OCCUPATIONAL HEALTH AND SAFETY (PAYMENT OF PENALTIES) REGULATIONS *

OCCUPATIONAL HEALTH AND SAFETY

(PAYMENT OF PENALTIES)

SUBSIDIARY LEGISLATION 424.33

OCCUPATIONAL HEALTH AND SAFETY

(PAYMENT OF PENALTIES) REGULATIONS *

24th January, 2012

LEGAL NOTICE 36 of 2012, as amended by Legal Notice 123 of 2020.

(1) The title of these regulations is the Occupational

Health and Safety (Payment of Penalties) Regulations.

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

offences for which the Authority may intimate for the payment of a

penalty, and to establish the penalties to be paid.

Substituted by

L.N. 123 of 2020.

Penalty

Description of Contravention

Legal Reference

(€)

1. Workplace equipment or machinery in use not inspected,

examined, t ested a nd, or c ertif ied according to OHS

The

legal

legislation.

references for

this penalty are

The stipulated penalty shall apply for each item of

listed

in

equipment or machinery which has not been examined,

Schedule II to

tested and, or certified within the prescribed time from when

these

the obligation falls due, and, or in cases where (i) no

regulations.

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

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

2. Not carrying out a suitable, sufficient and systematic

assessment of all occupational health and safety hazards and

the resultant risks 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. Not ensuring the appointment of workers’ health and safety

representatives.

8. The commencement of work which requires prior

S.L. 424.36;

notification, authorisation or submission 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.

In these regulations, unless the context otherwise requires

"the Act" means the Occupational Health and Safety Authority

Act;

"the Authority" means the Occupational Health and Safety

Authority established by virtue of article 8 of the Act.

Substituted by

(In respect of workplace machinery or equipment)

L.N. 123 of 2020.

Frequency of

Type of machinery or

Applicable

Action required to be

Examination/Testing/

equipment

regulation

taken by Employer

Certification

1. Goods Lifts

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 used

report to be kept

for lifting persons

available for

inspection.

3. Chains, ropes and lifting

Register to be kept and

copy of certificate to be

tackle

Every 6 months

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 of Copy of preventive

Passenger and

Passenger

lifts in workplaces every inspection report to be

5. goods lifts

6 months

sent to OHSA.

Thorough examination

Copy of thorough

Passenger and

Passenger

of lifts in workplaces

6. inspection report to be

goods lifts

every 6 years

sent to OHSA.

Examination and

Copy of examination

certification of

report to be sent to

Escalators

and

moving

7. escalators and moving

OHSA

walkways

walkways every 6

months

(1) Where the Authority intimates any person for the

payment of a penalty as provided for in article 38(3) of the Act, the

amount of such penalty shall be determined by reference to

Schedule I.

(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.

(3) The penalty shall become due on the day on which such

intimation is received.

(4) If the intimated party fails to pay the penalty or penalties

due within fifteen days from receipt of the intimation, the said

party shall be liable to the legal proceedings referred to in article

38 of the Act, leading, on conviction, to a fine in respect of each

and every infringement, which in any case shall not be less than the

fine or fines intimated by the Authority.

(5) The Authority may also in its discretion direct that any fine

to which any person is liable, may be paid by installments in such

amounts and in relation to such recurrent intervals as the Authority

may deem fit, but so nevertheless that the period over which the

whole amount shall be paid shall in no case exceed three years, and

that in default of payment of any one such installment the whole of

the amount outstanding shall become and be immediately due and

payable.

(6) For the purposes of these regulations, penalties due

following the intimation by the Authority for the payment of a

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

OCCUPATIONAL HEALTH AND SAFETY

(PAYMENT OF PENALTIES)

penalty, are deemed to be civil debts.

The Minister may amend the Schedules, which shall be

published in the Gazette, and any such changes will become

effective on the date of publication.

Where by virtue of the Act or of any regulation made

thereunder, it is for an accused person to prove 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, the Authority may intimate that person for the

payment of a penalty, for having disregarded any provision of any

published Code of Practice or other forms of guidance issued by the

Authority, if in the opinion of the Authority, such person was not

taking suitable or sufficient measures for the protection of

occupational health and safety.

(1) The payment of a penalty shall not prejudice the duty

of a person to undertake any measure by which occupational health

and safety may be safeguarded, whether such duty arises out of the

Act or any regulation issued thereunder, or out of an order issued

by an Occupational Health and Safety Officer in terms of the Act.

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

an Occupational Health and Safety Officer to issue an order in

terms of article 17 of the Act.

Where, following the payment of a penalty, the violation of

any provision of the Act or any regulation made thereunder persists

regardless of any instructions the Authority may have given for the

redress of the same, the Authority may institute the proceedings

referred to in article 38 of the Act for such continuing violation or

may issue an intimation for the payment of another penalty in lieu

of the said proceedings, provided that an intimation may be issued

for every day that such violation continues without redress.

(1) The infringements described in the Schedule, and the

penalties cited 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 be reason for the

non-application of these regulations

Provided that the penalties shown in the Schedules 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 sending

an intimation for the payment of the penalty, the penalty stipulated

in the Schedules for the closest equivalent infringement shall apply.

Any pending penalty imposed and, 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 .

Not complying with obligations laid down in Schedule IV to

the Work Place (Minimum Health and Safety Requirements

for Work at Construction Sites) Regulations.

Requesting workers to handle a load, which by reason of its

characteristics or because 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 with or

misuses anything provided in the 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.

Penalty

Description of Contravention

Legal Reference

(€)

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 representatives and, or workers

Cap. 424;

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

O ff i c e r i n a w o r k p l a c e , o r i n t h e c a s e o f p e r s o n a l

monitoring equipment, on a worker.

Work equipment designed for lifting 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 equipm ent with suspended loads left withou t

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 surveillance not

provided 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.

Employer not providing adequate first aid 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.

Penalty

Description of Contravention

Legal Reference

(€)

Employer not providing and maintaining 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.

Employer not making effective and suitable provisions to

ensure that every workplace, particularly if enclosed, is

ventilated 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.

Inadequate or no health and / or safety signage.

S.L. 424.16".