WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS) REGULATIONS

SUBSIDIARY LEGISLATION 646.08

WORK PLACE (MINIMUM HEALTH AND

SAFETY REQUIREMENTS) REGULATIONS

19th February, 2002;

1st January, 2003

LEGAL NOTICE 44 of 2002, as amended by Legal Notices 437 of 2012

and 293 of 2016 and Act XXXIII of 2024.

The title of these regulations is the Work Place (Minimum

Health and Safety Requirements) Regulations.

Minimum number of sanitary conveniences and washing stations

which shonld be provided by an employer.

The number of people at work shown in column 1 refers to the maximum number

of workers likely to be in the workplace at any one time.

Column 1

Column 2

Column 3

Number of

Number of

Number of

people at work

sanitary conveniences

washing stations

1 to 5

6 to 25

26 to 50

51 to 75

76 to 100

Provided that an additional water closet and an additional washing facility shall be

provided for every twenty-five persons above one hundred.

(1) These regulations shal1 be considered as the minimum

occupational health and safety requirements applicable mutatis

mutandis to every workplace and to every work activity, and shall

apply whenever required by the features of the workplace, the work

activity being carried out, the circumstances prevailing, and the

degree or nature of a hazard.

(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 to the health or safety of a person or persons.

(3) For the purposes of these regulations, a homeworker shall

be considered a self-employed person.

Minimum workplace dimensions.

1. The total volume of a room used for work purposes, except those rooms used

only for short periods of time, when empty, and when divided by the number of

people normally working in it should be at least eleven cubic metres.

A room or part of a room which is more than 3.0 metres high shall be

counted as 3.0 metres.

2. The figure of 11 cubic metres per person shall be considered a minimum and

shall be increased to take account of furniture, equipment, machinery or fittings

present.

3. The figure of 11 cubic metres per person shall not apply to

(a) small structures where space is necessarily limited, as in retail sales

kiosks, shelters for use by watchmen, security personnel and attendants,

machine or plant control cabs, mobile broadcasting units and mobile

clinics; and to

(b) rooms already in use for work purposes before the date of publication of

these regulations, provided that where the room undergoes any

modifications or structural alterations, its dimensions should be made to

conform with the requirements of these regulations.

These regulations shall not apply to

(a) means of transport used outside the undertaking and,

or the establishment, or workplaces inside means of

transport;

(b) temporary or mobile work sites;

(c) extractive industries;

(d) fishing boats;

(e) fields, woods or other land forming part of an

agricultural or forestry undertaking but situated away

from the undertaking’s buildings.

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;

"breaks" means interruptions from work for meals and rest;

"co mp et en t pe rso n" m ea ns a perso n po ssess in g ad equ at e

qu a l if i c a t i o ns , s u i t a b l e t r a i n i n g a n d su ff i c ie n t k n o w le d g e ,

experience and skill for the safe performance of the specific task or

work required

Provided that the Authority may define appropriate criteria

for the designation of such persons;

"fumes" includes any gas or vapour;

"maintained" means kept in an efficient state, in efficient

working order, in good repair and without loss or deterioration of

function, and includes inspection, testing, cleaning, lubricating and

adjusting as necessary;

"roof" includes ceilings, false roofs, soffits and canopies;

"sanitary convenience" includes urinals, water closets, earth

closets, privies, and any similar convenience;

"suitable system of maintenance" means regular testing and

maintenance, proper carrying out of repairs in the shortest possible

period, prohibition of access to defective equipment, and the

keeping of appropriate and adequate records to ensure the proper

implementation and easy monitoring of such a system, and where

applicable, taking due regard of the manufacturer’s or installer’s

specifications;

"traffic route" includes any area which is used by any person and,

or vehicle to move from one area to another, applicable to both

indoor and outdoor workplaces and includes any stairs, staircase,

doorway, gateway, passage, fixed ladder, loading bay and ramp;

"travelator" includes a moving walkway;

"underground room" means any room or any part of a building or

work establishment where work is carried out, which is in whole or

in part situated in such manner that at least half its height,

measured from the floor to the ceiling, is below the surface of the

ground adjoining or nearest to the room.

It shall be the general duty of an employer to

(a) submit to a suitable system of maintenance any

equipment, machine, installation, plant, tool, device or

article used at a work place, as well as any safety

equipment and device intended to prevent or eliminate

hazards, and to immediately rectify or repair any fault

which is likely or liable to affect occupational health

and safety;

(b) maintain at an adequate level of hygiene and

cleanliness the workplace and any equipment and

devices used therein;

(c) ensure that no person is allowed to smoke or consume

food or drink at any workplace where any harmful

agent is stored, handled or otherwise used;

(d) inform workers and, or their representatives of all

occupational health and safety measures to be taken at

their place of work;

(e) ensure that all signs used at a workplace shall be in

conformity with the provisions of the Work Place

(Provision of

Health

and,

or

Safety

Signs)

Regulations;

(f)

allow to be used electrical installations which are

(i)

designed and constructed so as not to present a

fire or explosion hazard;

(ii) which have protection for workers against the

risk of accident caused by direct or indirect

contact;

(iii) designed constructed out of a material, and have

protection devices which are appropriate to the

voltage, external conditions and the conditions

of use

Provided that access to such installations shall be

dependent upon the competence of the worker, and the

design, construction, choice of material, protection

devices and extemal conditions.

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

structure and solidity of any building or structure or part thereof, is

appropriate to the nature of its use.

(2) The employer shall obtain from an architect the maximum

working safe load per unit area for every area, including floors,

shelves and lofts, on which material, machinery, plant or equipment

is to be placed or stored.

(3) The employer shall ensure that the maximum safe work

loads indicated by the architect, for each particular area, are not

exceeded at any time.

(1) The employer shall take all the necessary steps to

provide and maintain suitable and sufficient emergency routes and

exits so that in the event of danger, workers and all persons therein

can evacuate all the workplace and all parts thereof quickly and as

safely as possible.

(2) Without prejudice to the generality of subregulation (1), the

employer shall ensure that emergency routes and exits

(a) are kept clear at all times, and lead as directly as

possible to a safe, open air, specifically designated

area outside the premises, which shall be on the

ground floor

Provided that no lift shall be used as an emergency

route unless such lift has been certified by a

mechanical engineer as being safe to be used in

emergencies

Provided further that all traffic routes and doors

giving access to such emergency doors and exits shall

also be free from obstruction so that they can be used

at any time without hindrance;

(b) are of appropriate number, distribution, dimensions

and layout, taking into consideration the use,

equipment and dimensions of the workplaces and the

maximum number of persons that may be present;

(c) if they require illumination, are provided with

emergency lighting of adequate intensity in case of

failure of the normal lighting system;

(d) are indicated by adequate luminescent directional

signs which shall be placed at appropriate locations, at

a height of not more than three point five metres and

not less than two metres from the floor level, and

which are maintained in a good state.

(1)

The employer shall ensure that emergency doors

(a) open outwards;

(b) shall not be so locked, fastened or obstructed that they

cannot be easily and immediately opened by any

person in the workplace who may require to use them

in an emergency;

(c) are appropriately maintained;

(d) are made of fire-resistant material of suitable and

sufficient fire rating.

(2) The employer shall ensure that sliding or revolving doors

are not used as emergency exits.

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

measures for first aid, fire-fighting and evacuation of workers in

the event of serious and imminent danger

Provided that the measures which are to be taken shall be

adapted to the use of the building, the nature of the activities and to

the size of the workplace

Provided further that the measures taken shall take into

account all persons present or who may be present at any time, as

well as the physical and chemical properties of the substances

present.

(2) The measures that are required to be taken by an employer

in the provision of first aid at work, shall be in conformity with the

Work Place (First Aid) Regulations.

(3) In the pursuance of the foregoing, an employer shall make

such necessary arrangements with services outside of the

workplace, particularly as regards emergency medical care, rescue

work and fire-fighting.

(4) An employer shall designate workers who shall be

responsible for the implementation of the measures required for

fire-fighting and for the evacuation of workers. The names of the

persons thus designated shall be entered into a register to be kept at

the workplace, and the register shall be maintained and amended as

necessary by the employer

Provided that the number of persons designated for these

purposes, their training and the equipment available to them shall

be adequate and shall take into account the size of the workplace

and the nature of the hazards present therein.

(5) An employer shall as soon as possible inform workers who

are, or may be exposed to serious and imminent danger of the risk

involved, and of the steps to be taken or are to be taken with regard

to protection.

(6) An employer shall take action and give instructions which

would enable workers in the event of serious, imminent and

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

work place and to proceed to a place of safety.

(7) An employer may not ask workers to resume work in a

working situation where there is still a serious and imminent

danger, except for the purpose of instituting protective or remedial

action

Provided that in the situation referred to in the foregoing,

only workers who have the necessary training to carry out such

protective or remedial action shall be allowed in the area of danger,

and they shall be suitably and adequately protected at all times.

(8) No worker who leaves his workstation or a dangerous area

by reason of the presence of justifiably serious, imminent or

unavoidable danger, may be placed at any disadvantage because of

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

consequence may be taken against him.

(9) 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

or an y wo rk e r d e s ig na te d f or t he p ur po s e o f i mp le m e n ti ng

measures for fire-fighting and evacuation of workers 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

Provided that any worker who takes any action in the light

of the foregoing, shall not be placed at any disadvantage, unless he

acted carelessly or there was negligence on his part.

(10) It shall be the duty of the employer to take all necessary

measures to the satisfaction of the authority responsible for the

enforcement of fire safety, to

(a) prevent, so far as reasonably practicable, the risk of

accidents which may be caused by fire or explosion

from any combustible, inflammable or explosive

substances present at the workplace;

(b) ensure that the workplace is equipped at all times with

suitable and sufficient fire-fighting equipment and

with fire detectors and alarm systems, as necessary,

taking into account the dimensions and use of the

buildings, the equipment they contain, the physical

and chemical properties of the substances present and

the maximum potential number of persons present.

(11) Any non-automatic fire-fighting equipment provided by the

employer shall be

(a) easily accessible;

(b) simple to use;

(c) appropriately indicated by easily visible safety signs,

which shall be placed at appropriate points, and

regularly maintained.

(12) The employer shall inform his workers of any fire risks

present, and of the measures required to minimise such risks.

(13) The employer shall ensure that workers are adequateIy

instructed and trained as appropriate in the proper use of fire

fighting equipment as may be required for that work place by the

Civil Protection Directorate.

(14) The employer shall take all necessary measures to ensure

that all fire fighting equipment at the workplace is subjected to a

suitable system of maintenance to the satisfaction of the Civil

Protection Directorate.

(15) The employer shall ensure that fire drills are carried out at

least once every six months and a record kept of these drills

Provided that a person competent in fire safety and

recognised as such by the Civil Protection Directorate, may, at the

explicit request of an employer, and after analysing the prevailing

fire risks and the occupancy of that specific place of work,

determine a different frequency for that employer’s workplace,

which in any case shall not be longer than once every twelve

months. The recommendations made by such a competent person

should be documented in writing and kept by the employer together

with the record of the fire drills. Workers’ health and safety

representatives shall be given the opportunityof being consulted on

the frequency of these fire drills.

(16) It shall be the duty of a worker to notify his employer of

any fire which breaks out at the workplace, and the empþoyer shall

investigate the occurrence with a view to taking any action which is

deemed fit to prevent any similar recurrence.

(17) Nothing in this regulation shall debar the authority

responsible for the enforcement of fire safety from making any

recommendations it deems fit in the interest of health and safety.

(1) It shall be the duty of the employer to make effective

and suitable provision 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.

(2) Without prejudice to the generality of subregulation (1), the

employer shall ensure that where a workplace is in whole or in part

mechanically ventilated, suitable means of emergency ventilation

are provided for use in case of failure in the principal system, if

such a failure constitutes a serious or immediate risk to the health

of persons inside the workplace.

(3)

The employer shall ensure that where necessary for reasons

of health or safety, including in dilution ventilation systems used to

r e d u c e c on c e n t r a t i on s o f d us t o r f um es i n t h e a tm os ph e r e ,

mechanical ventilation systems shall have an effective device to

give a visible or audible warning of any breakdown in the system.

(4) It shall be the duty of the employer to ensure that any plant

used for the purpose of complying with the requirements of this

regulation, shall be subject to a suitable system of maintenance,

kept in operation as required, and kept clean and free from anything

which may contaminate the air without delay.

(5) The employer shall ensure that in the case of mechanical

v e n t i l a t i o n s y s t e m s w h i c h r e - c i r c u l a t e a i r, i n c l u d i n g a i r-

conditioning systems, a suitable and sufficient amount of fresh air

is added.

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

mechanical ventilation systems and air conditioning systems

operate in such a way which ensures that workers are not exposed

to draughts which cause discomfort.

(1) It shall be the duty of the employer to maintain in

every workplace inside buildings or other structures in which

people are employed, a thermal environment which is reasonably

practicable and comfortable, having regard to the working methods

being used and the physical demands placed on the workers, other

than for short periods, in conformity with accepted standards.

(2) The employer shall ensure that no person is employed for

regular and prolonged work

(a) in a thermal environment which is unsuitable for the

type of work being carried out, or which may be

harmful to health;

(b) where there is in use equipment or material which

radiates intense heat or which causes intense cooling

of the working environment and which is harmful to

health, unless suitable and effective measures are

taken to remove unnecessary risk or unless suitable

and effective protective equipment or clothing and rest

facilities are provided.

(3) The employer shall provide and maintain wherever

necessary, fixed or movable screens, deflectors or other suitable

devices in order to protect the worker against intense cold or heat.

(4) The employer shall ensure that no person is allowed to use

any method of heating or cooling which is to be harmful to human

health or which may liberate obnoxious or toxic fumes.

(5) The employer shall ensure that workplaces containing

workstations are adequately thermally insulated, taking into

consideration the type of undertaking involved and the physical

activity of the workers.

(6) The employer shall ensure that the temperature in rest

areas, rooms for duty staff, sanitary facilities, canteens and first aid

rooms is appropriate to the particular purpose of such areas.

(7) Where windows, skylights and glass partitions are installed,

they should allow excessive effects of sunlight in workplaces to be

avoided, having regard to the nature of the work and the workplace.

(1) The employer shall take all the necessary measures to

provide and maintain in every workplace suitable and sufficient

lighting, which so far as reasonably practicable, shall be by natural

light.

(2)

Without prejudice to the generality of subregulation (1)

(a) emergency lighting of adequate intensity, and powered

by a source independent from that of normal lighting,

shall be provided and suitably maintained in any room

in which persons at work are specially exposed to

danger in the event of failure of artificial lighting;

(b) artificial lighting shall be so placed or directed, or

other measures are undertaken, to prevent annoying

glare.

(3) The employer shall take all the necessary measures to

ensure that workplaces outdoors are adequateIy lit by artificial

lighting whilst work is in progress if natural light is insufficient.

(4) The employer shall ensure that any lighting systems

including lights, light fittings and light switches put up in a

workplace, including in passageways, are placed in such a way that

there is no risk of accident to any person as a result of the type of

lighting fitted or installed.

(1) The employer shall take all the necessary steps to

ensure that all floors, steps, stairs, passages, gangways and traffic

routes are of sound and sui table co nstru ct ion and p roperly

maintained, and they shall be kept free from any obstruction, from

any defect in the surface, and from any substance likely to cause

persons to slip, trip, fall or otherwise cause accidents.

(2)

Without prejudice to the generality of subregulation (1)

(a) the surfaces referred to in subregulation (1) shall have

no hole, slope, or opening or be uneven or slippery so

as in each case to expose any persons to a risk to

health or safety

Provided that no account shall be taken of an

opening where adequate measures have been taken to

prevent persons or objects from falling;

(b) where any process is carried out which renders the

floor liable to be wet by any liquid, effective means of

drainage shall be provided and maintained;

(c) all suitable measures are taken to render slip-proof any

highly polished surfaces.

(3) A workplace containing a workstation must be adequately

insulated, bearing in mind the type of undertaking involved and the

physical activity of the workers.

(4)

The employer shall provide and maintain suitable and

sufficient hand-rails and, if appropriate, guards for every staircase

in a building or which afford a means of exit from a building.

(5)

Without prejudice to the generality of subregulation (4)

(a) where a staircase has an open side, there shall be

suitable hand-rails on that side;

(b) where a staircase has two open sides, or where, owing

to the nature of its construction or the condition of the

surface of the steps or other special circumstances, a

staircase is specially liable to cause accidents, a hand-

rail and a lower rail, or other effective means shall be

provided and maintained on both sides.

(6) The employer shall ensure that all roofs at the workplace

are of sound and suitabIe construction, rendered waterproof,

adequate1y maintained and not overloaded.

(7) The employer shall bar access to roofs made of materials of

insufficient strength or where there is a risk of collapse of the roof

or part thereof

Provided that where an urgent need arises for such work to

be performed, the employer shall ensure that all suitable measures

are taken in order that works can be carried out safely without risk

to persons on or underneath the roof.

(8) The employer shall take the necessary measures to ensure

that the surfaces of floors, walls and ceilings in rooms are of

appropriate materials that allow them to be cleaned or refurbished

to an appropriate standard of hygiene and that every workplace is

kept in a clean state and free from any effluvia arising from any

drain, sanitary convenience or nuisance.

(9) Without prejudice to the generality of subregulation (8),

suitable provision shall be made to ensure that

(a) accumulations of dirt and refuse are removed as often

as required by a suitable method from the floor and

benches of workrooms, and from the staircases and

passages;

(b) the floor of every workroom in workplaces where

fumes, dusts, fibres or vapours capable of causing ill

health are generated, and the lower part of the walls

thereof up to a height of two meters shall be cleaned at

least once in every week by the most effective and

suitable means, including by sweeping, washing or by

vacuuming;

(c) all inside walls and partitions and all ceilings or tops

of rooms and all walls, sides and tops of passages and

staircases are adequately and appropriately kept clean,

and whitewashed, painted or tiled as necessary.

(10) An employer shall ensure that transparent or translucent

walls, including partitions made wholly or substantially of glass,

which are situated in rooms or in the vicinity of workstations and

traffic routes, are clearly indicated and made of safety materia1,

and are shielded so as to prevent workers from coming into contact

with the walls or from being injured should the walls shatter.

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

necessary steps to ensure that no window, skylight or ventilator

which is capable of being opened -

(a) is opened, closed, adjusted or secured in a manner

which may expose any person performing such an

operation to a risk to his health or safety;

(b) when open, be so positioned as to constitute a hazard

to any person in the vicinity.

(2) The employer shall take the necessary steps to ensure that

windows and skylights used at the workplace are designed and

constructed in a manner which allows them to be cleaned without

risk to the workers carrying out this work or to persons present in

and around the workplace

Provided that all necessary measures shall be taken to

ensure that any equipment or devices used for this purpose are used

safely and are subject to a suitable system of maintenance.

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

necessary steps to ensure that suitable and sufficient means of

access to any workplace are provided and maintained.

(2) In determining the position, location, number and

dimensions of doors and gates, as well as the material used for their

construction, an employer shall consider the nature and use of the

rooms or areas where such doors or gates are to be installed.

(3)

An employer shall ensure that

(a) every window or other transparent or translucent

surfaces in a wall, partition, door or gate whether in

rooms or on traffic routes, which are not made of

safety material, is adequately protected against

breakage and appropriately marked at a conspicuous

level;

(b) swing doors and gates are transparent or have see-

through panels which are of such dimensions, and at

such a height from the floor as to permit persons on

either side of the door to see through them;

(c) doors along escape routes are appropriately marked

and easily opened from the inside at any time,

including when the workplaces are occupied, without

special assistance.

(4) An employer shall provide doors to be used by pedestrians

in the immediate vicinity of any gates intended for use by vehicular

traffic, unless it is safe for pedestrians to pass through such gates,

and such doors shall be clearly marked and left permanently

unobstructed.

(5) The employer shall take all the necessary steps to ensure

that doors and gates are of safe construction.

(6)

Without prejudice to the generality of subregulation (5),

doors and gates shall be deemed not to comply with this

requirement unless

(a) any sliding door or gate is fitted with a safety device to

prevent it from being derailed and falling over;

(b) any upward opening door or gate has a device to

prevent it from falling back;

(c) any powered door or gate has suitable and sufficient

features to prevent it from causing injury by trapping

any persons, and shall include an easily identifiable

and accessible emergency shut-down device;

(d) any powered door or gate can be operated manually

unless it opens automatically in case of power failure;

(e) any door or gate which can be pushed open from either

side is constructed in such a way as to provide, when

closed, a clear view of the space close to both sides.

(1) The employer shall take all the necessary steps to

ensure that all traffic routes, including traffic routes to emergency

exits, as well as stairs, fixed ladders and loading bays and ramps,

are suitably located and dimensioned to ensure easy, safe and

appropriate access for pedestrians or vehicles in such a way as not

to endanger workers employed in the vicinity of these traffic routes

or other pedestrians

Provided that routes used for pedestrian traffic and, or

goods traffic must be dimensioned in accordance with the number

of potential users and the type of undertaking.

(2) All such traffic routes shall be made of sound and suitable

construction, and properly maintained, and they shall be kept free

from any obstruction, from any defect in the surface, and from any

substance likely to cause persons to slip, trip, fall or otherwise

cause accidents.

(3) The employer shall take all necessary steps to ensure that

all routes used by pedestrians and by vehicular and industrial traffic

are clearly identified and adequateIy marked, maintained, safe for

workers or any other person in the vicinity of these traffic routes,

and that they are kept clear at all times

Provided that where vehicles and pedestrians use the same

traffic route, there is sufficient separation between them.

(4) An employer shall ensure that where pedestrian and vehicle

routes cross, appropriate crossing points for pedestrians are

provided, and appropriate safety signs put up to indicate their

location

Provided that where such crossing points are provided, and

where the indicated safety signs have been put up by an employer,

it shall be the duty of a pedestrian to make use of such crossing

points.

(5) It shall be the duty of an employer to ensure that there is

sufficient clearance between vehicular traffic routes and doors,

gates, passages for pedestrians, corridors and staircases, and such

clearance should be kept unobstructed at all times.

(1) The employer shall take all necessary steps, including

the installation of appropriate devices, to prevent unauthorised

access to any person in any area where there exists a risk to health

and safety.

(2) The employer shall take suitable and sufficient measures, as

far as reasonably practicable, to

(a) indicate clearly any danger areas;

(b) ensure the health and safety of persons authorised to

enter danger areas.

(3) An employer shall ensure that every fixed vessel, structure,

sump or pit of which the edge is higher than the highest ground or

platform on which a person can stand and that can cause, or permit

a person to fall into it, shall, if it contains any scalding, corrosive or

poisonous liquid, either be securely covered or be securely fenced

to at least one metre above that ground or platform, or where by

nature of the work neither secure covering nor secure fencing to

that height is practicable, all practicable steps shall be taken to

prevent any person falling into the vessel, structure, sump or pit.

(4) Where any fixed vessel, structure, sump or pit contains any

scalding, corrosive or poisonous liquid that is not securely covered,

no ladder, stair or gangway shall be placed above, across or inside

it which is not -

(a) at least forty-five centimetres wide, and

(b) securely fenced on both sides to a height of at least one

metre and securely fixed.

(5) Where any such vessels, structures, sumps or pits as are

mentioned in subregulation (3) adjoin, and the space between them,

clear of any surrounding stone or other work, is less than forty-five

centimetres in width, or are not securely fenced on both sides to a

height of at least one metre, secure barriers shall be so placed as to

prevent passage between them

Provided that for the purposes of this regulation a ladder,

stair or gangway shall not be deemed to be securely fenced unless it

is provided either with sheet fencing or with an upper and lower

rail and toe boards.

(Revoked by Legal Notice 293 of 2016).

The employer shall take all necessary measures to ensure

that

(a) loading bays and ramps are suitable for the dimensions

of the loads to be transported;

(b) loading bays shall in general have at least one exit

point, and one at each end if reasonabIy practicable to

do so by virtue of the length of the loading bay;

(c) all necessary steps are taken, so far as reasonably

practicable, to prevent workers from falling off the

loading ramp.

(1) The employer shall ensure that all parts of a workplace

and the place itself where work is carried out are of sufficient

dimensions and suitable design and have sufficient surface area,

height and air space to allow workers and others to perform their

work without risks to safety, health or well-being

Provided that the dimensions shall be considered sufficient

if the free unoccupied space at the workstation is calculated so as to

allow workers sufficient freedom of movement to perform their

work, and if this is not possible for reasons specific to the

workplace, the worker must be provided with sufficient freedom of

movement to perform their work.

(2) For the purposes of this reguIation, and without prejudice

to the aforesaid, the dimensions shall be deemed sufficient if they

comply with the requirements of the Second Schedule.

(1) The employer shall ensure that all workstations are so

arranged that work can be carried out safely and comfortably.

(2) Without prejudice to the generality of subregulation (1),

every workstation shall be so arranged as to

(a) provide protection from adverse weather, as far as

reasonably practicable;

(b) enable any person at the workstation to leave it swiftly,

or to be assisted in case of emergency;

(c) ensure that any person is not likely to slip or fall.

(3) The employer shall ensure that no workstation is sited in

any area where there exists a substantial risk to the health and

safety of the worker from falling objects or a substantial risk of

explosion.

(1) The employer shall provide and maintain suitable and

sufficient seating for the use of any worker who is performing work

which can be wholly or partly done in a seated position.

(2) For the purpose of subregulation (1), the seating shall not

be suitable unless

(a) the design, construction and dimensions of the seating

are suitable for the person for whom it is provided, and

adequately supports the lower back;

(b) it is suitably positioned so as to facilitate good

working posture;

(c) the seating is adequately and properly supported while

in use for the purpose for which it is provided;

(d) a foot-rest is provided on which the worker can readily

and comfortably support his feet.

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

instruction of the employee as to the proper and adequate use of

adjustable seats.

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

maintain at suitable points at the workplace an adequate supply of

drinking water and to provide for its hygienic consumption.

(2) Without prejudice to the generality of subregulation (1),

such facilities shall be clearly indicated and conveniently

accessible to all persons employed at the place of work.

(1) The employer shall, when the health or safety of the

workers so require, and after taking into consideration the type of

activity and the number of workers present at any one time, provide

and maintain suitable and sufficient rest facilities which are easily

accessible to all workers. Such facilities shall

(a) be physically separate from the workplace;

(b) be of suitable dimensions and levels of hygiene;

(c) be equipped with an adequate number of tables and

seats with backs for the workers;

(d) include suitable arrangements for the protection of

non-smokers against discomfort caused by tobacco

smoke;

(e) include suitable and sufficient dining facilities which

shall include the provision of the necessary means to

heat food, to prepare a hot drink and to keep food and

drink at a suitably low temperature for workers who

regularly eat mea1s at the workplace, or where food is

likely to be contaminated.

(2) Without prejudice to the generality of the preceding

regulation, this regulation shall not be applicable to offices or to

similar workplaces

Provided that in the workplaces aforementioned, the

employer shall provide equivalent relaxation during breaks, and in

particular shall allow workers adequate opportunity to leave the

workplace during breaks.

(3) Where for any reason attributable to the design and

dimensions of the workplace the employer is unable to provide the

aforementioned resting and eating facilities in accordance with the

provisions of subregulation (1), an employer shall allow his

workers adequate opportunity to leave the workplace during

breaks.

(4) In those workplaces where rest rooms are not provided, and

where the working hours are regularIy and frequently interrupted,

an employer shall either provide other rooms in which workers can

stay during such interruptions, or the workers shall be allowed

adequate opportunity to leave the workplace during such

interruptions, wherever this is required for the safety or health of

the workers.

(5) An employer shall provide suitable resting facilities so as to

allow pregnant women and nursing mothers to lie down and rest in

appropriate conditions

Provided that a pregnant woman or nursing mother shall

have informed her employer of her pregnancy or that she is a

nursing mother by means of a certificate issued by a medical

practitioner or midwife.

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

changing rooms of sufficient capacity and situated at easily

accessible locations for workers if they have to wear special work

clothes, and where for reasons of hea1th or propriety, they cannot

be expected to change in another room. In particular, changing

rooms shall be provided

(a) for the clothing of any worker which is not worn

during working hours;

(b) for special clothing worn at work but which is not

taken home.

(2) Without prejudice to the generality of subregulation (1), a

changing facility shall be deemed suitable if

(a) it is provided with seating and lockers which enables

each worker to lock away his clothes during working

hours;

(b) separate facilities are provided for clothing of

employees engaged in operations whicl may result in

sucl clothing being contaminated, heavily soiled,

stained or impregnated, to enable them to keep work

clotles separate from ordinary clotles;

(c) separate changing rooms for use by different sexes are

provided wherever the number of workers and the

nature of work so requires.

(3) In those workplaces where changing rooms are not

required, the employer shall provide a place to each worker to store

clothes and personal belongings.

(1) The employer shall provide and maintain suitable and

sufficient washing stations in readily accessible places.

(2) Without prejudice to the generality of subregulation (1), the

washing stations shall be deemed suitable if

(a) they include a supply of clean water at suitably

controlled temperatures, soap or similar material, hand

brushes, and towels or drying facilities;

(b) they include showers which shall be sufficiently large

to permit each worker to wash without hindrance in

conditions of an appropriate standard of hygiene,

where the work may result in the worker becoming

dirty or can result in contamination of the skin by

harmful chemicals, after giving due consideration to

the nature of the work being carried out;

(c) they are in the vicinity of any changing rooms required

under these regulations and in the immediate vicinity

of every sanitary convenienee, whether or not

provided elsewhere as well;

(d) they are kept in a clean condition;

(e) they are sufficiently ventilated and lit.

(3) Separate showers or washbasins shall be provided by an

employer, or arrangements shall be made for the separate use of, by

men and women, when so required for reasons of propriety.

(4) For the purposes of this regulation, the number of washing

stations provided shall be deemed sufficient if it complies with the

First Schedule.

(1) The employer shall provide sufficient and suitable

sanitary conveniences at readily accessible places, which

conveniences shall be deemed suitable if

(a) they and the rooms containing them are suitably

maintained and kept clean;

(b) the rooms containing them are adequately ventilated

and well lit;

(c) they are provided with adequate handwashing and

drying facilities, as far as reasonably practicable;

(d) they are in the vicinity of workstations, rest rooms,

changing rooms and rooms housing showers or

washbasins.

(2)

Eating shall not be allowed in the said areas.

(3) Where for any reason attributable to the design and

dimensions of the workplace, the employer is unable to provide the

aforementioned facilities in accordance with the provisions of

subregulation (1), he shall allow his workers adequate opportunity

to leave the workplace during breaks.

(4) The employer shall provide separate conveniences for

persons of different sexes

Provided that where for any reason attributable to the

design and dimensions of the workplace, the employer is unable to

provide separate conveniences, the employer shall ensure the

adequate privacy of any person using such facilities.

(5) For the purposes of this regulation, the number of sanitary

conveniences provided shall be deemed sufficient if it complies

with the First Schedule.

(1) The employer s]all identify those areas in which

smoking could cause a risk of fire or explosion, and he shall ensure

that smoking is not allowed in such areas.

(2) The employer shall identify areas, which are physically

separate from other areas where smoking is allowed, in which

smoking is prohibited, so as to protect non-smokers against

discomfort caused by tobacco smoke.

(3) The employer shall put up appropriate signs indicating that

smoking is prohibited in those areas in which smoking is not

allowed.

No work shall be carried out in any underground room (not

being an underground room used only for the purpose of storage)

which is unsuitable for the purpose as regards construction, height,

light, dimensions or ventilation, or is otherwise unsanitary, or

which has no adequate means of escape in case of fire or other

emergency.

(1) The employer shall ensure that the workplace is so

organised and arranged to take account of the health and safety

requirements of any workers with disability, if necessary.

(2) Without prejudice to the generality of subregulation (1),

this provision applies in particular to the doors, passageways

staircases, showers, washbasins, lavatories, resting and eating

facilities and workstations used or occupied directly by persons

with a disability.

(3) The employer shall ensure that the work equipment

assigned for use by the person with disability, or the type of work

itself are such that the disabled person is not exposed to added risks

to health and safety due to the disability.

(1) The employer shall take all measures as far as

reasonably practicable to ensure that workers engaged outdoors are

able to leave swiftly the place where work is being carried out or to

be rapidly assisted in the event of danger or to rapidly receive first

aid when so required.

(2) The employer shall take all measures, so far as reasonably

practicable, to ensure that when workers are employed outdoors,

the workers are protected against

(a) inclement weather conditions;

(b) falling objects;

(c) harmful noise levels;

(d) harmful outdoor influences such as gases, vapours or

dust;

(e) slips, trips or falls

Provided that an employer shall first take all measures, as

far as reasonably practicable, to ensure that workers are not

exposed to such risks.

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

workplaces are adequately lit by artificial lighting if daylight is not

adequate.

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 reguIations shaIl

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.

WORK PLACE (MINIMUM HEALTH

AND SAFETY REQUIREMENTS)