Work

Failed to send the plan of work before the

Regulations

start of the projected work.

(S.L. 646.15)

Failed to provide the Authority evidence of

the contractor’s ability in this field before carrying

out asbestos demolition or removal work.

Failure of any government department,

agency or entity that has been notified of the

occurrence of a case of asbestosis and, or

mesothelioma to notify the Authority of such cases.

Failed to draw up a plan of work before

demolition work or work on removing asbestos

and, or asbestos-containing products.

Failed to keep a record of all health

surveillance and medical assessments required by

the Protection of Workers from the Risks related to

Exposure to Asbestos at Work Regulations for the

stipulated duration.

Failed to keep the register required by the

Protection of Workers from the Risks related to

Exposure to Asbestos at Work Regulations for the

stipulated duration.

Failed to make available to the Authority,

documents as referred to in the Protection of

Workers from the Risks related to Exposure to

Asbestos at Work Regulations in cases where the

undertaking ceases activity.

Failure to assess the risk to the health or

safety of workers in relation to exposure to asbestos

dust or to asbestos-containing materials.

Protection of the

Failed to forward to the Authority reports on

occupational accidents suffered by his workers

Health and Safety

without undue delay.

of Workers from the

Failed to give advance notice of relevant

Risks related to

work hazards, hazard identification arrangements,

Chemical Agents at

precautions and procedures, so that the emergency

Work Regulations

services can prepare their own response procedures

(S.L. 646.16)

and precautionary measures.

Failed to make available health surveillance

and exposure records to the Authority, or to the

worker concerned as the case may be.

Failed to keep an assessment of the risks to

health and safety at work, including those facing

groups of workers exposed to particular risks.

Failed to keep a list of occupational

accidents resulting in a worker being unfit for work

for more than three (3) working days.

Failed to draw up reports on occupational

accidents suffered by his workers, which shall be

forwarded to the Authority without undue delay.

Failed to be in possession of an assessment

of the risks mentioned in paragraphs (e) and (f) of

regulation 4(1) and regulation 4(4) of the Protection

of the Health and Safety of Workers from the Risks

related to Chemical Agents at Work Regulations.

Failed to ensure that information on

emergency arrangements involving hazardous

chemical agents is available.

Failed to keep health and exposure records

in a suitable form so as to permit consultation at a

later date, taking into account any confidentiality.

Failed to make available information

concerning specific hazards arising, or likely to

rise, at the time of an accident or emergency,

including information on procedures prepared

pursuant to regulation 7 (7) of the Protection of the

Health and Safety of Workers from the Risks

related to Chemical Agents at Work Regulations.

Failed to keep up to date the risk

assessment, particularly if there have been

significant changes which could render it out-of-

date, or when the results of health surveillance

show it to be necessary.

Failed to ensure that individual health and

exposure records are kept up-to-date.

Failure to assess the risks to the health and

safety of workers, in the choice of work equipment

and when working with chemical substances or

preparations used.

Protection of

Failed to inform the Authority of any

accident or incident which may have resulted in the

Workers from Risks

release of a biological agent, and which could cause

related to Exposure

severe human infection and, or illness.

to Biological

Failed to make a prior notification to the

Agents at Work

Authority of the use for the first time of: (i) group 2

Regulations

biological agents; (ii) group 3 biological agents;

(S.L. 646.17)

(iii) group 4 biological agents.

Laboratories providing a diagnostic service

in relation to group 4 biological agents, failed to

make an initial notification of their intention.

Failed to re-notify the Authority in any case

where there are substantial changes of importance

to safety or health at work to processes and, or

procedures which render the notification out of

date.

Failed to notify the Authority in any case of

diseases or death identified in accordance with

applicable laws and, or regulations as resulting

from occupational exposure to biological agents.

Failed to make medical records referred to

in regulation 14 of the Protection of Workers from

Risks related to Exposure to Biological Agents at

Work Regulations available to the Authority in

cases where the undertaking ceases activity.

Failed to draw up the plans to deal with

accidents involving biological agents.

Failed to keep a list of workers exposed to

group 3 and, or group 4 biological agents, and other

specified details required by the Protection of

Workers from Risks related to Exposure to

Biological Agents at Work Regulations.

Failed to keep the list of workers mentioned

in the Protection of Workers from Risks related to

Exposure to Biological Agents at Work Regulations

for at least ten (10) years following the end of

exposure.

Failed to keep the list mentioned in the

Protection of Workers from Risks related to

Exposure to Biological Agents at Work Regulations

for an appropriately longer time up to forty (40)

years following the last known exposure in any of

the cases listed under regulation 11(2)(b) of the said

regulations.

Failed to keep, an individual medical record

in cases where health surveillance is carried out for

at least ten (10) years following the end of

exposure.

Failure to assess potential risks and duration

of workers exposure to biological agents.

Protection of

Failed draw up and keep up to date a health

and safety document in accordance with regulation

Workers in the

5(1) of Protection of Workers in the Mineral

Mineral Extracting

Extracting Industries through Drilling and Workers

Industries through

in Surface and Underground Mineral Extracting

Drilling and

Industries Regulations.

Workers in Surface

and Underground

Mineral Extracting

Industries

Regulations

(S.L. 646.18)

Failed to draw up a health and safety

document prior to the commencement of work and

be revised if the workplace undergoes major

changes, extensions or conversions.

Failure to keep the necessary information in

the health and safety document in accordance with

regulation 5(3) of the Protection of Workers in the

Mineral Extracting Industries through Drilling and

Workers in Surface and Underground Mineral

Extracting Industries Regulations.

Failed to introduce a system of work permits

when required by the health and safety document.

Failed to set up a suitable system of

maintenance and, where appropriate, for the testing

of mechanical and electrical equipment and plant

and, or failed to keep records of such examinations

and tests.

Failed to prepare a protection plan where

hydrogen sulphide or other toxic gases are present.

Failed to prepare an explosion prevention

plan.

Failed to prepare, and, or display a list of

persons assigned special duties in the event of an

emergency at suitable locations at the workplace.

Failed to include the names of the persons

assigned special duties in the event of an

emergency in the written instructions (referred to in

item 5 of Annex I of the Protection of Workers in

the Mineral Extracting Industries through Drilling

and Workers in Surface and Underground Mineral

Extracting Industries Regulations).

Failed to draw up an emergency plan for sea

rescue and workplace evacuation situations.

Failed to keep suitable and sufficient rules

for shot firing procedures.

Failed to ensure that a suitable and sufficient

appraisal of all proposed or existing excavations

has been undertaken by a competent person in order

to determine whether any such excavation is a

significant hazard.

Failed to ensure that any significant findings

in the appraisal and any conclusions reached are

recorded, signed and dated by the competent

person.

Failed to ensure that the findings of the

geotechnical assessment, the findings and reasons

for those findings have been recorded, dated and

signed.

Failed to keep a record of excavation

geotechnical assessment (in the event of no

significant risk).

Failed to keep a record of a misfire.

Failure to prepare plans for underground

works or fail to make these readily accessible or

failed to keep for as long as is necessary for safety

purposes.

Failed to update and, or keep plans for

underground workings.

Failed to measure and record the ventilation

parameters.

Failed to prepare a ventilation plan, in

accordance with item 12(2) of Annex VI of the

Protection of Workers in the Mineral Extracting

Industries through Drilling and Workers in Surface

and Underground Mineral Extracting Industries

Regulations.

10000

Failure to conduct further appraisals (where

required), at appropriate intervals.

10000

Failure to ensure that a geotechnical

assessment has been carried out (where required) in

accordance with item 6(4) of Annex IV of the

Protection of Workers in the Mineral Extracting

Industries through Drilling and Workers in Surface

and Underground Mineral Extracting Industries

Regulations.

10000

Failure to draw up an operating plan for gas

outbursts, rock bursts or water inrushes.

Failure to update the ventilation plan in

terms of Annex VI of the Protection of Workers in

the Mineral Extracting Industries through Drilling

and Workers in Surface and Underground Mineral

Extracting Industries Regulations.

Failed to bring up to date the health and

safety document regularly and make it available for

inspection at the workplace.

Failed to include the relevant measures on

any auxiliary ventilation systems in the health and

safety document.

Failed to include the relevant measures on

the limit of propagation of flammable dust in the

health and safety document.

Failed to include the location of the

explosion barriers in the health and safety

document.

Failed to include the risk zones in the health

and safety document.

Failed to include measures to know exactly

who is underground at any time in the health and

safety document.

Failure to assess the safety of workers

exposure in relation to dangerous and potentially

explosive compounds in the atmosphere inclusive

of respective concentration levels.

Work Place

Failed to set up and keep the permit to work

posted outside and adjacent to the confined space

(Minimum

(where applicable in the Work Place (Minimum

Requirements for

Requirements for Work) (Confined Spaces and

Work) (Confined

Spaces

having

Explosive

Atmospheres)

Spaces and Spaces

Regulations).

having Explosive

Failed to keep a copy of all assessments,

Atmospheres)

maintenance records, permit to work, medical

Regulations

exams etc as stipulated in the Work Place

(S.L. 646.19)

(Minimum Requirements for Work) (Confined

Spaces and Spaces having Explosive Atmospheres)

Regulations.

Failed to prepare written instructions and a

system of permits to work when required by the

explosion protection document.

Failure to carry out health surveillance,

medical examination of worker

Competent person failing to include all

details required by Work Place (Minimum

Requirements for Work) (Confined Spaces and

Spaces

having

Explosive

Atmospheres)

Regulations in the permit to work in terms of the

said regulations.

Failed to ensure that the permit to work

contains the name and signature of the competent

person and the name and counter signature of the

supervisor at the site.

Failure to state the period during which the

use of breathing apparatus shall remain

unnecessary, with respect to confined spaces

certified as safe to enter without a breathing

apparatus.

Failed to draw up and update the explosion

protection document referred to in regulation 22.

Failure to conduct a risk assessment.

Work Place

Failed to keep risk assessment in terms of

regulation 4(7).

(Minimum Health

and Safety

Failed to keep records of health surveillance

where applicable.

Requirements for

the Protection of

Failed to ensure that each worker who

undergoes health surveillance has his individual

Workers from Risks

health records made and kept up to date in

resulting from

accordance with regulation 10(3).

Exposure to Noise)

Failure to evaluate and measure noise levels

Regulations

that employees are exposed to.

(S.L. 646.20)

Work Place

Failed to keep risk assessment in terms of

regulation 4(5).

(Minimum Health

and Safety

Requirements for

the Protection of

Workers from Risks

resulting from

Exposure to

Vibration)

Regulations

(S.L. 646.21)

Failed to keep records of health surveillance

where applicable.

Failed to ensure that each worker who

undergoes health surveillance must have his

individual records made and kept up to date in

accordance with regulation 8(2).

Failure to assess, and measure, the level of

mechanical vibration to which workers are

exposed.

Work Place

Failed to keep, and update risk assessment

in terms of regulation 4.

(Minimum Health

and Safety

Requirements for

the Protection of

Workers from Risks

resulting from

Exposure to

Artificial Optical

Radiation)

Regulations

(S.L. 646.22)

Failed to keep records with respect to health

surveillance.

Failed to ensure that each worker who

undergoes health surveillance must have his

individual records made and kept up to date in

accordance with regulation 8(3).

Failure to assess and, if necessary, measure

and, or calculate the levels of exposure to optical

radiation to which workers are likely to be exposed.

Work Place

Failed to keep and update risk assessments

in terms of regulation 4.

(Minimum Health

and Safety

Requirements for

the Protection of

Workers from Risks

resulting from

Exposure to

Electromagnetic

Fields) Regulations

(S.L. 646.23)

Failed to keep records with respect to health

surveillance.

Failure to assess the risks posed to

employees by electromagnetic fields to which

employees are exposed.

Work Equipment

Failed to send to Authority the examination

report of an escalator, moving walkway drawn up

(Minimum Safety

by an Engineer within fifteen (15) working days

and Health

from the date on which the examination falls due in

Requirements)

terms of item7.2 of Schedule I.

Regulations

(S.L. 646.24)

Failed to send to the Authority the

examination report drawn up by the competent

person under item 1.2 of Part 1 – Goods Lift of

Schedule II of the Work Equipment (Minimum

Safety and Health Requirements) Regulations

within twenty-eight (28) days from the date on

which the examination falls due.

Competent person failing to send to the

Authority a copy of the report in cases where the

examination shows that the lifting machine or its

attachment cannot be used safely unless certain

repairs are carried out immediately or within a

specified time in terms of item 2.2 of Schedule III.

Competent person failed to notify employer

about a defect in work equipment following an

examination.

Failed to ensure that a copy of the

examination report carried out in accordance with

item 2.2. of Schedule III of the Work Equipment

(Minimum Safety and Health Requirements)

Regulations that accompanies the lifting machine at

the workplace where it is being used

and, or

Failed to keep available for inspection the

examination report carried out in accordance with

item 2.2. of Schedule III of the Work Equipment

(Minimum Safety and Health Requirements)

Regulations.

Failed to keep a register in respect of all

chains, ropes or lifting tackles (except fibre rope

slings) that have been tested and thoroughly

examined by a competent person prior being taken

into use in the workplace for the first time in that

workplace.

Failed to obtain and, or keep available for

inspection a certificate of the test and examination

specifying the safe workload and making the test

and examination.

Failed to ensure that the lifting machine was

accompanied by a copy of the examination report

of all parts, and working gear, whether fixed or

moveable, including the anchoring and fixing

appliances, of every lifting machine carried out in

accordance with item 2.1 of Schedule III of the

Work Equipment (Minimum Safety and Health

Requirements) Regulations

and, or

Failed to keep available for inspection the

examination report of all parts, and working gear,

whether fixed or moveable, including the anchoring

and fixing appliances, of every lifting machine

carried out in accordance with item 2.1 of Schedule

III of the Work Equipment (Minimum Safety and

Health Requirements) Regulations.

Failed to ensure that a report of the test and

examination specifying the safe working load of the

machine has been drawn up by a competent persons

and, or

Failed to obtain and, or keep available for

inspection a report of the test and examination

specifying the safe working load/s of the machine

drawn up by a competent person.

Competent person failing to ensure that the

report drawn up under item 1.2 of Part I – Goods Lift

of Schedule II of the Work Equipment (Minimum

Safety and Health Requirements) Regulations,

includes as a minimum, the information listed in Part

2 of the said Schedule

Work Place

Failed to send a prior notice to the Authority

for notifiable construction works.

(Minimum Health

and Safety

Requirements for

Work at

Construction Sites)

Regulations

(S.L. 646.25)

Failure to display once any work activity on

the project commences on the construction site, a

copy of the prior notice and, if necessary, to

periodically update it.

Project Supervisor failed to draw up a health

and safety plan.

Failure of the project supervisor to prepare a

health and safety file.

Client failed to keep and make available

health and safety file.

Client failed to ensure that prior to the

setting up of a construction site, a health and safety

plan is drawn up.

Client fails to deliver health and safety file

to another person at the end of the works

Failure to ensure that scaffolding has been

inspected and certified as being safe for use.

All lifting devices and accessories must

clearly display their maximum load values.

Failure to update health and safety plan .

Inspection of Lifts

Failed to inform the Authority in writing

within two (2) working days from the date of

Regulations

inspection in cases where the Authorised

(S.L. 427.63)

Conformity Assessment Body (ACAB) has

forbidden the use of the lift requiring repair or

immediate maintenance due to existing or

imminent risk of serious personal injury.

Failure to forward to the Authority a copy of

the regularisation certificate within fifteen (15)

days.

Failed to notify the Authority in writing that

the repairs indicated by the preventive inspection

have been completed.

Failed to inform the Authority in writing

within two (2) working days from the start of the

procedure in cases where the use of the lift

requiring repair or immediate maintenance due to

an existing or imminent risk of serious personal

injury has been forbidden by the Authorised

Conformity Assessment Body (ACAB)

Failed to cause the submission of a copy of

the report of the thorough examination made by

Authorised Conformity Assessment Body (ACAB)

to the Authority within fifteen (15) days from the

day of ACAB’s decision prohibiting the use of the

lift in terms of regulation 6(7) of the Inspection of

Lifts Regulations.

Authorised Conformity Assessment Body

(ACAB) failed to make to the responsible person a

report in writing of the thorough examination

containing the information specified in Schedule II

of the Inspection of Lifts Regulations.

Failed to send a copy of the report of the

thorough examination carried out under regulation

6 of the Inspection of Lifts Regulations to the

Authority not later than twenty-eight (28) days

from the date on which the thorough examination

falls due.

Authorised Conformity Assessment Body

(ACAB) failed to draw up and forward to the

responsible person the report required by regulation

6(7) of the Inspection of Lifts Regulations

Failed to send a copy of the report drawn up

by Authorised Conformity Assessment Body

(ACAB) in accordance with regulation 6(7) of the

Inspection of Lifts Regulations to the Authority

within fifteen (15) days from the day on which the

decision mentioned in regulation 6(7) of the said

regulations was taken.

Failed to cause a copy of the report drawn

up by Authorised Conformity Assessment Body

(ACAB) in accordance with regulation 8(10) of the

Inspection of Lifts Regulations to be sent to the

Authority within fifteen (15) days from the day on

which the decision mentioned in the said regulation

was taken in accordance with regulation 9 (7).

Authorised Conformity Assessment Body

(ACAB) failing to make a preventive inspection in

writing containing the information specified in

Schedule IV of the Inspection of Lifts Regulations

for a responsible person under regulation 8 of the

said regulations in accordance with regulation 9(5).

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Health and Safety at Work Act;

"Authority" means the Occupational Health and Safety

Authority established by virtue of article 4 of the Act;

"administrative instrument" means such instruments in

accordance with article 17 of the Act which are required to

discharge the Authority’s functions and shall include any order,

directive, protocol, guideline, explanatory memorandum,

information circular, including notices or other publications

issued by the Authority;

"Tribunal" means the Health and Safety Tribunal as

established by article 23 of the Act.

(2) Unless the context otherwise requires, words and phrases

used in these regulations which are not defined in these regulations

shall have the same meaning as assigned to them in the Act.

Fees due to the Tribunal in respect of an appeal

Rates (€)

Any appeal from an administrative penalty

not exceeding one thousand five hundred euro

(€1,500)

Any appeal from an administrative penalty

ranging from one thousand five hundred and one

euro (€1,501) to four thousand nine hundred and

ninety-nine euro (€4,999)

Any appeal from an administrative penalty of

five thousand euro (€ 5,000) or more

Any appeal brought by any person following

decisions, orders, or administrative instruments

issued by the Authority

€1.62

(1) Where the Authority serves a notice for the payment Administrative

of an administrative penalty in terms of article 25 and paragraphs (a) to penalty

determined by

(e) of the proviso to article 26(3) of the Act, the amount of such the

accordance with

administrative penalty shall be determined by the Authority in Schedule I.

accordance with Schedule I.

(2) The Authority may also publish administrative penalties or

further specify or vary the nature and level of administrative penalties

applicable to various breaches, through administrative instruments.

(3) The first column of Schedule I refers to the legislation

being breached for which an administrative penalty is applicable, the

second column refers to the reference number of the breach, the third

column provides a general description of the breach, which description

shall not be relied upon for the purposes of interpreting the relevant

cited regulations, and the fourth column establishes the maximum

administrative penalty to be paid, as may be determined by the

Authority.

(4) (a) When the Authority imposes an administrative

penalty, it shall cause a notice to be served on the person on whom the

administrative penalty is being imposed in accordance with article 25

of the Act.

(b) For the purpose of the service of the notice of an

administrative penalty, the mode of service and contact shall be made

by electronic mail in accordance with the details as previously

provided by the person to the Authority. The receipt of the relevant

electronic mail shall in itself constitute confirmation of service, in

terms of the provisions of the Electronic Commerce Act. In the Cap. 426.

absence of the provision of an electronic mail address the mode of

service shall be made at the residential address of a natural person or at

the registered office address of a legal person by registered mail

Provided that in the case of failure to serve the notice, the

provisions of the Code of Organization and Civil Procedure shall Cap. 12.

apply.

(5) In the case of multiple administrative penalties, the

Authority may at its discretion, impose the maximum penalty in its

entirety as determined by the Authority in terms of Schedule I, the

second highest at two-thirds (2/3) of the maximum amount, and any

remaining penalties at one-third (1/3) of their respective amounts.

(6) Any action by the Authority for the imposition of an

administrative penalty under this Act shall be brought within two (2)

years from the date of conclusion of an investigation as confirmed by a

statement to this effect issued by the Authority and communicated to

the interested person in writing. This provision is without prejudice to

the terms of the proviso to article 25(4) of the Act, under which such

period shall commence from the date when the remedial action is not

undertaken.

In any proceedings for the imposition of an administrative

penalty for a breach under these regulations, consisting of a failure to

comply with a duty or requirement to do something in accordance with

the Act and, or any regulations issued thereunder, it shall be for the

offender 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) The payment of administrative penalties shall not

prejudice the duty of a person to undertake any measure by which

health and safety at work may be safeguarded, whether such duty

arises from the Act or any other regulation issued thereunder, or from

an order issued by a Health and Safety at Work Officer in terms of the

Act.

(2) These regulations shall be without prejudice to the power

of a Health and Safety at Work Officer to issue an order in terms of

Article 20 of the Act.

(1) The breaches described in Schedule I and the listed

administrative penalties 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 shall not constitute a

reason for the non-application of these regulations

Provided that the administrative penalties listed in

Schedule I 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 there is a call

upon for the payment of the penalty, the penalty stipulated in Schedule

I for the closest equivalent breach shall apply.

Where an appeal to the Tribunal is made in accordance with

article 23 of the Act, the application of the appeal shall be

accompanied by the fee as established in Schedule II.

of the Authority.