The Occupational Health and Safety Authority is in for a major overhaul to streamline and improve its operations and introduce harsher penalties for breaches but increasing workplace inspections is not on the cards in this reform, Planning Minister Stefan Zrinzo Azzopardi said on Friday.
He said that while the authority had an open call to beef up the number of inspectors, its main focus will be on strengthening deterrence and shifting the onus on those responsible to ensure health and safety standards at the different workplaces.
Zrinzo Azzopardi was speaking during the launch of a white paper that will abolish the present Occupational Health and Safety Authority Act and replace it with a brand new law to allow the authority to work in such a way that occupational health and safety standards and procedures are adhered to.
He said lack of standards leads to injuries, ill-health and tragic loss of life. This also has a spill-over effect on businesses and reputation, with the obvious effect this has on the economy.
The minister said the aim of the white paper is to restructure the OHSA after 20 years of operation. The time was ripe for the act to be reviewed to ensure that the authority’s structures are better defined and serve the purpose effectively through the strengthening of operational checks and balances.
It will also upgrade the system of deterrents to provide a more effective and efficient system of enforcement.
According to the white paper, the OHSA will now be overseen by a governing board which will supervise the operations of the health and safety executive, led by the chief executive, which will be responsible for the implementation of the provisions of the new law.
Separately, the OHSA will have a new health and safety council which is intended to give a stronger voice to the social partners who shall be consulted on matters related to occupational health and safety and foster better relations between various stakeholders.
The executive committee will have the power to issue administrative instruments to regulate OHSA matters which, rather than ending up in court when fines are not paid, can be reviewed by an independent health and safety tribunal.
This would allow parties to formally appeal such fines, something that cannot be done at present. It will also reduce dependence on the criminal courts with a never-ending backlog of cases heard by just one magistrate.
OHSA CEO Mark Gauci stressed that this did not in any way mean decriminalisation but rather the introduction of an effective way through which fines can be contested.
The proposed draft suggests a significant increase in applicable penalties, increasing from the present maximum of €466 to €1,000, with the maximum applicable fine increasing from the current €11,646 to €50,000 for each offence.
The tribunal can review fines of not more than €1,500 through a petition. It will be decided by one person, a lawyer with at least five years of experience.
Administrative penalties of up to €20,000 can be reviewed by a tribunal composed of three persons, chaired by a retired judge or magistrate with two other members being warranted persons. In the absence of an appeal, the fine will become final.
The new law also proposes a new concept whereby employers will appoint one or more of its directors to serve as a health and safety responsible officer who will be tasked to supervise and oversee that occupational health and safety policies and procedures are being followed in accordance with legislation.
Zrinzo Azzopardi said he hoped the implementation of the new act will contribute to the much-needed compliance culture and provide a more effective deterrent system that is applied transparently, equitably and efficiently.
According to OHSA's latest figures, injury and fatality rates are showing persistent downward trends.