Malta introduces mandatory heat stress protection for construction workers

Malta’s Occupational Health and Safety Authority (OHSA) has implemented groundbreaking legislation requiring mandatory heat stress protection for construction workers, responding to escalating concerns over worker welfare amid rising Mediterranean temperatures.

Administrative Instrument No. 2 of 2025, which came into force on July 23, establishes statutory requirements for all construction sites where workers operate in direct sunlight. The comprehensive framework represents one of the most progressive approaches to occupational heat stress protection in the European Union. This was only possible with the collaboration of stakeholders in the industry. 

The Minister for Justice and Reform of the Construction Sector welcomed the new measures, stating, “These mandatory measures being introduced by the Authority in the interest of workers are the result of the reform we implemented in the OHSA Act. Thanks to the new law, approved by Parliament exactly a year ago, the Authority can now intervene more swiftly through Administrative Instruments in high-risk situations – such as the extreme heat we are currently experiencing.”

Under the new regulations, employers and project supervisors must provide hydration stations with adequate drinking water supplies, establish regular cooling breaks in designated shaded areas, and supply high-SPF sunscreen to all workers. The legislation explicitly prohibits shirtless working, whilst encouraging light-coloured protective clothing that doesn’t compromise existing personal protective equipment requirements.

The most significant provision triggers when ambient temperatures reach 40°C, as recorded by the Meteorological Office at Malta International Airport. At this threshold, the project supervisor, in consultation with the respective duty holders, should assess the prevailing site conditions and ensure that appropriate protective and preventive measures are implemented to safeguard the health and safety of workers.

 “The construction industry presents inherent occupational hazards, and our workers deserve the highest level of protection,” stated Dr Josianne Cutajar, Chief Executive Officer of OHSA. “This Administrative Instrument establishes mandatory safeguards that acknowledge the serious health implications of working in direct sunlight, particularly during Malta’s intense summer months.” 

The regulations apply comprehensive risk assessment requirements, mandating that employers consider environmental, personal, and working conditions that influence heat tolerance. Project supervisors bear primary responsibility for ensuring compliance across construction sites.

Exemptions exist solely for projects deemed of “National Interest,” though these require more stringent protective measures and detailed written justification maintained by project supervisors.

The legislation extends beyond immediate safety concerns, addressing Malta’s broader construction industry challenges. With the Mediterranean experiencing increasingly frequent extreme weather events, the timing reflects growing awareness of climate-related occupational hazards.

Legal frameworks supporting the instrument draw from Malta’s Health and Safety at Work Act (Chapter 646), which imposes general duty of care obligations requiring employers to ensure the physical and psychological well-being of their workers. These responsibilities extend equally to self-employed persons under Article 16 of the Act.

Industry compliance will be monitored through existing OHSA surveillance mechanisms, with appeals processes available through the Health and Safety Tribunal within 20 working days. OHSA maintains authority to modify provisions as conditions evolve.

Further information is available on www.ohsa.mt/admin-legislation

One may contact OHSA on Helpline 138 (available 24/7) or by email at ohsa@ohsa.mt