PN MP Stanley Zammit has presented a private member’s motion in Parliament, proposing a series of amendments to the government's recently published legal notice regulating health and safety requirements on construction sites, arguing that the changes would make the law clearer, more enforceable, and better aligned with workers’ rights and industry realities.
In Parliament on Monday, Zammit presented the motion which calls for the 2025 Occupational Health and Safety (Minimum Requirements for Health and Safety at Work on Construction Sites) Regulations - Legal Notice 52 of 2025 - to be revised.
The PN’s proposals include 11 specific amendments that seek to expand definitions, clarify obligations for contractors and clients, and introduce new measures to ensure qualifications and accountability in the sector.
Zammit said that this legal notice has a direct impact on the lives and health of hundreds of workers on construction sites, and therefore must be governed by the highest standards of transparency, legal clarity and effective enforcement.
He said that the bill which was presented is “by no means a complete law,” and was rushed and incomplete, tabled just a few days before the summer recess of Parliament for partisan reasons, “to appear as though something was done in response to the Jean Paul Sofia public inquiry and not in the best interests of workers.”
It suggested that any reform to the OHSA Act should take place only following a broad consultation process with stakeholders in the field, including workers’ unions, employers, and professionals involved in occupational health and safety.
The PN proposed to broaden the definition of a “domestic client” to include anyone carrying out or using minor works on their property, not just those living in the premises.
It also introduces a definition for “domestic project” to cover minor works involving one or more contractors or self-employed persons, provided the work does not require a licensed builder or contractor under the Building and Construction Authority Act.
A new definition for “substantial modification” was also proposed to include any major extension, redesign, or contractor/supervisor change that affects safety obligations.
The PN motion proposes replacing the current regulation around written agreements for project supervisors with a clause that obliges all duty holders to ensure legal provisions are followed at every stage of the project.
Any written agreements that contradict the law would be considered null and void, Zammit said.
It also calls for a supervisor to be appointed during the project’s design stage, to ensure health and safety principles are integrated from the outset through to future use and maintenance.
The motion also proposes stricter conditions for representatives of domestic clients: such individuals must be permanent residents of Malta for at least three years and meet specific criteria to be established by the OHSA. The authority would also maintain a register of qualified persons for such roles.
Furthermore, the PN is proposing the introduction of a mandatory “Health and Safety Skills Card” to be issued by the OHSA, which would become a legal requirement for contractors and workers alike by 1 January, 2027.
The motion also outlined rules for ongoing projects during the transition to the new regulations, giving the OHSA the power to issue guidelines for partial compliance and supervision appointments during the interim phase.
The PN is also calling for the OHSA to submit an annual implementation report to Parliament to ensure transparency and oversight.
Zammit said the proposed changes aim to “strengthen legal clarity, improve workplace safety, and ensure that the laws are actually enforceable on the ground.
He said that the PN’s amendments to the legal notice are constructive and responsible, putting the national interest first to ensure the OHSA remains effective, independent and able to carry out its duties, without fear or favour.
In response to the PN’s motion, Justice Minister Jonathan Attard and PL MP Naomi Cachia presented a countermotion on behalf of the Labour parliamentary group, defending the government’s reform efforts and laying out proposed textual revisions to strengthen the legislation.
The countermotion said that well before the conclusions of the Jean Paul Sofia public inquiry, the Ministry for Justice and the Reform of the Construction Sector had already been implementing measures and regulations to improve occupational health and safety, particularly on construction sites.
These reforms, the government says, were detailed in a report issued a year after the Sofia inquiry and debated in Parliament, Attard said.
Attard said that the government had the courage to reform the sector after “more than 20 years of complacency” and engaged in public consultation and ongoing dialogue with key stakeholders, many of whom recognised and welcomed the progress made.
The countermotion provides a clearer framework of responsibilities for those involved in construction sites, clarify legal ambiguities, and offer protection to project supervisors while recognising the legal competence required for their appointment.
Legal Notice 52 of 2025 includes positive elements that align with EU directives, notably the mandatory appointment of a health and safety project supervisor, notification requirements to the authorities, and defined powers granted to the project supervisor, Attard said.
Attard mentioned extensive consultation that preceded the legal notice’s implementation, including agreements with the Malta Occupational Safety and Health Practitioners Association (MOSHPA), the Union of Health and Safety Practitioners (UHSP), and the Malta Developers Association (MDA).
Further, the OHSA board, which includes representatives from the SME Chamber, the Malta Employers Association (MEA), the General Workers Union (GWU), and the UHM - Voice of the Workers, was also involved in these discussions.
The countermotion listed government’s achievements, such as the launch of a national register of competent persons qualified to serve as project supervisors, introducing fixed standards for the role for the first time.
Government also introduced various subsidiary laws and administrative instruments complementing primary legislation, and a pledge of unprecedented investment in occupational health and safety, including in human resources.
The OHSA, the countermotion said, is also carrying out joint inspections with the BCA to boost specialisation and reduce risks. Moreover, the OHSA publishes an annual report, which is tabled in Parliament for debate.
The motion noted that the Ministry responsible for health and safety at work is studying further regulatory conditions related to the appointment of the client’s representative, in full respect of the EU’s principle of free movement of workers.
The government thanked the OHSA, its board and workers, and all other stakeholders for their contributions in establishing these regulations which aim to bring Malta’s construction industry in line with the highest standards of legal clarity, transparency, and enforcement, “so that the death of Jean Paul Sofia would not have been in vain.”
The technical amendments being proposed to the legal notice in the countermotion include a revised definition of “domestic client” to include persons carrying out minor works in premises legally occupied by them, not just owned.
The countermotion proposed the inclusion of a new definition for “EEA” (European Economic Area), covering EU member states, Iceland, Norway, and Liechtenstein, as well as a provision stating that only residents or legal entities incorporated in the EU or EEA, or recognised branches within them, may be appointed as a client’s representative.
These changes, according to the government, will strengthen the legal framework while ensuring alignment with EU obligations and safeguarding occupational health and safety across Malta’s construction sector.
The government’s countermotion passed in Parliament with a division, with a vote to be taken on Wednesday during the Adjunct Committee for the Consideration of Bills.
In a closing statement, PN MP Zammit said that while he was pleased that the government adopted two of the PN’s proposals on domestic clients, he was disappointed that it did not address the other proposals, especially the skills card proposal.