Act XXXIII of 2024, also known as the Health and Safety at Work Act, is a significant piece of legislation in Malta aimed at promoting and safeguarding the health and safety of workers across all sectors, including both private and public sectors, as well as self-employed individuals. The Act came into force in November 2024, following Legal Notice 321 of 2024.
The primary objective of this act is to enhance workplace health and safety by protecting workers’ well-being. It applies to all workplaces and work activities, broadening its scope to include not just employees but also individuals engaged under contracts of service, trainees, apprentices, volunteers, and self-employed individuals.
The new Health and Safety at Work Act introduces several significant changes compared to the previous Occupational Health and Safety Authority Act (OHSA Act, Chapter 424 of the Laws of Malta). The OHSA was established with a board and an executive body, focusing on implementing national policies and enforcing regulations whilst the new Act restructures the OHSA into a more defined governance structure, including a Governing Board, a Health and Safety Executive, and a Health and Safety Council. This aims to enhance governance and clarify roles within the Authority.
In terms of penalties and enforcement, the previous Act did not specify such stringent penalties for non-compliance, but the new Act introduces tougher penalties, including administrative fines up to €20,000 and criminal penalties up to €50,000 or imprisonment for serious breaches. Repeat offenders face harsher penalties. In the new Act, employers may be required to appoint HSROs to oversee health and safety compliance. Failure to do so can result in fines up to €50,000. The new Act also introduces a Health and Safety Tribunal and a Special Compromise Procedure to resolve disputes efficiently and it also expands the focus to include mental health alongside physical safety, aiming for a more comprehensive approach to worker well-being.
Overall, the new Act strengthens the legal framework for occupational health and safety in Malta by enhancing governance, increasing penalties for non-compliance, and expanding the scope to include mental health and more robust dispute resolution mechanisms.
For assistance and advice as well as drafting of health and safety policies and procedures at work, please get in touch.
This article is for information purposes only and should not be construed as legal advice.
Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, is a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.
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].
