Sofia public inquiry: Name-and-shame framework for construction proposed by OHSA chairman

A ‘name-and-shame’ framework to root out bad actors from the construction industry has been proposed by David Xuereb, chairman of the Occupational Health and Safety Organisation (OHSA).

Testifying in front of the public inquiry board into the death of Jean Paul Sofia, Xuereb argued that a name-and-shame mechanism would serve as a robust tool to weed out diligent practitioners from those who flout regulations.

He added that persons who disregard established protocols “should be stripped of their licence and told to go work elsewhere rather than cause a danger to others”.

Xuereb also said that a reform of the OHSA law is long overdue, although a white paper was published last May.

“We need to see a transformation. We need to go for the highest standards,” he said. “Our industry does not only disrespect workers but also passers-by and especially neighbours.”

OHSA takes the stand in public inquiry

Thursday’s hearing of the public inquiry focused on the OHSA, with the former CEO of the authority Mark Gauci also testifying.

Gauci said that there are 13 officers working at the authority involved in regular inspections. He admitted that the authority struggles to attract staff, and while the OHSA receives resources, it never got the amount of resources it asked for.

He also said that while people might be interested in this line of work, they might not be ready to work as inspectors.

“It takes guts to confront certain persons at the workplace, persons who might turn aggressive and threaten to report them to the minister.”

Gauci insisted that workplace accidents are not on the rise, and instead have reached a plateau.

“The number of fatalities in Malta must be seen in the context of a rise in the number of workers,” he said, noting a double in the number of workers in Malta since the OHSA was set up.

However, Gauci confirmed that 72% of fatalities happen in the construction sector.

Witnesses in OHSA probe all invoked right to silence

Regarding the death of Jean Paul Sofia, Gauci said that inspectors from the authority were on site from day one.

But after proceeding with its own investigation, the witnesses called to testify all invoked their right to silence, he said.

Gauci said the OHSA has embarked on several initiatives to promote the health and safety sector, including reopening a course at MCAST.

However, Gauci pointed to an issue with foreign workers in the construction sector, particularly unregistered workers who are untraceable by the authority.

“Often, police cannot serve a notice of summons. The system is not robust enough. Persons move without changing ID card, and there’s a problem with persons staying in Malta illegally.”

The public inquiry was held at the Maltese law courts, with proceedings presided by a panel that is led by Judge emeritus Joseph Zammit McKeon, the national ombudsman. Lawyers Therese Comodini Cachia, Eve Borg Costanzi, and Matthew Cutajar represented the Sofia family.