GENERAL PROVISIONS FOR HEALTH AND SAFETY AT WORK PLACES REGULATIONS

SUBSIDIARY LEGISLATION 646.11

GENERAL PROVISIONS FOR HEALTH AND

SAFETY AT WORK PLACES REGULATIONS

24th January, 2003

LEGAL NOTICE 36 of 2003, as amended by Act XXXIII of 2024.

The title of these regulations is the General Provisions for

Health and Safety at Work Places Regulations.

(1) The scope of these regulations is to introduce measures

by which to encourage and ensure improvements in the health and

safety of workers at work through the prevention of risks, the

promotion and safeguard of occupational health and safety, and

through the elimination of those risks and factors which are likely

to cause accidents at work.

(2) These regulations are also intended to encourage the

exchange of all information concerning occupational health and

safety amongst all stakeholders at workplaces, and the consultation,

balanced participation and training of workers and their health and

safety representatives.

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

issuing any order to any person concerning any workplace in the

interests of the occupational health or safety of a person or persons.

(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 8 of the Act;

"fixed term contract of employment" means a contract of

employment for a specific term which is fixed in advance or which

can be ascertained in advance by reference to some relevant

circumstance;

"health surveillance" means any procedure or investigation used

to assess workers’ health in order to detect, identify, and quantify

a n y m e d i c a l a b n o r m a l i t y, a n d t o p r o t e c t t h e h e a l t h o f t h e

individual, collective health at the workplace, and the health of the

exposed working population, and shall include, but shall not be

limited to medical examinations, biological monitoring,

radiological examinations, questionnaires, or reviews of health

records;

"officer" means a health and safety at work officer appointed in

accordance with article 18 of the Act and who is in possession of a

certificate of appointment issued in accordance with the said article 18

of the Act;

"prevention" means and includes all the steps or measures taken

or planned at all stages of work carried out in an undertaking to

prevent or reduce occupational risks;

"temporary worker" includes any worker under a fixed term

contract of employment and, or any worker who has a temporary

employment relationship with an emp1oyer, including

(a) a worker having an employment relationship governed

by a fixed term contract of employment concluded

directly between the employer and the worker, where

the end of the contract is established by objective

conditions including reaching a specific date,

completing a specific task or the occurrence of a

specific event;

(b) a worker having a temporary employment relationship

with an employer who has a temporary employment

business, and where the worker is assigned to work

for, and under the control of an undertaking and, or an

establishment making use of his services;

"workers’ health and safety representative" and "representative"

mean a person, elected, chosen or designated, as prescribed in

regulations, to represent workers on all matters relating to the

promotion and protection of their health or safety at work appointed in

accordance with the Act.

(1) It shall be the duty of an employer to ensure the health

and safety of workers at all times in every aspect related to the

work.

(2) An employer shall make such appropriate arrangements for

the effective planning, organisation, control, monitoring and review

of the preventive and protective measures, taking into

consideration the nature of the activities and the size of the

undertaking.

(3) An employer shall take all necessary measures for the

safeguard of occupational health and safety, and for this purpose

shall prevent occupational risks and provide information and

training as required

Provided that for these purposes, an employer shall provide

the necessary organisation and means by which to ensure the

requisite degree of occupational health and safety standards

Provided further that, with the aim of improving existing

situations, an employer shall be alert to the need to adjust or amend

those measures taken to protect workers’ health and safety taking

account of changing circumstances.

Without prejudice to the generality of the provisions of

these regulations, an employer shall, after taking into account the

nature of the activities of the enterprise and, or establishment -

(a) identify hazards at the place of work and shall avoid

risks to occupational health and safety;

(b) evaluate those risks to the health and safety of workers

which cannot be avoided and shall combat them at

source;

(c) adapt the work to the individual, especially with

regards to the design of work places, the choice of

work equipment and the choice of working and

production methods, with a view in particular to

alleviate monotonous work and work at a

predetermined work-rate and to reduce their effect on

health.

(1) Without prejudice to the generality of the foregoing, an

employer shall evaluate risks to occupational health and safety,

inter alia in the choice of work equipment, the chemical substances

or chemical preparations used, the work practices or activities, and

the design and fitting-out of work places, as well as the workers’

capabilities to carry out safely the task or tasks entrusted to them.

(2) Subsequent to the evaluation referred to in the preceding

subregulation, and as necessary, the employer shall take all

necessary measures to prevent occupational risks to health and

safety, and shall control those factors which are likely to give rise

to accidents or which create a risk to occupational health and, or

safety including where necessary by changing the working and

production methods, so as to assure an improvement in the level of

protection afforded to workers with regard to health and safety

Provided that such measures shall be integrated into all the

activities and at all hierarchical levels within the undertaking and,

or establishment.

(3) It shall be the duty of an employer to ensure that the

planning and introduction of new technologies are the subject of

consultation with the workers and, or their representatives, as

regards the consequences of the choice of equipment, the working

conditions and the working environment for the safety and health

of workers.

(4) An employer shall take appropriate steps to ensure that only

workers who have received adequate and suitable training may

have access to areas where there is serious and specific danger.

Without prejudice to other provisions of these regulations,

where several employers, contractors and, or self-employed

persons share a work place, the employers, the contractors and the

self-employed persons shall co-operate in implementing the

occupational health, safety and hygiene provisions and, taking into

account the nature of the activities, shall co-ordinate their actions

in matters which concern protective and preventive measures, and

shall inform one another and their respective workers and, or

workers’ representatives of these risks.

An employer shall not levy or permit to be levied on any

worker any charge or deduction in wages in respect of anything

done or provided in the interests of occupational health, safety,

hygiene or welfare in pursuance of any provisions of these

regulations, or of any other regulations issued under the Act, or

with respect to any measure related to occupational health, safety,

hygiene or welfare at work.

(1) In any workplace, an employer shall designate one or

more persons having the necessary aptitude, capabilities,

competence and training to assist him in undertaking the measures

which are required to be taken in relation to the protection of

occupational health and safety and the prevention and control of

occupational risks

Provided that where more than one person is so designated,

or where external services are recruited, an employer shall make

arrangements for ensuring adequate co-operation between them.

(2) Workers who have been designated to carry out the

activities referred to in the preceding subregulation, may not be

placed at any disadvantage because of their activities related to the

protection of occupational health and safety and prevention of

occupational risks.

(3) If, for whatever reason, the protective and preventive

measures required by these regulations cannot be organised for lack

of competent personnel in the undertaking and, or establishment,

the employer shall enlist competent external services or persons

having the necessary aptitudes and the necessary personal and

professional means.

(4) Where the employer enlists such external services or

persons, the employer shall inform them of the factors known or

suspected to affect the health and safety of any person by the

conduct of the undertaking.

(5) Where the employer enlists such external services or

persons, the employer shall provide them with, and ensure access

to, any such information as would be required to allow them to

carry out their assigned tasks, including any information which

should be given to the workers by virtue of these regulations.

(6) In selecting designated workers or the external services to

be consulted, including the numbers required as well as the level of

professional training and competence, an employer shall also take

into consideration the size of the undertaking and, or establishment,

the number of persons present at any time, the hazards to which the

workers are exposed and their distribution throughout the entire

undertaking and, or establishment, and in the case of workers

designated from within the establishment, shall ensure that the time

available for them to fulfil their functions and the means at their

disposal are adequate.

(7) Where both designated workers and external services are

appointed, the employer shall ensure the co-ordination of the

activities that are to be carried out, and that they work together

whenever necessary.

(8) It shall be the duty of an employer to ensure that designated

workers or services are informed of the assignment of work to

temporary workers to the extent necessary for the designated

workers to be able to carry out adequately their protection and

prevention activities for all the workers in the undertaking and, or

establishment.

(9)

The Authority may determine the capabilities, aptitudes and

level and type of training required by designated persons for the

adequate and suitable implementation of this regulation.

(1) It shall be the duty of every employer and of every

self-employed person to carry out, or to ensure that is carried out, a

suitable, sufficient and systematic 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. Such assessments shall consider the

risks to the health and safety of workers and of self-employed

persons to which they are exposed whilst at work, as well as the

risks to the health and safety of other persons, including visitors to

the place of work, which risks arise out of, or in connection with

the work being carried out, or by the conduct of the undertaking

Provided that when carrying out such assessments, an

employer and a self-employed person shall also take into

consideration changes to the work activities being carried out and

to the workplace, and shall take appropriate action.

(2) Where five or more workers are employed, an employer

shall keep in his possession written or retrievable electronic copies

of such assessments, and shall ensure that they are updated

regularly.

(3) An employer and a self-employed person shall decide on

the protective measures appropriate to the nature of the work being

carried o ut which are r equired to be tak en fo llo wi ng th ese

assessments and, if necessary, the protective equipment to be used.

(4) The assessments referred to in this regulation shall be

reviewed whenever there is any major change in working

conditions, or whenever the employer or self-employed person

have reason to suspect that they are no longer valid.

(1) An employer shall establish and give effect to

appropriate procedures to be followed in the event of serious and

imminent danger, and for this purpose shall nominate a sufficient

number of competent persons to implement those procedures to be

followed when the circumstances or the situation require the

evacuation of persons from the place of work.

(2)

An employer shall

(a) as soon as possible inform all workers who are, or may

be exposed to serious and imminent danger, of the risk

involved, and of the steps taken, or to be taken as

regards protection;

(b) take action and give instructions to enable workers in

the event of serious, imminent and unavoidable

danger, to stop work and, or immediately to leave the

work place and proceed to a place of safety;

(c) refrain from asking workers, save in exceptional cases

for reasons duly substantiated, to resume work in a

working situation where there is still a serious and

imminent danger.

(3)

An employer shall take no action, disciplinary or otherwise,

against a worker who has removed himself from a work situation

which the worker had reasonable justification to believe presented

an imminent and serious danger to his life or health, or against a

workers’ representative who informs any worker of such work

situation presenting an imminent and serious danger to life or

health.

(4) An employer shall ensure that all workers are able, in the

event of serious and imminent danger to their own safety and, or

that of other persons, and where the immediate superior responsible

cannot be contacted, to take the appropriate steps in the light of

their knowledge and the technical means at their disposal, to avoid

the consequences of such danger. Their actions shall not place them

at any disadvantage, unless they acted carelessly or there was

negligence on their part.

(1) It shall be the duty of an employer to provide workers

and their representatives with comprehensible and relevant

information on

(a) the risks to health and safety which are known to the

employer or which have been identified by any risk

assessment carried out by, or for the employer, and

which are known to be present at the workplace in

general, as well as in respect of each individual

workstation, and in respect of any job, task or work

activity assigned to be done;

(b) the preventive and protective measures required with

respect to all the risks identified;

(c) the procedures to be followed in the event of serious

and imminent danger present at work, including on the

evacuation of workers, and on the arrangements made

in respect of first aid, and fire-fighting

Provided that where appropriate, an employer shall put up

information signs which shall be placed at suitable locations

i nd i c a t in g t he p ro c e d u re s a nd ar r a n ge m e nt s ma de t he re on ,

including the names of the person or persons responsible, their

location within the establishment and how they can best be

contacted in times of need.

(2) The employer shall take appropriate measures so that

employers of workers from any outside undertakings and, or

establishments engaged in wor k in the un dertaking and, or

establishment of the employer, receive adequate information on

matters which could affect occupational health and safety, and such

information shall be provided to the workers in question.

(3) The employer shall take appropriate measures so that

workers with specific functions in protecting the safety and health

of workers, or workers’ representatives with specific responsibility

for the safety and health of workers shall be allowed to carry out

their functions, and in particular, shall have access to

(a) any risk assessment and protective measures referred

to previously; and

(b) all information with respect to occupational health and

safety given to the employer by outside agencies

contracted by him on any matter regarding

occupational health and safety, as well as by an officer.

(1) It shall be the duty of an employer to consult workers

in his employ and, or the workers’ health and safety

representatives, in advance and in good time, for the purpose of

making and maintaining arrangements which will enable the

employer and the workers to co-operate fully and effectively in

promoting and developing preventive and protective measures by

which to ensure the health, safety and welfare at work, and to

ascertain the effectiveness of such measures.

(2) Without prejudice to the generality of the preceding

subregulation, workers shall choose from amongst their number a

representative or representatives as the case may be, hereinafter

referred to as the workers’ representatives, to represent them in

consultations pursuant to this regulation with their employer

Provided that after due consultation between an employer

and his workers the number of workers is deemed to be insufficient

so as to permit the appointment of a representative, the employer

shall consult, and allow the participation of all the workers on

matters referred to in subregulation (5).

(3) Where in a place of work the workers fail for whatsoever

reason, to choose from amongst their number a person to represent

their interests on matters concerning occupational health and

safety, the employer shall appoint a person or a number of persons

to act as the workers’ health and safety representative, who shall

also h av e thc right to act o n th e workersh behalf after due

consultation.

(4) A workers’ representative shall not carry out, or be

involved with, any work which can give rise to a conflict of interest

in the discharge of his functions pursuant to these regulations, and

in discharging such functions, the workers’ representative shall act

with the sole objective of safeguarding the workers’ health and

safety.

(5) Workers and their representatives shall have the right to

make representations with, and to make proposals to their employer

on any matter which may affect the health, safety and welfare at

work, including, but not limited to -

(a) measures which may substantially affect health and

safety;

(b) the designation of workers having specific functions

for first aid, fire-fighting and the evacuation of

workers in case of serious and imminent danger, and

on the method of selection of workers’ representatives;

(c) those risk assessments required to be carried out by an

employer and their results, the preventive and

protective measures required to be taken;

(d) occupational accidents, injuries and cases of

occupational ill-health occurring at the employer’s

place of work;

(e) the enlistment, where and when appropriate, of those

competent services or persons outside the undertaking

and, or establishment, as referred to in regulation 9(3);

(f)

all information required to be given to workers by

virtue of these regulations and of any other regulations

issued under the Act;

(g) the planning and organisation of the training required

to be given to workers by virtue of these regulations

and by other regulations issued under the Act.

(6) Workers’ representatives shall have the right to ask the

employer to take appropriate measures and to submit proposals to

him to that end to mitigate hazards for workers and, or to remove

sources of danger.

(7) Workers and the workers’ representatives may not be

placed at a disadvantage because of any activity taken pursuant to

any matter relating to the protection of occupational health and

safety.

(8) Employers shall allow workers’ representatives with

specific responsibility for occupational health and safety adequate

time off work, without loss of pay, and provide them with the

necessary means to enable such representatives to exercise their

rights and functions deriving from these regulations.

(9) Workers and, or their representatives are entitled to make

representations to the Authority if they consider that the measures

taken, and the means employed by the employer are inadequate for

the purposes of ensuring health and safety at work.

(10) Workers’ representatives must be given the opportunity to

submit their observations during visits by officers.

(1) The employer shall ensure that each worker receives

adequate training on health and safety, in particular in the form of

information and instructions specific to the workstation and to the

task assigned

(a) on recruitment;

(b) in the event of a transfer or a change of job or task;

(c) in the event of the introduction of new work equipment

or a change in equipment;

(d) on the introduction of any new technology;

(e) on the introduction of new work practices.

(2) The training referred to in the preceding subregulation shall

be adapted to take account of new or changed risks, and repeated

periodically where necessary.

(3) An employer shall ensure that workers from outside

undertakings and, or establishments engaged in work in his

undertaking and, or establishment have in fact received appropriate

instructions regarding health and safety risks during their activities

in his undertaking and, or establishment.

(4) Workers’ representatives shall be entitled to appropriate

training.

(5) Training that is commissioned by an employer and given to

workers or to workers’ representatives by virtue of these

regulations shall be at the expense of the said employer.

(6) The training given to workers and to the workers’

representatives must take place during working hours.

(1) It shall be the duty of each worker to take care as far as

possible of his own safety and health as well as that of other

persons who can be affected by his acts or ommissions at work in

accordance with the training and the instructions given by the

employer.

(2) Without prejudice to the generality of the foregoing, it shall

be the duty of a worker to

(a) make correct use of machinery, apparatus, tools,

dangerous substances, transport equipment and other

means of production;

(b) make correct use of the personal protective equipment

supplied to him and, after use, return it to its proper

place;

(c) refrain from disconnecting, changing or removing

arbitrarily safety devices fitted to machinery,

apparatus, tools, plant and buildings, and to use such

safety devices correctly;

(d) immediately inform the employer and, or the workers

with specific responsibility for the safety and health of

workers of any work situation he has reasonable

grounds for considering that it represents a serious and

immediate danger to safety and health and of any

shortcomings in the protection arrangements;

(e) co-operate with the employer and with workers having

a specific responsibility for the safety and health of

workers, for as long as may be necessary to enable to

be carried out any tasks or requirements imposed by

the Authority to protect the safety and health of

workers at work;

(f)

co-operate with the employer and, or workers with

specific responsibility for the safety and health of

workers, for as long as may be necessary to enable the

employer to ensure that the working environment and

working conditions are safe and pose no risk to safety

and health within their field of activity.

(1) A worker is entitled to undergo health surveillance at

regular intervals, and for this purpose an employer shall ensure that

workers are provided with health surveillance appropriate to the

health and safety risks at work, and shall make all arrangements as

are required.

(2)

Without prejudice to the generality of the preceding

subregulation, health surveillance shall be carried out whenever the

risk assessrnents required to be performed by an employer reveal

(a) an identifiable disease or adverse health condition

related to the work involved;

(b) the likelihood that the disease or condition may occur

under the particular conditions of work.

(3) After a worker undergoes health surveillance as is required

under this regulation, the employer shall only be entitled to be

given by the person carrying out the surveillance, such medical

details as are directly related to the work being carried out or to the

conditions of work, provided that such information is given under

strict confidential cover.

It shall be the duty of an employer to take all measures and

precautions so as protect particularly sensitive risk or vulnerable

groups against the dangers which specifically affect them.

(1) An employer shall ensure that temporary workers are

afforded the same level of occupational health and safety protection

as that of other workers in the user undertaking and, or

establishment, and for this purpose shall remain responsible, for the

duration of the assignment, for the conditions connected with

safety, hygiene and health at work governing performance of the

work

Provided that the existence of an employment relationship

which is particular or specific to a worker by reason of his being a

temporary worker, shall not justify different treatment with respect

to working conditions inasmuch as the protection of safety and

health at work are involved, especially with regards to access to

personal protective equipment.

(2) An employer shall provide temporary workers with

comprehensible information on -

(a) any special occupational qualifications or skills

required to be held by that worker as to allow him to

work safely; and

(b) any health surveillance required to be provided under

these regulations or under any other regulations issued

under the Act;

(c) the specific features of the job to be filled by the

temporary worker, including any additional specific

risks, insofar as these features are likely to affect

occupational hcalth and safety

Provided that such information shall be given to the

temporary worker before the said worker commences his duties

Provided further that where indicated by reason of any risks

to health and safety arising out of, or present during the job to

which a temporary worker has been assigned work, an employer

shall provide sufficient training appropriate to the particular

characteristics of the job, taking into account the temporary

worker’s qualifications and experience.

(3) Where the work to be assigned to a temporary worker

requires medical surveillance by virtue of the work being

associated with severe risks to health and, or safety, an employer

shall under no circumstance allow that work to be carried out by a

temporary worker unless special medical surveillance is provided

which is appropriate to the work to be assigned

Provided that where indicated, an employer shall also be

responsible for ensuring that the special medical surveillance

extends beyond the end of the employment relationship of the

worker concerned.

(4) An employer shall inform a temporary employment

business of the occupational qualifications required and the

specific features of the job to be filled when requesting temporary

workers to be provided by the temporary employment business, and

such temporary employment business shall bring all these facts to

the attention of the workers concerned. The temporary employment

business shall also ensure that such information is entered into any

contract signed with the employer for the provision of temporary

workers, which, inter alia, shall also include details of any medical

surveillance required.

(1) No person shall intentionally or recklessly interfere

with or misuse anything provided in the interests of occupational

health and safety in pursuance of any provisions of these

regulations or any other provisions issued under the Act.

(2) No person shall tamper with any equipment or appliance

provided for the protection of workers as to render such equipment

or appliance ineffective or unsuitable for the purpose it was

originally intended, or to misuse anything provided as aforesaid, or

to do anything whatsoever that can endanger the health or safety of

workers.

In any proceedings for an offence under these regulations

consisting of a failure to comply wuth 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.