Ensuring a safe and healthy workplace is a fundamental aspect of operating in Malta. The country places significant importance on occupational health and safety, with a robust legal framework designed to protect employees across all sectors. Employers operating within Malta must adhere to specific regulations and standards to prevent accidents, injuries, and work-related illnesses, fostering a productive and secure environment for their workforce.
Compliance with Maltese health and safety legislation is not merely a legal obligation but also a critical component of responsible business practice. Understanding the specific requirements, from conducting thorough risk assessments to implementing effective training programs and establishing clear accident reporting procedures, is essential for any company employing staff in Malta.
Health and Safety Laws and Regulatory Framework
The primary legislation governing occupational health and safety in Malta is the Occupational Health and Safety Authority Act (Cap. 424 of the Laws of Malta). This Act establishes the Occupational Health and Safety Authority (OHSA) as the main regulatory body responsible for enforcing health and safety standards across all workplaces. The Act is supplemented by numerous Legal Notices and Regulations that transpose European Union directives into Maltese law, covering specific hazards, industries, and aspects of workplace safety.
Key regulations include those concerning:
- Minimum requirements for health and safety at the workplace.
- Protection of workers from risks related to exposure to chemical, physical, and biological agents.
- Use of personal protective equipment (PPE).
- Manual handling of loads.
- Work equipment safety.
- Safety signs at the workplace.
- Workplace exposure limits for chemical substances.
The OHSA is empowered to inspect workplaces, investigate accidents, issue enforcement notices, and prosecute non-compliant employers.
Occupational Health and Safety Standards and Practices
Employers in Malta are required to implement proactive measures to identify, assess, and control workplace risks. This involves several key practices:
Risk Assessment
A fundamental requirement is the systematic assessment of risks to the health and safety of employees and others who may be affected by work activities. This process involves:
- Identifying hazards (anything that can cause harm).
- Evaluating the risks arising from those hazards (likelihood and severity of harm).
- Determining appropriate control measures to eliminate or reduce risks to an acceptable level.
- Recording the significant findings of the assessment.
- Reviewing and updating the assessment regularly, especially after changes in the workplace or work processes, or after an accident.
Safety Committees
For workplaces employing 20 or more persons, employers are generally required to establish a Safety Committee. This committee serves as a consultative body comprising employer and employee representatives. Its functions typically include:
- Discussing health and safety matters.
- Assisting in the development and review of safety policies and procedures.
- Investigating accidents and incidents.
- Promoting health and safety awareness among employees.
Training Requirements
Employers must provide adequate health and safety training to their employees. This training should be:
- Provided upon recruitment.
- Repeated periodically or when necessary (e.g., introduction of new equipment, technology, or work processes).
- Adapted to take account of new or changed risks.
- Provided during working hours and at no cost to the employees.
Training should cover general workplace safety principles, specific risks related to the employee's job, the use of safety equipment, and emergency procedures.
Documentation Obligations
Employers must maintain various records related to health and safety, including:
- Risk assessments.
- Accident and incident reports.
- Records of health surveillance (where required).
- Training records.
- Records of equipment maintenance and inspections.
Workplace Inspection Processes and Requirements
The OHSA conducts inspections to ensure compliance with health and safety legislation. Inspections can be routine, prompted by complaints, or follow an accident. During an inspection, an OHSA inspector may:
- Enter any workplace at any reasonable time.
- Examine any process, plant, or equipment.
- Require the production of relevant documents (risk assessments, training records, etc.).
- Interview employers, employees, or other relevant persons.
- Take samples or photographs.
If non-compliance is found, the inspector may issue improvement notices (requiring action within a specified timeframe) or prohibition notices (stopping an activity immediately if it poses an imminent risk of serious injury). Failure to comply with notices can lead to prosecution.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or dangerous occurrence, specific protocols must be followed:
Immediate Actions
- Provide first aid and medical assistance to the injured person(s).
- Secure the accident scene to prevent further injury and preserve evidence.
- Investigate the cause of the accident to prevent recurrence.
Reporting Obligations
Employers are legally required to report certain types of accidents and dangerous occurrences to the OHSA. The reporting threshold and method are specified in relevant regulations. Generally, accidents resulting in serious injury or death must be reported immediately or within a very short timeframe. Less severe injuries that result in an employee being absent from work for a specified number of days (e.g., more than three consecutive days, excluding the day of the accident) also require reporting, typically within a set period after the absence threshold is met.
Reporting is usually done through a prescribed form submitted to the OHSA. Failure to report reportable incidents is a breach of legal duty.
Employer and Employee Responsibilities for Workplace Safety
Workplace safety is a shared responsibility, with distinct duties for both employers and employees.
Employer Responsibilities
Employers have the primary duty of care for the health and safety of their employees and others affected by their work. Key responsibilities include:
- Providing a safe working environment, safe systems of work, and safe plant and equipment.
- Conducting risk assessments and implementing control measures.
- Providing necessary information, instruction, training, and supervision.
- Providing appropriate personal protective equipment (PPE) free of charge.
- Consulting with employees or their representatives on health and safety matters.
- Establishing emergency procedures.
- Reporting accidents and dangerous occurrences as required by law.
- Ensuring adequate welfare facilities are available.
Employee Responsibilities
Employees also have duties to contribute to their own safety and the safety of others. These include:
- Taking reasonable care for their own health and safety and that of others who may be affected by their acts or omissions.
- Cooperating with the employer on health and safety matters.
- Using work equipment, substances, and PPE correctly and in accordance with training and instructions.
- Reporting any work situation that they believe presents a serious and immediate danger.
- Reporting any shortcomings in the employer's health and safety arrangements.
- Not intentionally or recklessly interfering with or misusing anything provided for health and safety purposes.
