B 805
L.N. 123 of 2020
OCCUPATIONAL HEALTH AND SAFETY AUTHORITY ACT 
(CAP. 424)
Occupational Health and Safety (Payment of Penalties)  
(Amendment) Regulations, 2020
IN EXERCISE of the powers conferred by article 12 of the
Occupational Health and Safety Authority Act, the Minister
responsible for European Affairs and Equality, after consultation with
the Occupational Health and Safety Authority, has made the following
regulations:-
Citation and 
date of coming 
into force.  
S.L. 424.33 .1.The title of these regulations is the Occupational Health
and Safety (Payment of Penalties) (Amendment) Regulations, 2020,
and these regulations shall be read and construed as one with the
Occupational Health and Safety (Payment of Penalties) Regulations,
hereinafter referred to as "the principal regulations".
(2) These regulations shall come into force within two (2)
months from the publication thereof in the Gazette. 
2.Sub-regulation (2) of regulation 3 of the principal regulations
shall be substituted by the following:
"(2) The second column of Schedule I provides a general
description of the infringement, which description shall not be
relied on in interpreting the relevant regulation cited, the third
column establishes the penalty to be paid and the fourth column
refers to the regulations for which a penalty is applicable. ".
Adds new 
regulation to the 
principal 
regulations.3.Immediately after regulation 8 of the principal regulations
there shall be added the following new regulation:
"Transitory 
provision.9. Any pending penalty imposed and,
or judicial proceedings instituted under these
regulations  shall continue to be regulated by the
Schedules which were contained in these
regulations, prior to their substitution." .
Verżjoni Elettronika
B 806
Substitutes 
Schedule I of 
the principal 
regulations.4.Schedule I of the principal regulations shall be substituted by
the following:
"SCHEDULE I
Description of ContraventionPenalty
(€)Legal 
Reference
1. Workplace equipment or machinery in use not
inspected, examined, tested and, or certified
according to OHS legislation.
The stipulated penalty shall apply for each item
of equipment or machinery which has not been
examined, tested and, or certified within the
prescribed time from when the obligation falls
due, and, or in cases where (i) no certificate
required to be sent has been sent, or (ii) no entry
in a register is made, or (iii) no register is kept.250The legal
references for
this penalty
are listed in
Schedule II to
these
regulations.
2. Not carrying out a suitable, sufficient and
systematic assessment of all occupational health
and safety hazards and the resultant risks
involved.250 S.L. 424.18
3. Employer not performing suitable and sufficient
assessments of the health and safety risks to
which workers are exposed in consequence of
VDU use.250 S.L. 424.14
4. Employer not carrying out an assessment of the
occupational health and safety hazards which
may be involved at the place of work, before
engaging or offering work to any young person.250 S.L. 424.10
5. Employer not carrying out an assessment of the
occupational health and safety hazards which
may be involved at the place of work, before
assigning work to any pregnant or breastfeeding
worker or to a mother.250 S.L. 424.11
6. Levying or permitting to be levied a charge or
deduction of wages of any worker in respect of
anything done or provided in the interests of
occupational health, safety, hygiene or welfare
pursuant to the regulations. The penalty shall be
applied to an organisation, irrespective of the
number of employees affected.250 S.L. 424.18
7. Not ensuring the appointment of workers’
health and safety representatives.250 S.L. 424.18
8. The commencement of work which requires
prior notification, authorisation or submission
of plan of work to the OHSA without such an
obligation being fulfilled.250S.L. 424.36;
S.L. 424.23
9. Non-notification of any accident which results
in either the death of or a major injury to any
person or, in the case of an employee at work, in
that employee being incapacitated for work for
more than three consecutive days. The penalty
applies for each injury not notified.250 S.L. 424.09
Verżjoni Elettronika
B 807
10. Not complying with obligations laid down in
Schedule IV to the Work Place (Minimum
Health and Safety Requirements for Work at
Construction Sites) Regulations.250 S.L. 424.36
11. Requesting workers to handle a load, which by
reason of its characteristics or because of
unfavourable ergonomic conditions, involves a
risk particularly of back injury to workers,
without first having taken appropriate
organisational measures, or provided
appropriate mechanical means in order to avoid
the need for manual handling.250 S.L. 424.17
12. A person intentionally or recklessly interferes
with or misuses anything provided in the
interests of occupational health and safety.250 S.L. 424.18
13. Not keeping a written or retrievable electronic
copy of a risk assessment when more than 5
workers are employed.250 S.L. 424.18
14. Not providing workers and their representatives
with comprehensible and relevant information.250 S.L. 424.18
15. Worker not taking care of his/other persons’
health and safety in accordance with the training
and the instructions given by an employer.250 S.L. 424.18
16. Temporary workers are not afforded adequate
health and safety protection.250 S.L. 424.18
17. A project supervisor not ensuring the
preparation of a health and safety plan.250 S.L. 424.36
18. Workers not cooperating with employer and, or
appointed workers’ health and safety
representatives and, or workers having a
specific responsibility for the safety and health
of workers.250Cap. 424;
S.L. 424.18
19. Employer fails to ensure that where there is a
risk of mechanical contact with moving parts of
work equipment which could lead to accidents,
those parts must be provided with guards or
devices to prevent access to danger zones or to
halt movements of dangerous parts before the
danger zones are reached.250 S.L. 424.35
20. Employer not providing personal protective
equipment and, or clothing, and, or not ensuring
that workers make full and correct use of such.250 S.L. 424.18
21. Self-employed person not taking measures to
safeguard one’s own health and safety and that
of other persons who can be affected by reason
of the work which is carried out.250 Cap. 424
22. A person breaks or tampers with any seal made,
or with any monitoring equipment installed, put
up or left by an OHS Officer in a work place, or
in the case of personal monitoring equipment,
on a worker.250 Cap. 424Description of ContraventionPenalty
(€)Legal 
Reference
Verżjoni Elettronika
B 808
23. Work equipment designed for lifting loads
which is mobile or can be dismantled not being
used in such a way as to ensure the stability of
the work equipment250 S.L. 424.35
24. Tower crane not certified after installation and
before being put into service on a site.250 S.L. 424.35
25. Lifting equipment with suspended loads left
without surveillance.250 S.L. 424.35
26. Person/s lifted without adequate safety
measures or cage which has not been certified.250 S.L. 424.35
27. Person/s lifted on forklift truck without certified
attachments.250 S.L. 424.35
28. No person/s designated by an employer to assist
him in undertaking the measures relating to
occupational health and safety.450 S.L. 424.18
29. Workers who are entitled to undergo health
surveillance not provided with such health
surveillance.450 S.L. 424.18
30. Employer not taking measures to:
• prevent risks of falls from heights;
• ensure that all open edges are effectively
fenced / guarded;
• ensure that work equipment is operated
correctly.450Cap. 424;
S.L. 424.18
31. Employer not providing adequate first aid
equipment and facilities as are adequate and
appropriate for enabling first aid to be rendered
to whosoever becomes injured or ill inside the
workplace.250 S.L. 424.13
32. Employer not ensuring the presence at all times
of such a number of first aiders as is adequate
and appropriate in the circumstances for
rendering first aid to employees if they are
injured or become ill at work.250 S.L. 424.13
33. Employer not providing and maintaining a
suitably equipped first-aid room where two
hundred or more employees are at work in a
place of work, or where the type of activity or
the frequency of accidents so dictate.250 S.L. 424.13
34. A self-employed person not providing or
ensuring that there is provided, adequate first
aid equipment to enable him to render first aid
to himself while he is at work, or for others to
give him first aid.250 S.L. 424.13
35. Blocked, inaccessible and / or locked
emergency exits.250 S.L. 424.15
36. Employer not taking the necessary measures for
fire-fighting and evacuation of workers in the
event of serious and imminent danger.250 S.L. 424.15
37. Employer not ensuring the structure and solidity
of any building or structure.250 S.L. 424.15Description of ContraventionPenalty
(€)Legal 
Reference
Verżjoni Elettronika
B 809
Substitutes 
Schedule II of 
the principal 
regulations .5.Schedule II of the principal regulations shall be substituted
by the following:
"SCHEDULE II 
(In respect of workplace equipment and machinery)
".38. Employer not making effective and suitable
provisions 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.250 S.L. 424.15
39. Inadequate or no health and / or safety signage. 250 S.L. 424.16 ".Description of ContraventionPenalty
(€)Legal 
Reference
Type of machinery or 
equipmentApplicable 
regulationFrequency of 
Examination/Testing/
CertificationAction required to 
be taken by 
Employer
1. Goods Lifts S.L. 424.35 Every 6 months Copy of examination 
report to be sent to 
OHSA.
2. Lifting machines
S.L. 424.35Every 12 months
Every 6 months if 
used for lifting per-
sonsCopy of examination 
report to be kept 
available for 
inspection.
3. Chains, ropes and lifting
tackle
S.L. 424.35 Every 6 monthsRegister to be kept 
and copy of 
certificate to be kept 
available for 
inspection.
4. Steam boilers S.L. 424.35Every 12 months, and 
after any extensive 
repairsCopy of examination 
report to be kept 
available for 
inspection.
5.Passenger and Passenger
goods liftsS.L. 427.63Preventive inspection 
of lifts in workplaces 
every 6 monthsCopy of preventive 
inspection report to 
be sent to OHSA.
6.Passenger and Passenger
goods liftsS.L. 427.63Thorough 
examination of lifts in 
workplaces every 6 
yearsCopy of thorough 
inspection report to 
be sent to OHSA.
7.Escalators and moving
walkwaysS.L. 424.35Examination and 
certification of 
escalators and moving 
walkways every 6 
monthsCopy of examination 
report to be sent to 
OHSA
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz/Price
€0.54
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