Sofia public inquiry | OHSA joint inspections currently on pause due to industrial action

The Occupational Health and Safety Organisation (OHSA) typically conducts collaborative inspections with various stakeholders. However, these inspections have currently been put on hold due to an industrial action, OHSA CEO Mark Gauci said on Friday.

Gauci elaborated on OHSA's ability to track filed commencement notices with the planning authority. This mechanism ensures that OHSA is informed of ongoing works through cross-referencing.

While testifying before the public inquiry board investigating the death of Jean Paul Sofia, Gauci affirmed that OHSA did not inspect the Corradino site, clarifying that such an inspection was not mandated.

“The OHSA is not obliged to conduct inspections," Gauci said when questioned about OHSA's absence at the Corradino site.

He referenced a recent court of appeal judgment that concluded that inspections are not required if no work is taking place during inspectors' visits. "Let history judge, Mr Gauci," Judge Zammit McKeon replied.

OHSA CEO Mark Gauci

Architect Mario Cassar, a member of the inquiry, inquired about the roles of different individuals on a construction project, including the 'competent person,' project supervisor, and health and safety officer. Gauci clarified their distinct responsibilities.

Gauci also addressed how workplace incidents are reported. 

Responding to a question about whether employers need to notify OHSA if a claim isn't submitted to the Social Security Department, Gauci emphasised that OHSA's system parallels international practices. 

He explained that some incidents might not be reflected in official statistics since they are claim-based.

"But given our small country, it's nearly impossible for OHSA not to become aware of serious accidents," Gauci added.

Further inquiry by Zammit McKeon sought clarification on whether near misses or hazardous incidents require reporting. Gauci's response was negative.

Gauci confirmed that, in such instances, it's often the media or the public who bring these incidents to light.

Addressing again why the OHSA did not inspect the Corradino site, Gauci argues that even if inspectors had visited the site, they would not have been competent judges of whether the construction was being carried out properly.

Inquiry member Charles Deguara appears visibly puzzled by this and inquires about the competence of the inspectors.

Cassar bolsters this argument by highlighting that the four-story Corradino site lacked railings along its perimeter.

"Could the OHSA inspectors not have addressed that?" he questions. Zammit McKeon promptly interjects, emphasising that railings were necessary not merely for decorative purposes, but to ensure the safety of the workers.

“Didn’t your inspectors note that? It’s something obvious, even to an illiterate person!” 

The judge expresses his concern that the OHSA seems to be a reactive agency, relying on reports submitted to it or on media accounts of potential hazards.

Insurers want contractors to take out specific insurance policies for each project they undertake.

Adrian Galea from the Malta Insurance Association is up next.

He explains that local insurance providers have shown hesitance in offering year-long coverage to contractors. 

Instead, they prefer contractors to obtain specialised insurance policies for each individual project they undertake. 

Galea informs the board that the MIA is currently engaged in discussions with the BCA regarding this matter, and these talks have reached an advanced stage. 

He asserts the MIA's stance, emphasising that since each project differs, insurance should be tailored accordingly.

Regarding employers' comprehensive all-risk insurance coverage, Galea highlights that a law enacted in 1974 remains unimplemented. 

While the government seeks to make this coverage mandatory, insurers consider it impractical due to the high risk associated with the construction sector. 

"The premiums would be prohibitively high, dissuading purchases," he explains. 

The board inquires about plans to provide construction workers with workplace safety insurance policies and whether employers could turn to insurers in case of policy breaches. 

Galea responds that this aspect hasn't been fully discussed yet. The chair urges him to ensure this topic is addressed and to report back, underscoring its significance.

More to follow.