New Health and Safety at Work bill heftily increases fines, more than doubles OHSA officials

By: independent.com.mt

Jul 08 2024
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New Health and Safety at Work

The second reading of the new Health and Safety at Work bill commenced on Monday, where government is proposing hefty increases to administrative and criminal fines for those who are found to be abusing in the workplace, with the bill also including an increase to the number of enforcement officials within the Occupational Health and Safety Authority (OHSA).

Addressing Parliament in the first debate, Prime Minister Robert Abela presented the bill which seeks to comprehensively reform the OHSA, which underwent little change since being established in the 1990s.

Abela said that the proposed regulatory framework is "revolutionary," and, where possible, aims to reduce the risk for accidents, clarify everyone's responsibilities, and regulate the upkeep of a safe system of work.

The Prime Minister began his speech by listing serious and fatal accidents that have occurred in the country, thus highlighting the need to reduce these types of accidents as much as possible.

"This framework, this new law we are implementing here, is all directed at minimizing foreseeable risks, regardless of the commercial activity taking place," Abela said.

He stressed the importance of quality and standards, which, through this law, will continue to rise. He explained how this will bring certain sacrifices, but ultimately the goal remains the workers' health and safety.

Abela explained how the challenge of more workplace accidents also came in the context of an economy that grew, with more job positions continuing to expand and offering new opportunities.

The bill, which incorporates the positives aspects of the previous law, significantly strengthens its shortcomings, and also adjusts to today's realities," he said.

He explained that the OHSA will be given more power to maintain the highest standards and good governance through a restructuring process of the authority.

A Board of Governance within the authority will also be created to ensure the authority's work, and maintain standards, as well as recommend changes to the Minister responsible, from time to time.

The bill also provides more effective enforcement through the strengthening of human resources, where Abela spoke of collective agreements signed for officials, with the current number of OHSA officials to increase from 30 currently, to 70 officials by the end of the year, to reach to 80 officials by end of 2025.

A Memorandum of Understanding was also signed with the University of Malta, as well as collaboration with MCAST.

He also explained how a Tribunal will be created with jurisdiction in this area with the aim of having a fair and just system, even for the receiver of the fine. Abela said that lacunas will also be addressed in the old law, which allowed for loopholes. The new law clearly determines all parties' obligations, he said.

Abela also explained how fines and penalties related to rule violations will be strengthened.

The first offense will carry a minimum fine of €1,500, and a maximum of €50,000. In serious cases, there is also a maximum of two years imprisonment.

If one reoffends a second time, the minimum fine will then increase, and the prison sentence of a maximum of two years will increase to a minimum of one year to a maximum of four years, Abela said.

Regarding administrative fines, Abela explained how the fines previously incentivized abuse, being less than €500, rather than serving as a deterrent, and these will increase to up to €20,000.

He said that objective criteria will be added to eliminate arbitrary elements, and there will be different parameters for different shortcomings, with how to proceed for all cases.

Abela also said that the bill includes the expansion in the jurisdiction of the Commissioner responsible for the Environment and Planning, to also include the construction sector, as it is the sector with the highest risk.

The bill also includes the 24/7 helpline, which will commence in the coming days and weeks, as well as free-of-charge assistance by lawyers and architects to citizens on matters related to health and safety.

Abela said that training for workers is also currently ongoing. He mentioned the licensing of contractors, as well as the new Directorate, all reforms which show a style of work which gives direction to all operating sectors.

The bill also introduces the Health and Safety Responsible Officer (HSRO) which is a figure which is different, and additional, to the health and safety officer, as the person will take on a managerial role, and operate with certain sectors with higher risks.

This matter requires five players, Abela said, with the first being the politician who ensures there are the necessary structures in the country for health and safety at the workplace, and then the authorities who need to enforce for workers' health.

Employers must then ensure that they are operating within the terms and parameters of the law, and the workers have their responsibilities to adhere to regulations. Abela said that those who commission work must not cut corners, as there are no compromises with the workers' health, and life. He appealed for a change in culture from all parties to move forward.

"We made a clear promise to reach this point, and that is what we are doing. This is a reform among a series - it certainly will not be the last, but it is a very important reform to show that our hearts beat with the worker," Abela said.

The bill is weak and fails to protect employees at work - PN

PN MP Stanley Zammit said that the bill has a number of compromises which will not help for a change in culture, and the bill fails to clarify responsibilities, nor did it change anything on important roles, such as the role of the Project Supervisor.

He said that government wasted eight months before launching a public inquiry which analysed the conditions which led to the death of 20-year-old Jean Paul Sofia in Kordin in December 2022.

"The country is crying for a total change in the culture of health and safety. The bill is half-cooked, and government wants to pass it hurriedly," Zammit said, adding that the bill Parliament is now discussing has flaws and defects, whilst there are stagnated legal notices.

"The draft is weak in treating health and safety in the workplace proactively and fails to protect employees at work," he said.

Zammit continued that employees should have the facility to report the dangers they may face daily in their workplace.

"The public inquiry into Jean Paul Sofia's tragedy specifies that incomplete measures should not be taken. The government is trying to create roles that will be abused, like the site technical officer," he said.

He spoke about the responsibilities of contractors and the work of the HSRO and said that the OHSA should be the heart and primary motivator of this public interest system.

He discussed the composition of the OHSA Board and said that the entities involved should be represented on the board, such as the union and the association.

The Chairperson of the OHSA Board should appear before the Parliamentary Committee for Public Appointments to ensure that the board guarantees that the executive performs its duties, and that the board is not hindered by political interference.

"The PN accepts no tolerance in health and safety in the workplace," Zammit said, adding that the draft lacks classification on which fines and penalties should be applied according to risks and severity.

He described the law as a "knee-jerk reaction," and said that the annual report on progress on the issue must be discussed in Parliament, as it is in the public's interests.

Zammit also said that the law fails to clarify if small fines, based on their gravity, would end up on the police conduct of an individual, as well as being dry of incentives and reinforcement of positive, consistent and expected behaviour through rewards and success stories.