OHSA Malta - Making a Difference 2022

YEARS OF OCCUPATIONAL HEALTH & SAFETY AUTHORITY ohsa.mt

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Message from the Minister

OHSA’s 20th Anniversary

Minister for Public Works and Planning

The 20th anniversary of the OHSA is not just an opportunity to celebrate the work carried out by the Authority. Since its inception, it has been the springboard for open discussion with all involved as to how we must strengthen a culture in favour of more health and safety at the place of work.

Malta’s employment rate is historically high. Despite the upheavals brought about by a global pandemic, and war in Europe, Malta’s economy grew at a steady rate. Sound economic decisions, and policies implemented by the Government of Malta and the resilience of the Maltese workforce are the main

ingredients for this success. We have a lot to be proud of.

Whilst a high employment rate, and economic growth, are crucial for Malta’s wellbeing, so are the employment conditions of our workforce. The appropriate health and safety practices help to create the right working environment which cultivates economic success. Safety is everyone’s responsibility.

As the Minister responsible for the Occupational Health and Safety Authority, I made it amply clear from the very first days that the Authority must become more visible and proactive in its messages. The

Authority is already more visible and present. I am aware of the effort, and dedication, by the OHSA and its officials to strengthen the Authority’s operations. For this, I am grateful.

Whist most workplace incidents, and fatalities, occur in the construction sector, the focus, on health and safety at the workplace, should not only be on the construction sector, but also on all other sectors.

Training, to ensure that workers, in all sectors, are aware of the risks, and dangers, in their respective fields, is of paramount importance. It must be a top-down, and a

bottom-up approach. Each employee must be responsible for his and her own safety and the safety of his and her colleagues. People’s lives matter.

The Occupational Health and Safety Authority shall continue to be a catalyst in Government’s mission to ensure improvement of health and safety practices at the workplace. Whilst safety devices, directives and enforcement are of critical importance to maintain health and safety practices, education saves lives. The OHSA is at the forefront in educating our workforce and in saving peoples’ lives.

I am grateful to each OHSA employee, past and present, for their hard work, and commitment, in safeguarding the health, safety and wellbeing of our employees. I am mindful of the sacrifices borne by all. Theirs is a challenging task. As Minister responsible, OHSA, and its brave men and women, have

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The Occupational Health and Safety Authority shall continue to be a catalyst in Government’s mission to ensure improvement of health and safety practices at the workplace.

Message from the European Commission

Together for ‘Vision Zero’

Mr Stefan Olsson

Deputy Director-GeneralJobs, Skills and Social Policies European Commission, Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL)

Safety and health at work is one of the policy areas where the European Union has had a big impact on the daily life of people. The EU has very solid rules in this area, covering a maximum number of risks for workers, with a minimum number of regulations. These rules have greatly improved the working environments of workers across the EU.

When Malta joined the European Union in 2004, it transposed into national law all EU directives on occupational safety and health (OSH). Since then, Malta has made great strides to make the workplace healthier, safer and even save lives:

• Just in the past 10 years, the number of accidents at work decreased by nearly 45% (from 2751 in 2010 to 1549 in 2020).

• Together with social partners and NGOs, Malta prepared written guides on workers’ rights and obligations regarding safety and health at work. These guides were published in several foreign languages to address foreign workers in high-risk sectors.

• For the high-risk construction sector, the government joined forces with the Building Industry Consultative Council to strengthen the health and safety of construction workers.

These are results to be proud of. They are to a very large extent owed to the good work of the responsible Maltese entity, the Occupational Health and Safety Authority (OHSA) which today celebrates 20 years of progress in this field. Since its establishment, OHSA and the Commission have worked closely together. Malta has been a central actor in shaping the continuous development of health and safety at work laws and initiatives in the EU, in particular through its active memberships in the Advisory Committee on Safety and Health at Work (ACSH) and the Senior Labour Inspectors'

Committee (SLIC), as well as in the Management Board of the European Agency for Safety and Health at Work (EU-OSHA).

I therefore warmly congratulate OHSA for its 20th anniversary. 20 years may be “young”, but your experience has already left its mark on the European occupational safety and health landscape. The European Commission looks forward to future cooperation with Malta towards promoting vision zero: a Union with zero workplace deaths, accidents and diseases where no one will be harmed at work.

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20 years may be “young”, but your experience has already left its mark on the European occupational safety and health landscape.

Message from the Chairperson

Perit David Xuereb Chairperson, Occupational Health and Safety Authority

Amongst the plethora of emerging priorities for an economy that thrives, matters related to impactful occupational health and safety is actually smart business.

Occupational health and safety represents a common non-negotiable value and constitutes the essential basis for healthy, fair and inclusive economic development. Over the years, this value developed into a multi-dimensional approach, taking into consideration health, physical and psychological well-being, as well as legal, social, cultural, and economic rights, responsibilities and obligations.

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Indeed, the Occupational Health and Safety Authority operates in an environment that is neither homogeneous in its social components nor constant in its technical and economic characteristics. The various developments in the socio-economic context of individual countries, and the European continent, as well as globalisation, call for a broader reflection on the changing role of entities such as the OHSA and the wide array of complex challenges they face nowadays.

It is also a multi-disciplinary theme, involving institutions, social partners, businesses, NGOs and associations.

I must admit that since taking on my position as Chairperson, I have been captivated and impressed by what OHSA accomplishes annually in a professional manner, to ameliorate the appreciation and integration of occupational

health and safety in all workplaces in Malta and Gozo, irrespective of the type of work or economic sector.

Since its inception, OHSA has coped with changing working environments, multicultural workplaces and different forms of a shadow economy. Teleworking has also proven to be another accelerated development that necessitated updated considerations of health and safety at home and dealing with virtual employers and employees, not to mention the realities of ongoing developments of a worldwide pandemic. All these disruptions created new and unfamiliar challenges, which added to OHSA’s committment to improve its productivity, increase its effectiveness and efficiency, and optimise its impact by developing new, or revising existing policies, strategies and intervention methods. OHSA rose to these challenges consistently.

There is in general, a widespread consensus amongst stakeholders with whom OHSA has fostered a positive relationship over the years, that maintaining high levels of OHS and preventing harm to workers is critical to a company's success and sustainability. Indeed, any cost-benefit analysis of OHS clearly shows that investing in occupational health and safety yields positive returns – at an individual, enterprise and national level.

The last 20 years have seen significant improvement in health and safety at work in Malta. Apart from new legislative frameworks particularly undertaken to transpose European directives and partnerships garnered with entities and stakeholders at the national and international levels, there has also been a substantial downward trend in both occupational accident and fatality rates during this period. I am positive that OHSA is given

ample credit for this positive paradigm shift.

Celebrating 20 years is a significant milestone in any corporate journey. A country with a high-performing OHS inspectorate system motivates positive ripple effects on the national social and economic context. I would like to thank the members of our corporate team for their hard work and dedication. Their commitment contributes to Malta’s successful and sustainable economy, even in the context of global developments and prioritisation of ESG values. I would also like to acknowledge and thank OHSA’s stakeholders – the many individuals, businesses, organisations and professionals who work in this sector that have contributed to these achievements during the past 20 years and wish to encourage them to continue to invest further in the interest of national health and safety standards in the workplace.

The Development of Occupational Health and Safety Standards in Malta

Nineteenth century Malta witnessed rapid industrialisation; however, legislative measures by which to protect occupational health and safety were only introduced much later.

In 1888, Professor Dr Nicola Zammit, published his “Pensieri di un retrogrado”, a collection of essays dealing with a number of social, ethical and philosophical issues affecting contemporary Maltese society. Dr Zammit also discussed the impact of technology on industrial developments. In this publication as well as in others (vide "Drenaggio", published in 1875), Dr Zammit mentioned the risks for workers working at heights or in underground tunnels, those exposed to direct and strong sunlight, and the employment of men in work for which they had not been adequately trained.

There has been a less publicized earlier mention, in 1781, to the occupational health

of workers in Malta when the Maltese Medical College and Health Office warned Grandmaster de Rohan-Polduc about the dangers of exhuming corpses buried in the church of St Dominic in Valletta which was about to be rebuilt. In its answer to the Government of the Order, the ‘Rapport sur plusieurs questions’, the Royal Society of Medicine of Paris agreed with the concerns of the Maltese Medical College, and talks about the protection of the health of workers employed in hazardous occupation, and lays down the safeguards required to avoid exposure to dangerous gases and to prevent suffocation from oxygen deprivation.

In Malta, the development and subsequent enactment of legislation, more or less followed the British example. The first law to be enacted was the Factories Regulation Act of 1926 which dealt primarily with the employment of children and women and the general

conditions of employment in factories. However, this Act was never brought into force, and it was repealed by the 1940 Factories Ordinance, which was very similar in scope to the English Factories Act of 1937. In the meantime, the Workmen's Compensation Act had been enacted in 1929, providing for compensation to workers who sustained an injury while at work.

The 1940 Ordinance was an enabling Act, empowering the Minister responsible for Labour to make, amend or revoke regulations concerning factories. In fact, throughout the years’ various sets of regulations

were published. Although political upheavals and World War II disrupted most legislative progress, this was resumed with the restoration of self-government in 1947.

Health, Safety & General Welfare Regulations to complement the Factories Ordinance were issued as Government Notice 458 of 1945. These were eventually followed by other regulations, including those relating to building and steam boiler safety and to night work for women, in 1951.

It is worth noting that the Factories Ordinance gave a discretionary power to the Minister responsible for Labour to set up an ‘Advisory Board’ whose function was to make recommendations to the Minister for the purpose of making regulations; the Board was to have representatives of the Government, the Chamber of Commerce and the Trade Unions. At one time, an ad hoc Committee having a similar organisation was set up to make recommendations to the Minister on the existing legislation. Following

suggestions made by this Committee, the Factories (Health, Safety and Welfare) Regulations of 1986 were issued under the Ordinance, repealing the 1945 legal notice. Although these new Regulations were a good step forward, they suffered as a result of defects inherent to the parent law itself, even though an attempt was made to give that enabling law as wide an interpretation as possible. The major defect of the Ordinance, even by application of the Regulations, was that a number of work places were excluded since they did not fall within the strict interpretations given to the terms ‘factory’ and ‘place of work’.

Another working committee was set up in 1988 by the then Minister of Social Policy, at the time responsible for Health, which included representatives of the Government, trade unions and employers. The report submitted by this committee also included proposals for the enactment of new legislation, but its major proposal was for the setting up of an independent Authority

responsible for occupational health and safety, which until then were still the separate functions of two Government Departments, namely the Departments of Health and of Labour. A second committee was set up to make recommendations for the actual implementation of the project, and towards this end, the committee was assisted by a purposely recruited World Health Organization advisor. Subsequently, it was decided by Cabinet that, rather than set up an Authority, a tripartite Commission should be set up, and the responsibility for applying the newly drafted legislation should devolve solely upon the Director of Labour.

Thus Act VII of 1994, entitled an Act for the Promotion of Occupational Health and Safety, came into being, and formally repealed the 1940 Factories Ordinance.

This Act was applicable to all workplaces, and covered not only workers, but also selfemployed persons who previously fell outside the scope of the Factories Ordinance.

were responsible for the health and safety of workers.

The Act also provided for the setting up of a Commission, on which served representatives of the three social partners. The main functions of this Commission were to formulate Codes of Practice, to propose to the Minister those regulations which should be in force, to take measures so that all possible information be given at workplaces and to the general public, and to promote scientific

empowered to set up a Judicial Committee to hear and decide upon appeals from decisions of Occupational Health and Safety Inspectors.

One of the first recommendations of the Commission concerned the amalgamation of the Health Division’s Occupational Health Unit with the Safety Unit within the Department of Labour – this led to the establishment in 1994 of an integrated Occupational Health and Safety Unit.

It is worth noting that all regulations made under the Factories Ordinance of 1940 remained in force, and to have effect as if made under Act VII, unless otherwise repealed. Under the same Act, several new regulations came into force, while others were amended.

In 1997, the Commission issued a Code of Practice for the Building and Construction Industry in Malta as a means of providing practical guidance on a technical, administrative and legal framework for health and safety in the construction industry.

The publication of a Code of Practice, rather than a set of regulations, was at variance with the practice which had been adopted until then. There is a major fundamental difference between a set of regulations and a Code of Practice, primarily because failure to comply with any provision of such a Code is not a contravention, as is the case whenever a provision of a regulation is not observed. A Health and Safety Inspector may however issue an Order in

terms of the same Act, which may be based on the contents of the Code -- in such a case, failure to comply with the Order becomes an offence.

In 1998, Malta reactivated its application to become a Member of the European Union. This necessitated the transposition of the whole European acquis, or legislative body, into Maltese legislation. Concurrently, the Minister for Social Policy published a Bill establishing an Occupational Health and Safety Authority. The House of Representatives started debating the Bill on the 9th of October and finalized its work on the 30th October.

The Occupational Health and Safety Authority Act, Chapter 424 of the Laws of Malta, was published on the 17th November 2000. Part III of the Act, concerning the Establishment, the Functions and the Conduct of the Authority was brought into force on the 3rd May 2001, while the Act was brought into force in its entirety on the 29th January 2002.

The Authority purchased the

premises from which it is currently operating in 2002. Work on the refurbishment of the building started soon after and the bulk of the work required to be done was finished by the end of 2004. Both the purchase, finishing works and purchase of furniture and equipment were possible through the utilization of EU funds.

The title of the Act is in reality a misnomer, for the legislative instrument goes far beyond the establishment of an Authority. More importantly, the Act entrenched important, far-reaching principles that were otherwise excluded in preceding occupational health and safety related legislation. The Act is an enabling legal instrument and contains a number of provisions found in the European Union's Framework Directive for OHS, namely with regards to the general duties of employers, the measures which need to be taken to prevent physical and psychological ill-health, injury or death, and the appointment of workers' health and safety representatives as a tool by

which to ensure the meaningful participation and involvement of workers in matters affecting their health and safety.

Although the duties of an employer remain more or less similar to those of Act VII, Act XXVII of 2000 contains one important difference. The general principle of the responsibility of an employer is neither to be affected by the workers' obligations, nor when competent external services or persons are enlisted.

The OHS Authority Act outlines the nature of the measures required to be taken, including the need to identify hazards, the need to avoid risk, the evaluation, reduction and control of those risks which cannot be avoided, the adaptation of work to the worker, adapting to technical progress and by the development of coherent overall prevention policies.

Once the Act was brought fully into force, a flurry of activity ensued, as more members of staff were recruited and trained. Over a short period of time, OHSA’s personnel were exposed

to the systems and procedures in place in the UK, the Republic of Ireland, Austria, and Germany. Separately, the UK gave Malta funds for training in the imlementation of the SEVESO Directive. This momentum persisted in the years to come, through the organisation of a number of Inspector Exchanges under the auspices of the Senior Labour Inspectors’ Committee. SLIC was also instrumental in organising a number of training campaigns, at which OHSA always participated. Funds were also made available by the European Agency for Safety and Health at Work, which not only served to make our personnel more knowledgeable, but a lot

of information was disseminated through our own Social Partners’ Network.

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While all this was going on, the legislative framework needed to be amended and expanded to include all EU Directives concerning occupational health and safety. Essentially, this was a monumental task facing OHSA very soon after it was established. Since Malta had not applied for any transitional periods with regards to OHS, the entire corpus of Directives needed to be transposed, and translated within a very short period of time.

and safety with the EU and its agencies and committees.

Whereas the workload increased, this also gave the opportunity for many at OHSA to interact with their peers and colleagues from all across the Union. Funds were also procured, allowing OHSA to fulfil its obligations as a national Labour Inspectorate – it acquired its premises through such funds, trained its employees, prepared multiple guidance documents and disseminated a lot of information, while helping to raise awareness.

Europe also means scrutiny - of the legislative framework, which needs to reflect the entire OHS part of the acquis, transposed in a timely manner, that the funds allocated have been used diligently and as agreed, and that the inspectorate functions and operates according to the Common Principles for Labour Inspectorates. Over these twenty years there have been multiple audits, since OHSA has been the recipient of many funds from the EU. In so far as legislation is concerned, not

only have the Directives been transposed well in time before the stipulated deadline, but no infringement procedures were ever found against Malta for a wrong transposition. As a Labour Inspectorate, OHSA has been evaluated by the Senior Labour Inspectors’ Committee (SLIC) on behalf of the Commission on two occasions, with another evaluation being carried out prior to accession, that is before OHSA had been established. While responsibility for the enforcement of EU law lies with Member States, SLIC plays a central role in promoting the correct and uniform, or at least equivalent, implementation and enforcement of EU OSH legislation. Hence Labour Inspectorates are expected to follow the so-called ‘Common Principles for Health and Safety Inspections’ and are encouraged to take a common approach in the implementation of legal requirements in the workplace and the adoption of comparable criteria in their enforcement policies and practices. It is heartening to note that not only did the evaluators declare that OHSA

acts according to these Common Principles, but they also identified several examples of good practice which they wanted to share with the other Labour Inspectorates.

At OHSA, achievements are given more importance than activities. In other words, whereas mundane activities need to have a purpose, the overall scope remains that of achieving something meaningful - of bringing about change for the better. That has been OHSA’s raison d'etre, and its guiding principle. In the last twenty years or so, there have been many achievements –more people have become aware of the benefits of ensuring adequate levels of occupational health and safety, more workers protected at work despite the huge increase in the working population, persistent downward trends in occupational injury and fatality rates, more information and guidance being made available for dutyholders, a more efficient OHSA, capable of reacting immediately when needed, a mature entity that has struck the right balance between the

innovation in approach and delivery. OHSA’s policies and procedures are not set in stone –there have been many instances when these were amended to reflect changes in the world of work or when it transpired that a particular direction was not leading to the necessary improvement in any given situation.

OHSA’s journey has not been

and motivation shown by its emloyees. It is heartening to note that despite all counter currents, OHSA has managed to deliver high quality work in a timely manner. In many cases, OHSA managed to exceed all expectations. Occupational health and safety is a subject that requires the involvement and participation of many stakeholders. Imagine what could be achieved if all provided

expected to do and asking instead what should each and every one be doing to improve the standards of OHS in Malta.

Together more can be achieved.

EU Funding Assistance to OHSA

Project Year Details, incl costs

1

Malta-UK/Eire Twinning Project

2002

Soon after it was es tablished, OHSA s ecured funding for a project entitled Support for effectiv e Im plementation of Occupational Health and Safety Law in Malta. The wider objectiv es of the project were to dev elop the infras tructure required to im plemen t effective OHS legislation, particularly through th e training of OHS Officers and to deepen the unders tanding am ong all the social partners to facilitate adequate implementation of the EU acquis

Support for Effective Implementation of Occupational Health & Safety Law in a Pre-accession Context

Total institution building: €370,000

Monitoring equipment: €125,000

IT equipment and software: €240,000

Malta funds ( allocated for training and the purchase of furniture for the new premises): €369,700

2 Malta-EU-Europe Action Plan (UK) 2002

Under the Malta-UK-Europe Action Plan, the UK Foreign and Com mon wealth Office co-sponsored a project aimed at deliv ering training for pers onnel from those Government entities having a role to play in the implem entation of the Con trol of Major Acciden t Hazard Regulations. Operators of ins tallations regulated by the same regulations als o participated in th e training programme, which was organized by four leading UK and Irish experts in the field and coordinated by OHSA

3 European Agency for Safety and Health at Work (various)

OHSA also tapped into the funds m ade av ailable by the European Agency for Safety and Health at Work to the national EU-OSHA Focal Poin ts, to organis e OHS campaigns and to diss em inate inform ation material This ass is tance als o cov ered the organisation of the annual European OHS week and OHS awards This remains an ongoing initiative

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Project Year Details, incl costs

During 2005, OHSA s ecured fundin g under the EU’s Transition Facility programme for enlargement with a project entitled Strengthening the adm inis trativ e capacity of the Institutional Building of OHSA, which was carried out with Austria

Transition FacilityStrengthening the administrativ e capacity of the Institutional Building of OHSA (Austria)

2005

The project’s m ain goal was to aid OHSA to s trengthen its core functions especially thos e related to enforcemen t, the training of workers, em ployers, OHS experts as well as the dissemination of inform ation to the public. The project aim ed to s trengthen the capacity of OHSA through training of its OHS Officers and managers, the fos tering of a s ocial dialogue between the Authority and the s ocial partners and the form ulation of s yllabi for OHS- related cours es for OHS experts

Total project cost: LM 171,000

(EU Funds: LM145,000, Local co-financing: LM26,000)

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Twinning Light ProjectStrengthening the Administrativ e Capacity of the National Labour Inspectorate (Germany)

2007

OHSA s ecured another project for further training of its OHS Officers on the implem entation of v arious EU OHS Directives including those dealing with v ibration, work equipment, noise m anagement, radiation protection, ventilation, electro-m agnetic frequencies, ev aluation and management of chemical/biological agents and as bes tos hazards at work, and optical radiation.

Officers from the Authority als o received s pecialized training in the implem entation of the SEVESO II Directiv e including the ev aluation of safety reports.

This Twining Light project was conducted with Germany and was valued at €154,000, which were co-financed through the EU

OHSA obtained funding from the EU Cohesion P olicy 2007-2013 (European Social Fund) to conduct Specialised Res earch on OHS and to develop the criteria for an OHS accreditation system.

6 EU Cohesion Policy 2007-2013 (European Social Funds) 2019

Specialized research was carried out on v arious aspects of OHS to (i) obtain better s tatis tics on occupational injuries, physical and psychological ill-health; (ii) inquire in to the prev alence of access of workers to internal and external OHS s ervices; (iii) determine the lev el of com pliance of work equipm ent with legal requiremen ts and (iv) identify the costs of prevailing risk levels of OHS to the nation.

The project als o developed the criteria to be us ed by OHSA when adm inis tering a certification and accreditation sys tem for recognizing com petence of third party OHS practitioners who offer serv ices to employers.

This project had a v alue at € 495,6 00 and was co-financed under the EU Cohesion Policy 2007-2013

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SLIC Exchange of Labour Inspectors Various

Over the years, OHSA participated in various exchanges of Inspectors under a programm e hos ted by the Senior Labour Inspectors Committee

Through this initiativ e, which is fun ded by the European Comm ission, Inspectors from one Mem ber State vis it another Mem ber State to look clos ely at the different modes of enforcement and legis lation in that coun try and to acquaint thems elv es with the various set ups relating to daily administration and enforcement

Through this initiative, OHSA also hos ted foreign inspectors who made a reques t to broaden their knowledge and gain practical experience in the field of health and safety at work by visiting OHSA.

During 2015 OHSA concluded a project for the ins tallation of photov oltaic panels and s everal energy efficiency measures at its premises

8

Cohesion Policy 2007 – 2013 Operational Programme I (European Regional Development Fund) 2014

The main objectiv es of the project were to reduce OHSA’s reliance on non-renewable energy s ources and to m ake better us e of energy being produced, while minimising waste.

The project cos t €86,000, with 5 0% of the eligible project cos ts being financed by the EU under the Cohesion Policy 2007 – 2013 Operational Programme I (European Regional Development Fund)

9 The Presidency of the Council of the European Union 2017 2017

In preparation for the organisation of a number of even ts forming part of Malta’s taking over the Pres iden cy of the Council of the European Union during 2017, OHSA hos ted 2 major occupational health and safety even ts which receiv ed the financial ass is tance of the European Union through the Employ ment and Social Innovation P rogram me 2014-2020 (EaSI). During April 2017, OHSA organis ed a Tripartite Conference on OSH entitled ‘Safeguarding Vulnerable Groups ’ , with the aim of promoting and raising awarenes s on the im portance of safeguarding the health and s afety of s uch groups. The OHS Tripartite Conference was imm ediately followed by the European Agency’s ‘Healthy Workplaces Good P ractice Awards Cerem ony’ which formed part of the ‘Healthy Workplaces for All Ages 2016-2017 Campaign

During J une 2017, OHSA welcom ed the 72nd SLI C Plenary m eeting, which was preceded by the SLI C Thematic Day which addres sed the meas ures required to be taken by the Inspectorates (as ‘em ploy ers’) to safeguard the occupational health and safety of their inspectors

The cos ts of the Tripartite Conference amoun ted to €225,042.81, of which the European Commission covered €165,000.

The budget for organising the SLI C Plenary and Thematic Day totalled €72,763 17, of which €50,000 were covered by the Commission’s grant

1

The Quality Leap from Act VII of 1994

Abstract: As the OHSA marks its twentieth anniversary, in this article the author considers salient milestones in the recent legislative evolution of occupational health and safety in Malta, and the quality leap Malta has succeeded in achieving, and is set to continue to achieve, as a result of this continuing process of evolution.

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2

Introduction

The legislator’s concern for occupational health and safety did not start in the Year 2000; nor did it start in 1994 for that matter, as the Hon. Freddie Micallef pointed out to the Hon Joe Cassar in Parliament on 7th February 1994 during the debate on the proposed bill on occupational health and safety (second reading)2. Indeed Judge Joseph Zammit McKeon dealt with the subject in his 1981 LL.D. thesis3 writing about the laws regulating safety in factories that hark back to the 1920s, building safety regulations safety at the Drydocks and the legislation on safety in the Conditions of Employment (Regulation) Act of 1952; Zammit

By Dr Ivan Mifsud, advocate by profession and current Dean, Faculty of Laws, University of Malta. The views expressed in this paper are strictly his own.

‘Is-soltu meta nitkellem qabel l-Onor. Joe Cassar dejjem jgħajjarni li tkellimt bil-vuċi għolja, allura issa li se nitkellem warajh, se nipprova nitkellem bil-mod. Pero' rrid nagħmel ħilti kollha għaliex meta nisma' ċerti dikjarazzjonijiet ta' l-Onor. Cassar, jien personalment titlagħli fawra.’

‘The Law Relating to Health and Safety at Work: A Comparative Study’, UM LL.D. thesis, 1981.

(‘to promote occupational health and safety’) to Act XXVII of 2000 and Beyond

McKeon the law student called for more comprehensive legislation, which legislation was finally passed in 1994 with the same Zammit McKeon who by then was a seasoned, practicing advocate being appointed chairperson of the committee created under the same legislation. Act XXVII of 2000 on the other hand, was for the large part drafted by Dr Mark Gauci, who has held the position of OHSA CEO since its inception.

To say that legislation on occupational health and safety was completely ineffective before 1994 would be unfair and untrue, but the fact remains that a significant move forward occurred when Act VII of 1994 was passed, and it seems not a moment too soon if the El Faroud tragedy of 1995 is anything to go by. A real quality leap came about when Act XXVII of 2000 was passed and the Occupational Health and Safety Authority was created. At that point, the curtain went down on the soft prelude which the 1994 law had provided, and the heat was turned on the Maltese workplace and the Maltese employer who found himself subjected to real, stringent standards with sanctions for default to match. Since then this trend has continued unabated, as is befitting of a European Union Member State which is obliged to comply with and ideally surpass the minimum standards set on a supranational level by means of Directives which directives have to be transposed into local law and implemented.

Without intending any disrespect for our past, for the purposes of this paper the discussion shall start from 1994, and the need clearly felt to give the employer a ‘soft start’ and time to understand that occupational health and safety is not a waste of money, to appreciate that human lives matter, that accidents are more expensive than precautionary measures, to get used to and to change one’s ways and practices from the way things were habitually done to how they are actually required to be done in the interest of safeguarding the life, limb and mental wellbeing of the worker. Reference will also be made to whether the 2000 law was an end in itself, or a milestone to be reached and surpassed in order to keep up with the times.

The soft start of 1994

This was a quaint law which created a ‘Commission’ as was probably a bit fashionable in those days when the government set about creating something new but was not ready to go all the way yet, or simply did not want to relinquish full control; this was the same government which created the Commission for

Investigation of Injustices in 1988 to make recommendations on how past injustices could be remedied while leaving the final say on whether or not to implement the recommendations in the hands of the Government, and the Permanent Commission Against Corruption under Chapter 326 of the Laws of Malta which to this day investigates allegations and suspicions of corruption, and then reports on them. In other words, ‘commissions’ are a cautious choice of vehicle when taking an initiative, intended to get things done without yielding too much power into the hands of the entity being created, and leaving a backdoor through which to backtrack should things go wrong. The 1994 legislation on occupational health and safety was no different: apart from creating a commission which of its very nature has no executive authority, this law opened up with a number of prima facie nice-sounding principles4 which however are remarkable for their vague nature e.g. ‘ensure the workplace is free from unnecessary hazards’ (who establishes what are ‘necessary’ hazards?) and then created a Commission for Promotion of Occupational Health and Safety5 to draft and publish codes of practice aimed at i. creating a ‘high level of safeguard of health and safety’, ii. to propose regulations to the minister, iii. to give out information, iv. to promote scientific research and v. to give advice on the subject of occupational health and safety6 while the real power lay elsewhere: the minister, when making regulations on occupational health and safety, exercised his own discretion7 while investigations and the application of the Act remained in the hands of the Director of Labour and inspectors appointed to deal with enforcement were subordinate to the same Director. Prosecution for offences before the Court of Magistrates also lay in the hands of the inspectors subordinate to the Director of Labour. Also, when one looks at how the Commission in question was composed, one realises that all the stakeholders were given a say8 and this no doubt helped those who occupied these positions to feel that they were not being side-lined by this new creation, and that they could peacefully coexist with it, indeed form part of it, at least at that point when it was still a commission. Despite the retention of power in the hands of the traditional entities9, under this law the scope of occupational health and safety was widened for example through the definition of ‘worker’ and ‘workplace’; the work of the Commission is also to be acknowledged for example where awareness raising and education are concerned. Past regulations were also retained where considered necessary, while the old laws, on factories for example, were repealed.

4 Art. 2.

5 Art. 3.

6 Art. 4.

7 Art. 7.

8 For example, the Director of Labour. 9 I.e. the minister and the director of labour.

The quantum leap of Act XXVII of 2000

The 1994 law only lived for six years and was replaced by Act XXVII of 2000. Then Deputy Prime Minister Lawrence Gonzi explained in Parliament10 that an ILO expert had advised11 that in order to obtain a meaningful culture change, the governing entity responsible for occupational health and safety must not only seek to promote and educate, but must also have powers of enforcement. There was also a need to gather all duties under one roof, because they were too spread out; thus for example the new entity would have its own inspectors, while the Occupational Health Unit within the Health Department would be absorbed within the same newly created Authority. Reference was also made to the need to comply with European Union directives, as part of the process of satisfying the requirements to join the European Union. This last is of essence: the Government of the day knew that by the time Malta joined the European Union, it would have to transpose all the relevant Directives into Maltese legislation and ensure their implementation too, and that the 1994 law did not suffice. The Government of the day was undoubtedly aware that it had to introduce and implement a system whereby i. all workers12 benefit from an equal level of safety and health, ii. employers take appropriate preventive measures to make work safer and healthier, iii. risk assessments meeting the parameters laid down in the relevant Directive are undertaken and iv. preventive measures are put in place. The author of this paper indeed believes that the 1994 law was never intended to suffice but was merely intended to get the stakeholders as accustomed as possible to what obligations they would have to meet by the year 2004 when Malta joined the European Union.

10 Sitting of 9 October 2000.

11 Dr Joe Cassar had made a similar claim when piloting the previous bill in 1994, as did the Hon. Micallef in response to Cassar on the same occasion N.2. , which shows the weight that the International Labour Organisation enjoys.

12 The Framework Directive on Occupational Health & Safety (Directive 89/391) lists some exceptions.

The lawmaker truly raised the stakes when passing Act XXVII of 2000, as the following comparative table reveals:

Act VII of 1994

2. Declaration of Principles

a. It is the duty of an employer of any person to ensure that the workplace is free from unnecessary hazards to health and from avoidable dangers to the physical and psychological integrity of workers;

b. It is also the duty of an employer to ensure that any work process carried out on his order is free from unnecessary hazards to health and from avoidable dangers to the physical and psychological integrity of the workers employed by him and of any workers employed by a self-employed person, contractor or sub-contractor to whom the employer shall have assigned any work:

Provided that in the case of work assigned to a self-employed person, contractor or sub-contractor as aforesaid, the employer shall only be liable if he provides facilities including

Act

XXVII

of 2000

6. Duties of Employers

1. It shall be the duty of an employer to ensure the health and safety at all times of all persons who may be affected by the work being carried out for such employer14:

Provided that where in pursuance of the foregoing an employer enlists competent external services or persons, the employer shall not be discharged from such incumbent

13 The emphasis has changed completely.

14 To note also the implication that those who create the risk, must manage it. This is indeed a cardinal underlying principle of occupational health and safety

15 The employer was left with no room to hide.

Act VII of 1994 Act XXVII of 2000

tools, equipment, know-how, plans or place of work or the use of such facilities, and he was aware that such facilities, or the use thereof, would ordinarily present a hazard or danger to health or safety.

duties15 arising out of this Act and out of regulations made under this Act;

c. It is the duty of every worker in a place of work to safeguard the health and safety of other workers as well as his own;

Provided further that the workers’ obligations in the field of occupational health and safety shall not affect the principle of the responsibility of the Employer.

7. (1) It shall be the duty of every worker to safeguard one’s own health and safetyand that of other persons who can be affected by reason of the work which is carried out.

(2) It shall be the duty of every worker to cooperate with the employer and with the Health & Safety Representative or representatives at the workplace....

d. It is the duty of the Government to see that the levels of occupational health and safety protection established by regulations made under this Act are maintained.

Act VII of 1994

The Commission’s functions16:

• Formulating and publishing codes of practice;

• Proposing regulations to the Minister;

• Disseminate information at places of work;

• Promote scientific research;

• Decide appeals against orders of inspectors;

• Advise ministers for health and labour

Act XXVII of 2000

The Authority’s functions17

• Establish strategies on how to implement the national policy on health and safety;

• Advise the minister on regulations;

• Monitor compliance;

• Prepare codes of practice;

• Promote the dissemination of information;

• Promote education and training;

• Collate and analyse data and statistics;

• Keep registers of plant, installations, equipment, articles, substances, chemicals which in the opinion of the Authority may provide a serious occupational and health risk;

• Investigate any matter concerning health and safety and secure enforcement18;

• Promote and carry out scientific research;

• Keep registers of persons competent to give advice on health and safety. 16 Art. 4. 17 Art. 5. 18 This was the game-changer.

The changes from ‘commission’ to ‘authority’ are evident. There are also some interesting provisions in the current law, not found in the previous law, which include that an officer can give an order, verbally or in writing, to safeguard occupational health or safety, and every person shall obey such order forthwith19. This continues with a most interesting statement: ‘An officer shall not be required to hold or afford to an employer, worker or other person an opportunity for a hearing before making an order’. This makes sense from a pragmative perspective, but may be questionable from an audi et alteram partem perspective20.

Also interesting is the exclusion of liability: no action whether disciplinary or otherwise, or other proceeding for damages shall lie or be instituted against the Occupational Health and Safety Authority’s Chief Executive Officer or against any officer for an act done or omitted to be done in good faith in the execution or intended execution of their duties. This serves to allow the OHSA’s CEO and all other officers to go about their duties without having to concern themselves with lawsuits. The law strikes a good balance, by excluding the protection of malicious behavour.

19 Art. 17.

20 I.e. the right to be heard before a decision which affects one’s rights and interests is taken.

An explosion in legislation

Act XXVII of 2000 goes much further than the provisions referred to above. It gives the Authority and its officers the necessary powers through which to operate effectively, including powers to penalise those who fall foul of its rules. Then there is the proliferation of subsidiary legislation to consider, some of which precede the same Act XXVII of 2000, such as the Dock Safety Regulations21 originally passed in 1953 but which were amended over time.

Another example of pre-2000 subsidiary legislation is the Work Places (Health, Safety and Welfare) Regulations22 which include specific rules aimed at making places of work safer, for example by requiring the substitution of harmful substances such as sand in sand-blasting being substituted with steel-shot or grit; these regulations also contain interesting quirks which may be attributed to the era when they were passed: women are prohibited from being employed or exposed to certain environments or activities such as the manufacture of alloys containing more than 10% lead! The same regulations include specific obligations on storing substances, obligation to keep registers such as registers of accidents, inspections by officers and penalties for failure in one’s obligations including a reversal of proof in regulation 27, leaving it to the accused to prove that it was not practicable, or was not reasonably practicable, to do more than was in fact done to satisfy the legal requirement.

Without a doubt, the lawmaker is transposing EU Directives into Maltese law via such subsidiary legislation. At EU level, not only are there a number of directives all of which need to be transposed faithfully into Maltese law, which directives include the Framework Directive of 198925, the directive on workplaces26 and the directive on work equipment27; the legal scenario also continues to evolve - a prime example of this being the European Commission’s Strategic Framework on Health and Safety at Work 2021-202728. To match, we have new subsidiary legislation being created while existing subsidiary legislation is amended or repealed depending on exigencies29. The result is a considerable number of legal notices which may be divided into two categories, the first being those specifically imposing some

21 S.L.424.03.

22 S.L.424.09. 23 Reg. 17.

24 In our day and age, this might come across as sexist.

25 Directive 89/391 EEC.

26 Directive 89/654 EEC. 27 Directive 89/655 EEC.

28 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021DC0323&qid=1626089672913#PP1Contents

29 Subsidiary legislation is more straightforward to pass, amend or repeal, than acts of parliament because subsidiary legislation is not subject to a first, second or third reading but is laid on the Table of the House as per the Interpretation Act (Laws of Malta, chapter 249).

form of protection whether aimed at the workplace or at the worker30, and those concerning procedures and penalties. Under the latter category one finds the Occupational Health and Safety Appeals Board (Procedure) Regulations31 which is aimed at creating a streamlined, clear, expeditious appellate procedure, and the Occupational Health and Safety (Payment of Penalties) Regulations32.

The Occupational Health and Safety (Payment of Penalties) Regulations are of interest for a number of reasons, including that the employers cannot buy their way out of their occupational health and safety obligations33. Also of interest is the second column to Schedule I, which constitutes no less than thirty-nine different contraventions and in itself reflects the large number of duties and obligations which the employers must bear as a direct result of the danger they created and now must manage34 , to the extent that a person who knows nothing on the subject but wishes to in under ten minutes form a half decent idea on what occupational health and safety is about, need look no further than Schedule I of the Legal Notice under discussion. Another point of interest is that these regulations were passed in 2012 with the intention of securing speedier compliance and in this sense represent another step in the legislative evolution of occupational health and safety in Malta.

Conclusion: the future

Occupational health and safety is anything but static. As stated on the website of the European Agency for Safety and Health at Work37 the European Commission via its 2021-2027 strategy38 is ‘addressing rapid changes in the economy, demography and work patterns’. The most obvious in this regard, is catering for older workers as retirement ages rise. As the European Commission strives to address these changes, it will undoubtedly impose new obligations on the EU Member States. The Maltese OHSA will undoubtedly rise to the challenge, and this will lead to yet further evolution in legislation.

30 E.g. S.L.424.31 ‘Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Vibration) Regulations’ as opposed to S.L. 424.10 ‘Protection of Young Persons at Work Places Regulations’. 31 S.L.424.12.

32 S.L.424.33.

33 Regulation 6 ensures that payment of penalty does not prejudice the duty to undertake a measure.

34 Only contravention number 18 is aimed directly at the worker.

35 i.e. a full twelve years after the original law was passed, within which time the Authority sought to raise its game in this case by creating a way how to reduce court proceedings which can prove to be lengthy, expensive and occasionally also unpredictable.

36 OHSA Activity Report 2012 p.26.

37 https://osha.europa.eu/en/safety-and-health-legislation/eu-strategic-framework-health-and-safety-work-2021-2027

38 N.28.

Occupational Health and Safety: The Moral Construct

1

Head of Moral Theology, Faculty of Theology, University of Malta

"I NOW WISH TO TURN TO … workers in whom certain morbid affections gradually arise from … some particular posture of the limbs or unnatural movements of the body called for while they work. Such are the workers who all day long stand or sit, stoop or are bent double; who run or ride or exercise their bodies in all sorts of ways." 1

Thus wrote Bernardino Ramazzini (1633-1714), in “De Morbis Artificum Diatriba” (On Workers' Diseases), in which he described the effects of work on health for over 50 professions. Published in Modena in 1700 when the author had over 40 years of clinical experience, it is the first book written specifically about occupational diseases and the prevention of risks related to work. Recognised today as the father of occupational medicine, Ramazzini believed that a physician must determine the patient’s occupation in order to discover the cause of the patient’s disorder, and in this seminal work which was cited by Adam Smith and Karl Marx,2 explains his aim:

B. Ramazzini, "De morbis artificum diatriba [diseases of workers], 1713," American Journal of Public Health 91, 9 (2001): 1380-2.

2

A. Smith, An Inquiry into the nature and causes of the wealth of nations, 1776: Chapter 8, "Of the wages of labour"; K. Marx, Das Kapital, 1867: fourth section. Cited in F. Carnevale, and A. Baldasseroni, “The De morbis artificum diatriba editions since 1700 and their legacy,” Epidemiologia e prevenzione 24,6 (2000): 270-5.

"Not only in antiquity but also in our own times, laws have been passed in well-ordered cities to secure good conditions for the workers; so it is only right that the art of medicine should contribute its part for the benefit and relief of those for whom the law has shown such foresight; indeed, we ought to show peculiar zeal, though so far we have neglected to do so, in taking precautions for these workers' safety, so that as far as possible they may work at their chosen calling without loss of health..."3

The meaning and dignity of work

Work is much more than a way to make a living; it is part of the meaning of human life. It is through work that people express their creativity, develop their talents and live their values. Work is able to increase one's capabilities, or in the words of Kristen Lucas, capability enhancement.4 Work thus has the capacity to inhibit or facilitate human development,5 and human flourishing; to protect or violate human dignity. The concept of human dignity has been a centrepiece of western civilisation for centuries, and has been notably explained by Immanuel Kant who argued that people are "ends in themselves" and should never be treated as mere means to an end. The secular defence of human dignity of this great German philosopher is at the basis of international human rights law today, and is enshrined in national constitutions and international treaties as the foundation of the necessary commitment to the equal worth and dignity of all of human beings.6 It has thus been used also with respect to work, economy and society, and Sharon Bolton has differentiated between dignity in work (that is, the meaning of work and the respect of a person), and dignity at work (that is, the conditions of work, such as a safe and healthy working environment).

Since people spend a considerable time at work, the "organisation of work" (or work environment) may have major consequences on their health, life and family. Work may increase stress, anxiety, depression, as well as cause physical or psychological injury, such as musculoskeletal disorders, cardiovascular disease, and metabolic disorders,7 as well as other diseases due to occupational hazards exposure.

3 F. Carnevale, and A. Baldasseroni, “The De morbis artificum diatriba editions since 1700,” 270-5.

4 K. Lucas, "Workplace dignity: communicating inherent, earned, and remediated dignity", Journal of Management Studies 52 (2015): 621–646. doi: 10.1111/joms.12133

5 Anjali Tiwari, and Radha R. Sharma, "Dignity at the Workplace: Evolution of the Construct and Development of Workplace Dignity Scale", Frontiers in Psychology (2019): https://doi.org/10.3389/fpsyg.2019.02581

6 Sharon C. Bolton, "Dignity in and at Work: Why it Matters", in Sharon C. Bolton, Dimensions of Dignity at Work (Routledge, 2015), 1-16.

People therefore ought to work in environments which are not harmful to their physical and psychological health.

The right to a safe and healthy environment

The right to health and safety at the place of work is today widely recognised, and much has been done since the days recounted by Ramazzini three hundred years ago. In its Preamble, the ILO Constitution, initially part of the Treaty of Versailles (1919) which aimed to build long lasting peace on social justice, sets forth the principle that workers must be protected from sickness, disease and injury arising from their employment. Closer to home, the EU Charter of Fundamental Rights lays down, in article 31.1, that "every worker has the right to working conditions which respect his health, safety and dignity." (Interestingly, this is placed under Chapter 4, entitled: "solidarity").

Yet, notwithstanding the legal protection and remedies currently available in various jurisdictions, work still kills today. The ILO estimates that globally work accidents or work-related diseases kill 6,300 people every day (that is, 2.3 million deaths per year).8 Apart from the immense suffering for workers and their families, the direct costs of workplace accidents in the EU amount to between 2.6 and 3.8% of the Gross National Product, and the loss of 15 million days of work.9 Globally, in 2013, the ILO evaluated the associated economic costs as amounting to around 3.94% of the global GDP,10 and in certain developing countries, the economic cost of workplace accidents alone may reach 10% of GDP.11 In 2018/19, work related diseases cost the UK £10.6 billion, with a further £5.6 billion lost due to work related injury.12 It is a pity that most of these could be prevented with proper health and safety measures.

https://popup.wynwood.studio/

Unsafe and unhealthy work practices not only impact workers' health negatively; they also lead to a variety of negative consequences for a business operation. On the low end of the scale, this may lead to increased sick leave, a decrease in worker motivation and productivity, an increase in employee turnover (due to attempt to find alternative employment with better working conditions) and the consequent need to retrain new ones, as well as possible remedial action to repair equipment. In more serious cases,

7 S. Iavicoli, A. Valenti, D. Gagliardi, J. Rantanen, "Ethics and Occupational Health in the Contemporary World of Work", in International Journal of Environmental Research and Public Health 15, 8 (2018): 1713. doi: 10.3390/ijerph15081713.

8 https://www.ilo.org/empent/areas/business-helpdesk/WCMS_DOC_ENT_HLP_OSH_EN/lang--en/index.htm

9 C. Omnès, "De la perception du risque professionnel aux pratiques de prévention : la construction d'un risque acceptable", Revue d'histoire moderne et contemporaine 56, 1 (2009): 61-82, 62). Cited in Fidèle Ndjoulou, Lise Desmarais & Michel Pérusse, "Employer Responsibility for Occupational Health and Safety: Challenges, Issues and Approaches", Journal of Management Policies and Practices 3, 1 (2015): 1-8.

10 https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm

11 H. Konkolewsky, "La prévention est bénéfique à la santé et aux affaires", Perspectives en politique sociale 19 (2011): 1-5, 2. Cited in Fidèle Ndjoulou, Lise Desmarais & Michel Pérusse, "Employer Responsibility for Occupational Health and Safety: Challenges, Issues and Approaches", 1-8.

12

https://www.hse.gov.uk/statistics/cost.htm

it may lead to police investigations, (at least temporary) closure of the work environment for investigations, court hearings and costly lawyer fees, worker compensation or criminal fines, increased insurance premiums, and effects on the business reputation.

Apart from financial reasons and legal obligations, however, there is a moral responsibility for employers to safeguard the lives, health, safety and wellbeing of their employees. Indeed, the most fundamental rule in ethics is "first, do no harm", applied principally to fellow human beings, but also by extension to the animal world and the natural environment. This obligation, of course, falls on both employers and employees, both of whom have duties to themselves and to others. Indeed, even workers have a duty and responsibility to protect their own health, at least from serious harm, and their risk-taking with respect to health and safety might injure other people, if not physically, at least psychologically. Moreover, social justice requires responsibility (that is, the ability to respond for one's actions) to the public, to the public health system, to social security systems and labour and judicial authorities.

Another fundamental principle in ethics is the precautionary principle which emphasizes caution and prevention in the face of potential danger. Injured persons might also consider themselves to be victims of injustice, which brings into play questions of social justice and exploitation (which can be made worse in the case of vulnerable people or migrant workers, for example). This, therefore, leads to the duty to care, to respect and protect human life, dignity and welfare, which should be the main motivator for risk management and prevention. Safety issues, therefore, should be incorporated into the Corporate Social Responsibility of a company.

Increasingly, there is also a shift to a new paradigm in occupational health, moving away from simply preventing danger (or health risk management) to a more positive promotion of health (WHO Definition of health).13 The WHO, for example, sees the workplace as a priority setting for health promotion,14 and has endorsed the “Workers’ Health: Global Plan of Action."15 This sets new goals and tasks to occupational health professionals, and creates its own set of ethical complexities,16 but these will not be dealt with over here. As the European Agency for Safety and Health at Work notes, however, workers should participate in the whole process of Workplace Health Promotion,17 especially due to questions of autonomy, paternalism, undue interference in private life and confidentiality of health data.

13 S. Iavicoli, A. Valenti, D. Gagliardi, J. Rantanen, "Ethics and Occupational Health in the Contemporary World of Work", 1713.

14 World Health Organization, Workplace health promotion: the workplace: a priority setting for health promotion, 2010; http://www.who.int/occupational_health/topics/workplace/en/

15 World Health Organization, Healthy workplaces: a model for action: for employers, workers, policymakers and practitioners, 2010; http://www.who.int/occupational_health/publications/healthy_workplaces_model.pdf

16 J. P. Allegrante, R.P. Sloan, "Ethical dilemmas in workplace health promotion", Preventive Medicine 15 (1986): 313-320. doi: 10.1016/0091-7435(86)90050-2; J. Gordon, "Workplace health promotion: the right idea in the wrong place", Health Education Research 2 (1987): 69-71. doi: 10.1093/her/2.1.69.

17 European Agency for Safety and Health at Work, Workplace health promotion for employers, 2010; http://osha.europa.eu/en/publications/factsheets/93

"Constructing" morality

Safety does not happen by accident; and neither should safety be learnt by accident. Though health and safety can be seen as inconvenient, moral courage and conviction are required for a commitment to human dignity and justice at the place of work. It is thus necessary to create, sustain and promote a health and safety culture at work, based on respect for people. This necessitates both information and training, as well as making sure that employers both lead with integrity and example, but also foster worker participation and engagement. Employees, in fact, should be able to ask questions or propose ideas while expecting to be heard and taken seriously, and they should not fear any reprisals for highlighting a health and safety issue.

Moreover, both employers and employees need to question their motivation and commitment to safety issues. These should not be seen as mere regulatory burdens, or as an abatement of financial risks, but as effective ways to express solidarity, be responsible, and care for one another. Employers and employees should thus go beyond the requirements of the law or regulatory compliance, striving instead for excellence, the hallmark of ethics, which focuses on self-regulation beyond government regulation. Drivers and barriers for ethical decision-making should be identified, and the Occupational Health and Safety professional should be seen as an ally, not as a nuisance. Companies which strive for excellence no longer see safety as a cost but consider it to be an integral function of business, much like quality. Such companies thus demand excellence in safety, not only from their employees, but also from their contractors and suppliers, and see poor safety as a warning sign of other management or performance weakness.

Health and safety can thus be a natural starting point to build an ethical organisation, or to lay the foundations for organisational excellence and integrity. Business leaders in such organisations are inspired and driven by a commitment to the value of human life (whose preservation and protection supersedes all other good); respect for human rights, human development and capabilities enhancement; integrity; justice and fairness, as well as striving for excellence.

Analysis of Work-Related Fatal Accidents and Injuries, 2002-2022

University of Malta

Introduction

The Occupational Health and Safety Authority (OHSA) commissioned this study to analyse the available statistics on occupational fatalities and work-related injuries over a twenty-year period.

Data on fatal accidents is collated by OHSA based on reports made by the police authorities following the occurrence of the accident, as well as hospital records of deaths occurring up to a year following an accident at work, which death occurred as a direct result of the injuries sustained. The numbers also include those

fatal accidents occurring as a result of a motor vehicle accident occurring during the course of work. Accidents involving third parties which occur as a result of a work activity have been excluded from the scope of this analysis.

Data on occupational injuries are collated by the Department of Social Security on the basis of claims made in terms of the Social Security Act.

Whereas it is recognised that there may be an element of under-reporting in the case of injuries at work, the situation for incidence rates of fatal accidents is different as it is much more difficult to avoid reporting a fatal accident.

Analysis

The following statistical analyses relate to the numbers of work related fatalities and injuries throughout the period 2002-2022 using a data set collated by OHSA. In the first part of the report the trends in the number of injuries between 2002 and 2021 using regression models are investigated. These models are essential because apart from providing the size and direction of the trend they also indicate whether the relationship is significant. A 0.05 level of significance is adopted throughout the analysis.

Figure 1 Trend of total yearly injuries at work per 100,000 workers

Table 1

Regression model for total yearly injuries at work per 100,000 workers

Unstandardized Coefficients

Model Terms

Standardized Coefficients t P-value

B Std Error Beta

Constant 3169.971 67.805 46.751 <0.001 Year -121.760 6.101 -0.978 -19.956 <0.001

Figure 1 shows a reduction in the total number of yearly injuries at work per 100,000 workers throughout 2002 and 2021. This reduction (approximately 121.8 injuries each year) is significant since the p-value (approx. 0) is smaller than the 0.05 level of significance. Figure 2 shows a reduction (approximately 26.5 injuries each year) in the number of yearly mild injuries requiring 1 to 3 days absence from work, per 100,000 workers. Figure 3 shows a reduction (approximately 95.3 injuries each year) in the number of yearly severe injuries requiring at least 4 days absence from work, per 100,000 workers. Both reductions in the number of mild and severe injuries are significant since the p-values (approx. 0) are smaller than the 0.05 level of significance.

Figure 2

Trend of yearly injuries at work (3 days absence at most) per 100,000 workers

Table 2

Regression model for yearly injuries at work (3 days absence at most) per 100,000 workers

Model Terms

Unstandardized Coefficients Standardized Coefficients t P-value

B Std Error Beta

Constant 768.586 72.293 10.631 <0.001 Year -26.456 6.505 -0.692 -4.067 <0.001

Figure 3

Trend of yearly injuries at work (4 days absence at least) per 100,000 workers

Table 3

Regression model for yearly injuries at work (4 days absence or more) per 100,000 workers

Unstandardized Coefficients

Model Terms

Constant

Standardized Coefficients t P-value B Std Error Beta

Regression models were also used to investigate the trends in the number of injuries between 2009 and 2021 per 1000 workers in a number of sectors, including construction, transport and storage, manufacture, accommodation and food service, and wholesale, retail and repair. Figure 4 shows a reduction (approximately 2.0 injuries each year) in the number of injuries in the construction sector, per 1,000 workers. Figure 5 shows a reduction (approximately 1.7 injuries each year) in the number of injuries in the transport and storage sector. Figure 6 shows a reduction (approximately 2.5 injuries each year) in the number of injuries in the manufacturing sector. Figure 7 shows a reduction (approximately 1.7 injuries each year) in the number of injuries in the accommodation and food service sector. Figure 8 shows a reduction (approximately 0.6 injuries each year) in the number of injuries in the wholesale, retail and repair sector, per 1,000 workers. All reductions in the number of yearly injuries are significant since the p-values (approx. 0) are smaller than the 0.05 level of significance.

Figure 4

Trend of yearly injuries in construction sector, per 1,000 workers

Table 4

Regression model for yearly injuries in construction sector, per 1,000 workers

Unstandardized Coefficients

Model Terms

Standardized Coefficients t P-value

B Std. Error Beta

Constant 47 923 1 494 32 068 <0 001

Total Injuries -1 962 0 211 -0 942 -9 281 <0 001

Figure 5

Trend of yearly injuries in transport/storage sector, per 1,000 workers

Table 5

Regression model for yearly injuries in transport/storage sector, per 1,000 workers

Unstandardized Coefficients

Model Terms

Standardized Coefficients t P-value

B Std Error Beta

Constant 46.374 3.241 14.308 <0.001

Total Injuries -1.665 0.458 -0.738 -3.632 0.004

Figure 6

Trend of yearly injuries in manufacturing sector, per 1,000 workers

Table 6

Regression model for yearly injuries in manufacturing sector, per 1,000 workers

Figure 7

Trend of yearly injuries in accommodation/food sector, per 1,000 workers

Table 7

Regression model for yearly injuries in accommodation/food sector, per 1,000 workers

Model Terms Unstandardized Coefficients Standardized Coefficients t P-value B Std. Error Beta

Constant 29.143 1.574 18.511 <0.001 Total Injuries -1.665 0.223 -0.914 -7.477 <0.001

Reduction in the number of injuries, per 1000 workers was largest in the manufacturing sector (approximately 2.5 injuries each year) and smallest in the wholesale, retail and repair sector (approximately 0.6 injuries each year).

Table 8

Regression model for yearly injuries in wholesale/retail/repair sector, per 1,000 workers

Unstandardized Coefficients

Model Terms

Standardized Coefficients t P-value

B Std. Error Beta

Constant 14.857 0.608 24.449 <0.001

Total Injuries -0.643 0.086 -0.914 -7.480 <0.001

Figure 8

Trend of yearly injuries in wholesale/retail/repair sector, per 1,000 workers

In the second part of the report, the trends in the number of fatalities between 2002 and 2022 using regression models are investigated. These models are essential because apart from providing the size and direction of the trend they also indicate whether the relationship is significant. A 0.05 level of significance is adopted throughout the analysis.

Figure 9

Trend of yearly fatalities, per 100,000 workers

Figure 10

Trend of yearly fatalities at work, per 100,000 workers (under OHSA Act)

Table 10 Regression model for yearly fatalities at work, per 100,000 workers (under OHSA Act)

Figure 9 shows a reduction in the total number of yearly fatalities at work per 100,000 workers throughout 2002 and 2022. This reduction (approximately 0.16 fatalities each year) is significant since the p-value (approx. 0) is smaller than the 0.05 level of significance. Figure 10 shows a similar reduction (approximately 0.16 fatalities each year) in the number of yearly fatalities, per 100,000 workers under the OHSA Act.

Figure 11 shows a positive and significant relationship between the yearly fatalities at work, and yearly injuries, per 100,000 workers. An increase of 1,000 injuries, per 100,000 workers, results in an increase of 1.3 fatalities, per 100,000 workers.

Figure 11

Relationship between yearly fatalities and yearly injuries at work, per 100,000 workers

In the third part of the report, the One-Way ANOVA test was used to investigate how the yearly injuries 2 per 1,000 workers (averaged from 2009 to 2022) varies between the sectors (construction, transport and storage, manufacture, accommodation and food service, and wholesale, retail and repair). Figure 12 shows that the average yearly injuries per 1,000 workers in construction and transport & storage sectors (approx. 36.2 and 36.4 injuries each year respectively) are significantly larger than the average yearly injuries in the manufacturing and accommodation & food sectors (approx. 27.2 and 19.2 injuries each year respectively), which in turn are significantly larger than the average yearly injuries in the wholesale, retail and repair sector (approx. 11.0 injuries each year)

Table 12

Mean yearly injuries per 1000 workers, grouped by sector Sector

Mean yearly injuries per 1000 Std. Dev.

95% Conf Int for Mean Lower Bound Upper Bound

Construction 36.15 8.112 31.25 41.06 Transport & Storage 36.38 8.780 31.08 41.69 Manufacturing 27.15 9.625 21.34 32.97

Accommodation & Food Service 19 15 7 093 14 87 23 44 Wholesale, Retail & Repair 11.00 2.739 9.35 12.65

Figure 12

Mean yearly injuries per 1,000 workers and 95% confidence intervals, grouped by sector

Figure 12 displays the 95% confidence intervals of the average yearly injuries per 1,000 workers for each sector. This confidence interval provides a range of values of the expected variation in the average yearly injuries per 1,000 workers in the coming years.

Figure 13

Mean yearly fatalities per 1,000,000 workers and 95% confidence intervals

Mean yearly fatalities per 1,000,000 workers for different scenarios

Scenarios

Number of fatal accidents

Mean Std. Dev.

95% confidence interval Lower limit Upper limit

3.37 2.068 2.43 4.31

Fatal accidents outside applicability of the OHSA Act 0.30 0.406 0.11 0.48

Fatal accidents in construction 2 02 1 389 1 39 2 65

Fatal falls from height in construction 1.17 0.841 0.79 1.55

Fatal falls from height in construction (lack of harness) 0.61 0.548 0.36 0.86

Fatal accidents occurring to foreign workers 0 99 0 757 0 65 1 34

Figure 13 shows the yearly fatalities per 1,000,000 workers and 95% confidence intervals (averaged from 2002 to 2022) for different scenarios. For example, the average number of fatal accidents in construction per 1,000,000 workers is 2.02 and this is expected to vary between 1.39 and 2.65 in the coming years.

Fatal accidents occurring to selfemployed workers 1.11 1.185 0.57 1.65

Fatal accidents in construction of foreign workers 0.75 0.616 0.47 1.03

Fatal accidents in construction of self-employed 0.46 0.673 0.15 0.76

Fatal accidents in notifiable construction projects 1.04 0.774 0.69 1.39

In the fourth and final part of the report correlation analysis is used to investigate how the yearly injuries and yearly fatalities are related to a number of deterrents, including number of inspections, number of administrative fines, monetary value of fines, number of initiated prosecutions, number of vetted equipment certificates, duration of staff development and awareness raising.

Relationship between yearly injuries/fatalities and deterrents

Deterrents

Number of Injuries per 100,000 workers

Number of inspections

Number of administrative fines

Monetary value of fines (€)

Number of initiated prosecutions

Number of vetted equipment certificates

Staff development hours

Participant-hours awareness raising

Number of fatal accidents per 100,000 workers

Correlation Coefficient -0.872 -0.372

P-value 0.000 0.129

Correlation Coefficient -0.720 -0.127 P-value 0.019 0.726

Correlation Coefficient -0.766 -0.001 P-value 0.010 0.999

Correlation Coefficient 0.263 0.004 P-value 0.307 0.988

Correlation Coefficient -0.612 -0.628 P-value 0.007 0.005

Correlation Coefficient 0.762 0.751 P-value 0.000 0.000

Correlation Coefficient -0.321 -0.214

P-value 0.194 0.395

Table 14 shows that the yearly injuries is negatively and significantly related with number of inspections, number of administrative fines, monetary value of fines and number of vetted equipment certificates. This implies that an increase in the number of inspections, number of administrative fines, monetary value of fines and number of vetted equipment certificates results in a significant decrease in the number of yearly injuries. Number of initiated prosecutions and duration of participant awareness raising are weakly related with the number of yearly injuries.

Table 14 shows that the number of yearly fatalities is negatively and significantly related with the number of vetted equipment certificates; however is weakly related with the other deterrents. An unexpected result is the positive and significant relationship between staff development hours and the number of yearly injuries/fatalities.

Pairwise

relationships between deterrents

N u m b e r o f i n s p e c t i o n s N u m b e r o f a d m i n i s t r a t i v e fi n e s M o n e t a r y v a l u e o f fi n e s ( € ) N u m b e r o f i n i t i a t e d p r o s e c u t i o n s N u m b e r o f v e t t e d e q u i p m e n t c e r t i fi c a t e s S t a f f d e v e l o p m e n t h o u r s P a r t i c i p a n th o u r s a w a r e n e s s r a i s i n g

Number of inspections

Correlation 1 0.700 0.695 0.149 0.447 -0.497 0.430 P-value 0.016 0.018 0.555 0.055 0.030 0.066

Number of administrative fines

Monetary value of fines (€)

Correlation 0.700 1 0.965 0.682 0.063 -0.359 0.585 P-value 0.016 0.000 0.021 0.854 0.278 0.059

Correlation 0.695 0.965 1 0.594 0.113 -0.229 0.453 P-value 0 018 0 000 0 054 0 742 0 498 0 162

Number of initiated prosecutions

Number of vetted equipment certificates

Correlation 0 149 0 682 0 594 1 0 015 0 051 0 301 P-value 0.555 0.021 0.054 0.953 0.840 0.225

Correlation 0.447 0.063 0.113 0.015 1 -0.365 0.065 P-value 0.055 0.854 0.742 0.953 0.124 0.792

Staff development hours

Participant-hours awareness raising

Correlation -0.497 -0.359 -0.229 0.051 -0.365 1 -0.238 P-value 0.030 0.278 0.498 0.840 0.124 0.326

Correlation 0 430 0 585 0 453 0 301 0 065 -0 238 1 P-value 0 066 0 059 0 162 0 225 0 792 0 326

Table 15 shows the pairwise relationship between deterrents. Most of these pairwise correlations are positive and conform to what is expected. An increase in the number of inspections is very likely to result in an increase in the number of administrative fines, monetary value of fines and number of initiated prosecutions.

Figure 14

Trend for Road Traffic Accidents Fatalities

Figure 14 shows a very small reduction in the total number of road traffic accidents fatalities throughout 2000 and 2021. This reduction (approximately 0.065 fatalities each year) is not significant since the p-value (0.536) exceeds the 0.05 level of significance.

This analysis is being included to give a context to the magnitude of the two problems – road traffic fatalities and fatalities at work, which are considered as main contributors to early death.

Figure 15

Figure 15 shows a positive relationship between the number of fatal accidents in construction and the number of project supervisors appointed to these construction sites where the fatality occurred. This implies that the appointment of project supervisors does not have an impact on the number of fatalities, and is not contributing to any decrease in the number of fatalities.

Conclusions

Based on this analysis, a number of important conclusions can be made. The overall injury and fatality rates show persistent downward trends (a finding which is not attributed to chance). The sectoral rates show similar downward trends, however, the magnitude of this decrease varies across sectors. Wholesale, retail and repair sectors have the smallest reductions in injury and fatality rates, while the manufacturing sector has the largest decrease.

The mean annual fatality rate per 100,000 workers is 3.37, where a number of risk factors were found to increase the likelihood of fatal accidents. On average, work in construction accounts for 2.02 fatalities per 100,000 workers, of which 1.17 occur as a result of dangerous falls. Foreign workers account for 0.99 annual fatalities per 100,000 fatalities, whereas foreign workers in construction account for 0.75 fatalities per 100,000 workers.

The analysis also highlight, the positive impact of OHSA’s actions on the injury and fatality rates, in view of the correlation observed between the number of accidents and several OHSA key interventions, including inspections and the issue of administrative fines. Conversely, the appointment of other legal duty holders, notably project supervisors has negligible impact on improvements in the observed rates of accidents.

Employees’ Corner

Attard Vincent Senior Manager (Engineering)

I have been employed with the OHSA for half my working life. I could see a positive change in the attitude of the employers and workers towards health and safety. I can say that throughout these years I have become very conscious of the hazards and risks around us, not only at the workplace but everywhere I go.

Cremona Joseph C OHS Officer II

I am currently an OHS officer. I have been working as an OHS officer for the past seven years, after serving 30 years as a police officer in different ranks. I find my present work as another challenge which fulfils my ambition to continue to grow while assisting my colleagues in our daily work.

Ciappara Norbert OHS Officer II

I have been working at the Occupational Health and Safety Authority for the past seven years, and one can positively express that working in the occupational health and safety regulatory field, brings both joys and disappointments along with a continuous steady stream of evolving challenges. With the will to learn, I have benefitted from and overcome each experience.

Muscat Shylon Principal OHS Officer

I've been employed at OHSA for more than 15 years. For me, OHSA is a very challenging workplace but at the end of the day, it is rewarding. I feel well-supported in my work to accomplish my objectives.

Farrugia Gertrude Management Support Executive

I have worked with OHSA since its inception. Though as with many 20-year relationships there have been ups and downs, on the whole, it has been a positive experience. Most of my colleagues have become valued friends and when I went through difficult times in my personal life I have always been met with understanding and compassion. On a professional basis, although negative news makes the most noise, OHSA helps to make people's lives better on a daily basis by ensuring that workers return home to their loved ones safe and sound. I won't be working here in another 20 years, but OHSA will continue to grow and to ensure workers' well-being.

Savić-Kissaun Angèle PA (Corporate Services)

Having worked with the Authority since 2003, I have seen OHSA grow from strength to strength. I remember a much smaller complement of staff, different premises and fewer resources, however this never kept us back. Despite mixed views from the general public, us employees keep doing our utmost in contributing to the promotion of occupational health and safety on our island and keeping the Authority’s image and original purpose in line with the exigencies of modern times. On a personal level, OHSA has helped me to further develop my skills in various areas and to forge lasting friendships. I am proud to be part of OHSA’s team and to contribute towards fulfilling its mission, however small my part may be!

Rieck Zahra Romina Senior Manager (Communications & PR)

The traditional 20th-anniversary gift is porcelain, while the modern take on it is platinum. These materials are very representative and apt. Like platinum, OHSA has to remain strong against counter currents while at the same time, like porcelain, maintaining a delicate relationship with all stakeholders. Having joined OHSA since its inception, I have seen this in practice and witnessed OHSA flourishing over the years from a handful of employees into a fully functional and respected team. With its main aim of working with others to ensure healthier and safer workplaces, people’s perception of OHSA has changed drastically over these last 20 years. On a personal level, throughout the years, I have made some very good and sincere friends with my colleagues and OHSA is like a second family to me. I can attest to a very professional yet deeply human organisation where, much as a family, employees are individually intrinsically important, taken care of and why not, also taken to task when necessary – all for the unit to function seamlessly as a whole and to keep up with evolving times. All in all, OHSA has been a very positive constant for nearly half of my life and I encourage everyone to take ohs at heart and even join OHSA in its endeavour to promote healthy and safe workplaces for everyone.

Barbaro Sant Giovanni Senior Manager (Corporate Services)

Twenty years ago, I responded to the first wave of public recruitment for OHS Officers. By resigning a private sector appointment at management level, I felt this would be my dream opportunity of pursuing a calling to be of service to society within a regulatory body. I joined the inspectorate ranks at a time the health and safety watch dog was benefiting from intensive training opportunities tied with the capacity building effort of a prospective EU member state. Today, as part of the management team, I am responsible for human resource management, procurement, and administration including ICT and finance. Furthermore, the coordination of workplace health and safety courses, open to the public and private sector is also within this department’s remit. My constant direct mentor for more than 16 years has been the incumbent CEO. Admittedly, finance-related matters, admin and HR management take up significant resources within this department. My job-hopping experiences within the private sector and the subsequent on the job training in enforcement duties, rendered a sound understanding of challenges faced by our Officers and support staff when dealing with the relevant stakeholders. In organisational culture terms, growth and development is subject to the organisation’s ability to adapt to its environment. On a micro level, knowledge of the strengths and weaknesses of one’s work complement, together with timely action on opportunities and mitigation of threats, is recognised as a contributory element to the well-being of the staff complement. By seeing that the employees are adequately and timely equipped to execute their duties, I also feel fulfilled in contributing my share to the health and safety of the local workforce.

Micallef Charles OHS Manager

I have been working at OHSA for the last 20 years. During these years, I have seen the inspectorate section grow and also work in a more professional way, especially in carrying out investigations. OHSA always cared for the employees as individuals and fostered them in a supportive manner in both their personal and professional lives. I can say that during these years, with the intervention of OHSA employees, I have seen a huge improvement in the culture of occupational health and safety amongst employers and workers in Malta and Gozo.

Francica Catriona Principal OHS Officer

I joined OHSA about seven years ago, a few months after graduating from the University of Malta. Joining OHSA in my early 20s has helped me grow both on a personal level as well as on a professional level. The opportunity of attending several conferences abroad, carrying out inspections in all types of different sectors and working on enforcing existing legislation while also increasing people’s awareness of the importance of a healthy and safe working culture has been an interesting journey for which I am very grateful.

Cachia Clint Principal OHS Officer

I have worked at the OHSA for the past 14 years in which I have inspected hundreds of workplaces, and in which I would like to think, I was instrumental in preventing a few accidents. To me, the OHSA represents not only a place of work which has seen me mature and develop my skills over the years but also an extended family. As in any family, sometimes we have our disagreements, but the support from my colleagues has never faltered, for which I will always be grateful.

Borg Mira OHS Officer II

As an employee of OHSA, in the last seven years, I have faced many challenges and new experiences. I have had the opportunity to give my contribution in different workplace inspections, helping others to understand the importance of OHS in their workplace (especially to foreign workers coming from my country) and will continue to do so for as long as is needed. We have all grown old together and have learned from each other; we have cried, laughed and joked and shared together joyful experiences. I am happy and proud to be part of this family.

Mercieca Melhino Senior Manager (International Affairs)

Since OHSA’s establishment, Malta has experienced a major positive change in its safety culture. It goes without saying that changing a nation’s safety culture is without doubt one of the greatest and most elusive challenges faced by regulatory authorities today. I truly believe that with the right tools, real commitment from social partners, and the necessary resources, both human as well as financial, OHSA can really shape the future of health and safety as it has been doing for the past twenty years. On a personal level, I first joined OHSA as an OHS Officer during which I had the opportunity to gain vast knowledge and expertise in the application and enforcement of OHS legislation. OHSA’s mission statement “Working with others to ensure healthier and safer workplaces in Malta” resonated with me far more than I had anticipated. Working as an OHS Officer also increased my interest in OHS law, so much so, that I decided to read law and become a lawyer. However, such a step necessitated flexibility to be able to conduct my studies in a judicious way. This meant that my career had to change direction, whereby I left OHSA and decided to start working as an OHS consultant in the private sector. Fast forward a couple of years, when I had the opportunity to re-join OHSA as a Senior Manager. This position gave me a lot of opportunities to work on different areas which inspire me to develop and learn new skills and abilities. As cliché as it may sound, every job has its difficulties and obstacles and working at an authority that is constantly facing a plethora of obstacles from any imaginable side, can certainly take its toll. However, working in an environment where one’s decisions can literally save lives, gives you a deep satisfaction beyond words.

Jean-Paul Clerk

I recall the day when I sat for my interview at OHSA in a dark big boardroom on the second floor of an old house in Valletta. At the young age of 18, I started my career with OHSA on the 16th of June 2002 - a transitional period for a small unit which was splitting from the Department of Labour and becoming an Authority. To be honest, like many other people in Malta, I had never heard of OHSA before. I remember walking every day to the Labour Office to collect mail or stationery, and sharing one computer among five employees. Our move to our offices in Pietá in 2004 started a new chapter for this Authority. By that time, OHSA was being more recognised by the Maltese people, and more people visited our offices for one reason or another, to gather information, for training or in a worse scenario, because they got injured. I always carried out my duties at the reception area and did my utmost to give the Authority the best image possible. On a personal level, in these 20 years, I also established a strong and healthy relationship with all current and previous members of staff including the management, considering my colleagues as my second family. Currently, I am also a university student reading for a bachelor’s degree in occupational health and safety and from a student’s perspective, I can further recognise the importance of OHSA for workers in Malta. Working at OHSA means serving the Maltese labour force, their families and third parties that may be affected by the work being carried out, and helping them have a healthy and safe work environment (both physically and mentally) and a better standard of living.

Xuereb

I have been working in ICT since 1992 but working at OHSA has enabled me to learn new aspects of other sections within the ICT industry, such as the new CMS for OHSA’s website and mobile app and harmonising landscapes using the Hale Studio software application, amongst others. Moreover, I also learned about other areas including procurement, payroll/absences software applications and invoicing. Should the need arise, I am also willing to learn more not only about ICT but about any other subject as necessary. Finally, my colleagues are all great and I work really well with each and every one of them.

Every workplace is responsible for the physical, psychological, and social well-being of all the employees. As Occupational Health and Safety Officers, our role is crucial. Our main aim is to eliminate any workplace hazards and minimise unnecessary risks to avoid any serious consequences, which in some cases can be fatal.

As an OHS officer myself at OHSA, my role is to help and guide stakeholders to maintain their business and projects, to ensure that run smoothly and effectively, while fostering a positive and safe working environment.

Vassallo Stephen OHS Officer I

Buhagiar Anthony ICT Administration & Support Officer

Bartolo Saviour Messenger/Driver

I have been working at OHSA for 19 years. This is a very different environment from my previous employment in the construction industry and overseas however I immediately felt at home at OHSA and was welcomed by all the staff and management. I am very happy here and I go out of my way to make sure that I do my job to the best of my abilities – and even go beyond my call of duty. OHSA is like a second family to me, and I will miss working here once I retire.

Busuttil Mariella Assistant Principal (ERL)

During my 5 years working with OHSA, I really got adapted well to the environment, the staff who welcomed me in a friendly way, as well as with the management. Coming from different working places, OHSA also really helped me broaden my experiences - from enhancing my skills and general knowledge I acquired, through the great motivation of staff, especially from officers who constantly do their best in safeguarding workers, especially in the construction field where it involves real danger on working sites. I also learned to appreciate how much work is done behind the scenes and how much time and work is involved in running this entity from top management to the bottom. We all work well together and each and every one of us depends on the other. I am very thankful to be part of such a great team.

I was appointed as chairperson of the Occupational Health and Safety Authority’s board in 2001. The two years when I was in office, were crucial for restructuring occupational health and safety law and policy in Malta. It was a very motivating and challenging time as it coincided not only with the setting up of this new Authority but also with preparing for Malta’s accession to the European Union. The OHSA had just been established as a new Authority with a tripartite OHSA board built upon the work of its predecessor the Occupational Health and Safety Unit by strengthening the regulatory framework on Occupational Health and Safety in Malta for Malta on the subject. The board worked with the executive to build a robust authority that prepared the ground for compliance with EU OHS law

and policy. It was also instrumental in helping with capacity building and training with support from other EU Member States and in finding a new adequate office for it to operate from.

The tripartite nature of the Board made up of government, trade union and employers’ representatives led to vibrant sessions, which highlighted the different perspectives of the board members but I recall that a very solid sense of teamwork developed over those two years. I value the experience I gained from the discussions we used to have to ensure that workers in Malta have the adequately safe and healthy workplace they deserve. I am very grateful to the board members and the CEO as well as the OHSA employees that instilled within me this resolve to ensure a risk-free, healthy and safe workplace. This is also

at the Malta Dry Docks suffered both an accident at work which thankfully he survived due to his personal protective equipment only to succumb three years ago from an industrial disease due to his exposure to asbestos that led to his developing mesothelioma.

This is perhaps why I remain to this day, very perceptive of any

meeting occupational health and safety standards wherever I am. It is with this sense of understanding that I congratulate OHSA on its 20th anniversary and wish it every success in future.

My tenure as OHSA’s Chairperson happened at a very historic time, coinciding as it did, with Malta’s run-up and eventual membership of the European Union. These were challenging times for all. For OHSA it was time to complete its pre-accession compliance programme as well as to identify and map out its role and strategy for the future. This involved various discussions with social partners to raise awareness about salient issues, including the demanding cost-benefit analysis of investing in occupational health and safety.

OHSA crafted an ambitious training and education process involving employees, employers and government alike simultaneously engaging in an institution-building exercise to consolidate OHSA’s own resources. During this same

period, OHSA moved from its offices in Valletta to the ones it currently holds in Pietá – a process that in itself highlighted the multi-tasking capabilities of OHSA’s staff.

On the harmonisation side, OHSA’s work was equally challenging as it sought to create a ‘balanced’ legislative framework. In other words, ensuring that legislation reflected emerging trends, risks and technological innovations, yet remaining user-friendly and not putting undue pressure, particularly on SMEs and micro-enterprises.

On the international level, OHSA continued to forge positive cooperation. I was pleased to host both the Director of the European Agency for Safety and Health at Work and the Chairperson of its Administrative Board. OHSA had also just concluded a very

positive twinning project with the UK and Ireland. This project was heralded as a success particularly because it was the first such large-scale project at a national level. Furthermore, I was pleased to be involved in the launch of a twinning light project with Austria with the aim of strengthening the administrative capacity of OHSA’s institutional building.

OHSA has indeed come a long way since the time I had the privilege to act as its chair. Today I can observe that it continues its efforts to increase its effectiveness and efficiency as a modern regulatory organisation.

I congratulate OHSA on its 20th anniversary and wish it every success in the future. Having served as its Chair during particularly testing times is an honour I cherish to this day.

Ms Roberta Messina Previous OHSA Chairperson

It is very opportune that I am writing this contribution for OHSA’s 20th anniversary publication, having acted as its chairperson for the 5th and 10th anniversaries. During my tenure, by often using innovative approaches, and always operating in observance of strict governance principles, whilst maximising the cost-benefit of all its actions, OHSA managed to bring about major improvements, not only with regards to the number of persons, whether stakeholders or duty holders, who are better informed of their rights and obligations, but also as evidenced in the sustained downward trends observed in the case of occupational injuries and fatalities –achievements which OHSA has sustained to date.

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European Agency for Safety and Health, who during her visit to Malta, described OHSA as one of the most active and impressive focal points in the European Agency’s network. This was complemented by an Agency report that confirmed the progress that had been registered in Malta, as evidenced by the responses given by the majority of the 1,000 participants interviewed on behalf of the Agency.

These successes were also noted by the Director of the

During my tenure, OHSA was also evaluated by a group of evaluators sent by the European Commission. In their report, whilst recognizing the need for greater resources, they also highlighted OHSA’s professional approach and the integrity and commitment of its workers. They also identified a number of operational systems and procedures which they later shared with the

were always high on OHSA’s agenda. Indeed, OHSA and the German Association for Social Security Policy and Research (GVG) successfully concluded an EU-funded Twinning Light project, entitled “Strengthening the Administrative Capacity of the National Labour Inspectorate”. OHSA also made use of EU funds made available to Malta under the European Social Funds (ESF) / European Regional Development Funds (ERDF) 2007 – 2013.

participation in the development of the EU’s Community Strategy for OHS 2007-2011 as well as OHSA’s own action plan for the changeover to the Euro. Another important milestone that was reached was the introduction of administrative fines in 2011, which brought about speedier compliance, a reduction in judicial hardship for all accused persons as well as diminished OHSA’s reliance on the courts of law.

use these as impetus for further positive action. Having a high level of OHS is of paramount importance to one and all, to the workers, to employers, to the government and to society. OHSA is – as it has always beeninstrumental in achieving this.

Looking back at my time as OHSA’s Chairperson, one of the first things that come to mind is “Small but organised in an appropriate way and is well-functioning”. That is how evaluators from the European Commission’s Senior Labour Inspectors Committee had described OHSA, stressing how they themselves had benefited from the examples of good practice they witnessed at OHSA and that the staff at OHSA performed as much work as the much larger organizations within their own countries.

During my tenure, I realized how true these words were, and appreciated the dedication and hard work, often unheralded and unnoticed, put

health and safety on a local level, particularly in the areas of occupational health and

Malta. Discussions were also held with the EU Commission and with the European Agency

On a final note, it is important that Maltese society, in general, understands that occupational

health and safety is a vital factor in our life and should be a top priority on every person’s agenda. I augur OHSA well on its 20th Anniversary and urge all to give their unwavering support to OHSA in its mission to continue shaping our future by improving the levels of occupational health and safety, for the overall benefit of the country, employers and workers.

“ Small but organised in an appropriate way and is well-functioning

Dr Emmanuel Mallia Previous OHSA Chairperson

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Until I was appointed Chairperson to the Occupational Health and Safety Authority, my understanding of occupational health and safety was widely based on my experiences through first my legal profession and later, through specific situations brought to my attention by political constituents who approached me because they found themselves facing the wrong end of the stick following enforcement action being taken by OHSA.

My perceptions changed during my tenure as Chair to the Occupational Health and Safety Authority. I came to realize that the safeguard of the health and safety of workers is no straightforward task – not only because of the

variety of work activities that are performed daily, but also because of the sectoral interests which often go contrary to one another. Neither are the solutions as simple as one may think without having the necessary understanding of the currents at play, the legislative framework or the changing world of work.

Since its inception, OHSA has been a success story. This is evidenced by scientific data which shows a downward trend in both occupational fatalities and injuries as well as a wider awareness about occupational health and safety issued. Indeed, OHSA’s sterling inroads were highlighted in the European Survey of Enterprises (ESENER-3) where Malta registered positive

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improvement in most areas covered in the survey when compared with the previous one carried out 5 years earlier. Always one for innovation, OHSA commissioned an external review of its personnel, the skills required, its operations and its processes to find out whether it can perform more efficiently and more effectively.

My chairmanship also coincided with the onset of the COVID-19 pandemic. Apart from adapting its own operations to reflect current realities as an employer, OHSA also had to address workplaces that reduced on-site operations and shifted them to teleworking. This created a challenge to keep track of health and safety issues at home while dealing with virtual employers and employees. OHS Officers also

“

Since its inception, OHSA has been a success story.

Message from Collaborators

International Contribution from Mr Raimo Antila

Social Affairs and Health, Finland Chair of the SLIC Evaluation of the Maltese Occupational Health and Safety Authority 2016

Social issues carry significant meaning to European states and to the well-being of people on an individual level and at the level of society. Occupational Safety and Health is one of the main principles of the European Pillar of Social Rights as well as being a prerequisite factor of full and productive employment and decent work.

To ensure that labour enforcement in the EU’s Member States has been

applied properly and en-forced effectively and efficiently, the European Commission set up the Senior Labour Inspectors Committee (SLIC) with a mandate to give it advice on all problems relating to the enforcement by the Member States of Community law on health and safety at work. Indeed, one of the main functions of SLIC is to carry out periodical evaluations of each Member State on a regular basis.

The third evaluation of the Maltese labour inspection on the occupational safety and health system was conducted in 2016. I had the honour to act as a chair of the evaluation committee that visited Malta specifically for this reason. My first impression of the Maltese Occupational Health and Safety Authority (OHSA) was that I was about to evaluate real professionals, who were aware of the relevant phenomena of working life in Malta and who knew how to enforce them. During the evaluation exercise, we also found several good practice examples.

The best way to describe the Maltese Occupational Health and Safety Authority is written in the evaluation’s official report: “The evaluation was very well organised. The evaluation team participated in 15 inspections in order to monitor how the labour inspectors carry out their work in practice. These inspections covered a broad range of branches and risk factors. The evaluation week programme was flexible according to the wishes of the evaluation team. The documentation provided to

the evaluation team was comprehensive and the working methods and procedures were explained thoroughly. The OHSA personnel were extremely friendly and helpful. The evaluation team would like to express our thanks to the Maltese hosts. We learned a lot during the evaluation.”

I wish all the best to the Maltese Occupational Health and Safety Authority – keep on doing the excellent work!

. 2016 - SLIC Evaluation

International Contribution from Mr Hans-Horst Konkolewsky

Mr Hans-Horst Konkolewsky Previous EU-OSHA Chairperson

When Dr Mark Gauci invited me to contribute to this anniversary publication, I immediately recalled nice memories of serving as the first director of the European Agency for Safety and Health at Work, and of an exciting visit to beautiful Malta.

The establishment of the Agency came at a critical time for OHS, as in spite of comprehensive EU-directives, the level of work accidents and

occupational diseases was still unacceptably high. A much stronger focus on the practical implementation of EU safety and health regulation and on building a sustainable prevention culture across EU Member States was required. The main objective of the Agency was therefore to support these developments by collecting and disseminating good safety and health practices and by assisting Member States in

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relations with the safety and health authorities and social partners in all Members States and to build a strong network of national Focal Points.

Our collaboration with Malta commenced already during pre-EU accession, and I remember clearly the excellent level of preparation for EU-Membership by Malta, both regulatory and institutionally,

2004, and the opportunity to meet and exchange with Parliamentary Secretary Mr Edwin Vassallo, Minister Dolores Cristina and Permanent Secretary Mr Charles Mizzi. I also joined Dr Joanna Drake, OHSA Chairperson and Mr Joe Zammit Tabona, Chairperson of Malta Enterprise at a Public Talk about Occupational Health and Safety in the 21st Century, and had the

Malta’s cultural landmarks, the impressive St. John’s Cathedral and prehistoric Hypogeum.

I would like to warmly congratulate Dr Gauci and his colleagues on occasion of OHSA’s 20th Anniversary and to express my great appreciation of the excellent work carried out over the two decades, making Malta a reference for safety and health at work.

2004 - EU-OSHA's Director's Visit to Malta

International Contribution from Mr Tim Tregenza

EU OSHA has had the pleasure of working with the Occupational Health and Safety Authority (OHSA) since Malta joined the EU in 2004, during which time it has been an active participant in the work of the Agency.

For the Agency, OHSA plays two key roles; it is the representative of the Maltese Government on the Agency’s decision-making Management Board, and it is the focal point and so responsible for the implementation of the Agency’s work at national level in Malta.

Malta has seen a reduction in the rate of work accidents since 2010, and the ongoing engagement of Malta at EU level is reflected in the new Strategic Plan for Occupational Health and Safety 2022 - 207

Malta’s engagement with the Agency was demonstrated by the early invitation of the then Director Dr Christa Sedlatschek to come with the Agency’s network and hold a focal point meeting in November 2012 –welcoming representatives from across the EU and beyond to the island and showing commitment to occupational

safety and health with the attendance of the then Ministry for Health the Elderly and Community.

A notable contribution to OSH in Malta has been OHSA’s work as a national partner in EU OSHA’s OiRA community. The Online interactive Risk Assessment (OiRA) tools helps micro-enterprises manage health and safety at work through carrying out a step-by-step risk assessment, a process that not only improves OSH but also supports compliance with national law. Currently there are five tools available in both Maltese and English. OHSA’s engagement in OiRA was marked by the participation of the Minister for Social Dialogue, Consumer Affairs, and Civil Liberties in the launch of the first tool in April 2015.

EU OSHA looks forward to a continued positive working relationship with Malta and more success in improving safety and health at work.

Social Partners Confederation of Malta Trade Unions

Mr William Portelli

Vice-President to-date President 2006 - 2015 Confederation of Malta Trade Unions

The Confederation of Malta Trade Unions – CMTU will always acknowledge what the Occupational Health and Safety Authority in Malta (OHSA) stands for. On the OHSA’s 20th Anniversary, the CMTU’s focus on the Institution’s work will be one of a closer relationship than ever before since the relevance of its contribution to the Health and Safety of society in general is imperative.

grow and the need for investment in such an Institution is becoming even more relevant. In fact, during a recent meeting held purposely by the Malta Council of Economic and Social Development - MCESD, the CMTU clearly acknowledged the OHSA’s valid contribution to society and the business community which is of paramount importance to the cause.

The CMTU, being a witness of Malta’s growth of infrastructure and the economy over the past years has also seen the OHSA

At the back of the last 20years’s experiences, the CMTU will continue to insist on a collective effort to improve the

‘The OHSA – An Institution that needs Effective Support for Future Generations’

OHSA’s potential by ensuring that investment in the institution continues with full support by an educational campaign to make the general public more aware whilst highlighting the importance of adhering to the rules that an institution such as the OHSA insists upon.

Investing in the OHSA and its practices will also mean upgrading of its resources and services with higher levels of authority to license and to enforce being of top priority.

CMTU Supports the OHSA to be Innovative and urges all Stakeholders to Invest in the Authority for Future Generations’

Social Partners General Workers Union

Since their inception, trade unions have made improving working conditions as their top priority, particularly in the area of health and safety. A significant decrease in workplace accidents, the improvement of work processes and the recognition of the human factor in industry over the years are due to the efforts of the unions in collaboration with the Occupational Health and Safety Authority.

As the National body responsible for occupational health and safety in Malta, the Occupational Health and Safety Authority (OHSA), we

work closely with its directors and officials by conducting consultations, sharing information on new guidelines and reporting violations as appropriate

As the most widespread union covering all sectors of the Maltese economy, we have always strived to protect workers from workplace injury, illness and death. But we could not have achieved our goals without OHSA's help, guidance and advice. Working together, we have won strong protections against hazards, faulty machinery and poor work practices, as well as stronger rights for workers.

Through unionization and collective bargaining, we have enforced even stronger protections and rights that have given workers a real voice in workplace safety and health. We introduced measures requiring employers to provide appropriate free protective clothing, ergonomic furniture and safe practices. Most importantly, we have worked together to convince workers of the need to comply with health and safety regulations. Training and coaching are fundamental, and our officials and representatives continuously receive training on health and safety regulations.

Over the past 20 years, we have accomplished a lot together, but there is still much more to do, and we continue to advocate for safe workplaces. We believe that in a rapidly

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changing and digitized workplace, an expanded role for OHSA is an essential element in eliminating work-related injuries and fatalities.

In particular, we affirm that OHSA must play a leading role in promoting functional and effective health and safety regulations, worker and employer education, inspection and enforcement. However, high standards and other regulatory tools require a well-trained and resourced

Together, we have accomplished much, and we are committed to working even harder to reduce and, when possible, eliminate every workplace accident, injury or

Strada Teatro - Valletta

Social Partners Malta Chamber of SMEs

The Malta Chamber of SMEs and OHSA throughout the years improved their positive relationship and increased the collaboration between both entities.

As an employer representative, the SME Chamber collaborates in various ways with the Occupational Health and Safety Authority, especially when it comes to consultation on new regulations.

Other collaborations include sharing of information, promotion of public notices, dissemination of information, information sessions and other initiatives.

Dissemination of information is very important for our organisation as we strive to keep our members updated about health and safety regulations to safeguard their own stafety and that of thei emoployees and also to avoid unnecassary penalties.

The Malta Chamber of SMEs and its members offer full support to the OHSA in their mission to improve health and safety at the workplace. It is our belief that health and safety at the workplace is of primary interest to bona-fine businesses since it is their prime interest to safeguard their workforce, because the

workforce sustains the business and many businesses are like families. Health and Safety also has serious liability concerns and, with some basic care and attention, the risks on the business and the owners is greatly reduced.

The SME Chamber and OHSA have worked side by side on numerous projects and campaigns, this includes mental health at the workplace campaign, where we sought to raise awareness amongst SMEs of te consequences of stress at the workplace and how this can be mitigated. Another project included increasing the awareness of risk assessments.

Risk assessments sound like a technical term yet it is a reachable milestone for any enterprise and the work of both entities involved increasing the genral knowledge about risk assessments in terms of how this is done.

The SME Chamber must commend the OHSA for its positive attitide in ensuring regulatory compliance by supporting businesses

Social Partners Malta Employers' Association

President Malta Employers' Association

Since the OHSA was founded in 2002, there has been a change in culture in many work places about the importance of occupational health and safety. Much of this improvement in the work environment has been due to the positive contribution of the OHSA and its ability to connect with employers and employees to ensure safer workplaces. This they have achieved through many awareness raising campaigns, educational activities, enforcement and also working hand in hand with stakeholders to improve compliance with OHS standards.

Over the years, MEA has worked closely with the OHSA, and the Authority has always been considered as a valued partner in bringing about much higher awareness of OHS measures. MEA has conducted numerous activities over the years to promote safer workplaces, and the OHSA has always been available to support us through advice, expertise and participation in such events. These actions have brought about positive results through a drop in accidents at the workplace over the years. During the COVID pandemic, the OHSA played a crucial role in advising employers to contain the

spread of the pandemic.

Although the OHSA is perhaps more visible in high risk workplaces, such as construction, its activities have been spread to cover different types of working environment, ranging from office based work to catering. As an example, the authority has responded to the rise in multilingual workplaces by issuing OHS guidance documents to migrant workers in different languages, which is an important preventive measure.

Occupational health and safety is a sensitive area which requires constant vigilance and

involvement. Employers, unions and employees can never afford to be complacent, even when positive results are achieved.

The OHSA will continue to occupy a critical role in ensuring a safe working environment and the MEA will certainly build on the fruitful relationship that it has enjoyed with the Authority over the years.

Social Partners UHM Voice of the Workers

Mr Josef Vella CEO UHM Voice of the Workers

Looking ahead with a new mentality

Twenty years ago, when Malta’s occupational health and safety watchdog was established, public perception was that this entity would be dealing with occupational hazards associated with the manufacturing industry, manual jobs, and construction. While there has been notable progress in this regard with a significant statistical drop in the injury rate, occupational health should not be limited to safety helmets and preventive apparel to safeguard employees from physical harm.

If this were the case the OHSA would have little or no relevance at all to the rest of the workforce whose duties are

performed from an office, if not remotely from the comfort of their own home.

What about the mental health of employees? How are we tackling work-related stress in terms of productivity levels and job satisfaction but also to safeguard situations which could lead to workplace safety being compromised? It is also an issue of work-life balance as the line between private life and the workplace is increasing becoming blurred.

It is often presumed that a worker’s mental illness develops outside of the workplace. However, an

‘unhealthy’ work environment or a workplace incident can cause considerable stress and exacerbate or contribute to the development of mental illness. Research indicates that ‘job stress and other work-related psychosocial hazards are emerging as the leading contributors to the burden of occupational disease and injury.’

The cost of ignoring the problem is far greater than the cost of developing and implementing strategies to create a safe and healthy workplace.

Throughout the years UHM Voice of the Workers has worked closely and supported

various initiatives to strengthen workplace health and safety in terms of legislation and measures to beef up enforcement. However, it is now high time to place more emphasis on the employees’ mental wellbeing. The shocks from the Covid-19 pandemicwhich resulted in a spike of mental health issues as result of overnight changes in long-established work practices - were an eyeopener. In this respect I believe that OHSA should set the ball rolling to strengthen occupational mental health whether in the form of educational campaigns, legislative reforms, or new

support services.

UHM pledges its full support for any such initiative in line with our approach which focuses more on prevention rather than intervention. I take this opportunity to wish OHSA every success in its endeavours to fulfil its regulatory functions and take the next leap to strengthen its relevance in the years to come.