HEALTH AND SAFETY AT WORK (ADMINISTRATIVE PENALTIES AND COMPROMISE FINES PUBLICATION) REGULATIONS

HEALTH AND SAFETY AT WORK (ADMINISTRATIVE

PENALTIES AND COMPROMISE FINES PUBLICATION)

SUBSIDIARY LEGISLATION 646.28

HEALTH AND SAFETY AT WORK

(ADMINISTRATIVE PENALTIES AND COMPROMISE

FINES PUBLICATION) REGULATIONS

13th June, 2025

LEGAL NOTICE 104 of 2025.

(1)

The title of these regulations is the Health and

Safety at Work (Administrative Penalties and Compromise Fines

Publication) Regulations.

(2)

The scope of these regulations is to establish parameters

in terms of article 28(1) of the Health and Safety at Work Act, for the

publication of administrative penalties that have been finally

determined and compromise fines that have been paid.

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 article 4 of the Act;

"administrative penalty" means the administrative

penalty issued in accordance with the provisions of the Act and

in particular of the Health and Safety at Work (Procedures in

relation to the Issuance of Administrative Penalties)

Regulations;

"compromise fine" means the compromise fine issued in

accordance with the provisions of the Act and in particular in

accordance with the special compromise procedure stipulated in

article 27 of the Act.

(1)

Information relating to any administrative penalty

that has been finally determined and any compromise fine that has

been fully settled in relation to a singular incident for an amount in

excess of five thousand euro (€5,000), shall be published on the

Authority’s website in accordance with article 28(1) of the Act, and

such publication shall include the information specified in article 28(3)

of the Act.

(2)

Information relating to any administrative penalty that

has been finally determined and any compromise fine that has been

fully settled in relation to a singular incident for an amount that does

not exceed five thousand euro (€5,000), shall be published on the

Authority’s website in accordance with article 28(1) of the Act, and

HEALTH AND SAFETY AT WORK (ADMINISTRATIVE

PENALTIES AND COMPROMISE FINES PUBLICATION)

such publication shall only include a summary of the breach or offence

committed, and it shall be published on an anonymous basis

Provided that if during the period within which

information in relation to an administrative penalty or otherwise a

compromise fine is published in accordance with sub-regulation (1), or

otherwise in accordance with sub-regulation (2) on an anonymous

basis, a person shall have become liable to pay another administrative

penalty on a final determination basis or otherwise would have settled

another compromise fine, such subsequent publication shall not be on

an anonymous basis and all details in accordance with article 28(3) of

the Act shall be published for the period specified in accordance with

sub-regulation (3).

(3)

The publication of information relating to administrative

penalties that have been finally determined and compromise fines that

have been paid shall remain accessible on the Authority’s website for a

period of six (6) months from the day of final determination or

payment.