S.L. 646.11 Art. 9Protective and preventiveservices and measures.

(1) In any workplace, an employer shall designate one or more persons having the necessary aptitude, capabilities, competence and training to assist him in undertaking the measures which are required to be taken in relation to the protection of occupational health and safety and the prevention and control of occupational risks: Provided that where more than one person is so designated, or where external services are recruited, an employer shall make arrangements for ensuring adequate co-operation between them.

(2) Workers who have been designated to carry out the activities referred to in the preceding subregulation, may not be placed at any disadvantage because of their activities related to the protection of occupational health and safety and prevention of occupational risks.

(3) If, for whatever reason, the protective and preventive measures required by these regulations cannot be organised for lack of competent personnel in the undertaking and, or establishment, the employer shall enlist competent external services or persons having the necessary aptitudes and the necessary personal and professional means.

(4) Where the employer enlists such external services or persons, the employer shall inform them of the factors known or suspected to affect the health and safety of any person by the conduct of the undertaking.

(5) Where the employer enlists such external services or persons, the employer shall provide them with, and ensure access to, any such information as would be required to allow them to carry out their assigned tasks, including any information which should be given to the workers by virtue of these regulations.

(6) In selecting designated workers or the external services to be consulted, including the numbers required as well as the level of professional training and competence, an employer shall also take into consideration the size of the undertaking and, or establishment, the number of persons present at any time, the hazards to which the workers are exposed and their distribution throughout the entire undertaking and, or establishment, and in the case of workers designated from within the establishment, shall ensure that the time available for them to fulfil their functions and the means at their disposal are adequate.

(7) Where both designated workers and external services are appointed, the employer shall ensure the co-ordination of the activities that are to be carried out, and that they work together whenever necessary.

(8) It shall be the duty of an employer to ensure that designated workers or services are informed of the assignment of work to temporary workers to the extent necessary for the designated workers to be able to carry out adequately their protection and prevention activities for all the workers in the undertaking and, or establishment.

(9) The Authority may determine the capabilities, aptitudes and level and type of training required by designated persons for the adequate and suitable implementation of this regulation.