Changing the culture with regards to construction safety was as important as changing the legislation, according to Catherine Halpin, the CEO of Quad Business Towers.

“There is definitely no legislation and no health and safety practice that could not be improved in some way. No one should ever be afraid of review. So if we need to look at the legislation, by all means, let us do so, but it should not just be changed for the sake of change,” she told the Times of Malta.

“There is legislation, there are competent people, and there are plenty of examples of things being done professionally. But unless there is the right culture with regards to safety – from the client to the managers and the employees – all the legislation in the world will not help.”

Following the collapse of an apartment block in Gwardamanġa on Wednesday night, the Chamber of Architects on Thursday had lamented that there was too much fragmentation of responsibilities, and that there were no clear lines of responsibility.

There has been a spate of recent accidents over the past months, but these were linked to safety of the workers – a matter that falls under the remit of the Occupational Health and Safety Authority.

The recent case was different as it deals with damage to third party property – which falls under the Building Regulation Office, which had not replied to questions sent to it by the time of going to print.

The OHSA has a register of ‘competent people’ for employee safety, but the KTP singled out the role of the site manager under the BRO’s legislation, saying that the regulations do not establish “minimum basic training or competencies” – not even that a site manager must be literate.

Catherine Halpin, the CEO of Quad Business Towers, and Aldo Busuttil, head of AME and site manager for Quad Business Towers. Photo: Chris Sant Fournier

If no site manager is identified by the developer/client, then by default the latter must shoulder the liability.

Aldo Busuttil, the head of AME and site manager for Quad Business Towers in Mrieħel, says he has seen considerable improvements over the years. He gave as an example the requirement for hoarding around a building site, which has been a legal requirement for decades but has only been enforced for the past few years.

However, although more developers are taking on safety consultants and appointing professional site managers, he still sees too many projects – often smaller ones – where the role of site manager is done ‘in house’.

What is holding them back? Is it the cost?

“I can assure you that it does not cost more to do things properly, since if there is proper planning, logistics and preparation, then there are fewer setbacks,” Ms Halpin stressed.

Mr Busuttil is concerned, as was the KTP, that the pressure on contractors to finish a project as quickly as possible may lead them to cut corners – what the KTP described as “the current frenzy to turn around projects as quickly as possible”.

“A building project is like a pregnant woman – it is going to take nine months and there is nothing you can do to make that time any shorter. But this is what some people are trying to do. The attitude of ‘don’t worry; it’s just for a minute’ should not prevail when just one second can cost someone their life,” he said.

Mr Busuttil quoted from a dozen different pieces of legislation, pointing out anomalies and shortcomings in many of them, but when it comes to tightening it up as the KTP is recommending, while both he and Ms Halpin were all in favour of improvements, they were reluctant to go overboard.

“The competence required of the site manager depends a great deal on what type of project it is, as there are so many factors – but at the end of the day, having a degree or some other qualification is never going to be as important as having the right culture. You need to have a framework where an employee can come to you if he or she has a concern – and the manager has to be ready to listen,” Ms Halpin said.

Avoidance of Damage Regulations

The developer must identify a site manager to the Building Regulation Office (BRO), or be considered as undertaking the role themselves.

The site manager must submit a method statement to the BRO which should be available on the latter’s website, as well as via hard copy.

Demolition, excavation and construction works must be adequately insured, and cover must be at least €500,000.

The developer also has to submit a bank guarantee to the director of the BRO of €3,000 for each storey of developed third party properties contiguous to his site, for the first five properties, and a further €1,000 for each additional one, up to a maximum of €40,000.