Legal Framework and Employer Responsibilities for Workplace Health and Safety in Malta
Introduction
A safe and healthy workplace is not a privilege – it is a fundamental right of every employee. Employment law recognises that part of the employment relationship is the employer’s obligation to provide working conditions that do not endanger the health and safety of their staff. When these obligations are ignored or breached, and an employee suffers harm or injury as a result, legal consequences may follow.
In Malta, the law takes occupational health and safety (OHS) seriously, holding employers accountable for both the physical and psychological well-being of their workforce. Under the Health and Safety at Work Act, (Chapter 646 of the Laws of Malta), which implements the EU Framework Directive (89/391/EEC), employers have a general duty of care to safeguard OHS by ensuring safe working environments, providing adequate training, and supplying clear information about risks and protections. This blog explores the responsibilities placed on employers, the rights of employees, and the legal framework that governs workplace health and safety in Malta.
Chapter 646 of the Laws of Malta
In 2024, Malta introduced Chapter 646 of the Laws of Malta, the Health and Safety at Work Act, which represents a major step forward in strengthening occupational health and safety (OHS) across all sectors.
The Act introduces a number of improvements over the previous framework, including:
- Restructuring the OHSA (Occupational Health and Safety Authority) – clarifying roles and responsibilities within the Authority and strengthening governance.
- Stronger penalties – reforming the penalty system to increase its deterrent effect, while ensuring more effective compliance.
- Clearer duties – expanding the responsibilities of both employers and workers in safeguarding workplace safety.
- New Health and Safety Tribunal – with a special compromise procedure to resolve disputes more efficiently.
- Health and Safety Reporting Officer (HSRO) – introducing this role in certain industries to ensure compliance and reporting.
- Administrative Instruments – giving OHSA the power to act quickly through urgent regulatory measures that carry the force of law.
- Transparency – allowing for the publication of administrative penalties and court decisions relating to duty holders.
At the heart of this reform is the Occupational Health and Safety Authority (OHSA), established under Article 4 of the Act. The OHSA is tasked with promoting and safeguarding the physical, psychological, and social well-being of workers in all workplaces.
In addition to the OHSA, the Act empowers Health and Safety at Work Officers with wide-ranging authority. Their role is to ensure the general implementation of OHS regulations, and their powers include:
- Entering workplaces freely, at any time of day or night, without prior notice;
- Questioning employers, employees, or representatives about safety matters;
- Inspecting and examining workplaces, taking samples where required;
- Reviewing documentation related to health and safety;
- Ordering that certain workplace areas or items remain undisturbed for examination;
- Requiring employers (at their own expense) to provide certificates from qualified professionals such as architects, engineers, or medical practitioners.
These measures are designed to give officers the tools they need to act quickly and effectively in protecting workers.
The Duties of Employers Under Chapter 646
One of the cornerstones of Chapter 646 is the clear emphasis on the employer’s duty of care. Employers are legally responsible for ensuring the health, safety, and overall well-being of their employees, as well as anyone else who may be affected by their operations. This duty applies universally, whether employees are full-time, part-time, temporary, or even self-employed contractors.
The law requires employers to take all necessary measures to prevent workplace accidents, injuries, and ill-health, following the general principles of prevention. In practice, this means employers must:
- Prevent risks before they happen by identifying workplace hazards, evaluating risks, and controlling them at the source;
- Replace danger with safety by substituting dangerous substances or processes with safer alternatives wherever possible;
- Provide training and information so that all employees understand health and safety risks and how to protect themselves;
- Maintain safe working conditions, including fire alarms, extinguishers, first aid kits, and clear emergency exits;
- Conduct regular risk assessments and act on them to reduce risks as much as reasonably practicable;
- Have clear policies and procedures for handling accidents or emergencies.
Beyond these essentials, the Act strengthens employer obligations with additional requirements, such as:
- Developing and reviewing a written OHS Policy that sets out the main safety measures, ensuring it is shared with employees and their representatives;
- Consulting with workers and their Health and Safety Representatives on matters that affect their health and safety;
- Communicating safety information to contractors, self-employed individuals, and any outside workers about hazards and preventive measures on site;
- Providing safe systems of work, including proper emergency preparedness, safe equipment, protective gear, OHS signage, and adequate welfare facilities;
- Monitoring and reviewing safety measures regularly to ensure they remain effective;
- Ensuring that workers bear no financial cost for the implementation of health and safety measures.
In addition, employers are legally required to ensure that, in any workplace with multiple employees, workers elect or designate a Health and Safety Representative (HSR). The HSR acts as the voice of the workers on health and safety issues. This ensures that health and safety is not a one-sided duty imposed from the top down but a collaborative process between employers and employees.
The Duties of Employees
While employers carry the primary responsibility for health and safety at work, employees are not passive bystanders. The law makes it clear that workers also have important duties to help create and maintain a safe working environment.
Accordingly, employees are expected to:
- Follow safety protocols and use protective gear provided by the employer;
- Use tools, machinery, and substances correctly and responsibly;
- Report unsafe conditions or incidents immediately to the employer or the designated health and safety officer;
- Be alert to hazard signs and act accordingly to minimise risks.
The law also empowers employees to raise concerns about dangerous situations without fear of retaliation.
What Happens After a Workplace Injury?
Despite the best efforts of employers and employees, accidents can and do happen. When they do, Maltese law provides employees with clear rights and remedies.
If you are injured at work:
- Inform your employer right away – reporting ensures that the incident is officially recorded;
- Seek medical attention without delay;
- Claim your entitlements – workers are entitled to compensation for injuries sustained at the workplace under Maltese law, usually covered by the employer’s insurance policy.
In addition, employers are legally obliged, in terms of S.L. 646.03 (Workplaces (Health, Safety and Welfare) Regulations), to notify the OHSA of any serious accidents.
Legal Remedies and Compensation
Employees who are harmed due to unsafe conditions or breaches of health and safety regulations may also pursue legal action against their employer. To handle such disputes, Chapter 646 sets up a specialised Health and Safety Tribunal. This Tribunal can:
- Hear appeals from decisions, orders, or administrative instruments issued by the OHSA;
- Decide on breaches of an administrative nature, where administrative penalties may be imposed;
- Provide workers with an avenue to challenge infringements without immediately resorting to the criminal courts.
Appeals from Tribunal decisions can be made to the Court of Appeal, but only on points of law, and must be filed within 20 days of the decision.
Administrative Penalties and Offences
Not every breach of OHS law is a criminal offence. Some failures – like not appointing a health and safety representative, not keeping required documentation, failure to make the necessary filings or not conducting proper risk assessments – are dealt with as administrative penalties.
Generally speaking, administrative fines can be up to €20,000 per breach. Before imposing a penalty, the OHSA may issue a written notice giving the employer a chance to remedy the breach within a set timeframe. If no written notice was issued or otherwise this was issued and ignored, the notified person has 20 days either to appeal from such sanction before the Tribunal or otherwise admit the administrative penalty. If no appeal is filed within the timeframe, the penalty becomes final and enforceable.
On the other hand, serious breaches, especially those involving an immediate and serious risk to workers’ safety or resulting in fatalities or serious injuries, may lead to criminal proceedings, in the Criminal Courts.
- For first-time offenders: fines range from €1,000 to €50,000, or imprisonment of up to two years, or both.
- For repeat offenders: fines increase to between €2,000 and €50,000, and imprisonment can range from one to four years, or both.
The Compromise Procedure
Chapter 646 of the Laws of Malta also introduces a compromise procedure for certain offences (excluding fatal accidents or administrative breaches). The OHSA may offer the offender the chance to:
- Remedy the issue within 60 days, and
- Pay a compromise fine.
If complied with, no further legal action is taken. If not, the case may proceed to criminal court -even if the fine was paid.
The Injury Benefit
In Malta, employees and self-employed individuals are also protected through social security benefits if they suffer an injury or illness related to work. These benefits apply from the very first day of employment and are not dependent on the number of insurance contributions made. Even if the accident occurs abroad, it is the country where the person is insured that is responsible for providing the benefits.
One may qualify for the Injury Benefit if:
- One is registered under the Social Security Act, having social security contributions being paid for;
- One has suffered an injury at work that prevents him/her from working for more than three consecutive calendar days, or
- One has developed a disease or medical condition related to his/her workplace.
To claim, employees must present:
- An Employer’s Declaration (or in the case of self-employed individuals, a declaration also signed by a police officer);
- A Report of Injury completed by a medical doctor (for accidents);
- A medical report prepared by a doctor (for occupational diseases);
Whilst the day of the injury and the first three consecutive working days of absence are covered by the employer, from the fourth day onward, the Injury Benefit is paid weekly through the Social Security system. However, payments only begin after examination by a Medical Board unless the person returns to work within 10 days of the injury.
If the employee is still unfit for work one year after the injury, he/she must submit weekly medical certificates to continue receiving support – at that stage, payments are converted into Sickness Benefit. Similarly, if the injury causes a permanent disability, after 12 months of Injury Benefit one may apply for:
- A one-time Injury Grant,
- An Injury Pension, or
- An InvalidityPension, depending on the severity of the disability assessed by the Medical Board.
Conclusion
Prioritizing health and safety at work is not just a legal obligation – it is a shared responsibility that benefits both employees and employers. For workers, understanding your rights and duties ensures that you can protect yourself and those around you from potential harm. For employers, fostering a culture of safety reduces workplace accidents, minimizes absenteeism, and improves overall productivity.
By staying informed about Maltese health and safety laws, including your entitlements under Chapter 646 and the Social Security Injury Benefit, you can contribute to a safer, healthier, and more efficient working environment for all.
This article is for information purposes only and should not be construed as legal advice. The information provided reflects the law as it stands on the blog’s publishing date. For the most updated version or advice tailored to your specific circumstances, you are strongly encouraged to consult a lawyer.
Article and research done by Ms Caitlin Turner, LL.B. (Hons) (Melit.), currently reading a Master of Advocacy at University of Malta.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
