HEALTH AND SAFETY AT WORK (PROCEDURES IN RELATION TO THE ISSUANCE OF ADMINISTRATIVE PENALTIES) REGULATIONS

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

SUBSIDIARY LEGISLATION 646.26

HEALTH AND SAFETY AT WORK (PROCEDURES IN

RELATION TO THE ISSUANCE OF

ADMINISTRATIVE PENALTIES) REGULATIONS

26th November, 2024

LEGAL NOTICE 322 of 2024, as amended by Legal Notice 51 and

192 of 2025.

(1)

The title of these regulations is the Health and

Safety at Work (Procedures in relation to the Issuance of

Administrative Penalties) Regulations.

(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.

Substituted by: 

L.N. 51 of 2025.

Legislation

Refer-

Description of breach

Administrative Penalty

ence

(Maximum)

number

(€)

of the

breach

Health and Safety at

Failed to ensure that workers’ health and

Work Act (

safety representative has been appointed.

Cap. 646)

Dock Safety

Failure to certify machinery, gear, lifting

Regulations

machinery and other requirements as required by

(S.L. 646.02)

the Dock Safety Regulations.

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 (Health,

Failure to send a notification regarding an

Safety and Welfare)

occupational disease unless a disease and, or

Regulations

obligation is elsewhere specified.

(S.L. 646.03)

Failure to send a notification regarding

injuries or fatalities at work.

Failure to keep a general register at the

place of work.

Protection of Young

Failure to keep a register with the relevant

Persons at Work

details about the employment of a young person as

Places Regulation

specified by the Protection of Young Persons at

(S.L. 646.04)

Work Places Regulation.

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

Maternity at Work

potential danger at the workplace, when assigning

Places Regulations

tasks to a pregnant, breastfeeding worker, or a

(S.L. 646.05)

mother.

Work Place (First

Failed to put up signs indicating the name

Aid) Regulations

of every first-aider or appointed person, and how

(S.L.646.06)

they can be contacted whenever first aid is required

to be given.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Minimum Health and

Failed to keep a written record, with the

Safety Requirements

specified details of all displayed screen equipment

for Work with Display

and workstations, their users and measures taken to

Screen Equipment

safeguard health and safety at work.

Regulations

Failed to maintain the written record of

(S.L. 646.07)

display screen equipment, the list of users, the

measures to safeguard occupational health and

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

(Minimum Health and

the designated workers responsible for the

Safety Requirements)

implementation of the measures required for

Regulations

firefighting and for the evacuation of workers.

(S.L. 646.08)

Failed to keep a record of the fire drill

carried out.

Protection against

Failure to assess the health and safety

Risks of Back Injury

conditions of the type of work in advance, where

at Work Places

reasonably practicable, and specifically a failure to

Regulations

examine the characteristics of loads.

(S.L. 646.10)

General Provisions

Failed to keep a written or electronic

for Health and Safety

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

at Work Places

more workers are employed.

Regulations

Failed to carry out, or to ensure that is

(S.L. 646.11)

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Control of Major

Failed to notify the "competent authority"

Accident Hazard

defined in Control of Major Accident Hazard

Regulations

Regulations with any of the requirements in

(S.L. 646.12)

accordance with the said regulations.

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.

Failed to keep the notification up to date

15000

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

Requirements for the

risks in defining the characteristics that the

Use of Personal

personal protective equipment shall have in order

Protective Equipment

to provide effective protection against risks.

at Work Regulations

(S.L. 646.13)

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Protection of Workers

Failed to notify the Authority about all

from the Risks related

cases of cancer, adverse effects on sexual function

to Exposure to

and fertility or developmental toxicity in their

Carcinogens or

offspring.

Mutagens or

Failure to draw up plans to deal with

Reprotoxic

emergencies likely to result in abnormally high

Substances at Work

exposure.

Regulations

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

(S.L. 646.14)

workers engaged in the activities in respect of

which the results of a risk assessment reveals a risk

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Protection of Workers

Failed to notify the Authority before

from the Risks related

commencing work involving asbestos.

to Exposure to

Failed to notify the Authority in cases were

Asbestos at Work

change in working conditions is likely to result in a

Regulations

significant increase in exposure.

(S.L. 646.15)

Failed to send the plan of work before the

start of the projected work.

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Protection of the

Failed to forward to the Authority reports

Health and Safety of

on occupational accidents suffered by his workers

Workers from the

without undue delay.

Risks related to

Failed to give advance notice of relevant

Chemical Agents at

work hazards, hazard identification arrangements,

Work Regulations

precautions and procedures, so that the emergency

(S.L. 646.16)

services can prepare their own response procedures

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Protection of Workers

Failed to inform the Authority of any

from Risks related to

accident or incident which may have resulted in the

Exposure to

release of a biological agent, and which could

Biological Agents at

cause severe human infection and, or illness.

Work Regulations

Failed to make a prior notification to the

(S.L. 646.17)

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

biological agents; (ii) group 3 biological agents;

(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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Protection of Workers

Failed draw up and keep up to date a health

in the Mineral

and safety document in accordance with regulation

Extracting Industries

5(1) of Protection of Workers in the Mineral

through Drilling and

Extracting Industries through Drilling and Workers

Workers in Surface

in Surface and Underground Mineral Extracting

and Underground

Industries Regulations.

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

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.

Failure to conduct further appraisals

10000

(where required), at appropriate intervals.

Failure to ensure that a geotechnical

10000

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.

Failure to draw up an operating plan for

10000

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

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

(Minimum

work posted outside and adjacent to the confined

Requirements for

space (where applicable in the Work Place

Work) (Confined

(Minimum Requirements for Work) (Confined

Spaces and Spaces

Spaces and Spaces having Explosive Atmospheres)

having Explosive

Regulations).

Atmospheres)

Failed to keep a copy of all assessments,

Regulations

maintenance records, permit to work, medical

(S.L. 646.19)

exams etc as stipulated in the Work Place

(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 failed 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

(Minimum Health and

regulation 4(7).

Safety Requirements

Failed to keep records

of

health

for the Protection of

surveillance where applicable.

Workers from Risks

Failed to ensure that each worker who

resulting from

undergoes health surveillance has his individual

Exposure to Noise)

health records made and kept up to date in

Regulations

accordance with regulation 10(3).

(S.L. 646.20)

Failure to evaluate and measure noise

levels that employees are exposed to.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Work Place

Failed to keep risk assessment in terms of

(Minimum Health and

regulation 4(5).

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

(Minimum Health and

in terms of regulation 4.

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

(Minimum Health and

in terms of regulation 4.

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Work Equipment

Failed to send to Authority the

(Minimum Safety and

examination report of an escalator, moving

Health Requirements)

walkway drawn up by an Engineer within fifteen

Regulations

(15) working days from the date on which the

(S.L. 646.24)

examination falls due in terms of item 7.2 of

Schedule I.

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 failed 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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

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 failed 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.

Health and Safety at

Failed to send a prior notice to the

Work (Minimum

Authority for notifiable construction works.

Health and Safety

Requirements for

Work at Construction

Sites) Regulations

(S.L. 646.27)

Failure to display once any work activity

on the project commences on the construction site,

a copy of the prior notice in such form as

prescribed by the Authority and, if necessary, to

periodically update it.

Project supervisor for health and safety

matters failed to draw up a health and safety plan.

Failure of the project supervisor for health

and safety matters to prepare a health and safety

file.

Client failed to keep and make available

health and safety file.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Client failed to ensure that prior to the

setting up of a construction site, a health and safety

plan is drawn up.

Client failed 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.

Lifting devices and accessories were not

displaying their maximum load values.

Failure to update health and safety plan.

Client failed to notify the Authority about

the appointment of the project supervisor for health

and safety matters.

Client failed to notify the Authority

following the demise of the project supervisor for

health and safety matters.

Project supervisor for health and safety

matters failed to notify the Authority on his

termination of engagement from acting as such.

Project supervisor for health and safety

matters failed to issue and submit without undue

delay to the relevant duty holders involved in the

construction project, an inspection report in writing

highlighting the measures being undertaken by the

contractors, employers or any self-employed persons

in identifying any potential hazards and risks and

any unaddressed hazards and risks that resulted

during the inspection carried out under the Health

and Safety at Work (Minimum Health and Safety

Requirements for Work at Construction Sites)

Regulations (S.L. 646.27) and the required

preventive and corrective measures to be taken by

the relevant duty holders to address the identified

hazards and risks, or manage health and safety.

Project supervisor for health and safety

matters failed to give a written copy of the health

and safety plan prepared in terms of the Health and

Safety at Work (Minimum Health and Safety

Requirements for Work at Construction Sites)

Regulations (S.L. 646.27) or a relevant extract

thereof to all duty holders in terms of said

regulations.

Project supervisor for health and safety

matters failed to prepare a written report in relation

to reports received in accordance with regulations

16(f)(i) of the Health and Safety at Work

(Minimum Health and Safety Requirements for

Work at Construction Sites) Regulations (S.L.

646.27).

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Project supervisor for health and safety

matters failed to register any report made by any

person in relation to any matter which may give rise

to suspicion of a breach of the Health and Safety at

Work (Minimum Health and Safety Requirements

for Work at Construction Sites) Regulations (S.L.

646.27), or the Act or any regulations made

thereunder.

Project supervisor for health and safety

matters failed to inform the Authority that any

orders made in accordance with regulation 16(d) of

the Health and Safety at Work (Minimum Health

and Safety Requirements for Work at Construction

Sites) Regulations (S.L. 646.27) have not been

observed or complied with.

Project supervisor for health and safety

matters failed to register any matter reported in

accordance with regulation 16(f)(ii) of the Health

and Safety at Work (Minimum Health and Safety

Requirements for Work at Construction Sites)

Regulations (S.L. 646.27).

Project supervisor for health and safety

matters failed to inform the Authority that his

recommendations in accordance with regulation

16(f)(ii) of the Health and Safety at Work

(Minimum Health and Safety Requirements for

Work at Construction Sites) (S.L. 646.27) have not

been implemented or adhered to.

Contractor failed to carry out or keep a

written copy of the risk assessment.

Contractor failed to update risk assessment.

Inspection of Lifts

Failed to inform the Authority in writing

Regulations

within two (2) working days from the date of

(S.L. 427.63)

inspection in cases where the Authorised

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).

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

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

500".

(ACAB) failed 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).

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

Amended by: 

(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.

L.N. 192 of

Fees due to the Tribunal in respect of an appeal

2025. 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)

Where the Authority serves a notice for the

payment of an administrative penalty in terms of article 25 and

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

amount of such administrative penalty shall be determined by the

Authority in accordance with Schedule I.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

(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 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 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

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)

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.

RELATION TO THE ISSUANCE OF ADMINISTRATIVE

PENALTIES)