PROTECTION AGAINST RISKS OF BACK INJURY AT WORK PLACES REGULATIONS *

SUBSIDIARY LEGISLATION 424.17

PROTECTION AGAINST RISKS OF BACK

INJURY AT WORK PLACES REGULATIONS *

24th January, 2003

LEGAL NOTICE 35 of 2003, as amended by Act XXXIII of 2024.

The title of these regulations is the Protection against Risks

of Back Injury at Work Places Regulations.

1. Characteristics of the load

The manual handling of a load may present a risk particularly of back injury

too heavy or too large,

unwieldy or difficult to grasp,

unstable or has contents likely to shift,

positioned in a manner requiring it to be held or manipulated at a

distance from the trunk, or with a bending or twisting of the trunk,

likely, because of its contours and, or consistency, to result in injury to

workers, particularly in the event of a collision.

2. Physical effort required

A physical effort may present a risk particularly of back injury if it is

too strenuous,

only achieved by a twisting movement of the trunk,

likely to result in a sudden movement of the load,

made with the body in an unstable posture.

3. Characteristics of the working environment

The characteristics of the work environment may increase a risk particularly

of back injury if

there is not enough room, in particular vertically, to carry out the

activity,

the floor is uneven, thus presenting tripping hazards, or is slippery in

relation to the worker’s footwear

the place of work or the working environment prevents the handling of

loads at a safe height or with good posture by the worker,

there are variations in the level of the floor or the working surface,

requiring the load to be manipulated on different levels,

the floor or foot rest is unstable,

the temperature, humidity or ventilation is unsuitable.

4. Requirements of the activity

The activity may present a risk particularly of back injury if it entails one or

more of the following requirements

over-frequent or over-prolonged physical effort involving in particular

the spine,

an insufficient bodily rest or recovery period,

excessive lifting, lowering or carrying distances,

a rate of work imposed by a process which cannot be altered by the

worker.

(With a view to m akin g a m ulti -factor analysis, r eference may b e made

simultaneously to the various factors listed in Schedules I and II.)

PROTECTION AGAINST RISKS

OF BACK INJURY AT WORK PLACES

(1) The scope of these regulations is to establish minimum

occupational health and safety requirements for the manual

handling of loads, in particular where there is a risk of back injury

to workers.

(2) Nothing in these regulations shall debar the Authority from

issuing any order to any employer or to any employee in any

workplace if in the opinion of an officer of the Authority there is a

risk of injury during any operation involving the manual handling

of loads.

The worker may be at risk if he/she

-

is physically unsuited to carry out the task in question,

-

is wearing unsuitable clothing, footwear or other personal effects,

-

does not have adequate or appropriate knowledge or training.

(With a view to multi-factor analysis, reference may be made simultaneously to

the various factors listed in Schedules I and II.)

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 the Act;

"manual handling of loads" means any transporting or supporting

of a load, by one or more workers, including lifting, putting down,

pushing, pulling, carrying or moving of a load by hand or by bodily

force, whether applied directly to the load or indirectly, and which,

by reason of its characteristics or because of unfavourable

ergonomic conditions, involves a risk particularly of back injury to

workers.

(1) It shall be the general duty of an employer to take

appropriate organizational measures, or to provide the appropriate

means, in particular the mechanical equipment, in order to avoid

the need for the manual handling of loads by workers whenever

there exists a risk of injury, including injuries to the back, as a

result of such operations.

(2) Where the need for the manual handling of loads by

workers cannot be avoided, the employer shall take the appropriate

organizational measures, use the appropriate means or provide

workers with such means in order to reduce the risk involved in the

manual handling of such loads, and in so doing, shall give due

regard to the contents of Schedule I

*These regulations have been transferred to Cap. 646. Vide S.L. 646.10 and Act

XXXIII of 2024.

Provided that where the need for manual handling of loads

by workers cannot be avoided, the employer shall organize

workstations in such a way as to make such handling as healthy and

safe as possible and, in particular, shall -

(a) assess, in advance where reasonably practicable, the

health and safety conditions of the type of work

involved, and in particular shall examine the

characteristics of loads, giving due regard to the

contents of Schedule I;

(b) take appropriate measures to avoid or reduce the risk

particularly of back injury to workers, taking into

consideration the characteristics of the working

environment and the requirements of the activity, and

in so doing, an employer shall be guided by Schedule

I.

(3) Where an employer assigns work which involves manual

handling to any worker, and in carrying out the required risk

assessment, the employer shall take into account the nature of the

activity and the worker’s capabilities as regards health and safety,

as well as the worker’s medical fitness to carry out the assigned

task

Provided that in so doing, the employer shall take into

consideration all relevant individual risk factors, a non-exhaustive

list of which is laid down in Schedule I.

(4) When assigning work that involves manual handling to a

worker, an employer shall make the necessary arrangements for the

health surveillance of the worker as is appropriate to the health and

safety risks involved during the assigned manual handling tasks,

and in so doing, shall consider all relevant individual risk factors, a

non-exhaustive list of which is laid down in Schedule II

Provided that the employer shall allow a worker the

possibility, if the worker so wishes, to undergo health surveillance

at regular intervals.

(5) An employer shall take all measures and precautions so as

to protect particularly sensitive risk or vulnerable groups against

the dangers which specifically affect them, and in so doing, shall

consider all relevant individual risk factors, a non-exhaustive list of

which is laid down in Schedule II.

(1) All workers and, or their representatives shall be

informed of all measures to be implemented, pursuant to these

regulations with regard to the protection of safety and of health.

(2) An employer shall ensure that workers and, or their

representatives receive general indications and, where possible,

precise information on

-

the weight of a load,

-

the centre of gravity of the heaviest side when a

package is eccentrically loaded.

(3) In addition to the training requirements established by

virtue of other regulations issued under the Act, an employer shall

ensure that workers also receive proper training and information on

how to handle loads correctly and the risks they might be open to

particularly if these tasks are not performed correctly, having

regard to Schedules I and II.

Consultation and participation of workers and, or of their

representatives shall take place in accordance with the General

Provisions for Health and Safety at Work Places Regulations.

In any proceedings for an offence under these 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.

(1) Any breach of any provision of these regulations shall

be deemed an offence.

(2) Any person who knowingly or recklessly interferes with the

process of providing a safe and healthy place of work, shall be

guilty of an offence.