Cap. 646 Art. 9Provisions related to the Executive.

(1) The Executive shall be headed by a Chief Executive who shall be appointed by the Minister in consultation with the Governing Board for a defined period under such terms as established in the letter of appointment and the said period may be extended for further periods as necessary.

(2) The Executive shall have the authority and responsibility for the implementation of the provisions of the Act and shall have such functions and powers in respect of its structures as are set out in the Act and such other functions and powers as may be delegated to it by virtue of any other law, or as may be assigned to it by the Minister.

(3) The Executive shall have the following functions:

(a) apply the provisions of this Act and of any regulations made thereunder;

(b) establish implementation strategies and policies related to health and safety at work;

(c) monitor compliance with relevant laws relating to health and safety at work and to take enforcement action where necessary;

(d) promote and disseminate information regarding health and safety at work, and the methods required to prevent injury, ill health or death at work;

(e) collate and analyse data and statistics on injuries at work, ill health and deaths and on matters ancillary to health and safety at work:

Provided that the Executive may request any data or information from any person including any Government department, agency, entity or corporation on any matter, directly or indirectly related to health and safety at work, and such data or information shall be provided without delay:

Provided further that any such data or information shall be deemed to have been given and received under the obligation of confidentiality and with respect to the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC (General Data Protection Regulation);

(f) keep registers of such plant, installations, equipment, machinery, articles, substances, or chemicals intended for use at the workplace, as it may deem appropriate, which provide a serious risk to health and safety at work;

(g) carry out any investigation on any matter concerning health and safety at work, including but not limited to the investigation of any accident, incident, injury, disease or death occurring as a result, or by reason of, any association with work, as well as investigations to ascertain the level of health and safety provided at any workplace, and the duty of the Authority to ensure the enforcement of any provision of this Act shall not be reason to debar the carrying out of such investigations:

Provided that when carrying out the said investigation, the Executive may request any information, documentation or any item or thing deemed necessary by the Executive for the conclusion of the investigation:

Provided further that the Executive may appoint competent persons from the register mentioned in paragraph (i) to accompany and assist in any investigation;

(h) promote and carry out, coordinate or commission, and where the Authority deems necessary publish, scientific research, surveys or other professional studies aimed at better methods of preventing illness, injury, or death at work;

(i) keep registers, if applicable in accordance with this Act, of competent persons in matters related to health and safety at work, and to develop schemes as are necessary for the accreditation of competence and, or certification in the field of health and safety at work:

Provided that the Executive may determine the minimum qualifications required before the name of a person may be entered into the register;

(j) shall receive and review reports submitted by the HSRO and take the appropriate action to address the identified concerns;

(k) issue administrative instruments as defined in article 2; and, or

(l) impose administrative penalties and fines (multi) as referred to in articles 25, 26 and 27.