The New Health and Safety Work Act
Legal Notice 321 of 2024 (the “Legal Notice”) has introduced a new legislative framework in Malta, marking a significant shift in workplace health and safety standards with the Health and Safety at Work Act, Chapter 646 of the Laws of Malta (“the Act”). This legislation replaces the Occupational Health and Safety Authority Act (the “OHSA”), which governed health and safety practices for nearly 25 years.
Broader Coverage for Worker Protection
The new Act is designed to safeguard all workers, including those in the private and public sectors, as well as self-employed individuals. By adopting the term “worker” instead of “employee,” the law’s provisions now extend to a wider range of individuals such as trainees, apprentices, volunteers, and contractors.
Emphasising Both Physical and Mental Wellbeing
A key aspect of the Act is its comprehensive focus on health and safety, which now encompasses mental health alongside physical safety. Employers are required to identify risks, minimise hazards, and implement measures to protect workers’ overall wellbeing. This approach highlights the importance of a safe and supportive workplace environment.
Employers must also prepare a detailed health and safety policy, which includes strategies for mitigating risks. This document should be shared with contractors, self-employed individuals, and other external workers to ensure that everyone understands potential risks and preventive measures.
Representation and Collaboration
The Act mandates the appointment of a workers’ health and safety representative in workplaces with a certain number of employees. These representatives play a crucial role in consultations about health and safety matters.
Shared Responsibilities
Health and safety at work is a shared obligation. Workers must actively participate by adhering to safety protocols, following proper procedures, and reporting potential risks or hazards. Employers, in turn, are responsible for providing the necessary training and resources to facilitate compliance.
Introducing the Health and Safety Reporting Officer (HSRO)
Under the new framework, employers may need to appoint a Health and Safety Reporting Officer (HSRO), who will oversee daily compliance with workplace safety standards. The HSRO’s responsibilities include investigating reports, preparing documentation on breaches, and liaising with the Occupational Health and Safety Authority (the “Authority”).
Employers must support the HSRO by granting access to all necessary information and resources. Failure to appoint an HSRO, when required, could result in fines of up to €50,000.
Stricter Penalties for Violations
The Act introduces tougher penalties for breaches. Administrative fines of up to €20,000 can be imposed for non-compliance, while more serious violations may result in fines of up to €50,000, imprisonment, or both. Repeat offenders face even harsher consequences, including higher fines and longer imprisonment terms. Additionally, courts may revoke or suspend permits, licences, or other authorisations related to the workplace.
Updates to Regulations
The Act also brings changes to existing laws and regulations. Various legal provisions have been updated to align with the new framework, ensuring a cohesive approach to workplace health and safety.
How AE Legal can Help
Navigating these legislative changes can be complex. AE Legal is here to assist employers in understanding their obligations and implementing effective health and safety measures. Our team provides tailored advice to help you ensure compliance and foster a safe working environment.
