PM says new health and safety Bill is ‘revolutionary’, PN says it is ‘knee-jerk reaction’

Parliament on Monday started discussing what Prime Minister Robert Abela has labelled a “revolutionary and detailed” Bill on work place safety.

Tabled in the House on Monday, the Bill creates a new legal framework to prevent work place accidents.

Addressing parliament, Abela said preventing accidents is the responsibility of parliament, employers, employees and customers.

The PM said this was a legislative network which would regulate and create a safe system of work. As the Sofia inquiry report stated, the law could not prevent every accident at the workplace. However, the risks needed to be reduced as much as possible, ensuring that there was no weak link in establishing a safe system of work.

While it would create some level of inconvenience, a tighter regulatory regime supersedes injuries and deaths at place of work.

The PM insisted the Bill is not a cosmetic change, but completely revamps legislation, and is based “on today’s realities.”

‘Higher standards and harsher penalties’

Among the changes, Abela explained how the Occupational Health and Safety Authority will be completely revamped, setting higher standards, as well as having the responsibility to propose legislative amendments to reflect new realities. He also said it would be led by a Board of Governors.

The government is set to impose much harsher penalties for workplace safety violations to ensure effective deterrence, Abela said. He noted that in some instances, fines had remained unchanged for 25 years, rendering them ineffective.

Previously, the most severe penalties under Criminal Law amounted to €11,500, while fines for administrative failings were just under €500. This discrepancy often led businesses to risk fines rather than implement necessary health and safety measures. “We cannot allow this.”

Under the new regulations, the maximum penalty for the first breach of criminal law will increase to €50,000 and up to two years' imprisonment, with additional penalties for repeat offenders. Administrative fines will also see a significant rise, with a new maximum of €20,000.

Businesses will have the right to appeal these fines before a special tribunal.

He also said a 24-hour helpline would be available for anyone who seeks to report any illegalities.

Abela emphasised the need for equal protection and dignity for both Maltese citizens and foreigners. He lamented that following any workplace accident, the initial inquiry often focused on the nationality of the worker, which he found shameful.

He highlighted the new legislation included provisions for the appointment of Health and Safety Responsible Officers (HSROs) in high-risk areas. The specifics of this role would be defined by the relevant authority. Abela clarified that HSROs would hold managerial positions and would not override the responsibilities of health and safety officers.

Abela pointed out that, alongside addressing physical injuries, the Bill also aimed to safeguard the psychological well-being of workers.

In his concluding remarks, he stressed that more than legislative measures, a shift in culture was needed. Despite the comprehensiveness of legislation, Abela acknowledged that authorities could not be omnipresent at all times.

Abela underscored the importance of the law for the welfare of society and workers, insisting there should be no compromise when it comes to the health and safety of workers.

‘A knee-jerk reaction by government’ – Opposition MP Stanley Zammit

Addressing the House, Opposition MP Stanley Zammit said that while he agrees with the PM that a culture change is needed, rushing a Bill through parliament “was not the solution.”

He stated the Jean Paul Sofia construction site death was one of many accidents which shocked the country, but government had insisted on not holding a public inquiry into the incident, only for it to succumb to public outcry and holding it eight months after.

“Now government wants to rush it through parliament,” he said.

He said the new law did not provide “much-needed” protection to project supervisors from being dismissed for calling out illegalities. Project supervisors could report to HSROs, but this was not enough. The role of the HSRO was also vague.

“Workers, according to the bill, had a duty to inform their superiors of any situations they reasonably believed to be dangerous. But what would happen if the employers did not act? Would the workers be protected if they then went directly to the authority?” he questioned.

Rather than enhancing the responsibilities of site technical officers, the law introduced a new tier of HSROs in a somewhat hesitant manner, lacking clear specifications regarding minimum qualifications and criteria for appointing HSROs, according to the MP.

“What of a small company with high-risk activities? And would the government and its departments be exempt? Even the composition of the authority’s board of governors was incomplete with practitioners in health and safety having been forgotten. And there were no safeguards from political interference,” he said.

He welcomed the increase in penalties, but insisted on some clarification. “The Bill for example lacks a fine and penalty classification.”