OCCUPATIONAL HEALTH AND SAFETY APPEALS BOARD (PROCEDURE) REGULATIONS *

OCCUPATIONAL HEALTH AND SAFETY

APPEALS BOARD (PROCEDURE)

SUBSIDIARY LEGISLATION 424.12

OCCUPATIONAL HEALTH AND SAFETY

APPEALS BOARD (PROCEDURE)

REGULATIONS *

22nd January, 2002

LEGAL NOTICE 10 of 2002.

The title of these regulations is the Occupational Health

and Safety Appeals Board (Procedure) Regulations.

(1)

In these regulations, unless the context otherwise

requires -

"Act" means the Occupational Health and Safety Authority Act;

"Appeals Board" means the Occupational Health and Safety

Appeals Board;

"Chief Executive Officer" means the Chief Executive Officer of

the Occupational Health and Safety Authority appointed under

article 10 of the Act;

"officer" means an Occupational Health and Safety Officer

appointed under article 15 of the Act;

"order" means an order issued by an officer in terms of article 20

of the Act;

"President" means the President of the Appeals Board appointed

under article 21 of the Act;

"Secretary" means the Secretary of the Appeals Board.

(2) In the regulations, words and expressions defined in the Act

shall have the same meaning as they have in these regulations, and

the provisions of these regulations shall be read and construed in

conjunction with the Act.

(1) An appeal against an order issued by an officer is to be

lodged in writing and served upon the Secretary of the Appeals

Board

Provided that any person who feels aggrieved by the order

may file an appeal before the Appeals Board within five working

days from the day of service of the order in writing.

(2) The Secretary shall forthwith refer all appeals received to

the President who shall fix a date for the hearing, being not later

than five working days from the date when the appeal was served

upon the Secretary of the Appeals Board

Provided that the President shall direct the Secretary of the

Appeals Board to advise, when applicable, the members of the

*These regulations have been repealed by Legal Notice 320 of 2024.

OCCUPATIONAL HEALTH AND SAFETY

APPEALS BOARD (PROCEDURE)

Appeals Board, the person making the appeal and the Chief

Executive Officer of the date fixed for the hearing, and to transmit

a copy of the appeal received to the Chief Executive Officer and the

members of t]e Appeals Board.

A person making an appeal shall pay a fee of forty-six euro

fifty-nine cents (€46.59) when filing the appeal, and such fee shall

be refunded if the appeal is upheld in its entirety

Provided that the fee shall be made payable to the

Occupational Health and Safety Authority established by virtue of

article 8 of the Act.

The President shall reject any appeal which is not made in

writing within the time specified in regulation 3 allowing such

appeal.

The Appeals Board shall hear the appellant, the officer and

a ny w i tn e s s e s pr o d uc e d . T h e C h ie f E xe c u t i ve Off i c e r m a y

intervene in any appeal and make his own submissions and produce

witnesses.

In any case where the person who is making the appeal, the

officer or the Chief Executive Officer, intend to produce persons as

witnesses, they shall submit to the President a list of all such

witnesses before the date of the hearing, and the names of such

witnesses shall be transmitted to all parties concerned

Provided that no person, whose name has not been included

in the list witnesses, may be produced to give evidence unless the

Appeals Board is satisfied that the omission of the name of such

witness is justified on the grounds that the person asking to produce

such witness did not know of such evidence on the date of the filing

of the appeal or that the need to produce such evidence arose after

the filing of the appeal, or for any other reason to the satisfaction of

the Appeals Board.

The sittings of the Appeals Board shall be held in public

Provided that where the Appeals Board is of the opinion

that the holding of any sitting in public would prejudice the rights

of any person to intellectual property or business secrecy, the

Appeals Board shall hold the sitting in camera.

The President shall have the power to summon witnesses

and to administer an oath to any witness and to require him to give

evidence or to produce any object, thing or document before the

Appeals Board.

Summons for the attendance of witnesses shall be signed

by the President, and may be served either personally or by

registered post, and in the latter case, in proving service, it shall be

sufficient to prove that the summons was properly addressed and

posted.

All persons summoned to attend and give evidence at any

sitting of the Appeals Board shall be bound to obey the summons

served on them; and any person refusing or omitting without

sufficient cause to attend at the day, time and place mentioned in

OCCUPATIONAL HEALTH AND SAFETY

APPEALS BOARD (PROCEDURE)

the summ ons served on hi m or to answer to t he best of his

knowledge and belief, all questions put to him by or with the

concurrence of the Appeals Board, or to produce any object, thing

or document required by the Appeals Board, shall be guilty of an

offence against the Act

Provided that no person giving evidence before the Appeals

Board shall be compelled to incriminate himself and every such

person shall, in respect of any evidence given by him before the

Appeals Board, be entitled to all the privileges to which a person

giving evidence before a court of law is entitled in respect of

evidence given by him before such court.

The sittings of the Appeals Board shall be held at any place

where it so decides and such decision shall be communicated in

writing to the interested parties.

The decisions of the Appeals Board shall be in writing and

shall be read out in public, be deemed final and conclusive and

shall not be subject to review by the ordinary courts of law except

on points of law or of natural justice.

Where the President or any other member of the Appeals

Board considers that there are sufficient grounds to preclude him

from hearing any particular appeal against an order made by an

officer, or where any of the parties objects to his hearing of the

case, the member of the Appeals Board shall inform the Minister,

stating the grounds on which he considers that he should be

relieved from hearing the appeal, or the grounds of objection

against him, as the case may be

Provided that a member of the Appeals Board who does not

declare any possible conflict of interest in any appeal brought

before any Appea1s Board, shall be guilty of an offence under the

Act.