The Health and Safety at Work Act XXXIII/2024 [Ch.646] (HASWA) requires that all employers document a health and safety policy governing all aspects regarding the health and safety of employees and other persons who may be affected by the work carried out by the company, establishment or undertaking.
This is a very serious legal requirement which is not given enough importance by employers in general. This article investigates what a HASWA Policy is and what value-adding benefits it brings to a business, organisation or undertaking
Importantly, the term ‘employer’ includes any employer, business, organisation or undertaking. This is because the HASWA regulations do not exclude any type of organisation from their obligations towards the law.
Any type of organisation must ensure that their employees, as well as other persons who may be affected by works undertaken, are protected from injury, ill-health or any hazard or risk resulting from the work.
The first benefit deriving from the HASWA Policy is that the company, organisation or undertaking complies with the law. In Malta this refers to the HASWA and all subsidiary legislation (S.L.).
Other important benefits deriving from a good HASWA Policy include:
- Demonstrating commitment towards health and safety at work as required by law, thus generating a defensible position at law in the event of an accident or incident.
- Communicating management commitment and positive intent towards HASWA with all stakeholders – employees, participating parties and others who may be affected by the work.
- Providing effective information to the relevant stakeholders, as required by law.
- Outlining work-arrangements, methods and resources.
- Engaging directly with workers and their representatives on matters relating to HASWA.
Apart from being a legal requirement, a good HASWA policy is a valuable management tool. Too many organisations underestimate its importance, when in fact they should be ensuring that a cogent HASWA policy is documented, communicated to all stakeholders and effectively implemented. It is very easy to avoid having an HASWA policy, but in doing so employers are breaking the law and failing to take advantage of its strong benefits.
A Practical Exercise
SHIELD Consultants Ltd, a locally owned and run enterprise specialising in the field of Operational Risk Management, drafted a practical exercise encouraging readers to understand better some of the more common misconceptions that regularly undermine health and safety at work in Malta. The company has taken four very common statements, made also in Maltese, and explains why they are wrong and how they effectively place the duty holder at risk.
“I am simply the contractor on this project and am only responsible for construction. Safety is not my responsibility, so please address your concerns to whoever is responsible (Jien il-kuntrattur u mal-binja biss għandi x’naqsam. Lili ddaħħalnix fiha).”
“This assertion is entirely false,” says the company, adding that “it is inconceivable that any contractor should be unaware of their legal obligations, duties and responsibilities nowadays.”
SHIELD points out that S.L.646.25 OHSA Construction (HASWA) Regulations are possibly the most utilised regulation: “The structured relationship between the project client (developers) and all contracted parties (the contractors) is crystal clear.”
It continues: “The principle is very simple and unequivocal; every single employer is responsible at law to ensure the health and safety of their workers throughout the works process and is further responsible to ensure that third parties (referred to as ‘others’ in the regulations) are not harmed in any way because of the works, be it directly or indirectly.”
“Don’t worry about us; we are fully covered by insurance (U toqgħodx tinkwieta, għandi insurance tajba għal li jista’ jinqala’)”
This commonly heard statement is wrong and false, says SHIELD, on two counts.
- Insurances do not cover for any potential criminal element in the event of an accident at the workplace (the criminal liability).
- Insurance may only become relevant insofar as any restitution of damages arising from any ensuing civil case. Furthermore, insurers will only settle for damages in the manner prescribed in the contract between them and the insured party (the contractor/employer in this case), and any breach of legal duty on the part of the employer/contractor would be considered throughout the settlement process.
“You couldn’t imagine something like this happening in a hundred years. There was nothing I could have done about it. Surely you believe that? (Fejn tobsor f’mitt sena li kellu jinqala’ li ġara? Ma stajt nagħmel xejn. Taħseb li kieku kont naf ma kontx nieħu ħsieb?)”
SHIELD presents this instance as an ineffective argument which does not protect the employer / contractor or employees who reason in this manner. The HASWA Regulations are clear on this point: all work must be assessed for hazards and risks that may arise, based on the specific work conditions, tasks or processes which employees must execute. There is no excuse in not knowing about hazards, risks or unsafe conditions that may arise during work, and there is no room for excuses once an accident occurs.
“This may sound harsh, but it is the reality.”
The HASWA Regulations provide a powerful framework for observing and implementing requirements. Employers, as primary actors in a chain of duty holders, must ensure that the law is upheld efficiently and as cost-effectively as possible. Costs and expenditure can never be used as an excuse for not discharging a duty, much less as an argument in defence in case of an accident or incident.
A good HASWA Policy can go a very long way to protect the employer against unnecessary legal liabilities. Employers must take responsibility for HASWA across all work operations and commit to upholding all legal requirements. Employees are duty bound to cooperate and collaborate with their employers in ensuring that all works are safely executed. As SHIELD put it: the rewards far outweigh the risks.
Main Image:
