The Malta Independent 7 May 2025, Wednesday
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Government defends White Paper on health and safety, takes aim at PN

Saturday, 24 June 2023, 14:59 Last update: about 3 years ago

The government criticised a statement issued by the PN with regards to the government's proposals to strengthen the legislative framework on health and safety in the workplace, saying that it contains points that are factually incorrect.

The Nationalist Party had criticised the white paper for a new Health and Safety at Work Act as having many shortcomings and not coming up with a way to solve Malta's increased number of construction deaths problem.

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In reaction, the government said: "On the other hand, the government has chosen to engage in a phase of public consultation through a White Paper, ensuring that any eventual changes are well-structured." It said that the Opposition has failed to acknowledge that the Ministry for Public Works and Planning has conducted two separate consultation exercises, each addressing different legislation: Legal Notice 88 of 2018 on health and safety in construction sites, and the principal Act itself, which deals with health and safety not only in the construction sector but in all workplaces.

The government said that while the Opposition's statement refers to the White Paper addressing the Act, the comments are related to Legal Notice 88.  "If this statement is meant to contribute to the government's proposed measures, it seems that the complexity of this evolving sector has not been fully grasped," it remarked.

The government said that one of the main suggestions put forth by the Opposition is based on a model that has been discarded globally, particularly within the European Union, which emphasizes that every initiative should begin and end with government intervention.  It said that this model has become outdated due to the robust growth of the industry and the economy in recent years.

"The government's vision, on the other hand, is that every individual with legal obligations in any workplace should be held responsible for their actions, meaning that everyone must comply with the law without expecting extensive intervention from authorities," the government said.

It said that the lack of substance in the Opposition's consultation exercise is also evident in its reference to structures that exist to a lesser extent in the legislation, such as the Health and Safety Officer, who is appointed and employed by the Occupational Health and Safety Authority (OHSA) to enforce the law.

The government said that if the PN's statement is referring to Project Supervisors, whose role was defined through a Legal Notice in 2004 to ensure health and safety measures are taken on construction sites, it should be noted that amendments to the Construction Legal Notice will soon be published to strengthen this role and provide greater protection as stipulated by law.

"The Opposition's statement also refers to the number of fatalities in the workplace, suggesting an abnormal increase. However, an independent statistical study published towards the end of last year contradicts this, indicating a persistent decrease in work-related deaths in Malta over the past twenty years," the government said, accusing the PN of choosing to ignore the study which is made available to the public, and make baseless statements.

The government said it remains committed to involving all stakeholders through genuine consultation. Following the conclusion of the public consultation, the government, together with the OHSA, will evaluate all the suggestions received regarding the White Paper."

The government said that as the Draft Law progresses, discussions will continue in Parliament, aiming to introduce new legislation for the sector, ultimately enhancing work in the field of health and safety in the country.


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