Workplace health and safety Bill approved unanimously
The PN called on government to refrain from dragging its feet on the matter, as it called for further revisions of existing regulations related to the construction industry • Malta Chamber questions vague application of proposed Health and Safety Responsible Officer role
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Parliament has unanimously approved a new workplace health and safety Bill on Monday.
Among the changes, the Occupational Health and Safety Authority will be completely revamped, and will have the responsibility to propose legislative amendments to reflect new realities. The OHSA will be led by a Board of Governors.
The government is set to impose much harsher penalties for workplace safety violations to ensure effective deterrence, as in some instances, fines had remained unchanged for 25 years, rendering them ineffective.
Under the new regulations, the maximum penalty for the first breach of criminal law will increase to €50,000 and up to two years' imprisonment, with additional penalties for repeat offenders. Administrative fines will also see a significant rise, with a new maximum of €20,000.
PN voted in favour of Bill, but insists it is rushed
On Monday, the Nationalist Party stated that it will vote in favour of a Bill intended to create a new legal framework to prevent workplace accidents.
The PN said that despite its vote in favour of the Bill, much more needs to be done to prevent workplace accidents, adding that the Bill itself means nothing if the relevant authorities don’t have the necessary resources to enforce the law.
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The opposition stated that it gave its contribution when the Bill was discussed in the Consideration of Bills Committee, noting that its contribution improved upon the “rushed” Bill presented by government.
“This does not make this law complete,” the PN said, claiming that the Bill was presented shortly before Parliament is adjourned so that government gives the impression that it implemented some of the Jean Paul Sofia inquiry recommendations.
The PN called on government to refrain from dragging its feet on the matter, as it called for further revisions of existing regulations related to the construction industry.
The statement was signed by PN MPs, Stanley Zammit and Ivan Castillo.
Malta Chamber questions vague application of proposed Health and Safety Responsible Officer role
Meanwhile, the Malta Chamber also issued a statement where it explained some of the points it raised within the Consideration of Bills Committee, as it called for clarity regarding the provisions for the appointment of Health and Safety Responsible Officers (HSROs).
The Chamber emphasised that the HSRO role should not be a blanket requirement based only on the nature of the business and its size as was originally proposed, “but should be dependent on the risk inherent in the nature of the work and how it is being executed.”
They noted that originally, the Bill hinted at large businesses and certain industries, but no definition of “large” was provided. “The victims of tragic occupational accidents that we have seen in recent years were, in most cases, working with small companies or in high-risk unregulated environments.”
Additionally, the Chamber called for the HSRO role to be imposed on repeat abusers. “The Bill as originally drafted would have shifted the burden of policing on the HSRO across the board, which would have been unfair on operators who fully comply with existing health and safety obligations and adopt a proactive approach to risk management.”
The Chamber also questioned how the HSRO role is to be integrated with Health and Safety officers.
The Chamber concluded by appealing to government to “embark on proactive enforcement” through the necessary digitalisation and coordination between different government entities.
PL blasts "contradictory and populist" opposition
Later on Monday, the Labour Party stated that the PN did not put forward any concrete proposals regarding the Bill, claiming that the opposition only called the Bill "rushed."
The PL said that the Bill came after a long consultation period which started in 2023, where various stakeholders participated. The governing party further called out the PN for claiming the Bill was rushed, despite the same PN calling for all proposals by the Jean Paul Sofia public inquiry board to be implemented in six months.
The PL said that the government already implemented a number of regulations related to workplace safety, while assuring that the authorities are being given the necessary resources to fulfil their duties.