Health and Safety
An employer is required to ensure safe and healthy working conditions for every worker who may be affected by the work being carried out by the employer. Employer has to ensure health and safety of workers by taking into account the following principles of prevention including avoidance of risk; identification of hazards associated with work; evaluation of risks which cannot be avoided; taking of all necessary measures to reduce risk by replacing hazardous with the non-hazardous or less hazardous; giving collective protection measures priority over individual protection measures; and adapting work to the worker with regard to design of workplace, choice of work equipment and choice of working and production methods.
It is also the duty of a worker to safeguard his own safety and health and that of other persons who can be affected by reason of work being carried out by him. It is the duty of every worker to cooperate with the employer and with the Health and Safety Representatives at the workplace on all OSH matters.
Sources: §6 & 7 of Occupational Health & Safety Authority Act (CAP. 424); Work Place (Provisions of Health and, or Safety Signs (Amendment) Regulations, 2015 (L.N. 199 of 2015)
Law requires that personal protective equipment be used when the risks to the health and safety of workers cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organization.
The personal protective equipment is provided free of charge by the employer who has to ensure that the equipment is in good working order and satisfactory hygienic condition by means of necessary maintenance, repair and replacements. Before a worker starts using PPE, he/she must be trained in its proper use and informed about the risks against which it protects. If an item of PPE is used by more than one person, employer has to take necessary measures to ensure that such use does not create any health or hygiene problem for different users. Workers are also under obligation to make correct use of personal protective equipment and return it to proper place after using it.
Sources: §15(2.b) of General Provisions for Health and Safety at Work Places Regulations (S.L.424.18); Minimum Requirements for the Use of Personal Protective Equipment at Work Regulations (S.L.424.21)
Employer has to ensure that each worker receives adequate training on health and safety issues in the form of information and instructions specific to the workstations and tasks assigned to the worker. Such training has to be provided on recruitment; on transfer or a change of job or task; introduction of new work equipment or a change in equipment; on the introduction of any new technology; and on the introduction of new work practices.
The above referred training has to adapted to take account of new or changed risks and repeated periodically when necessary. Training is provided to the workers and workers' representatives at the expense of employer and this training must take place during working hours.
sources: §14 of General Provisions for Health and Safety at Work Places Regulations (S.L.424.18)
Labour Inspection System
The Labour Inspection system in Malta is divided among Department of Industrial and Employment Relations (DIER) and the Occupational Health and Safety Authority (OSHA). The DIER is regulated under the Employment and Industrial Relations Act while the OSHA is regulated under the Occupational Health and Safety Authority Act. Inspectors under the DIER enforce the regulations regarding employment contracts and conditions of employment. On the other hand, Occupational Health and Safety Authority enforces OSH related provisions and carries out inspections to promote health and safety at workplace.
Sources: §15-20 of Occupational Health & Safety Authority Act (CAP. 424); §43 of the The Principle Act No. XXXIIII of 2016
Regulations on Health and Safety
Employment and Industrial Relations Act (CAP. 452)
General Provisions for Health and Safety at Work Places Regulations (S.L.424.18)
Minimum Requirements for the Use of Personal Protective Equipment at Work Regulations (S.L.424.21)
Occupational Health & Safety Authority Act (CAP. 424)