New Health & Safety Regulations (Penalties) Now in Force
by Marta Zammit
19/06/2025
Big news in the world of health and safety at work! On June 13, 2025, new regulations were introduced under the Health and Safety at Work Act.
Let’s break it down:
What’s the Deal? These regulations spell out what the Occupational Health and Safety Authority (‘OHSA’) needs to publish when they slap administrative penalties or compromise fines when occupational health and safety laws are breached.
‘Compromise fines’: What’s that? Such fines can be imposed for certain non-fatal and non-administrative breaches. If the Authority believes that a person has committed such an offence against the Act, it may issue a written notice outlining the nature of the offence, the steps required to remedy it, whether the offence is remediable, and a declaration that a compromise fine is payable. The amount of this fine may not exceed fifty thousand euro (€50,000).
Upon receiving the notice, the individual has 60 days to:
- Accept responsibility, in writing;
- Remedy the offence (if remediable), and
- Pay or commit to paying the fine, or agree on a payment plan.
If they do all this, the fine is final, and no further legal action will be taken for the same offense. But if they don’t pay up, the fine becomes a civil debt.
If the person fails to accept responsibility or, in the case of a remediable offence, does not remedy the breach despite paying the fine, the Authority may proceed with criminal prosecution in accordance with applicable laws.
Public Naming & Shaming? The OHSA will publish details of these penalties and compromise fines which have become final, and any cases of offences against the law. This information will remain publicly accessible on the Authority’s website until the relevant information is removed from the duty holder’s conduct certificate.
- For fines exceeding €5,000: for these publications, the information to be published by the Authority include the following, as stipulated in article 28 sub-article 3 of the Act:
- information on the type and the nature of the breach;
- the identity of the duty holder involved;
- amount of any administrative penalty imposed;
- a summary of the breach or offences committed; and
- the Court’s or Tribunal’s decision, as applicable, and any pertinent detail related to the case
- For fines under €5,000: the information to be published by the Authority will be limited to a summary of the breach or offence, presented anonymously, as stipulated in article 28 sub-article 1 of the Act. However, if, during the period in which a breach or offence is published anonymously, the same individual/entity incurs another administrative penalty or settles an additional compromise fine, this anonymity will no longer apply and the above stated information as per sub-article 3 of the same article in the Act shall be published, along with the identity and of the person/entity.
All published information will remain accessible on the Authority’s website for 6 months from the date of final determination or payment.
Why All This? The goal is to make sure everyone knows about these breaches, which should encourage companies to follow the rules and keep their workplaces safe.
Stay safe and compliant!
Need help with these regulations or drafting policies to stay compliant? Reach out to us at: marta.zammit@fenechlaw.com; paul.gonzi@fenechlaw.com; mattea.pullicino@fenechlaw.com; kristina.abela@fenechlaw.com
Read more about what the Health and safety at work Act has brought about:
