Employers who repeatedly breach occupational health and safety rules could soon be named and shamed for their violations, the construction reform minister has said.

The new OHSA law, which was approved by parliament before the summer recess, “is a powerful enabling law” and will allow the authority to eventually publish the names of those who repeatedly commit infringements, said Jonathan Attard, who is also the justice minister.

The  Health and Safety at Work Act requires the authority to make public the names of those who break the law, explain the nature of each breach and any penalty levied. 

That information must be published on the OHSA's website. In cases when breaches lead to criminal convictions, details must remain public until the offence in question is removed from the person's conduct certificate. 

While the new law was unanimously approved by parliament before its summer recess, it is not yet in force. The minister must introduce subsidiary legislation for that to happen.

“We want a strong deterrent and the legislation reforms we are implementing are bringing this about,” Attard said, adding that new laws will lead to higher health and safety standards.

‘We want a strong deterrent and the legislation reforms we are implementing are bringing this about’ – Construction reform minister Jonathan Attard

What about BCA violators?

Speaking at an event announcing Malta’s first-ever Excellence in Construction Awards, Attard was also asked if the Building and Construction Authority would follow suit.

“This is a concept one can look at,” Attard said, confirming that his ministry is considering a system in which the BCA can also name and shame repeat offenders.

“I cannot exclude that this concept could extend not only to the construction sector but also to other sectors where it would be useful for the public to be advised about operators who are systematically not fulfilling their obligations.”

Former OHSA chairman David Xuereb suggested last year that “cowboy” contractors should be “named and shamed” during his testimony in a public inquiry into the construction death of Jean-Paul Sofia, 20. Construction is Malta’s most deadly industry, with most workplace deaths happening on building sites.

Concerns about construction site safety grew further following the 2022 construction collapse that killed Sofia.

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