Occupational health and safety (OHS) is a matter of public interest and all reasonable efforts must be taken to ensure that no one is injured, falls ill or dies while at work. The main legal responsibility to manage OHS at the place of work rest with employers who have a duty to take all necessary measures for the safeguard of OHS.
To assist employers to meet this challenge, the Occupational Health and Safety Authority (OHSA) has prepared this guidance on the main OHS legal obligations when running a business.
The applicable occupational health and safety legislation in Malta
OHS in Malta is regulated by the Occupational Health and Safety Authority Act (Chapter 424 of the Laws of Malta) and through a number of subsidiary legislation. 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 in the 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.
Enforcement of OHS legislation in Malta
The OHSA 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 OHS Officers and grants them such powers as would enable them to perform their prescribed responsibilities. E.g. an OHS Officer is empowered to enter freely and without previous notice in any work place at any time of day or night to conduct inspections, issue orders including orders to stop works, to ensure that OHS 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:
- 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 €456.87 but not exceeding €11,646.87 or to both such fine and imprisonment. The Court may also, at the request of the prosecution, cancel all or any licences, warrants or permits issued to or in the name of the person found guilty in connection with the work place where the offence was committed.
- Application of an administrative fine. The law also provides for the issue of an administrative fine for breaches of OHS measures, in lieu of prosecution. A list of offences for which the Authority may intimate a person for the payment of an administrative fine was published in S.L. 424.33.
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 occupational ill-health, injury or death, must be taken on the basis of the 'general principles of prevention' which are considered to be the foundation upon which OHS 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 OHS 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.
(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. 424.19 for the legal requirements for COMAH operators.
(b) For construction works having a certain volume or duration, the client for whom the works are being carried out shall appoint a Project Supervisor, who in turn shall submit a notification to OHSA at least 4 weeks before work starts.
Kindly refer to S.L. 424.36 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. 424.23 for the relevant legal requirements.
(d) Employers using a biological agent falling under the scope of S.L. 424.25, shall notify OHSA 30 days prior to the commencement of the use of such agents and on each subsequent group 4 biological agent and any subsequent new group 3 biological agent use.
Kindly refer to S.L. 424.25 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. 424.09.
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, standards mail or by sending an email to: [email protected]
It is also suggested to make use of the information on OHSA's website.
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.
