The government has commissioned a review of safety at public events but even a cursory read of the report prepared by the CEO of the Occupational Health and Safety Authority, Mark Gauci, shows the glaring shortcomings at present.
The report was requested after a supercar crashed into the crowd at Paqpaqli għall-Istrina but the issue of public safety was once again in the spotlight after 74 people were injured after a banister collapsed at a Paceville nightclub.
Two issues emerge. One is that the current authority is restricted to occupational health and safety, which precludes public events. The other is that there is no single entity responsible for public events, with the police seemingly the default through its remit as the entity that issues event permits. The list of those involved is endless, from Mepa and the Transport Authority, to the Malta Tourism Authority, the Building Regulations Board and the Health and Safety Surveillance Board.
Although the police clearly have a role in the issue of permits and in the organisation of public events, the question is whether they have the expertise required.
Health and safety covers an incredibly broad remit, as the two accidents above show… but there are many others. There are fire risks, toxic hazards, evacuation plans, and crowd control. There are issues with regards to exits in theatres and cinemas, the load bearing capacity of floors, the ventilation of car parks, and the sparks from fireworks.
Mandatory insurance cover is sometimes too low for the number of patrons involved and sometimes the rules allow small establishments to bypass certification for fire and ventilation.
Mr Gauci has recommended that the two issues be solved simultaneously. He believes that the remit of the OHSA could be extended from just occupational health and safety to that of the public in general. The first problem is that the authority in its current form has hardly got the resources to cope with the current workload. Based on legislation drafted in 2000, it is meant to monitor compliance, take enforcement and investigate but there are on average 3,000 non-fatal accidents and four fatalities a year. Going off the terrifying stunts posted on social media, the OHSA clearly has a tough job trying to get people to take even common sense precautions, let alone proper safety measures.
The second comment is that the sector with most influence is the insurance one as it is often the one to bear the brunt of negligence. As court compensation payouts increase, so too does the pressure on it to make sure that its clients have taken all the precautions to avoid injuries and deaths. Insurance companies have considerable expertise when it comes to assessing risk; this is their lifeblood, after all. Risk assessment could be outsourced to them.
The government has given the public until February 13 for feedback. Accepting the recommendations will only be the first step in setting out clear demarcations of responsibility with one overall authority, ensuring that there is the expertise to assess risk, and the right resources to enforce, with non-criminal penalties – currently capped at €11, 646.87 for fines and a two-year jail-term – that are enough of a deterrent.
More importantly, there has to be enough governance to guarantee that no one is ever allowed to cut corners or to bribe anyone, at any stage, to turn a blind eye.
We are talking about people’s lives here. Public health and safety is one area where there really should be zero tolerance to ignorance, nepotism or corruption.