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Occupational Health & Safety.

Occupational Health & Safety Legal Services

Project Description

We assist our clients in compliance with requirements under the Occupational Health and Safety Act (Chapter 424 of the Laws of Malta) which transposes the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

  • Legal obligations of company directors and judicial representatives of a company under Civil Law (award of damages to the plaintiff) and Criminal Law in Malta.  (The Occupational Health and Safety Act sets a fine of up to 11,646.87 euro and imprisonment for a period of up to two years for convicted offences).
  • Carrying out of the Risk Assessment, to be updated periodically (every two years at minimum) taking into account changing circumstances and new work practices.  Where five or more workers are employed, a written or retrievable electronic copy of the Risk Assessment must be kept by the employer and must be be shared with employees.  (Health and Safety at Work Places Regulations, Legal Notice 36 of 2003, Article 10).
  • Drafting of the written Health and Safety Policy (Occupational Health and Safety Act, Chapter 424 of the Laws of Malta)
  • Provision of information, instruction and training to employees (Health and Safety at Work Places Regulations, Legal Notice 36 of 2003)
  • Designation of Workers’ Health & Safety Representative (Health and Safety at Work Places Regulations, Legal Notice 36 of 2003)
  • Designation of Health and Safety Officer (Health and Safety at Work Places Regulations, Legal Notice 36 of 2003)
  • Fulfillment of workers’ obligations: including correct use of machinery, tools, dangerous substances, transport equipment, personal protective equipment etc, refraining from arbitrarily removing or disconnecting safety devices, inform employer or Occupational Health and Safety Officer of work situations representing a serious and immediate danger to health and safety and of any shortcomings of protection arrangements, cooperation with employer and Occupational Health and Safety Officer  (Health and Safety at Work Places Regulations, Legal Notice 36 of 2003)
  • Health surveillance of workers at regular intervals (Health and Safety at Work Places Regulations, Legal Notice 36 of 2003)

In the event of judicial proceedings for an offence under OHS laws and regulations, it shall be for the accused to prove that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

Additionally, the recently implemented Occupational Health and Safety (Payment of Penalties) Regulations (Legal Notice 36 of 2012) establishes the list of offences for which the Occupational Health and Safety Authority may issue administrative penalties to be paid for infringement (up to 450 euro for a single infringement).

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