Amendments to safety regulations at construction sites
The scope of Legal Notice 88 of 2018 is to ensure the health and safety of workers in the construction industry. These regulations, which had previously amended others published in 2004, bring into effect a European Union directive.
Improvements were deemed necessary to ensure that workers are better protected.
Although the Occupational Health and Safety Authority (OHSA) does not limit its activities solely to the construction industry, the bulk of its inspections happen within this sector. Given the high volume of activity within the construction industry, the OHSA needs to have all the tools at its disposal to ensure that rules and regulations are always followed.
It is encouraging to note that, while activity within the construction industry has substantially increased over the last years, incidents at the workplace have decreased. However, more needs to be done.
Under the current regulations, the role of project supervisor, appointed by the client to ensure safety at the workplace, is crucial. It is within the project supervisor’s remit to prepare a health and safety plan, which must be followed, rigorously, by all duty holders on site, including the building contractors, self-employed persons and workers.
Any failing on the part of the project supervisor can have serious consequences. Moreover, it is often the practice that, once a particular task or activity finishes, preventive measures to ensure health and safety practices on a construction site are discarded. This creates dangerous risks to other workers assigned to a construction site for other subsequent works.
It has long been felt that the current regulations needed further tweaking, to ensure that all duty holders fully understand their role. Following meetings with the two organisations representing project supervisors, it resulted that a number of provisions within the current regulations can give rise to misinterpretation.
The proposed amendments strengthen the role of the project supervisor. This includes giving them the necessary authority to halt works when health and safety regulations are not being followed.
Currently, project supervisors refrain from conducting frequent visits at construction sites. The proposed amendments shall address this matter. Project supervisors shall be tasked with conducting a post-visit site report, which they shall forward to their clients and building contractors. This would enable both clients and building contractors to be continuously informed of developments within the construction site and any actions that may need to be taken.
They shall also be authorised to carry out inspections whenever they deem fit and necessary and to order the removal of any tools and machinery that could be of danger to construction site workers.
Project supervisors shall have the necessary legal backing, support and protection, which shall safeguard them from legal action, including claims for damages, if they carry their duties legitimately and in accordance with rules and regulations pertinent to their assigned tasks.
It will be the responsibility of the project supervisors to ensure the safety of a construction site from the commencement of a project to its conclusion. Building contractors, self-employed workers and employees in general will be duty-bound to follow the instructions given to them by the project supervisors.
These amendments are expected to strengthen health and safety regulations within construction sites. The construction industry is an important sector for Malta’s economy. However, the workers’ health and safety must be safeguarded at all times and these amendments should go a long way to secure this goal.
MARK GAUCI - chief executive officer, Occupational Health and Safety Authority, Pietà