The Health and Safety at Work Act (Chapter 646 of the Laws of Malta) (the “Act”) came into force on 26 November 2024, marking a significant modernisation of Malta’s workplace safety framework. The Act strengthens employer obligations, formalises the role of the Health and Safety Reporting Officer (HSRO) and enhances the powers of the Occupational Health and Safety Authority. It also establishes a new, independent Health and Safety Tribunal with the aim of providing a clearer and more robust appeals mechanism to ensure accountability and fair oversight.
Key Definitions
The Act introduces a strengthened suite of definitions that form the legal foundation for interpreting and applying all duties under the law. These definitions clarify who is responsible, who is protected and where safety obligations apply, ensuring the legislation reflects modern working realities.
Worker
- Includes employees, apprentices, trainees, volunteers and certain self employed persons.
- Ensures modern and non traditional workers benefit from full legal protection.
- Encompasses contractors, subcontractors and individuals with overall direction or day to day management, not just the legal entity hiring labour.
- Closes gaps previously exploited to avoid safety responsibility.
Workplace
- Defined as any location where work occurs.
- Covers vehicles, vessels, temporary sites and mobile environments, ensuring safety obligations extend beyond traditional premises.
Competent Person
- Must have the requisite qualifications, accreditations, training, experience and be listed in the Competent Person Register.
- Ensures only properly recognised individuals may provide safety related advice or perform specialised tasks.
- Elected or designated to represent workers on safety matters, with guaranteed access to necessary information and resources.
- Strengthens worker participation and ensures transparency in safety decision making.
Administrative Instrument
- Legally binding directives, protocols, guidelines, orders or circulars issued by the Authority.
- Provides flexibility for rapid regulatory response without requiring amendments to primary legislation.
The Occupational Health and Safety Authority
The Act re establishes and strengthens the Occupational Health and Safety Authority, giving it clearer structure, enhanced powers and a central role in national safety oversight. The Authority is composed of:
- A Governing Board, responsible for strategic oversight, policy guidance and performance review; and
- An Executive, tasked with implementing the Act, conducting inspections, enforcing compliance and issuing administrative instruments with legal effect.
The Authority is granted full legal personality, enabling it to enter contracts, acquire property, investigate workplace incidents, maintain registers and take enforcement action where breaches occur. It also leads nationally in promoting awareness, collecting data on work related injuries and illness, issuing guidelines and supporting research initiatives. These expanded functions ensure the Authority is equipped to deliver effective oversight and adapt to emerging workplace risks.
Duties Under the Act
The Act establishes a comprehensive framework of duties aimed at ensuring the protection, wellbeing and safety of workers across all work environments. These duties apply to employers, workers and self employed individuals.
Duties of Employers
Employers bear the primary responsibility for workplace safety. They must ensure the physical and psychological wellbeing of workers at all times, including individuals who may be indirectly affected by the work being carried out (such as those near or around a worksite).
Employers must comply with the general principles of prevention, which include:
- avoiding risks,
- identifying hazards,
- evaluating unavoidable risks,
- controlling risks at their source, and
- adapting to technical progress.
In addition, employers must:
- provide all necessary information, instruction, training and supervision;
- maintain and regularly review a written health and safety policy;
- inform contractors, subcontractors and external workers of workplace hazards; and
- ensure that compliance with health and safety obligations does not impose any financial burden on workers.
Duties of Workers
Workers must take reasonable care for their own safety and that of others. They are required to:
- use machinery, equipment and personal protective equipment correctly;
- refrain from tampering with or disabling safety devices; and
- report any serious and immediate dangers or shortcomings in the safety arrangements.
Workers also enjoy the right to refuse unsafe work under specified conditions, reinforcing a shared culture of safety.
Duties of Self Employed Persons
Self employed individuals must apply the same principles as employers. They are required to assess risks associated with their work and take the necessary preventive measures to protect themselves and others.
Workers’ Health and Safety Representative
The Act strengthens the role of the Workers’ Health and Safety Representative, ensuring workers have a protected voice in workplace safety matters. Representatives must be consulted by employers “in advance and in good time” on any issue affecting health and safety. They have guaranteed access to relevant documents (including electronic copies) and must be provided with adequate time and resources to perform their role. Importantly, representatives are protected from disciplinary action when acting in good faith.
The Health and Safety Reporting Officer (HSRO)
The HSRO plays a central internal compliance role. They are responsible for receiving reports about potential breaches and investigating these concerns, following which they will determine whether a breach has occurred. When a breach is identified, the HSRO must issue a written report to the employer, outlining findings and recommending corrective actions.
If the employer fails to act within a reasonable timeframe, the HSRO is legally required to escalate the matter to the Authority, ensuring that unresolved safety issues receive external attention.
A strict timeline applies: when a worker (or someone acting on their behalf) submits a written report, the HSRO must investigate and issue a written report within fifteen (15) days. This requirement prevents delays and ensures swift internal response. Failure to meet this deadline may constitute an offence.
The HSRO must also maintain registers and written records of investigations, decisions and recommendations, and consult with workers’ health and safety representatives when preparing reports. Together, these duties establish a structured, transparent and reliable internal mechanism for addressing safety concerns.
Health and Safety at Work Officers
The Act introduces Health and Safety at Work Officers as the primary enforcement personnel of the Authority. Appointed by the Executive and identified through official credentials, these Officers hold wide ranging inspection powers, including the ability to:
- enter any workplace at any time (including at night) without prior notice;
- request police assistance for the execution of their duties;
- interview employers, workers and other persons;
- inspect documents, take samples and seize equipment; and
- require certificates from architects, engineers or medical practitioners to verify safety.
Officers may issue verbal or written orders that must be complied with immediately unless doing so would create an immediate danger. Written orders may include sealing all or part of a workplace until hazards are addressed. Employers must display such orders prominently.
Officers benefit from protection as public officers under the Criminal Code by making it an offence to threaten, obstruct, mislead or interfere with them. Officers acting in good faith are also shielded from liability. These powers reflect the Act’s commitment to strong enforcement and immediate intervention where necessary.
Health and Safety Tribunal
The Act establishes an independent Health and Safety Tribunal to ensure fair review of decisions, orders and administrative penalties issued by the Authority. The Tribunal is composed of a Chairperson, who must be a warranted legal professional with at least five years’ experience, along with two additional members with expertise in health and safety.
Any person subjected to a decision or administrative penalty has the right to appeal to the Tribunal. For lower value penalties (not exceeding €1,500), the Tribunal may determine the appeal solely on written submissions, enhancing efficiency.
A further appeal may be made to the Court of Appeal on points of law, safeguarding procedural fairness and legal scrutiny.
Fines and Penalties
The Act adopts a robust enforcement regime combining administrative and criminal penalties. Administrative penalties may reach €20,000 per breach, while more serious violations may result in criminal fines of up to €50,000, imprisonment, or both. A compromise fine procedure allows offenders to admit wrongdoing and remedy the breach within 60 days, after which the fine becomes final.
Significantly, the Authority is required to publish all final administrative penalties and decided cases, reinforcing accountability and promoting compliance through public transparency.
How BDO can assist
BDO Malta’s legal team can help employers understand their employment law duties, implement compliant workplace policies and ensure adherence to the Act’s new requirements. We also assist with contract drafting and negotiation, helping businesses align agreements with the Act’s expanded responsibilities and risk management obligations.