An agreement was reached between Government and the Opposition, so that officials from the Occupational Health and Safety Authority can assist magistrates in inquiries on grievous incidents at the place of work.
The amendment to the Criminal Code was unanimously passed on Wednesday in the Consideration of Bills Committee in Parliament, and this was announced by Planning Minister Stefan Zrinzo Azzopardi during a discussion of the Financial Estimates for 2023 for the OHSA in plenary.
Zrinzo Azzopardi said that there was a lack of a proper and clear interface between the two institutions, the magisterial inquiry looking into the incident, and the OHSA.
He said that the agreement assures that the impartiality of the magistrate presiding over the inquiry is respected, while imposing clear parameters for OHSA officials to accompany officials appointed by the magistrate to participate.
Zrinzo Azzopardi said that the OHSA can automatically be given the chance to investigate the incident at the place of work itself, once the magisterial inquiry is finalised.
"It is important that while work is done properly, and with all the resources, that these inquiries are finalised in the shortest time possible," he said, adding that speedy enforcement needs to continue during inquiries.
The agreement shows that government has found the means to strengthen the tools of the magistrate as well as those of the OHSA, deeming it an important step forward that a formal, unanimous agreement was reached.
Zrinzo Azzopardi said that the success government wants to achieve in this sector, which affects mostly the construction industry, depends not only on work by government, but also the work done by authorities, the laws in place, funds allocated and the social partners.
"We must move forward to ensure the right for safety and health of our workers," Zrinzo Azzopardi said.
Parliament had been discussing the Bill to amend the Criminal Code so that OHSA officials can give their expert knowledge to the inquiring Magistrate in major workplace incidents.
CEO of OHSA Mark Gauci had said that this would avoid extra work and expenses during investigations of industrial or workplace accidents.
He had also said that this amendment aims to eliminate the possibility of a different result when the magisterial inquiry and the OHSA instigations are concluded.