The public inquiry into the death of Jean Paul Sofia continued on Thursday with the testimonies of two top health and safety officials.
Occupational Health & Safety Authority (OHSA) chairman David Xuereb and the CEO of the same authority Mark Gauci took the stand before retired judge Joseph Zammit McKeon, Auditor General Charles Deguara and architect Mario Cassar to answer questions about health and safety on construction sites.
They were grilled extensively about the OHSA’s enforcement capacity, with Xuereb saying that the authority had requested an increase in budget which would have allowed them to employ 45 enforcement officers – over triple the current complement.
This budget however never came, particularly amidst concerns that the authority would not be able to find the necessary human resources to take up the posts.
Gauci meanwhile also discussed the enforcement issue, and also insisted that – contrary to public perception – workplace accidents have decreased, as they must be taken within the context of a growing working population.
He also gave details about the OHSA’s own investigation into the death of Jean Paul Sofia, saying that the authority’s remit was extremely limited.
Sofia was killed at the age of 20 last December when a partially constructed industrial building he was delivering tools to collapsed with him in it. Sofia died underneath the rubble. Five people, including the project’s developers, architect, and contractor, have been charged in connection with his death.
The inquiry was set up by Prime Minister Robert Abela in the wake of public outcry after he had initially resisted calls by the family and others. Parliament had voted against an Opposition motion to establish the inquiry, but in a colossal U-turn Abela changed his mind four days later.
The inquiry is led by retired Judge Joseph Zammit McKeon – who was recently appointed as Ombudsman with the full support of Parliament, who is joined by Auditor General Charles Deguara and court expert and architect Mario Cassar.
Last week, Sofia’s mother Isabelle Bonnici testified along with ministers Clyde Caruana and Stefan Zrinzo Azzopardi.
You may relive the live commentary from the sitting below.
12:24: That's it for today, thank you for following. The next sitting takes place tomorrow morning.
12:23: Court Deputy Registrar Franklin Calleja is summoned next.
He is asked how many cases were filed before the magisterial courts on workplace accidents in the last five years, how many were construction incidents, and how many were decided.
Between 2018 and July 2023 there were 895 new cases and 758 decisions, Calleja says.
However this figure does not include cases like that of Sofia because they are classified by their principle charge – which in Sofia’s case is involuntary homicide.
On how many were construction incidents, Calleja says that because this is a matter of fact, it is not something which he can get into.
He says that there were four magistrates handling such cases. There were 29 appeals filed, 25 of which were decided and four of which remain pending, the earliest of which being from 2020.
Calleja’s testimony ends.
12:18: Police Superintendent Denise Miruzzi Mula is the next witness of the day.
She says that she has a statistic on charges received from the OHSA between September 2018 and July 2023.
She says that 526 charges were appointed in this period, 516 cases were decided, and 119 are pending.
The difference in numbers is down to cases which were still pending from prior to September 2018.
These are at the request of the OHSA and are not only related to construction site accidents.
That concludes her testimony.
12:15: Zammit McKeon says he only requires information from the Assistant Police Commissioner – who is testifying in lieu of his boss, Police Commissioner Angelo Gafa.
Haber however interrupts and says that the requested information is not in the police’s hands.
Zammit McKeon gives a run-down on what was requested: how many cases related to workplace health and safety offences were taken to court, how many are pending in court, how many have been decided, and how many are still to be charged.
Haber clarifies that there are certain cases where the OHSA does not get involved. That in itself does not mean that the cases do not make it to court, but much more logistical work is required.
Haber says that he needs another two or three weeks. Zammit McKeon – who is perhaps in a charitable mood – gives him three weeks, but warns that the clock is ticking.
Haber is dismissed and his testimony ends.
12:10: There is some conflict here between what Gauci is insisting and what the previous witness David Xuereb testified, particularly on the OHSA’s website.
Xuereb had testified that the website was in a “disgraceful state” and was down for a number of months, while Gauci says that there were no problems and that it simply had to be updated.
Gauci’s testimony is suspended – he will be re-summoned for cross examination by the Sofia family at another sitting.
Assistant Police Commissioner Kenneth Haber is up next.
12:03: Auditor General Charles Deguara points out that the number of deaths on the workplace has increased, but asks whether there have been work incidents which are simply not being reported.
Gauci says that one cannot simply quantify incidents to the numbers and stop there. He says that one needs to speak about trends, not numbers in isolation from one year to another.
Comodini Cachia – who has been told to reserve her questions for Gauci for another sitting, as this morning is turning into a marathon – rises to point out that she has in-hand the numbers which the board is requesting as Gauci himself has provided them in response to a Freedom of Information request.
Mario Cassar now speaks. He points out that he was on more than one occasion involved in magisterial inquiries, and that he remembers two particular cases which dealt with workers who were not registered and chose not to answer, and the OHSA inspectors did not attempt to verify the identity of these workers.
He points out that this meant that the inquiry could not even identify these people as the developers refused to speak as well.
Gauci agrees, firstly, that this is a problem, but says that many of these people are “untraceable” and that there are some who are in Malta illegally.
The OHSA however does not distinguish based on this: “An illegal immigrant still deserves to be protected on the workplace, but then it’s up to JobsPlus to see their part.”
11:52: One of the problems in the country, he says, is that it is rare that court cases result in effective imprisonment for the offenders, but rather they are given fines of a few hundred euros.
There needs to be a full reform of the law – something which goes beyond the White Paper, Gauci says.
He says that no Minister has ever shown any interest in making the necessary changes to the Act governing health and safety itself, and replies in the affirmative when Zammit McKeon points out that Malta’s entry to the European Union was a good thing because it obliged certain directives.
The only time that a politician showed interest, Gauci says, was current Planning Minister Stefan Zrinzo Azzopardi. “I am not a person who gets involved, but it’s a fact that he was the first to properly take note of it,” Gauci says.
He details some of the reforms which have been announced in the White Paper, and the role given to social partners as well. These social partners are represented on the OHSA board, something which Gauci says he does not necessarily agree with, which means that he must be cautious due to potential conflicts of interest.
11:44: Zammit McKeon begins to refer to the death of Jean Paul Sofia, and asks – in general – what the OHSA has done in relation to it.
Gauci says that there were three OHSA officers on site and began investigating immediately independently from the magisterial inquiry.
Board member Cassar points out that the officers could not enter the site at the time.
Gauci continues that a court application was filed for OHSA officers to testify and ask questions to individuals, but this wasn’t upheld by the inquiring magistrate, which he says happens from time to time.
The OHSA’s investigations continued, but all those involved on the site invoked their right to silence and refused to answer questions. This created certain limitations for the OHSA, he says.
Zammit McKeon asks whether the board had sought such information, to which Gauci says that the matter was discussed with a board a number of times.
“Generally speaking, were there lessons to be learned for the authority?” Zammit McKeon asks.
Gauci says that he must be careful not to reveal certain confidential information, but he can say that the role of the OHSA in that incident is extremely limited, so much so that – and here he points that he doesn’t want to prejudice the investigation.
Zammit McKeon stops him before he can go any further and says that what interests the board is whether, independently from any steps the OHSA has taken against anyone, there is any method in how the OHSA’s work can improve.
“The simple answer is no,” Gauci says as the OHSA has already been proactive in initiatives of this nature.
11:34: Construction is the sector which sees the most incidents. 32% of workplace fatalities in fact are on construction sites, he says, which is higher than the European average – but only because there are certain industries which do not operate in Malta or which operate in a very small scale.
Gauci begins to refer to the manufacturing sector, but Zammit McKeon stops him again and says that if he is simply to say that Malta is “within the norm” by having this number of incident, isn’t he sending a message that those who are cowboys can remain cowboys.
“You are totally correct, and I understand your point, but I am giving scientific information,” Gauci replies.
He continues by saying that he has the obligation to speak of the problems in the sector and criticise the cowboys, but that he also has the responsibility to give the full picture in the court room.
Zammit McKeon refers to the third and fourth of the inquiry’s terms of reference, which deals with whether the State had enough measures – preventive, enforcement or otherwise – to protect the health and safety of workers, and to prevent their injury or death on the workplace.
Gauci says that he is right to say that he may be sounding apologetic to rule-breakers, but adds that he believes this to be the opportune moment to present an overview from the European Commission on the OHSA’s work and his own analysis on this.
11:27: Gauci says that there are a number of misunderstandings in the perceptions.
He says that one of them is the perception that the number of incidents is increasing; in actual fact, he continues, they are decreasing.
Zammit McKeon interrupts: “So you are saying that even though the number of people working has increased, but officially and unofficially, the proportion of incidents has decreased?”
When it comes to workplace injuries, Gauci says, the number has decreased, but the number of fatalities has increased.
The statistics aren’t everything, he says. The numerical value of a fatality in Malta is small: Malta can have 4 fatalities whereas Italy can have 700, but it’s the rate that counts.
One must see the increase in fatalities within the context of the growth of the working population: the working population has doubled between 2001 and now, he says.
Zammit McKeon asks whether Gauci agrees that the majority of incidents were in the construction sector. Gauci does agree.
“So the problem we have – and if we are true to ourselves, we need to recognise – is in construction. You’re in the streets like I am, you see everybody do what they want… so is this a correct picture?” Zammit McKeon asks.
There are no simple answers, Gauci says.
11:20: Gauci says that even in order to prevent corruption and for inspectors to feel safer, inspections are usually done in pairs – something which he says he had faced resistance for initially, but which has now been introduced as best practice in Europe as well.
In cases where inspectors are threatened, then police assistance is sought, but Gauci says that in the last five years there were less than 10 occasions where this was required.
Zammit McKeon praises the idea, but questions how when doing this, the authority is reducing its potential for inspections by half. “It is a dramatic situation… I’m not saying it’s A, B, or C’s fault, but I’m looking at figures, as the question comes by itself: as far as you know, how many workplace incidents pertaining to the construction sector there were in the last five years?”
Gauci says he doesn’t know off-hand and earns a rebuke from the retired judge, who says that this was one of the things requested of him when he was summoned to testify.
He continues that the obligation of the employer to report an incident to the OHSA is still there, and that there is an obligation to report when the accident causes at least one day of sick leave – something he says is more onerous than European regulations, which specify four days of sick leave as the threshold.
11:14: Zammit McKeon says that it is obvious that Gauci will say that these 13 people are not enough, but he asks whether the efforts to increase these human resources found any obstacles from politicians or doors closed.
Gauci says that the OHSA is conscious of the fact that it needs more resources – not just on enforcement, but in other areas as well – and it has been asking for more resources since the very beginning.
In the past years, Gauci says that there was always a request for more money from the government and that this amount is always more than what the government gives.
Gauci continues that there were times when the OHSA’s Human Resources Plan was not approved – as is the case with other authorities, he points out.
He says that there are plenty of competent people out there, but finding people who are competent, are trained on the necessary areas, and who are interested in acting as inspectors is another matter.
“They do not have…” Gauci cautiously begins; “I’ll say it for you… they do not want to get into other people’s business [jilhaq salib haddiehor],” Zammit McKeon interjects.
Gauci nods: “You need to have guts,” he adds.
11:08: Zammit McKeon moves on to enforcement. He asks how many enforcement officers the OHSA has had over the past five years, and whether they were limited to the construction sector only or to all workplaces.
Gauci says that it is important to point out that the OHSA does not only work on the construction industry, but with every other sector. He continues by saying that OHSA has 13 inspectors – one less than what Xuereb said earlier in the day.
It is good to note that Gauci, as a witness, was not in the court room when Xuereb was testifying.
Gauci tries to bring forth a European statistic comparing the work of health and safety authorities across the continent, but Zammit McKeon stops him: “We are not mounting a defence here […] Jean Paul Sofia unfortunately died in Malta, not in the UK.”
Gauci is asked to list the names of the OHSA’s enforcement team, which he duly does, and gives an explanation of the hierarchy of how the team works.
11:01: Gauci is asked about the regulations which apply to construction sectors, and explains that occupational safety regulations apply to all sectors – not just construction – and they must also respect directives from the EU.
He says that the OHSA has no competence to intervene when there are, for example, environmental considerations or on the structure of buildings.
OHSA officials, he says, are not competent to identify whether a building is safe or not – this is a competence contemplated for under other laws.
He says that one of the known problems is that a high proportion of causalities are foreign workers, and therefore the authority works with JobsPlus to even see whether workers are skilled and registers.
If you look at charges, one notes that beyond the OHSA charges there are also those from JobsPlus when the worker is not registered, Gauci says.
10:54: Mark Gauci has been the CEO of the OHSA since the authority was started in 2001.
He makes a declaration that he is a technical person and that if he does say anything which may be construed as insensitive, then it is not his will, but he is attempting to be as objective as possible in his testimony.
Gauci will be departing the role in two months as he will be retiring. He is asked whether his replacement has already been identified, but Gauci says he is not involved in the process.
“Are you going to retire with serenity with what you’ve done?” Zammit McKeon asks.
“Yes, I’ve always worked and acted with integrity, and I’ve always given what I thought to be the best advice. I never gave any politically-motivated advice or advice which is against the best interest of health and safety, so I have a clean conscience that I acted correctly. I am not saying that I never made mistakes, but they were not intentional and I always acted to fix them when they happened,” Gauci says.
10:49: Comodini Cachia asks what power he has to ensure that the health and safety of workers is considered by the BCA in the policy it draws up.
Xuereb says that the meetings are very long, and that a point of discussion which is always there concerns the safety of workers, but that his competence is largely on sustainability of the industry.
Comodini Cachia completes her questioning, and the State Advocate’s office says that it has no questions to add.
Zammit McKeon now obliges Xuereb to present a copy of the government’s White Paper on occupational health and safety, board minutes from when this White Paper was discussed, the OHSA’s business plan, and the board minutes from March 2023 when Jean Paul Sofia’s death was discussed.
Xuereb points out that the board minutes are confidential, but Zammit McKeon says that the research of the truth is paramount, as is transparency, but that he is interested in what is relevant to the inquiry.
The State Advocate’s lawyer rises to interject. “You have to trust the board of inquiry to see what is relevant,” Zammit McKeon says.
Comodini Cachia points out that what the board deems relevant must be made public.
Zammit McKeon agrees, to which the State Advocate’s lawyer tries to refer to the fact that things can be done behind closed doors.
Zammit McKeon eventually resolves that the board will see the documents and that “anything which is a state secret will remain a state secret.”
Xuereb is dismissed, and OHSA CEO Mark Gauci is summoned to the witness stand.
10:41: She asks whether there has been a drive to address the problems relating to recruitment.
Xuereb says that even those in the market today are finding difficulties to employ people who are skilled, but says that what is certain is that more outreach to create interest at all levels of society is needed.
Comodini Cachia asks about Xuereb’s answer on whether there is a conflict of interest between his work at the OHSA and the BCA, where he said that the BCA is responsible for third party interests and construction site enforcement while OHSA is responsible for health and safety for workers.
She asks whether the BCA therefore takes into consideration the health and safety of workers, to which Xuereb pauses for half a second and replies that it does, but that the enforcement of this is in the OHSA’s hands.
Xuereb says there is an “overlap” but not a “conflict” in the two roles, particularly as at OHSA he is chairing a board which deals with the governance of the authority and not the operation of it.
10:36: Comodini Cachia now speaks about prevention and protection.
Xuereb says that CEO – who is to testify later today – can give a better answer, but the OHSA does the best to transmit the necessary information, especially to the public so that if there is something wrong, they have the awareness to report it.
This being said, Xuereb says, that the OHSA’s communications and PR department is “very poor” and that this was one of the things addressed in the authority’s business plan.
10:32: Discussion is revolving around a strategic plan which the OHSA had published some years ago and which can be found on the authority’s website. This is different to the business plan which has been referred to during the sitting, but includes a point referring to construction site safety, the abilities of foreign workers, and the disproportionate amount of injuries they suffer.
Concretely, one of the things which must be addressed as a priority is the ability that duty holders are the people who are adequate for the job, Xuereb says.
“We have to see a risk assessment and see we need an induction for foreign workers for whatever reason – be it because they lack competence or even need to learn English – then the duty holder must take action.”
So if OHSA finds a problem, it goes to the duty holder and tells them that it’s their problem and they must act, Comodini Cachia asks, to which Xuereb replies in the affirmative.
“The OHSA is a regulator not a duty holder on site,” Xuereb says when Comodini Cachia asks what exactly the OHSA does then.
10:24: Comodini Cachia is now asking for details about the inspections which OHSA officers do.
Xuereb says that there are specialised inspectors and they are mapped out according to their capabilities.
On the case of Jean Paul Sofia, now: Xuereb said that the OHSA had not received any form indicating that construction on the site had commenced or even who was licensed as the person responsible for health and safety on the site.
One of the criteria on this form is to stipulate how many employees are on site. Xuereb clarifies that this has to be filled by the developer. Details on what skills employees may have is held by JobsPlus, Xuereb says, which is why he had offered the suggestion of a fully integrated database where authorities can have access to this information.
What is certain is that JobsPlus are going with OHSA to regulate employment matters on sites as well, Xuereb says.
10:15: Comodini Cachia asks whether there would have been any meetings with the Finance Ministry to negotiate this budget request.
Xuereb says that there would have been, and the CEO would have been involved, not the board.
She now refers to €500,000 outlined in the Budget for “building and construction initiatives” and asks whether the OHSA was involved in such initiatives.
Xuereb replies that he is not aware of any such initiatives.
She now asks about the White Paper on new health and safety regulations – which was issued last April – and whether the law firm which drafted this was engaged by the ministry, to which Xuereb replies in the affirmative.
He says that the OHSA board was not consulted in the process of the drafting of the new regulations.
The White Paper was presented to the board for their reaction, and they signed it off before it was announced. Their reactions are documented in a board meeting, which was duly minuted, and which Zammit McKeon asks him to present together with board minutes of when Sofia's death was discussed.
10:10: Therese Comodini Cachia, representing the family, now rises to ask questions.
She goes back to the budget which the OHSA had requested – an additional €2 million spread across three years – and refers to the Budget 2023 documents, saying that the approved estimate for 2022 was of €1.4 million, and in 2023 this was €1.5 million.
“So I am understanding that while for a business plan starting in 2022, you asked for an increase of €2 million, you got an increase of €100,000,” Comodini Cachia asks.
“Yes that’s right,” Xuereb says, but he contextualises this with what he said earlier in the sitting that this depended on tendering matters – where there were significant bureaucratic issues – and on actually having the skilled human resources available to employ even if the authority had the money to do so.
10:05: The third board member, Auditor General Charles Deguara, speaks for the first time today and asks about the number of inspections which are done.
Xuereb says that around 4,000 inspections are done every year and these vary from being as a result of reports, requests by the supervisor itself or casual inspections.
“The truth is that the resources are limited,” Xuereb says, again referring to the fact that they are working with a third of the necessary numbers.
Xuereb says that he receives a number of phone calls from people who complain about the OHSA being harsh with them.
Deguara mentions the Sofia case specifically, saying that because there wasn’t even a commencement notice filed then nobody could call.
09:59: Questioning swings back to Zammit McKeon:
“We need to ensure that we are not giving the impression that we are living in fairyland or Disneyland… if you leave court, the impression you get is that the construction sector is the industry of ‘who cares’ and that everybody does what they want…”
“What is the OHSA doing at this level, where it seems that even a safety hat is optional? How are you going to fight this shocking mentality?”
Xuereb says that everyone who knows him knows that he compares the construction in Malta with the best I know, which is in London “where any problems that you mention do not exist.”
“The word is honesty and respect – that’s the standard,” he says.
Xuereb says that as far as five years ago he had already been proposing a scheme to license and train contractors, but the fact is that this would mean that a lot of people in the sector now would not be capable of working in it.
One of the key parts of institutional reforms, he comments, is that the government and public authorities set the example by using public funds for those who truly follow health and safety regulations.
09:50: Cassar asks whether there was a board meeting to discuss the Sofia incident. Xuereb says that there was, and it is later clarified that this took place in March 2023 – some four months after Sofia was killed.
09:47: Cassar now asks about the role of the Site Technical Officer (STO) – who is the person nominated by the contractor of the project to be responsible for the management of the project’s method statement and the health and safety of those on site.
“Do you think that there can be a conflict of interest if the contractor appoints the STO?,” Cassar asks.
Xuereb replies in the affirmative, saying that he has never seen the role of STO anywhere outside Malta. Other countries, he says, have project managers who are appointed by the developer or client, and then a health and safety officer distinct from the person.
Cassar asks whether the method statement – which can be described as the process which will be followed by the contractors in doing the project – should be presented at application stage, and not after.
Xuereb agrees with this idea as well, adding that there has to be a digital repository for these which would be a “gold mine” to ensure that things have been done properly.
09:43: Board member Perit Mario Cassar now begins asking questions. He first asks about the MoUs which Xuereb mentioned, to which the OHSA chairman replies that the pity is that the MoUs are necessary to establish relationships “which should be second nature.”
Cassar seeks answers on a couple of technical matters, first relating to the commencement notice – which is the notice submitted by the project architect to the Planning Authority in order to state that the works have begun – and whether all authorities over and above the PA should be informed.
Xuereb says that he agrees and goes a step forward by saying that there should be a centralised digital system which encompasses the PA, BCA, OHSA, and even JobsPlus in order to regulate who is working in the sector.
09:36: Zammit McKeon asks whether there exists a health and safety course at MCAST, to which he replies in the negative.
The retired judge points out therefore that the only course is at the University of Malta which is a diploma. Xuereb does not recall the details on when it was founded.
“I am saying this because I had founded it and I lectured extensively until I became a judge in 2009,” Zammit McKeon says.
09:32: Zammit McKeon asks whether Xuereb monitors the course run by the University of Malta’s Centre for Labour Studies, to which he says that he believes that he had asked about this once but doesn’t have an exact indication on how many people are studying for the degree.
“I expect you to know this, as this is clearly a concern for you…” Zammit McKeon tells the architect.
Xuereb replies that the OHSA is placing more focus on education at MCAST, and in adding elements relating to risk management within the industry to the courses.
He says that the authorities - both the OHSA and BCA - also try to effect collaborations with various entities, and even between themselves, to work more effectively.
09:30: Following a couple more questions, Xuereb says that no minister ever gave any form of policy or written direction of where they wanted the authority’s direction to go.
Zammit McKeon asks for details on the implementation of this business plan and on how much funding the authority had sought.
Xuereb says that the business plan sought the increase of the enforcement staff from 14 to 45 people and the increase in administrative staff as well.
In terms of funding, the increase contemplated for was of €2 million spread across three years.
These were approved by the board, but “we always had delays” from a procurement side, Xuereb says.
On a resources level, there has not been the opportunity to do anything more than replace those who leave, Xuereb continues.
He points out that there is also the lack of skilled workers for the job at hand for the OHSA to choose from, adding that the diplomas which used to be at MCAST no longer exist. This is an important preamble before considering the money aspect – money which he admitted was never granted.
09:24: Zammit McKeon asks whether Xuereb has ever done any enforcement work himself, to which Xuereb replies that he isn’t even able to as the board runs at an “arm’s length” from the authority’s executive.
OHSA’s board is composed of nine people, Xuereb replies to Zammit McKeon.
“So you have a board of nine people, and 14 inspectors,” Zammit McKeon says, to clarify. Xuereb replies in the affirmative.
Asked what the role of the board is, Xuereb says that it looks into and handles the authority’s business plan which is presented to it and then identifies the deficiencies where necessary.
Xuereb says that one such deficiency identified was that the number of enforcement officers needs to triple from 14.
09:19: Zammit McKeon lists out a scenario: if a building falls or an accident occurs, then it is the OHSA which is responsible and not the BCA.
Xuereb agrees with that assertion.
Zammit McKeon asks whether there are overlaps between the BCA and the OHSA, to which Xuereb replies that one must not forget that the OHSA does not only have to deal with the construction industry in terms of workplace safety, although it dedicates a hefty chunk of resources to this industry.
The board chair now asks about the enforcement of the BCA’s regulations, and asks how many people are employed by the authority to enforce these.
Xuereb says that he isn’t sure about the exact number but thinks that there are around 20 employed. That number is the same as the one given by Planning Minister Stefan Zrinzo Azzopardi last week.
Zammit McKeon now asks about how many enforcement officers are employed with the OHSA, to which Xuereb replies that there are 14 such officers employed, having increased from 12 in around February or March 2022.
These 14 enforcement officers are responsible for enforcing health and safety in every industry and workplace on the island.
Zammit McKeon asks whether this number changed after the death of Jean Paul Sofia.
“As far as I know, it remained the same,” Xuereb replies.
09:14: Zammit McKeon asks whether he saw a conflict between being a director of the BCA and the chairman of OHSA.
Xuereb says that he had asked about this before he accepted the post, even when he was still working on matters relating to ESG - Environmental, social, and corporate governance – and was assured that there was no conflict.
He explains that his primary role at the BCA was in the areas of transforming the construction industry in line with the principles of sustainability, which encompasses matters such as energy performance certificates and environmental practices.
Zammit McKeon however repeats the question, specifying on the relationship between his BCA and OHSA posts.
“In my head, no,” Xuereb replies on whether there is a conflict of interest.
BCA focuses on construction and bringing seriousness into the industry but has no health and safety responsibility, he says.
“What you are saying is that your role as director of BCA was not in conflict with that of OHSA because the BCA does not do any enforcement on health and safety regulations? Is that what you are saying?,” Zammit McKeon asks.
BCA is not responsible for health and safety – that’s why OHSA is there, Xuereb says. He continues that the BCA regulates the quality of the industry, while the OHSA is responsible for occupational safety in construction and other industries.
09:09: Xuereb says he was approached by Minister Aaron Farrugia back when it was set up, in around March or April of 2021.
Zammit McKeon outlines the sequence: Xuereb was first at the BCA, then the OHSA, and then the MCESD.
Xuereb specifies that these were not roles that he had requested himself, but ones where he had been offered them.
09:07: Perit David Xuereb is the first witness of the day. He is the chairperson of the MCESD and, more importantly for this inquiry, the non-executive chairman Occupational Health & Safety Association (OHSA) - a post he has held since late 2021. He is also involved in the Building & Construction Authority as a director.
09:05: Court is in session and the first order of business is the board's chair - retired Judge and current Ombudsman Joseph Zammit McKeon - tabling the proces verbal of the magisterial inquiry in court.
At the request of Threse Comodini Cachia - who is representing the Sofia family - a declaration is made to specify that the inquiry is only for reference purposes in matters specifically related to the terms of reference of the public inquiry.
09:03: Good morning, we are live from court room 22 for the second session of the public inquiry into Jean Paul Sofia's death.
Before we get proceedings underway, the inquiry board has launched the following email address in order for any persons wishing to testify to make contact with them there: [email protected]
Contact with the inquiry is only possible through this email address, the board said in a statement.
Any person who wishes to testify under oath in the Inquiry has not later than 31 August 2023 to express interest by indicating:
a) name and surname
b) address
c) identity card
d) object of proof to be presented to the inquiry.
Admissibility and relevance of any witness will be determined at the sole and discretion of the Board.
Any decision by the Board to admit or not to admit a witness is not subject to reconsideration or appeal.