Updated 12.40pm
Malta’s health and safety authority did not inspect the Corradino construction site where Jean Paul Sofia was killed, its boss told a public inquiry on Friday.
Mark Gauci said that OHSA inspectors had no duty to check on sites if they did not see construction works ongoing there – and argued that even if they had visited the Corradino site, they could not have done anything to prevent the tragedy.
OHSA inspectors were not qualified to assess construction standards, Gauci said.
That line of argument irked the public inquiry’s three members.
“So what competence do they have?” asked inquiry member and auditor-general Charles Deguara. “When on site, what does the OHSA inspection actually consist of? If they lack competence, what do they go there to see? If there is a safety risk, don’t they realise?”
The Corradino site where Sofia was killed collapsed in December 2022. A magisterial inquiry concluded that the site’s structural design was flawed and that there was no qualified builder onsite. It also flagged various health and safety failings at the site.
Inquiry member Mario Cassar noted, by way of example, that among those problems was a lack of railings along the perimeter of the structure's four storeys, to protect workers there.
The railings did not serve a decorative function, inquiry chairman Joseph Zammit McKeon added. “Didn’t your inspectors note that? It’s something obvious, even to an illiterate person!”
OHSA CEO Mark Gauci walks to court. Photo: Jonathan BorgIt was Gauci’s second appearance before the board of inquiry, following an initial round of testimony last week.
The OHSA boss, who is due to retire within a couple of months, acknowledged that workplace accidents that result in near-misses can go entirely unreported, as the OHSA is only alerted to an incident once a claim is filed with the department of social security.
It was often members of the public or media reports that revealed such incidents, Gauci conceded, arguing that foreign counterparts of the OHSA also operated using similar systems.
The OHSA CEO also acknowledged, at the prompting of inquiry member Cassar, that project supervisors’ role on construction sites is currently limited: it is up to project owners to implement safety measures, and supervisors often fear losing their jobs if they push too hard.
Work is currently under way to change those regulations, Gauci said. The revised rules will guarantee better job protection for project supervisors and give them the power to stop works until any shortcomings are fixed.
In other testimony, the inquiry heard:
- Building and Construction Authority (BCA) CEO Jesmond Muscat reveal that it and Building Industry Consultative Council (BICC) are to merge under the BCA’s control
- Malta Insurance Association director general Adrian Galea argue that mandatory insurance policies for contractors would result in premiums so high “nobody would consider buying them”
- Talks on requiring contractors to ensure their workers are protected with insurance cover are ongoing
- Malta Chamber of SMEs boss Abigail Agius Mamo say its members favour a classification system for contractors and want the BCA to have a digital system allowing it to flag discrepancies in contractors’ reported workloads
- The Chamber of SMEs is convinced that self-regulation for the sector is not a viable option. “We cannot rely on self-regulation….Unless there is enforcement, the system will not be successful,” Agius Mamo said.
Live blog
Live blog
11.54am That's all from this live blog. Thank you for having joined us. We will have a recap of the leading points from today's hearing available at the top of this article shortly.
Witnesses have until August 31 to register interest
11.45am Muscat is done testifying.
Before the inquiry wraps up proceedings, judge Zammit McKeon reiterates that anyone (apart from witnesses to be produced by the Sofia family) interested in providing evidence to the inquiry must notify them of their interest by August 31.
BCA budgets
11.36am Comodini Cachia would like Muscat to present details about the amount of money the BCA had requested from the finance ministry, versus what it actually received.
But the inquiry chair says that will not be necessary – the inquiry was told last week that the BCA got half of what it asked for, and that will suffice.
BICC to merge with BCA
11.33am Muscat tells the inquiry that the BICC will eventually be amalgamated with the BCA.
"We need to work together," he says. Muscat is asked to provide the inquiry with minutes of the board meeting whether that was discussed and agreed upon.
The BICC was consulted on the licencing of contractors, but that process was piloted by the BCA, he adds.
Answering a question, he tells the board that a group of six or seven people are responsible for vetting method statements. Then there’s a team of 16 architects tasked with checking project work.
BCA CEO presents documents
11.20am Agius Mamo is done testifying. And it turns out we have one more witness – BCA CEO Jesmond Muscat.
Muscat produces audited accounts of the BCA, as well as minutes of meetings discussing the Sofia incident. He also hands the board information about the contractors found to have breached BCA laws and given warnings or fines. The documentation also lists the amount each contravenor was fined.
No talks about building codes
11.15am Therese Comodini Cachi asks Agius Mamo about the Chamber’s position on building codes. [Building codes are standardised procedures for construction processes and part of the BCA’s remit is to establish and introduce them into Malta. The inquiry heard last week that three of these codes have been drafted but have yet to be passed into law by the government, for some reason].
Agius Mamo says the chamber never discussed them with the BCA. Talks only centred on the legal notice, through its involvement in the BICC. The Chamber was not consulted on the various drafts of the legal notice, either.
'We cannot have self-regulation'
11.10am Agius Mamo says the Chamber is in favour of having some form of mandatory skills card for construction workers. [A card system was introduced in 2019 but is not mandatory].
She acknowledges that talks about such a card have dragged on for years, but assures the board that delays have nothing to do with the Chamber or its members.
She is pressed on how that rule could be enforced, and replies rather categorically.
“We cannot have self-regulation,” she says. “I do not go into that level of detail and am in no position to provide any guarantee about our members. But we obviously cannot rely on self-regulation.”
TCNs in the construction sector
11.04am Agius Mamo is asked about third country nationals working in the sector.
Contractors sometimes have problems with TCNs having false documents, she says. Companies first try to source local workers and turn to foreign markets when they are unable to find any. Foreign workers are screened, she says: there are checks by Identity Malta and Jobsplus, as well health screening. Police are also involved, she says.
Discontent with 'cowboys'
11am Contractors who form part of the Chamber of SMEs are “not happy” with cowboys in the sector and gave no indication they are against a classification system, Agius Mamo says.
Insurance discussions complex
10.52am Regarding insurance, Agius Mamo acknowledges the high risks involved in the construction sector and says that is insurance cover becomes a requirement to obtain a contractors’ licence, authorities must first ensure that such insurance policies are available locally. Various insurance models were discussed internally, she says.
BCA needs digital oversight of sites
10.45am “When there are a lack of standards, those who operate well suffer because of the few who do things badly,” Agius Mamo says.
The Chamber told the BCA that it needed to have adequate electronic data to oversee contractors’ concurrent work, Mamo says.
If a contractor is demolishing a building somewhere, he cannot be elsewhere at the same time, she says. Such a system would flag this to the BCA and make it easier for the authority to carry out inspections and enforcement.
Abigail Agius Mamo. Photo: Jonathan BorgChamber of SMEs boss testifies
10.42am The day’s last witness is Abigail Agius Mamo, who leads the Chamber of SMEs.
Some of the chamber’s members are contractors, she confirms. Some are smaller, others are larger companies.
The chamber was involved in talks with the BICC (Building Industry Consultative Council) concerning regulations to licence contractors, she confirms.
The Chamber got feedback from some of its contractor members and also submitted its ideas during the consultation period, she says.
Talks with BCA
10.35am The board wants to know about the details of plans to cover construction workers with workplace safety insurance policies. Would a victim be able to turn to an insurer if the employer in question breached the policy?
“We haven’t got to that stage yet in discussions,” Galea replies.
The chair asks him to ensure that they do so, and to report back. “That’s a very, very important issue,” he stresses.
Galea says the MIA is due to meet the BCA again in around two weeks. He acknowledges that many details still need to be worked out.
Answering a question, he says it would helpful to have contractors classified. It would make it easier for insurers to price risk, he says.
That's all from Galea.
Adrian Galea. Photo: Jonathan BorgInsurers and their construction sector doubts
10.25am The next witness is Adrian Galea from the Malta Insurance Association.
Local insurers have been reluctant to provide year-long insurance cover for contractors, and instead want contractors to take out specific insurance policies for each project they undertake.
Galea tells the board the the MIA is currently speaking to the BCA about this and talks are at a “very advanced stage”.
He argues the MIA position, saying that each project varies from another and that insurance must therefore reflect that. [Architects, however, are able to take out year-long policies irrespective of projects]
When it comes to employers' all-risk insurance cover, Galea says that a law passed in 1974 was never implemented. The government wants this to be mandatory but insurers believe that is unfeasible, given how risky the sector is.
“The premiums would be so high that no one would consider buying them,” he says.
Drop in OHSA inspections
10.18am Gauci insists that “the absolute majority” of OHSA inspections are proactive, rather than reactive. He acknowledges that he doesn’t have the data to back that up, but says he can “guarantee” it.
One last question from Deguara: why did OHSA inspections drop (by around 600) last year, when compared to the COVID-19 period? Gauci says that inspectors had more time to inspect sites during the pandemic.
That's all from Gauci.
OHSA inspections
10.13am Lawyer Therese Comodini Cachia, representing the Sofia family, takes over questioning.
She focuses on foreign workers who are not registered and therefore cannot be monitored by authorities.
Comodini Cachia wants Gauci to tell the inquiry how many construction site fatalities it knows of [rather than what NSO figures say]. She also asks the witness to state how many victims were Maltese and how many were foreign.
She cites the example of Lamin Jaiteh, a construction worker who fell from height and was left for dead by the side of the road by his boss, who did not want to report the incident as Jaiteh was unregistered.
Gauci confirms that the OHSA spoke to Jaiteh when he was in hospital.
He then speaks more generally. When the OHSA inspects a site, it follows that up with meetings. Inspectors ask workers about training, he says, but measures to improve workplace safety are the responsibility of the employer and project supervisor, not the worker.
The problem with OHSA rules
10.04am Charles Deguara is unimpressed by the number of fines issued by the OHSA. It’s the amount that people are fined that matters, he says.
Gauci argues that each fine comes with an order to stop works until the problem is fixed.
In such cases, the OHSA meets the duty holders – the client, contractor, project supervisor – onsite. Project supervisors give clients a weekly report and wait for them [the client] to do something about the problem.
Cassar interjects- how would the OHSA know, if the client chooses to do nothing?
Gauci appears to concede that point, saying regulations are being amended to empower them to stop works until issues are fixed. Project supervisors currently fear being fired if they do their job properly, he says.
Theory vs reality
9.55am Gauci returns to a point he emphasised when he first testified: statistically, the incidence of workplace accidents is down. He reiterates the work that the OHSA does, from awareness campaigns to educational seminars. He tells the board that the authority has issued many more fines and issued more court charges.
Zammit McKeon interjects, telling the witness “unfortunately, everyday life is not textbook life.”
“Just days ago, I saw a seven-storey development abroad. There wasn’t even a single spec of dust,” the chair explains. “And yet in this gem of a country…”
A reactive or proactive agency?
9.49am Zammit McKeon says he fears the OHSA is a reactive, rather than proactive agency. It seems to rely on reports being made to it, or media reports of dangers.
Gauci is forced onto the defensive. Yes, he says, the OHSA is partly reactive. But it also assesses information from the PA and undertakes specific proactive campaigns, like a recent one to check scaffolding. It also draws up reports for parliament, meets with minority workers and circulates literature about workplace safety in several languages, Gauci argues.
So what do OHSA inspectors do?
9.45am Gauci argues that even if OHSA inspectors had gone to the site, they would not have been competent to judge whether construction was being done properly or not.
That line of argument seems to baffle inquiry member Charles Deguara.
“So what competence do they have? When on site, what does the OHSA inspection actually consist of? If they lack competence, what do they go there to see? If there is a safety risk, don’t they realise?”
Mario Cassar builds on that line of argument. The four-storey Corradino site had no railings along its perimeter. Couldn’t OHSA inspectors have seen to that, he asks.
And now it’s Zammit McKeon who hammers the witness.
Railings were not needed for decorative purposes, but to safeguard workers, he says. “Didn’t your inspectors note that? It’s something obvious, even to an illiterate person!”
No OHSA inspection of Corradino site
9.40am The OHSA did not inspect the Corradino site that eventually collapsed, Gauci confirms.
He is asked why not.
“The OHSA is not obliged to conduct inspections,” Gauci replies. He cites a recent court of appeal judgment that concluded that if no work is ongoing when inspectors drive past, there is no duty to report.
"Let history judge, Dr Gauci, no matter what the court said,” judge Zammit McKeon tells the witness.
Industrial action impacts joint efforts
9.33am Answering questions by inquiry member and architect Mario Cassar, Gauci explains that the ‘competent person’ on a construction project, project supervisor and health and safety officer are distinct people.
Gauci tells the board that the OHSA used to carry out joint inspections with other stakeholders - but those inspections are currently on pause due to industrial action.
Gauci explains that the OHSA now has the ability to see which commencement notices have been filed with the Planning Authority. They can then cross-reference that to ensure the OHSA has been duly notified about works.
No requirement to report near-misses
9.25am Gauci is asked about the way in which workplace incidents are reported. If a claim is not filed with the Social Security Department, is the employer required to notify the OHSA?
Gauci replies: The system we use is the same one used abroad. Some cases are not included in official statistics – we’ve long said that, since the system is based on claims. But we are such a small country that is impossible for the OHSA to not find out about serious accidents.
Zammit McKeon asks for further clarity. Is there no requirement to report near misses or dangerous incidents? Gauci: No. Not even in foreign systems. There is no obligation to report in such cases.
Gauci confirms that in such cases, it is often the media or members of the public who are the ones that bring incidents to light.
Squaring the circle
9.20am Zammit McKeon asks Gauci to explain some discrepancies between his testimony and that of the OHSA chairman, David Xuereb.
Gauci and Xuereb had both given the inquiry different numbers when asked how many inspectors the authority had, and also could not agree on details about the authority’s website.
Gauci confirms that the OHSA has 13 enforcement officials and says the OHSA website is not hosted by MITA.
“So in simple terms, the chairman was wrong,” the inquiry chair says.
“Perhaps he was referring to a previous incident,” Gauci replies.
OHSA documents presented
9.14am OHSA CEO Mark Gauci will be the first witness. Gauci has already testified in the inquiry, but was asked for specific documents that he did not have on hand at the time.
They include accident statistics compiled by the National Statistics Office over the past years, based on information provided by the department of social security.
Gauci has also brought other documents, including ones providing a breakdown of workplace injuries and deaths in 2023, details about OHSA inspections and fines issued, and minutes of OHSA board meetings in which the Sofia tragedy was discussed.
OHSA CEO Mark Gauci walks to court. Photo: Jonathan BorgStivala sick
9.10am Inquiry chair Zammit McKeon says that Malta Developers Association boss Michael Stivala was due to testify today. But Stivala is unwell, so that will be postponed to another session.
Assistant police commissioner Kenneth Haber was also due to testify, but he still does not have the information requested by the inquiry. So Haber’s testimony will also happen on another day.
What to expect
9.02am When the two bosses of the OHSA and BCA, Mark Gauci and Jesmond Muscat respectively, testified before the inquiry, they were both told they would need to return with documents requested by the board.
We expect that to happen today.
We also spotted Chamber of SMEs CEO Abigail Mamo and Malta Insurance Association CEO Adrian Galea entering court a short while ago. Could they also be on the witness list? We will soon find out.
Welcome
9am Good morning and welcome to this live blog. We're at the Valletta law courts, ahead of the fourth hearing in this public inquiry.