"Cowboy" contractors should be "named and shamed", the chairman of the Occupational Health and Safety Authority told a public inquiry investigating the death of Jean Paul Sofia.
Proposing the mechanism David Xuereb said there are serious players in the construction industry and others who do not want to observe the rules.
"They should be stripped of their licence and told to go work elsewhere rather than cause a danger to others,” said Xuereb, who is also chairman of the Building and Construction Authority.
He told the inquiry panel that the construction industry is like a "patient who is ill," adding that "the industry needs to be seen to". He said his 'name and shame' proposal would give credit to those who operate and shame the "cowboys" who don't.
Sofia, 20, died on December 3 when a partially build factory in the Corradino industrial estate collapsed while he was inside, delivering tools to workers. A public inquiry into the case and the wider construction industry was announced after a high-profile campaign by his mother, Isabelle Bonnici.
Xuereb said that while a white paper on reform was published in May, there needs to be a "transformation" within the industry.
"We need to go for those highest standards.. our industry does not only disrespect workers but also passersby and especially neighbors," he said.
On Thursday, the inquiry heard of bureaucratic delays in getting resources for the OHSA, which investigates workplace accidents, 72% of which are on construction sites.
Mark Gauci, who has been CEO at the authority for 20 years and will retire in two months, said there was an issue with intimidation, which put off many would-be inspectors.
"It takes guts to face certain persons at the workplace, who might be aggressive and threaten to report the inspector to the minister," he said.
He said he has about 13 officers currently involved regularly in inspections.
The inquiry heard how the OHSA was not informed that works had commenced at the industrial estate and that when it tried to investigate the incident afterwards, all witnesses refused to answer questions.
However he insisted that it was "not true" that accidents were on the rise, and that, put into the context of an increase in the number of workers, the number of accidents had plateaued.
Therese Comodini Cachia, lawyer for the Sofia family, said that in 2021 and 2022 deaths in construction were the same as the amount in 2004.
“To me that spells a regression,” she said.
The public inquiry is investigating the government's land transfer to the developers behind the Corradino construction site tragedy, as well as the state's broader responsibility in protecting workers at building sites from harm.
Property developers Kurt Buhagiar and Matthew Schembri as well as architect Adriana Zammit and contractor Miromir Milosovic and his wife Dijana are facing separate criminal charges of involuntary homicide.
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Inquiry ends for today
12.33pm That's it for today. Thank you for joining us. We'll have a short summary above in a few moments.
Join us again tomorrow when the inquiry resumes.
Mark Gauci, the CEO of the OHSA leaves court after testifying before the public inquiry. Photo: Jonathan BorgCriminal cases
12:18 Police Superintendent Denise Miruzzi Mula is the next witness and is here to provide statistics on charges received from the OHSA between September 2018 and July 2023.
She says that 526 cases were appointed, 516 cases decided, and 119 pending. The difference in numbers is down to cases that were still pending prior to September 2018.
These are not only related to construction site accidents.
The next witness is Franklin Calleja registrar of Criminal Courts He says 800 cases linked to workplace accidents were charged before the magistrates’ courts regarding workplace accidents and over 700 decided over the past five years.
As registrar he cannot tell if a particular involuntary homicide is related to a workplace accident or some traffic accident. He does not have access to the records, in terms of law.
Assistant Police Commissioner takes stand
12.11pm Next up is Assistant Police Commissioner Kenneth Haber. The inquiry board wants information but Haber asks for some more time, explaining that he doesn't have the information yet.
"But why not," asks Zammit McKeon. "The question was simple. How many cases were taken to court in workplace incidents, how many were decided and how many to be charged?"
Haber says the retrieval of information is not that simple.
"The clock is ticking," says Zammit McKeon.
Haber says the information should be available in two to three weeks, explaining that some officers were on leave.
'No website problem'
12.10pm The OHSA CEO refutes what the authority's chairman said earlier about the website being down.
"No! That’s not true," Gauci says. "The only time it was down was during COVID. Its architecture was old fashioned, outdated and during COVID we worked to update it. But there is no problem and the website is up and running."
And with that assertion, Gauci ends his testimony.
Problem tracing foreign workers
12.08pm Architect and inquiry board member Mario Cassar now asks about the issue of foreign workers.
He describes being involved in one case where foreign workers assisted by lawyers chose not to answer anything. In other cases site inspectors never supplied the identity of foreign workers, meaning experts could not identify these unregistered workers.
How real is this problem, he asks.
"The problem exists," Gauci says. "Such workers are untraceable. Often police cannot serve a notice of summons. The system is not robust enough. Persons move without changing ID card and there’s a problem with persons staying in Malta illegally."
He says there is also a "proliferation of foreign contractors", which he identifies as "another problem".
Therese Comodini Cachia, left, lawyer for Isabelle Bonnici, right, mother of Jean Paul Sofia, who was killed in the Corradino construction collapse. File photo: Times of MaltaConstruction deaths
11.59am Auditor General Charles Deguara points out that the board asked for numbers of workplace accidents, specifically in the construction industry.
Gauci says that one cannot simply cite figures, but "we speak of trends".
Therese Comodini Cachia, the lawyer for the family, intervenes, reading from a paper presented by Gauci. In 2021 and 2022 deaths in construction were the same as the amount in 2004.
“To me that spells a regression,” she says.
Lessons learned?
11.45am What about lessons learned by the OHSA after this incident, Judge Zammit McKeon asks.
"We have to be careful not to divulge certain information that was part of inquiry," Gauci says. " The role of the OHSA is very limited. It was very limited in that accident."
Zammit McKeon interrupts.
"We had an accident that shocked the whole country and sent a family into such a state. Other persons might be charged. But we’re not after that. Did OHSA learn anything from this?"
Gauci points to "initiatives regarding foreign workers" and a "lack of enough project supervisors".
"We took steps before this incident to reopen the course at MCAST to increase the complement. We also had discussions with entities in the sector."
He then points out that the current OHSA law envisages prison as punishment but court cases rarely result in effective imprisonment.
"Cases generally result in minimal punishment, a fine. We need a complete overhaul in the law," he says. "Changes to the law started years ago. But how many times have I told different ministers that we need a change in the law? Yet no one showed any interest."
He says the only time a minister showed interest was when current minister Stefan Zrinzo Azzopardi engaged a law firm to amend the law.
Gauci says that the new health and safety law envisages the setting up of a tribunal to hear health and safety cases, as well as a board of governance and a greater role entrusted to social partners.
OHSA probe into Sofia fatality
11.42am Asked about the Sofia fatality, the OHSA chief says that inspectors were there from the start, taking photos and "not just as spectators, contrary to what certain sections of media said".
He says the OHSA also asked to be present at the magisterial inquiry during the hearing of witnesses but the request was turned down.
It then proceeded with its own investigation, summoning witnesses but "all invoked the right to silence, all assisted by lawyers."
Statistics that matter
11.38am It's now the inquiry chair's turn to ask for statistics:
How many persons were charged in court over health and safety issues? How many cases were decided? How many pending? How many new cases are in the offing?
Gauci says the last question will be difficult to compile because investigations might still be ongoing and people might be reluctant to cooperate.
"That statistic is important to us. So please supply us with the information," says Zammit McKeon.
The witness says he will do so.
Damned lies and statistics...
11.32am "Don’t you think that what you’re saying about statistics might send out the wrong message to cowboys in the sector," the inquiry chair asks. "You cannot do that as CEO of an authority."
Gauci explains that it might "sound as though I’m trying to be apologetic on someone’s behalf, but I’m not doing that."
He presents the documents he was reading from, comparing Malta’s situation with other countries.
Zammit McKeon has repeatedly asked Gauci to concentrate on Malta, rather than other countries.
Majority of fatalities in construction
11.28am Zammit McKeon asks if Gauci agrees that the majority of fatalities were in construction?
Yes, he says.
"In construction, we have a problem," says Zammit McKeon. "Is this a correct picture?"
"The problem is that there is no simplistic answer to your question," Gauci says. He again resorts to statistics and says that 72% of fatalities are in construction.
'Not true' that accidents are on the rise
11.21am Gauci now talks about the process of reporting incidents in the workplace.
An employer is obliged to notify the OHSA if the incident necessitates more than four days in hospital. "According to international standards, a workplace accident is one that calls for more than four days of hospitalisation," he says.
Gauci insists that it is "not true" to say that accidents are on the rise.
"In Malta, figures show that we’ve reached a plateau. We reached that in 20 years. Other countries took longer," he says.
"So are you saying that although the number increased, the number of accidents dropped," he is asked.
"Yes".
He explains further: "The number of fatalities in Malta must be seen in the context of a rise in the number of workers. Back in time, at OHSA inception there were 100,000 plus workers. Last year there were 280,000. So the numbers were doubled."
Strength in numbers
11.17am Gauci points to a solution to his own problem.
"If two inspectors go together, the risk of corruption is reduced," he says. "I found a lot of resistance against the introduction of such a practice but now even abroad it is recognised as good practice."
Working in pairs gives inspectors strength in numbers, they step in as witnesses for each other and the set up also reduces the risk of corruption, Gauci said.
Zammit McKeon points out that this practice would reduce manpower even further.
Asked about police accompanying inspectors, Gauci says there were fewer than 10 cases when police assistance was called for.
Fears of intimidation
11.15am Gauci raises another explanation for the lack of inspectors.
"You do find people who are interested but then they might not be willing to work as inspectors," he tells the inquiry board. "It takes guts to face certain persons at the workplace, who might be aggressive and threaten to report the inspector to the minister."
'If we asked for €1.5m, we got €1m'
11.11am Discussion turns to the issue of resources.
"We’ve been asking for more from the very start," Gauci says. "We asked for more than what we effectively got. If for instance, we ask for €1.5 million, we get €1 million".
He also reiterates Xuereb's view that there is a problem with attracting staff.
"There are lots of competent persons out there. We pushed for a diploma course at university. In Malta, unless you push and push, nothing gets done."
'Let's focus on this case'
11.10am Gauci says that the OHSA has about 13 officers currently involved regularly in inspections but says that to decide if the OHSA is doing enough, there must be a comparison with its peers.
"Let’s focus on this case," Zammit McKeon says. "Unfortunately the incident of Jean Paul Sofia did not take place in England but in Malta".
He asks for the names of the inspectors and Gauci rolls out a list of names. Some nine in all. He mentions the head of technical operations who oversees enforcement.
OHSA responsibility
11.04am Gauci is asked about regulations, dating back to 2018 and whether they were updated? He says current regulations introduced in 2004 were on specific EU directives.
He says the OHSA has no legal or technical responsibility regarding third-party protection during works. It has no competence to intervene on environmental issues or to act on building structures. OHSA officials are not trained on this.
"There is a shared responsibility," he says, with OHSA working closely with all other entities to avoid “gaps", for example on whether a worker is lawfully employed.
He says the authority works with Jobsplus on joint inspections. Charges are issued when workers are not lawfully registered and the matter is taken to court.
'Will you retire with a serene mindset'?
10.54am The inquiry chairman starts by asking Gauci if he will retire "with a serene mindset".
"Yes. I always acted with integrity. I never gave politically motivated advice or one against health and safety. Of course I’m human. I may have made mistakes but when I realized there was a mistake I promptly rectified and it wasn’t intentional."
Mark Gauci takes the stand
10.51am Mark Gauci, the former CEO of the OHSA is next to testify. He says that he is a technical person and what he says might sound insensitive. But he sticks to a technicality.
He’s been CEO at OHSA since its inception in 2001. Should be on pre-retirement leave but still giving his input. He’ll be out in two months.
Minutes 'confidential'
10.47am Xuereb is asked to bring the minutes of the board meeting that discussed the white paper and the Sofia tragedy.
"The minutes are confidential," Xuereb points out.
"Once you present them, they will be made public. This inquiry is transparent and after the truth," says the inquiry chair, Judge Joseph Zammit McKeon.
Xuereb bears down. "Could they be presented under seal?"
Zammit McKeon says that the board will open them and select what is relevant but reiterates this is " a public inquiry as distinct from a magisterial inquiry".
Xuereb points out that the terms of reference also foresee the possibility of witnesses testifying behind closed doors.
"There is no national security issue in OHSA meetings, I’m sure," deadpans lawyer Therese Comodini Cachia.
And with that exchange, Xuereb's testimony ends.
Five applications for OHSA inspectors
10.44am When the OHSA issued calls for inspectors last year, there were five applications.
Responsibility of 'duty holders'
10.35am The discussion now turns to the responsibilities of the OHSA. Most of the responsibility on issues like competency of workers and language problems falls on the project's owners, known as 'duty holders'. The OHSA steps in "when the duty holder is out of control".
Asked about the lack of competent resources on the market, Xuereb says that he does not know what’s keeping students away from these studies. "But what’s for sure is that there is a shortage," he says.
OHSA did not know works had commenced in Sofia case
10.22am The family's lawyer is asking Xuereb about the fact that the OHSA was not informed works had commenced on the building that collapsed, killing Jean Paul Sofia.
This was already highlighted by the magisterial inquiry.
Xuereb explains that the obligation for a 'notice of commencement' lies on all save for “small projects” lasting under 30 days and employing under 20 workers. "That’s where the notice is done away with," he says.
He clarifies that the form is not filled in by the OHSA, but falls upon the developer or owner.
Asked about workers being employed without a contract, that's an issue for JobsPlus, Xuereb says.
Family lawyer asks questions
10.17am Therese Comodini Cachia, the lawyer for the family of Jean Paul Sofia is posing a series of questions now. She asks about the white paper, the law firm that was engaged and statistics on workplace visits.
This law firm was chosen by the ministry and OHSA had no say in the choice, Xuereb said. Comodini Cachia pointed out that Xuereb’s replies indicated that the white paper was launched without the recommendations of the OHSA. He rectified that the paper was discussed by the board on April 4, 2023 when still not wrapped up and the board had made its suggestions.
Xuereb also says that although there is a great drive to introduce a skills card, such a card did not make the holder an expert on health and safety.
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A picture of Jean Paul Sofia was placed outside Castille during a protest last month calling for the public inquiry. File photo: Times of Malta
A picture of Jean Paul Sofia was placed outside Castille during a protest last month calling for the public inquiry. File photo: Times of MaltaPraise good operators, shame 'cowboys'
10.08am Xuereb mentions again his "name and shame" proposal that would give credit to those who operate well and shame the "cowboys" who don't.
He suggests that it would benefit from entities sharing data from inspections.
4,000 inspections
10am The third member of the inquiry panel, Auditor General Charles Deguara asks who decides on when and where inspections are carried out.
Xuereb says there were 4,000 inspections last year but that this was "a drop in the ocean".
A form is submitted 30 days before the start of works but resources are limited when compared to OHSAs abroad, Xuereb says.
Some 70% of resources are focused on construction he says and that inspections are triggered by a supervisor, or by some public call or by court order.
OHSA website 'shameful'
10am Asked about the OHSA website, Xuereb says that it was down for a time.
“It’s shameful,” he adds. "It is now up and running but there are mistakes and inaccuracies."
He says it relies on other entities such as the Malta Information Technology Agency and that certain data is missing.
The partially constructed building in the Corradino industrial estate that collapsed, killing Jean Paul Sofia. Photo: Jonathan BorgIndustry 'disrespects workers and neighbours'
9.54am Xuereb tells the panel that a board meeting discussed the Jean Paul Sofia fatality in March 2023. Asked about a white paper on reform at the OHSA, Xuereb says it was already in the pipeline and was issued in May.
"Did the Sofia incident push it," he is asked.
"No one pushed me. But the need to reform OHSA law had long been felt. Legal consultants were engaged and the first output was seen in May."
Xuereb describes the construction mentality as "shocking" and contrasts it with construction work ongoing in London's Oxford Street.
"We need to see a transformation. We need to go for those highest standards.. our industry does not only disrespect workers but also passersby and especially neighbors," he says.
"The best culture I know is the one I lived and worked at. Transposing that model to Malta is my aim."
He said that health and safety issues should be also be taken into account in other areas such as road works.
Construction industry needs 'name and shame'
9.49am Xuereb says that "name and shame in this industry is of the essence". He says that there are serious players and others who do not want to observe the rules.
"They should be stripped of their license and told to go work elsewhere rather than cause a danger to others,” he says.
He describes the industry as "a patient who is ill".
"The industry needs to be seen to. Malta’s BCA has an experience of two years alone. For long years, the industry in Malta went unregulated".
Cases falling under the radar
9.40am Board member Architect Mario Cassar asks about the commencement notice procedure. This details the applicant, mason and construction site manager as well as the health and safety supervisor.
"Should the Planning Authority inform other authorities to ensure a case does not fall under the radar," Cassar asks.
"Yes, I totally agree. In the age of digitalization is is important to make sure that something is not erroneously or purposely left out," Xuereb says.
Asked about the site technical officer, Xuereb says that abroad the concept is of a project manager who brings everything together.
"The standards seen abroad are not yet in Malta."
Unlawfully employed workers 'fall under the radar'
9.35am The questions now focus on training for workers. Xuereb says the focus is on MCAST and that there are in-house courses to increase awareness of workplace risks.
He says the BCA enforcement does not necessarily focus on health and safety but they do monitor and report any issues.
"There are risks of workers who lack training and are not lawfully employed. These fall under the radar".
Problem with hiring 'competent people'
9.30am Xuereb says that while the OHSA's plans were approved by the board, "we always experienced delays" and "no opportunity to increase resources".
He said this was because money is handed over when there is a certainty that the funds may be spent on the market. OHSA professionals are lacking and people need to be trained.
"Engaging competent people is a problem", he acknowledges.
Did the government give you a policy?
9.27am Questions turn to what the government expected of the various agencies.
"Did the government give you a policy? What was expected of you? Regarding construction... for example," he is asked. "I personally never got that."
Asked about funding to implement a business plan, Xuereb says that workers with the OHSA were to increase from 35 to 88 to reach their aims and that funding should have been upped to 2 million in three years.
Enforcement staff
9.23am Xuereb is asked about staffing of enforcement officers for both agencies. He says that he thinks there are around 20 enforcement officers with the BCA and 14 inspectors with the OHSA.
"After the tragedy of Jean Paul Sofia did that number change?" he is asked.
"As far as I know, no".
Conflict in roles
9.14am Xuereb is asked if he noted any conflict in his roles. He says the BCA does not have health and safety responsibilities, "hence no conflict with OHSA".
"So you are saying that your role at BCA does not conflict with OHSA because BCA does not enforce health and safety regulations," he is asked.
Xuereb explains that the BCA regulates the quality of construction while the OHSA is responsible for health and safety standards, not only in construction but everywhere.
"So if a building collapses, that is the responsibility of BCA," he is asked. "But if workers are hurt or injured that falls under OHSA?"
"Yes," Xuereb answers. "If a building collapses for structural or technical issues, the duty holders of the project are responsible and BCA oversees that."
He acknowledges that there are concerns that overlaps exist.
OHSA chair is first to testify
David Xuereb arrives to give evidence at the public inquiry. Photo: Jonathan Borg9.10am Perit David Xuereb is the first to testify and gives a brief run down of his CV. He holds roles on several authorities. He has been chairman of the Occupational Health and Safety Authority since October 2021 when his predecessor had resigned and he was asked to replace him. He is also non executive chairman of the board and chairman of the Malta Council for Economic and Social Development since January 2023. As for the Building and Construction Authority, he has been there since its inception as director on the board.
Public inquiry distinct from criminal case
9.06am Judge Joseph Zammit McKeon, who is leading the inquiry, begins proceedings. He reminds those gathered that the public inquiry is to be totally distinct from the criminal proceedings and the magisterial inquiry. Records of the 89-page magisterial inquiry are presented in this inquiry for completeness' sake.
What happened last week?
9am While we wait for the inquiry panel to arrive, here’s a brief synopsis of last week's testimony.
- The most moving piece of evidence came from Jean Paul Sofia's mother, Isabelle Bonnici, who has campaigned relentlessly for this inquiry. She spoke of how the darkness that engulfed her when her son's body was pulled out of a construction site was transformed into a determination that others would not experience the same fate;
- Stefan Zrinzo Azzopardi, Minister of Public Works and Planning, was next, with questions focusing mainly on the issue of manpower allocated to the three authorities he is responsible for, namely the Planning Authority, the Building and Construction Authority and the Occupational Health and Safety Authority;
- Finance Minister Clyde Caruana was the final witness. He ran through the process of how each ministry put forward its proposals and business plans.
Want to testify? Here's how to contact the inquiry
8.45am Good morning and welcome to our live coverage of the public inquiry, which is expected to kick off at around 9am.
But this morning the inquiry issued a statement informing people how to get in touch with them if they want to testify under oath.
The email address is: jpsofia.board@publicinquiry.org.mt
You must contact the inquiry by the end of August with an email indicating:
- Name and surname
- Address
- Identity card
- Object of proof to be presented to the Inquiry.
"Admissibility and relevance of any witness will be determined at the sole and discretion of the Board," the statement issued by the Court Services Agency says. "Any decision by the Board to admit or not to admit a witness is not subject to reconsideration or appeal."