30 November, 2024
In August 2024, the new Health and Safety at Work Act (Act XXXIII of 2024, referred to as the ‘Act’) was introduced with the aim of strengthening the legal framework governing workplace health and safety. Its primary objectives include the promotion and safeguarding of workers’ well-being while addressing ancillary matters.
Upon its publication, the Act established that the Minister responsible for health and safety could determine, via notice in the Government Gazette, the date for repealing the previous Occupational Health and Safety Authority Act (Chapter 424 of the Laws of Malta). This repeal took effect on 26 November 2024, as stipulated by Legal Notice 321 of 2024. Consequently, health and safety at work are now regulated under the new Chapter 646 of the Laws of Malta. Subsidiary legislation previously enacted under Chapter 424, such as those addressing maternity protection, workplace first aid, and the safety of young persons, has been transferred and renumbered under Chapter 646.
Key Innovations Introduced by the Act
Mandatory Health and Safety Policies
Employers are now required to implement a comprehensive health and safety policy. This policy must detail general measures for ensuring workplace safety, and employers must review it periodically to address changing circumstances. Employers are also obliged to share this policy, and any updates, with workers and their representatives. Furthermore, they must inform contractors, self-employed individuals, and external workers about workplace hazards, risks, and the required preventive and protective measures. Compliance with these policies must be maintained at all times.
Health and Safety Reporting Officer (HSRO)
The Act introduces the role of a Health and Safety Reporting Officer (HSRO) in certain industries. Employers in these sectors will be legally obliged to appoint an HSRO, as stipulated by forthcoming regulations. The Occupational Health and Safety Authority (OHSA) may also require an employer to appoint an HSRO if serious and persistent breaches of health and safety regulations are identified.
Establishment of the Health and Safety Tribunal
The Act establishes a Health and Safety Tribunal tasked with addressing administrative offences related to workplace health and safety. This tribunal provides a formal mechanism to resolve disputes and ensure compliance with the law.
Updated Offences and Penalties
Under the Health and Safety at Work (Procedures in relation to the Issuance of Administrative Penalties) Regulations (Legal Notice 322 of 2024), the legislator introduced a detailed list of breaches that may attract administrative penalties. Offences range in severity, with corresponding maximum penalties. Notices for administrative penalties will be served electronically where possible, and alternative methods, such as registered mail, will be used when necessary.
The Act introduces a Special Compromise Procedure, allowing for an expedited resolution process for certain offences. Additionally, a two-year limit has been set for imposing penalties following the conclusion of an investigation.
Burden of Proof
If an administrative penalty is imposed, the burden of proof lies with the penalised party. They must demonstrate either that it was not practicable to take additional measures to meet the requirements or that no better practicable means were available to satisfy the duty or requirement.
Anticipated Regulations
While the Act came into effect on 26 November 2024, further regulations are expected, particularly regarding the industries where appointing an HSRO will be mandatory.
Conclusion
The Health and Safety at Work Act represents a significant evolution in Malta’s workplace safety legislation, bringing in updated duties for employers and employees alike. It reinforces accountability, introduces new roles and mechanisms, and sets clear penalties for non-compliance, ultimately prioritising worker health and safety.