Project supervisors, who are responsible for ensuring construction sites are operated safely, say they risk being prosecuted or blacklisted by employers if they report dangerous practices.

Several have even left their job over the issue, according to George Steve Darmanin, president of the Malta Occupational Safety and Health Practitioners.

His comments come after the head of the Occupational Health and Safety Authority (OHSA), Mark Gauci, said that some project supervisors were not taking their jobs seriously enough.

So far this year, 12 people have died at the workplace.

In September alone there have been two deaths on construction sites – one in Munxar, Gozo and another in Qormi.

Darmanin said health and safety professionals feel the authorities are unfairly blaming them for rising injuries and deaths on construction sites.

So far this year, 12 people have died at the workplace

He said many project supervisors are ignored when they alert workers, contractors and developers to serious health and safety dangers.

When dangerous practices persist, they cannot issue fines and have no option but to report to the OHSA which, in turn, reminds them it is their job to ensure safety and that they could be prosecuted for the project’s failures.

“Worse than that, when the OHSA finds safety shortcomings during its own inspections, it frequently summons project supervisors for a meeting and informs them that they have a right to bring a lawyer with them,” he said.

“Consequently, several project supervisors have quit the profession because they realised the only avenue they can pursue that should help them do their job well is threatening to take legal action against them,” Darmanin added.

“Whenever that happens, it feels like the supervisor is being investigated by the authority that should be helping him do the job.”

Contacted for comment, the OHSA said the project supervisor’s role is to ensure health and safety in the workplace and is, therefore, responsible for what happens on construction sites.

“Every investigation carried out on workplace accidents can lead to criminal charges in court. For this reason, anyone who is questioned by the OHSA has the right to be cautioned about this,” a spokesperson for the authority said.

“In doing this, the OHSA is observing the person’s fundamental rights.”

Most common shortcoming: lack of measures to prevent falls

According to the OHSA’s enforcement statistics, the most common shortcomings in workplaces are a lack of measures to prevent falls from heights, project supervisors that fail to adhere to health and safety principles and developers who refuse to follow their recommendations.

Darmanin said that while some project supervisors do carry out shoddy work, most do a good job, only to be met with hostility from developers, contractors and the authorities.

Following a 2018 legal notice, construction sites are now required to engage a project supervisor, who is responsible for issuing a health and safety report detailing what safety measures workers must adopt.

The project supervisor must also carry out on-site supervision to ensure that the measures are being adhered to.

But while they have every right to alert workers and contractors to dangers, project supervisors have no power to enforce health and safety measures. While they can issue a ‘stop work’ notice, they cannot issue fines and are engaged and paid by developers and contractors.

Seeing that reporting the hazards to the OHSA might land them in even greater trouble, some supervisors decide to call it a day, Darmanin said.

'Impossible to supervise 500 sites'

He also dismissed Gauci’s claim that in some cases one project supervisor would be responsible for 500 sites. 

“That would be humanly impossible, yes, but never, in my whole career, have I heard of a project supervisor managing 500 sites at once,” Darmanin said.

He said project supervisors are not legally bound to be on site all the time, and they do not need to be because most sites are small-scale projects where developers are house owners.

Darmanin, whose associations represents health and safety practitioners in all industries,  said project supervisors should have some enforcement power and be considered allies to the authority, and not adversaries.

“Instead of assisting supervisors in upholding safety, OHSA officials warn them that if they go on site and find shortcomings, they could take legal action against them,” he said.

“Some were taken to court over similar cases and they were found guilty, despite having previously warned contractors and developers of the dangerous practices.

“It’s funny how OHSA tells people to report illegalities directly to it instead of just posting pictures of them on social media, but then when the project supervisors try to report illegalities, they are intimidated with talk of potential legal action.”

Darmanin said the real solution lies in changing the way health and safety are looked at.

He commended the OHSA for its work in shifting mentalities over the past 20 years but reckons there is more to go.

“Developers still engage cheaper contractors that save money off health and safety,” he said, adding that diligent supervisors are frequently blacklisted by developers and contractors for being ‘too strict’ in ensuring safety.

“People must now understand that workplace safety is not merely a daunting legal obligation, but a life-saving necessity,” Darmanin said.

In its reply, the OHSA said it remains committed to collaborate with all those involved in strengthening a culture of health and safety in workplaces.