Occupational Health and Safety Law

The traumatic effects and financial consequences caused by occupational accidents or diseases can be quite devastating for the workers involved and their employers. Unhealthy and unsafe workplaces not only cause immeasurable human suffering to the victims and their families but also impact negatively the businesses’ efficiency and productivity. Productivity losses, retraining, salary costs, criminal, and civil liabilities are some of the potential consequences experienced by employers due to unhealthy and unsafe workplaces and systems.

The Occupational Health and Safety Authority Act, Chapter 424 of the Laws of Malta lays down a generic duty on employers to ensure the health and safety at all times of all persons who may be affected by the work being carried out for such employers. Such generic duty is further expounded through the imposition of other specific duties laid down in a number of occupational health and safety regulations. The Act also lays down a generic duty on workers to safeguard their own health and safety and that of other persons who can be affected by reason of the work being carried out. The same duty is also imposed on self-employed workers.

Malta’s accession to the European Union led to a revolutionary change in the national occupational health and safety legislative framework in particular through the introduction of additional duty holders. Nowadays, the Maltese national occupational health and safety legislative framework also impose a number of duties on the Clients and Project Supervisors involved in construction works. The influence of European Occupational Health and Safety Directives was most evident in the adoption of a preventive approach based on assessment and management of risk. Such approach necessitates the need of having in place a strong and dynamic occupational health and safety management system which incorporates among others, the provisions of risk assessments, management of risks, policies, training, information, consultation, and supervision.

Caruana De Brincat Legal assists clients in drafting custom-made Health and Safety service contracts, termination notices and agreements in instances of dispute. Our office also offers its services to Health and Safety officers, Project Supervisors, Clients (in terms of Work Place Regulation Subsidiary Legislation 424.36) Contractors and employers in exploring the possibility of an amicable settlement, or, where necessary, represents them before the local Authorities, Boards and Courts.