Health and safety at the workplace - 2

Your workplace can be dangerous if you are not prepared. No matter what you do or what job you have, hazards exist. Whether you are a store clerk, gardener, truck driver, painter, waitress or cook, there is always an element of risk.

Serious mental health consequences may result, particularly for workers who are out of work for a year or more following an injury. Some people who have suffered a workplace injury or illness experience a heightened sense of vulnerability, sadness, anger, humiliation, and stress.

This stress can cause additional injury and illness, compounding the initial problem. Occupational stress may cause emotional, physiological, and behavioural problems, such as mood and sleep disturbances, as well as strained relationships with family and friends.

Workers suffering from certain occupational disorders and disabilities are more likely to have raised levels of stress at home and increased family conflict. These people are also more susceptible to chronic health issues such as cardiovascular disease, muscular disorders and psychological disorders.

At the beginning of this year, an act ensuring health and safety on the workplace came into force. In the previous article, we looked at the responsibilities of employers with regards to their workstations. In this article, we shall continue to see what the act stipulates with regards to such an important aspect of our working life - health and safety.

Employers' responsibilities

Employers must take the necessary steps to prevent unauthorised access to areas having health and safety risks. This can be done by installing appropriate devices.

Escalators should function safely and be equipped with safety devices, fitted with easily identifiable shut-down devices and examined every six months by a mechanical engineer.

The employer should provide and maintain suitable and sufficient seating for the use of employees. Seats should be positioned so as to facilitate good working posture. A footrest must also be provided so that the worker can comfortably support his or her feet.

The employer must also provide and maintain suitable points where there is an adequate supply of drinking water. He must also provide sufficient rest facilities which are easily accessible to workers.

These rest places must be physically separate from the workplace, be of suitable dimensions, kept clean and must be equipped with a number of tables and seats with backs.

This rest area must also cater for smokers and non-smokers. It should include suitable dining facilities with the necessary means to heat food, to prepare a hot drink and to keep food and drinks cold. These conditions are not applicable to offices or similar workplaces.

When workers are required to wear special clothing, the employer must provide suitable changing rooms with seating and lockers for personal objects to be locked up. Separate changing rooms must be provided for males and females.

Workers' responsibilities

Employers have various obligations; however, the law also lays down workers' obligations as regards health and safety at work.

As a worker, the law requires you to work safely and co-operate with your employer by following the health and safety rules for the job. The Act also has specific safety requirements you must follow. For instance, the use of safety belts and similar equipment is required for certain jobs. Jobs may require the use of personal protective equipment, such as footwear, eyewear, and headwear, when necessary.

The law states that it is every worker's duty to safeguard one's own health and safety and that of other people who can be affected by the work being carried out. It is also every worker's duty to co-operate with the employer and the workers' health and safety representative at the workplace.

Occupational Health and Safety Authority

The Occupational Health and Safety Authority (OHSA) is responsible for organising, co-ordinating and managing the national network of occupational health and safety. It is its duty to ensure that the levels of occupational health and safety protection established by the Act and by regulations made under this Act are maintained.

In a nutshell, the Authority's mission is to save lives, prevent injuries and protect the health of Maltese workers.

The Authority must, within six weeks from the end of each financial year, compile and submit to the finance minister a report on the Authority's activities for that year. The minister shall then lay this report on the Table of the House of Representatives, together with the estimates for the next financial year.

OHS officers

The Act states:

The Authority shall appoint a number of Occupational Health and Safety Officers who shall work towards the general implementation of the regulations laid down in the Act.

The officers shall be issued with means of proper identification and will have certain powers:

An officer can enter freely and without previous notice in any workplace, and at any time of day and night.

An officer can request the assistance of a member of the police force in the execution of his duties.

An officer can question anyone, either alone or in the presence of witnesses. These may include the person putting forward the complaint, an employer or a worker acting on behalf of the employer.

An officer can inspect any documents or any book, design, plan or list of technical specifications, which may throw light on occupational health and safety.

An officer can take possession of any object required for tests or as evidence of any occupational accident, injury or disease or of any alleged violation. The officer must give a receipt for every object he retains and must ensure that these are properly preserved to be used as evidence.

An officer can order that nothing is disturbed at the workplace for as long as required. He may also order the closure of the workplace for a certain period. This will facilitate examinations, investigations or inspections.

An officer can give an order, verbally or in writing, to safeguard occupational health and safety.

An officer cannot enter a workplace which at the time is being used as a dwelling, without the prior consent of the occupier, or unless the officer is accompanied by a police official with the rank of Inspector or higher.

For the purpose of the Maltese Criminal Code (Chapter 9 of the Laws of Malta), Occupational Health and Safety Officers are deemed as public officers. And in line with the Laws of Malta, these officers may not be threatened, insulted, molested or disturbed in the performance of their duties. Neither can seals made by an officer be tampered with or broken.

The Act states that no action, disciplinary or otherwise, or any other proceedings for damages, may be instituted against the Chief Executive Officer of the Occupational Health and Safety Authority. This means that no remedial action may be taken for an act done or omitted to be done by them in good faith in the execution of any power, right or duty. This also applies to Occupational Health and Safety Officers.

Any person, whether a worker or an employer, who feels he/she was aggrieved by an order given by an officer may appeal on the Occupational Health and Safety Appeals Board.

When the case being investigated is taken to court, the officer may examine and cross examine witnesses, produce evidence and make submissions to support the charge he is bringing against the accused. Generally speaking, the officer may conduct the prosecution on behalf of the police.

Offences

Any person who acts in contravention to any of the provision of the Act, or who conspires or attempts, or aids, abets, counsels or procures any other person to contravene the provisions of this Act, shall be guilty of an offence against this Act.

Also guilty of an offence against this Act are those who:

Furnish any information which he or she knows is false;

Make use of a document with intent to deceive;

Wilfully refuse or withhold information;

Recklessly make an incorrect statement;

Fail to reply to questions of an Occupational Health and Safety Officer or fail to co-operate fully with the officer;

Hinder an officer in the performance of his duties.

Penalties

Any person who commits an offence shall, on conviction, be liable to imprisonment for a period of not more than two years or to a fine (multa) of not less than Lm200 but not exceeding Lm5,000. Both a fine as well as a jail sentence may also be given.

These punishments apply unless the crime constitutes a more serious offence under the Criminal Code or any other law.

Moreover, the court may, upon the request of the prosecution, cancel all licences, warrants or permits issued to or in the name of the person found guilty in connection with the workplace where the offence was committed.

The Act gives the facility for proceedings for an offence under the Act to begin at any time within six years from the commission of the crime. The Attorney General always has the right to appeal from any judgement given by the Magistrates Court, where offences against this Act will be heard.

CSB Recruitment Agency has been supporting the local business community with its services since 1987. For further information you can write to CSB at Vincenti Buildings, 14/19 Strait Street, Valletta VLT 08, or call us on 2122-5800 or 2124-6543, fax: 2123-0520, email: jobs@vacancycentre.com, or visit http://www.vacancycentre.com. Copyright 2003, Commercial Services Bureau (CSB) Ltd.