L.S. 646.28 Regolamenti dwar is-Saħħa u s-Sigurtà fuq ix-Xogħol (Pubblikazzjoni ta’ Penali Amministrattivi u ta’ Multi ta’ Kompromess)

(1)The title of these regulations is the Health and Safety at Work (Administrative Penalties and Compromise Fines Publication) Regulations. Citation and scope.

(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.  Cap.

2. requires: In these regulations, unless the context otherwise Interpretation. "Act" means the Health and Safety at Work Act; Cap.
3. "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;     S.L. 464.
4. "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. 3.

(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 Parameters for the publication of information relating to administrative penalties that have been finally determined and compromise fines that have been paid. 2 [ S.L. 646.28 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.