EmploymentHealth and SafetyMaltaRevision of Workplace Health and Safety Law

July 30, 2024

Recently, a new workplace health and safety legislation has been approved with the purpose of enhancing safety standards at the workplace.

This comprehensive legal framework is designed to prevent workplace accidents and revamp the Occupational Health and Safety Authority, ensuring a safer and more supportive work environment for employees across all borders. For this reason, a company developing a site must take note of the following changes brought on by this legislation, having the following salient features:

Revamped Occupational Health and Safety Authority

The new legislation introduces higher standards for workplace safety and empowers the Occupational Health and Safety Authority (“the Authority”) to propose legislative amendments as needed. Governed by a Board of Governors, the Authority will oversee the implementation and adherence to these elevated safety standards.

For this reason, it is encouraged to ensure all workplace practices meet the new stringent safety criteria and keep up to date with any legislative amendments proposed by the Authority.

Increased Penalties for Safety Violations

A significant aspect of the new bill is the increase in penalties for safety violations. The maximum penalty for criminal law breaches has been raised to €50,000, with the possibility of up to two years’ imprisonment. Administrative fines have also been increased, now reaching up to €20,000. A special tribunal has been established where businesses can appeal these fines.

In light of this, it is recommended to update the existing safety measures to ensure compliance with the new regulations.

Introduction of Health and Safety Responsible Officers (HSROs)

In high-risk areas, the legislation mandates the appointment of Health and Safety Responsible Officers (HSROs). The specifics of this role will be defined by the relevant authority, but businesses in high-risk sectors, such as construction, need to ensure such a role has been appointed.

Support and Reporting Mechanisms

To further support workplace safety, a 24-hour helpline has been introduced for reporting illegalities. Additionally, the legislation includes provisions to safeguard the psychological well-being of workers. Employers are to ensure that employees are aware of this benefit and encourage its use.

This new legislation represents a major transformation in Malta’s approach to workplace health and safety, focusing on stricter enforcement and extensive support systems to safeguard workers. Corporations, especially those in the midst of developing new sites, are urged to thoroughly review the new regulations and make the necessary adjustments to ensure full compliance.

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Designed and developed by Blonde and Giant