New bill sparks OHSA controversy: PN calls for scrutiny of proposed amendments

The government has presented a bill that aims to streamline the magisterial investigation system in the aftermath of workplace accidents, but the Nationalist Party has expressed concerns about the role of the Occupational Health and Safety Authority (OHSA) in these inquiries.

The Nationalist Party (PN) called the proposed amendments "half-baked" and "dangerous," claiming that they would allow for external interference in the magisterial process, which could compromise the rights of both victims and accused.

Currently, the OHSA has the authority to investigate all matters related to occupational safety, including death or injury, but it is not involved in magisterial inquiries, which are appointed for every major workplace incident.

There are 87 pending inquiries dating back to 2015, and the government aims to streamline the system by involving the OHSA directly in the court investigations.

The PN has emphasised that while the OHSA should be informed of inquiries, allowing it direct access to inquiries is a step too far. It claimed that this would mean allowing an external authority to interfere with the magisterial investigations, potentially breaching the rights of the victims and the accused. The statement was signed by MPs Stanley Zammit and Karol Aquilina.

The government, however, has defended the bill by claiming that it was proposed following criticism from the European Commission's Senior Labour Inspectors Committee regarding Malta's current system of having magisterial inquiries held separately from OHSA investigations.

The government argues that the amendments would ensure that the magisterial inquiry is concluded only after the OHSA's analysis is taken into consideration, and that the OHSA's involvement would not change the way that magisterial inquiries are carried out.

In response to the PN's criticism, the government has stated that the amendments will not lead to interference by the OHSA in magisterial inquiries into workplace accidents.

"In fact, the proposed amendment will not change anything in the way that magisterial inquiries kick off or proceed," the government has said.

However, the PN has called for greater scrutiny of the proposed amendments and their potential consequences, emphasising the importance of maintaining the independence of the magisterial process.