Occupational Health and Safety (OHS) is a matter of public interest and all reasonable efforts must be taken to prevent physical and psychological ill-health, injury or death at work. The main legal responsibility to manage Health and Safety at the place of work rests with employers who have a duty to take all necessary measures for the safeguard of OHS.
To assist employers to abide by their legal obligations, the Occupational Health and Safety Authority (OHSA) has prepared this guidance on the main Health and Safety legal obligations at the workplace.
The applicable health and safety at work legislation in Malta
Health and Safety at Work in Malta is regulated by the Health and Safety at Work Act (Chapter 646 of the Laws of Malta), through subsidiary legislation and Administrative Instruments. The national legislative framework follows a European preventive approach. Malta's accession to the European Union brought with it the transposition and implementation of all OHS Directives into Maltese legislation, so much so that nowadays Maltese OHS regulations reflect the provisions and principles laid down in European OHS Directives.
OHS legislation in force may be accessed from the official Government of Malta legislation website, whereas Administrative Instruments in force may be accessed from OHSA's website: https://ohsa.mt.
Enforcement of Health and Safety at Work legislation in Malta
The Health and Safety at Work Act establishes the Occupational Health and Safety Authority (OHSA) to ensure that the physical, psychological and social well-being of all workers in all workplaces are promoted and safeguarded by whosoever has such a duty.
The Act provides for the appointment of Health and Safety at Work Officers and grants them such powers as would enable them to perform their prescribed responsibilities. E.g. a Health and Safety at Work Officer is empowered to enter freely and without previous notice in any workplace at any time of day or night to conduct inspections, issue orders including orders to stop works, to ensure that health and safety at work is being safeguarded, to question any employer or worker during an investigation etc.
The Act also provides for a system of penalties for those who contravene OHS legal provisions including:
1. Administrative Penalties. The Act provides for the issue of an administrative penalty which shall not exceed €20,000.oo for each breach of an administrative nature. A non-exhaustive list of offences for which the OHSA may intimate a person for the payment of an administrative fine was published in S.L. 646.26.
2. Prosecution through Court. Upon conviction, the Court may hand down an imprisonment sentence for a period of not more than 2 years or to a fine (multa) of not less than €1,000.00 but not exceeding €50,000 or to both such fine and imprisonment. The Court may also, at the request of the prosecution, cancel or suspend all or any permits issued in terms of or in relation to this Act including by regulations or administrative instruments, or all or any licences or warrants issued to or in the name of the person found guilty in connection with the workplace where the offence was committed.
3. Application of Special Compromise Procedure. The Act also provides that at OHSA's discretion, and without prejudice to any other law providing for the trial and punishment of offences, where OHSA believes that an offence has been committed against the Act, which does not involve a fatality or when the breach is not administrative in nature, OHSA may give notice in writing to such person for payment of a compromise fine, in lieu of Court proceedings. Where the person in respect of whom a notice is given does not accept or, in the case of a remediable offence, having accepted such responsibility, fails to remedy the offence within the specified period, even if he has paid the compromise fine, criminal proceedings may be taken against him in accordance with the provisions of law applicable to the offence.
Duties of an employer
Employers have a general duty to ensure the health and safety at all times of all persons who may be affected by the work being carried out for such employers. The measures that need to be taken to prevent physical and psychological ill-health, injury or death at work, must be taken on the basis of the 'general principles of prevention' which are considered to be the foundation upon which health and safety at work can be successfully managed. These principles are based on a hierarchy of controls set out in descending order of preference. A guide on the general obligations of employers has also ready been prepared by OHSA and may be accessed free of charge from here
To summarize a few obligations, an employer shall:
(a) make such appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures, taking into consideration the nature of the activities (particularly the degree of risks present) and the size of the undertaking,
(b) ensure that an OHS Policy has been drawn up by the top management, with the involvement of the workers,
(c) designate one or more persons having the necessary aptitude, capabilities, competence and training to assist that employer in undertaking the measures which are required to be taken in relation to the protection of OHS and the prevention and control of occupational risks,
If for whatever reason, an in-house competent person cannot be designated, e.g. due to lack of competent personnel in the undertaking, the employer shall enlist competent external services or persons having the necessary aptitudes and the necessary personal and professional means.
(d) carry out, or ensure that is carried out, a suitable, sufficient and systematic assessment of all the OHS hazards which may be present at the place of work and the resultant risks involved concerning all aspects of the work activity.
Where five or more workers are employed, an employer shall keep written or retrievable electronic copies of such assessments and shall ensure that they are updated regularly. Other regulations may require employers to be in possession of risk assessments irrespective of the number of workers involved (e.g. in the case of use of chemical agents at work or exposure to noise at work etc). Following this risk assessment, the employer shall ensure that the hazards and risks identified and assessed are adequately controlled as required by law.
(e) ensure that workers have appointed their Health and Safety Representative, who shall be consulted on matters that effect workers' health and safety. Where the workers fail for whatever reason to appoint a Health and Safety Representative, the employer shall appoint a person or more to act as the workers' health and safety representative.
(f) provide workers with suitable information, instruction, training and supervision to ensure OHS.
(g) Maintain a safe system and a safe place of work as required in the various OHS regulations e.g. by introducing and managing suitable emergency prevention, preparedness and response arrangements, making available and maintain safe work equipment, providing adequate personal protective equipment, installing suitable OHS signage, properly managing of risks from chemical, biological and / or physical agents at work, introducing and maintaining adequate welfare provisions at work etc.
Thus, employers are reminded of their onerous legal obligations to manage OHS as required by law when dealing with their day-to-day operations. The OHS competent person designated by that employer must be involved in the identification of the control measures that need to be taken at a very early stage during the setting up of that business.
To assist employers, a list of third party OHS practitioners is maintained by OHSA and can be accessed from its website
Do I need any permits / licenses from or submit notifications to OHSA?
No permits or licenses are required from OHSA to operate one's business.
However, in the case of certain high-risk activities, a notification is required to be sent to OHSA as stipulated by law:
(a) For COMAH (Control of Major Accident Hazards) sites, operators of such establishments shall send a notification to the Competent Authority for COMAH, prior to setting up operation.
Kindly refer to S.L. 646.12 for the legal requirements for COMAH operators.
(b) For construction works the client for whom the works are being carried out shall appoint a Project Supervisor as per L.N. 52 of 2025 (S.L. 646.27). The Client submit a notification to the OHSA at least 4 weeks before work starts where the work is scheduled to last longer than 30 working days, and on which more than 20 workers are occupied simultaneously, or on which the volume of work is scheduled to exceed five hundred (500) person-days.
Once any work activity on the project commences, a copy of the prior notice in such form as prescribed by the Authority shall be clearly displayed on the construction site by the Client and, if necessary, periodically updated by the project supervisor for health and safety matters
Where the project, as applicable under L.N. 52 of 2025, does not meet the threshold of such prior notice, the Client shall notify the OHSA with the appointment of the Project Supervisor prior to commencing or continuing work, as may be applicable. The client shall also notify the OHSA in the case of the demise or the termination of appointment of the Project Supervisor within fifteen (15) days from the demise or termination of appointment of the Project Supervisor.
Kindly refer to S.L. 646.27 for the relevant legal requirements.
(c) Works involving high risks to workers from exposure to asbestos/asbestos containing material shall be notified by the responsible employer to OHSA.
Kindly refer to S.L. 646.15 for the relevant legal requirements.
(d) Employers using a biological agent falling under the scope of S.L, 646.17,
An employer has to notify OHSA 30 days prior to the commencement of work involving the use for the first time of;
- a group 2 biological agent,
- a group 3 biological agent,
- a group 4 biological agent,
or for the first time of each subsequent group 4 biological agent and any subsequent new group 3 biological agent where the employer himself classifies that biological agent.
Kindly refer to S.L. 646.17 for the relevant legal requirements.
The official forms used to submit notifications to OHSA may be accessed from here
What do I need to do if there is an occupational accident at my place of work?
An employer shall notify OHSA regarding accidents which result in the death of, or a major injury to any person, or the serious injury of an employee at work as required by S.L. 646.03.
Where the notifiable accident results in the death or a major injury to a person, the employer shall - (i) notify forthwith OHSA by the quickest practicable means; and (ii) within 7 days from the date of the accident send a written notice of the accident to OHSA.
An employer can submit the required information to OHSA using the online form
Where can I get more information about OHS?
For additional information about general OHS issues, an employer may contact OHSA by phone, standard mail or by sending an email to: [email protected]
It is also suggested to make use of the information on OHSA's website.
It is highly advisable that specific matters related to one's place of work are directed to the designated competent person who will advise the employer on the best approach in the circumstances.
How to contact OHSA
Occupational Health & Safety Authority
17, Triq Edgar Ferro, Pieta, PTA 1533, Malta
Gozo Innovation Hub
GGX207, Triq il-Pitkalija, Xewkija XWK 3000, Gozo
Monday to Friday:
- Winter (1st Oct – 15th June): 08:00 – 15:30
- Summer (16th June – 30th Sept): 08:00 – 13:00
Weekends, & Public Holidays: Closed
Website: www.ohsa.mt
Email: [email protected]
Telephone: +356 138 (service offered 24/7 Monday to Sunday)
Through Social Media:
Facebook: https://www.facebook.com/ohsa.mt
Instagram: https://www.instagram.com/ohsa.mt
However, it is highly advisable that specific matters related to one's place of work are directed to the designated competent person who will advise the employer on the best approach in the circumstances.
Disclaimer
The contents of these guidelines are intended for information and general guidance only. The duties outlined in these guidelines are not exhaustive and do not constitute legal advice. The guidelines are not a substitute for legal or other professional advice.
