Working safely

What work activities are covered by health and safety regulations?

Act XXVII of 2000, the Occupational Health and Safety Authority Act, is the principal legislation which regulates occupational health and safety in Malta. It applies to all sectors of activity, public and private, and to all work activities, but does not apply in the case of activities carried out by members of the armed forces, police force or civil protection services. In the case of the latter, however, the Act includes a proviso that with regards to members of the aforementioned public services, the health and safety of workers has to be ensured as far as reasonably possible in the light of the overall scope of those services.

Furthermore, and by virtue of the interpretation given to the term “worker” in the Act, the crew of vessels registered in Malta or any other person employed thereon as part of the ship complement, are also excluded from the applicability of the Act.

On the other hand, the term “worker” includes trainees, apprentices and self-employed persons.

Does the OHSA remit extend to all local companies and employers?

Maltese occupational health and safety legislation applies to all sectors of the economy, irrespective of industry, size or whether this is a public or private undertaking.

Do health and safety regulations vary depending on the kind of business?

There are two types of regulations in Malta – the general legislation which is applicable to all workplaces and to all sectors of activity, and the specific regulations which either target a specific sector (such as construction and quarry operation), risk (use of chemicals or exposure to physical agents) or work activity (such as use of work equipment, visual display terminals, manual handling).

There are also specific regulations which target vulnerable groups, including young persons, pregnant workers and workers who are breastfeeding or who have recently given birth. A number of other miscellaneous regulations are also in force and regulate the use of signage, provision of first aid and so on.

What are the more common risks that an office can present?

Although an office environment is considered as having less risks than other work activities, it also has a number of hazards which may pose certain risks.

Apart from physical risks work related stress, can also be encountered within offices – worldwide, more evidence is coming to light which shows the large extent of the problem, which by virtue of the changing world of work, including changes in employment structures and organisational changes, is leading to a higher prevalence of this psychological condition and others related to it.

What is OHSA’s advice to office workers with regards to correct sitting posture, ergonomic seating and working with visual display terminals?

The best advice is to take a look at the minimum requirements established by law and compare one’s situation accordingly. Where a situation is identified as not being compliant with established criteria, appropriate action should follow.

To put forward the best approach, irrespective of the situation, every employer shall conduct an assessment of the risks present at the workplace and keep a record of these findings where five or more workers are employed.

This assessment shall: identify the hazards present; assess the magnitude of the risks involved, persons involved and compare these risks to the relevant laws and applicable good practice in the field and; where non-compliance is observed, propose a set of control measures to remedy the situation, which control measures shall be implemented accordingly.

As a suggestion, employers and workers should consult the relevant legal notices that apply for this sector which for ease of use have been also placed on the OHSA website.

Should every office have access to natural light?

According to the requirements of LN 44 of 2002, an employer shall take all the necessary measures to provide and maintain suitable and sufficient lighting, which so far as reasonably practicable, shall be by natural light. Where owing to the construction of that place of work natural light proves difficult, an adequate provision of artificial lighting should be provided.

Do employers have the obligation to discuss health and safety issues with their employees?

Local laws require that every employer shall consult workers on all matters which affect occupational health and safety and where a sufficient number of workers are employed shall also ensure that workers appoint a health and safety representative who will represent them in consultations with the employer on occupational health and safety matters. Furthermore an employer is bound to provide information, instruction, training and supervision as is required to ensure safety at work.

On their part workers are duty bound to cooperate with their employer on occupational health and safety matters and with the workers’ health and safety representative and to ensure their own safety and health as well as that of other persons who can be affected by their acts or omissions at work in accordance with the training and the instructions given by the employer.

Do office workers who suffer from particular conditions have more protection?

Protection offered by an employer has to be risk based. The higher the risk, the higher the level of protection required. In this case, an employer has to ensure that a place of work is compliant with the relevant legislation, first and foremost by conducting a risk assessment to identify hazards and introduce adequate control measures. In addition, this risk assessment shall also ensure that work practices or the work environment are not aggravating or triggering any medical conditions among workers.

Remigio Bartolo is senior manager (communications and PR) at the Occupational Health and Safety Authority and is focal point manager at the European Agency for Safety and Health at Work. For more information visit www.ohsa.org.mt.