The Planning Ministry has announced a public consultation on proposed amendments to the law that regulates minimum health and safety requirements on construction sites, which includes a provision that will protect project supervisors from civil litigation. 

In a statement, the ministry announced it was proposing a set of amendments to Legal Notice 88 of 2018, which it says will give the necessary powers at law to project supervisors to “fulfil their responsibilities”. 

Anyone undertaking a development or construction project is obligated to appoint a project supervisor to oversee the design and execution of the project. 

Among several responsibilities, the project supervisor must take account of the provision of health and safety on the job site, including drawing up a health and safety plan and overseeing its implementation. 

The amendments, the Ministry said, will also include a non-liability clause which will prevent ‘duty holders’ from instituting civil proceedings or any other legal action seeking damages from a project supervisor for any action carried out in the pursuit of maintaining the regulations, unless the project supervisor is found to have acted in a negligent manner. 

The roles and responsibilities of contractors, self-employed people and workers will be better explained “for added clarity”, they said. 

A copy of the proposed amendments can be found on the OHSA’s website. 

Comments on the rules may be made in writing to the OHSA at 17 Edgar Ferro Street, Pieta’ PTA 1533 or by email at ohsa@ohsa.mt by March 30.