The primary piece of legislation that establishes the Occupational Health and Safety Authority (OHSA) and outlines the fundamental framework for workplace health and safety in Malta is the Occupational Health and Safety Authority Act (Chapter 424 of the Laws of Malta).

Employer Responsibilities

The OHSA Act outlines several key responsibilities for employers in Malta:

• General Duties (Section 5 of the OHSA Act): Employers must ensure the health, safety, and welfare of their employees as far as is reasonably practicable. This includes providing safe workplaces, equipment, systems of work, information, instruction, and training.
• Risk Assessments (Section 6 of the OHSA Act): Employers must identify hazards, conduct risk assessments, and implement control measures to mitigate risks to their employees and others affected by their work activities.
• Consultation and Cooperation (Section 16 of the OHSA Act): Employers must consult with their employees on health and safety matters and cooperate with employee representatives.
• Provision of Information and Training (Section 7 of the OHSA Act): Employers must provide their employees with adequate information and training related to health and safety, including specific hazards and necessary precautions.

Employee Responsibilities

Employees also have responsibilities under Maltese health and safety law:

• Taking Reasonable Care (Section 9 of the OHSA Act): Employees must take reasonable care of their own health and safety and that of others who may be affected by their actions or omissions.
• Cooperating with Employers (Section 9 of the OHSA Act): Employees must cooperate with their employers in order to comply with health and safety requirements.
• Using Equipment and PPE Correctly: Employees must correctly use any machinery, equipment, personal protective equipment (PPE), and safety devices provided.

Specific Regulations

In addition to the OHSA Act, there are numerous subsidiary legislative instruments (LNs) that address specific aspects of workplace health and safety in Malta. Some important ones include:

Workplaces

• Work Places (Minimum Health and Safety Requirements) Regulations (S.L. 424.09): These regulations set out detailed requirements for workplaces, including ventilation, lighting, sanitation, and welfare facilities.

Specific Hazards

• Construction (Health, Safety, and Welfare) Regulations (S.L. 424.08): Regulations addressing hazards in the construction industry.
• Protection against Ionising Radiation Regulations (S.L. 424.28): Regulations for working with ionizing radiation.
• Control of Major Accident Hazards (COMAH) Regulations (S.L 424.24): Regulations for sites handling large amounts of hazardous substances.

Important Considerations

• European Union Influence: Malta is a member of the European Union. As such, Maltese health and safety laws are heavily aligned with EU Directives, providing a high standard of protection for workers.

Occupational health and safety (OHS) in Malta is shaped by European Union standards, with a strong emphasis on risk assessment, prevention and control measures, consultation and worker participation, training and information, and emergency planning and preparedness.

Risk Assessment

Risk assessment is a cornerstone of Malta's OHS approach. Employers are required to identify and assess hazards in the workplace, forming the basis for proactive hazard management. The Occupational Health and Safety Authority (OHSA) and other sources offer guidelines for risk assessments, promoting a consistent methodology across industries.

Prevention and Control Measures

Malta follows the widely accepted hierarchy of controls, prioritizing elimination, substitution, engineering controls, administrative controls, and finally, personal protective equipment (PPE). Each industry has tailored standards for controlling hazards. For example, in construction, fall protection measures are specified.

Consultation and Worker Participation

Maltese law emphasizes the role of employees and their representatives in OHS decision-making. Many workplaces have safety committees or designated representatives to facilitate worker-management cooperation on OHS.

Training and Information

Employers must provide OHS training appropriate to the employee's job and potential hazards. They are also responsible for sharing clear safety information, instructions, and hazard warnings with workers.

Emergency Planning and Preparedness

Malta's OHS regulations often require emergency plans that address fire, chemical spills, medical emergencies, etc. Regular drills and exercises help workers understand their roles and procedures during emergencies.

The Role of the Occupational Health and Safety Authority (OHSA)

The OHSA plays a pivotal role in driving OHS practices in Malta. It conducts workplace visits to check compliance and can issue improvement or prohibition notices in case of violations. The OHSA also produces substantial resources to support employers and workers, including guidelines, publications, and training materials. It promotes OHS throughout Malta with wide-reaching campaigns and events.

Ongoing Challenges and Continuous Improvement

Small and Medium-Sized Enterprises (SMEs) may face resource and knowledge limitations in OHS. The OHSA provides tailored support for smaller businesses. New technologies, substances, and work patterns necessitate ongoing updates to OHS practices, requiring a proactive approach from all stakeholders.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They serve as a proactive enforcement tool, help in hazard identification, and promote health and safety awareness among employers and employees.

The Procedure of Workplace Inspections

Workplace inspections are governed by the Occupational Health and Safety Authority Act. The Act empowers OHSA inspectors to enter any workplace without prior notice at any reasonable time to perform their duties. The scope of these inspections can include examining the workplace, machinery, and equipment, investigating processes, materials, and substances, requesting relevant documentation, and interviewing employers, employees, and other individuals. It's important to note that employers and employees are required to cooperate with inspectors and facilitate the inspection process.

Criteria for Workplace Inspections

The criteria guiding OHSA inspections are comprehensive. They include checking for compliance with the OHSA Act and Subsidiary Legislation, examining whether employers have conducted appropriate risk assessments and implemented control measures, targeting known hazards within an industry, and focusing on protecting vulnerable groups such as young workers, new or expectant mothers, and employees with disabilities.

Frequency of Workplace Inspections

The frequency of OHSA inspections can vary based on several factors. High-risk workplaces are naturally inspected more frequently. Workplaces with a history of accidents or incidents may attract more attention. The OHSA might also conduct focused inspection campaigns targeting specific sectors or hazards.

Actions Following Workplace Inspections

After an inspection, OHSA officers may take several actions. For minor issues, inspectors can provide verbal or written advice for improvement. For more serious breaches, an improvement notice is issued, legally mandating the employer to address the issue within a specified timeframe. If there's an immediate risk of serious harm, a prohibition notice can be issued to halt a dangerous activity or even shut down a work area. In cases of severe or repeated violations, the OHSA can initiate prosecution proceedings against employers or employees.

The Significance of Workplace Inspections

Workplace inspections are a vital part of maintaining health and safety standards, protecting workers, and fostering a culture of safety across industries.

Employers are legally obligated to report workplace accidents. The types of reportable accidents include fatal accidents, major injury accidents, and injuries incapacitating for 3 or more days. Fatal and major injury accidents must be reported immediately to the Occupational Health and Safety Authority (OHSA), while injuries incapacitating for 3 or more days should be reported within 10 working days. Reports can be submitted online or directly to the OHSA.

Workplace Accident Investigation

The OHSA has the authority to investigate workplace accidents, particularly those involving serious injuries or fatalities. The purpose of these investigations is to identify the root causes of the accident, determine if any health and safety regulations were breached, and recommend preventive measures to avoid similar incidents. Employers are required to cooperate fully with OHSA investigations, preserve the accident scene as much as possible, and take immediate steps to prevent further accidents.

Compensation Claims

Malta's social security system provides benefits for employees injured in workplace accidents. These may include injury benefits (short-term compensation), invalidity pensions (long-term benefits for work-related disabilities), and additional benefits for severe cases. In cases of employer negligence, injured workers may be entitled to file a civil lawsuit for damages. An example of negligence would be failing to provide appropriate safety equipment.

Procedure for Compensation Claims

Workers must submit a claim to the Department of Social Security. Employers are responsible for providing relevant documentation and cooperating with the process.