TMID Editorial: Increasing deterrents to workplace violations
The CEO of the Occupational Health and Safety Authority, Mark Gauci, made a strong point during an interview with The Malta Independent on Sunday, arguing that fines for breaches related to health and safety issues should be increased to serve as a greater deterrent against abuses.
He said that the minimum fine that can be given by a court of law when the health and safety rules are not observed is €466 which, he said, in this day and age is too low. He said that a very comprehensive review exercise is also being carried out and a new system of administrative tribunals is also being examined to speed up the process. Currently there 600 cases that are waiting to be brought before the courts, involving violations at the workplaces. A process to reduce the backlog would be welcome.
Malta has seen too many work-related accidents over the years, especially related to the construction sector. Gauci claims however that, when comparing the first 10 years of work with the second 10 years, the rate of work-related deaths has halved. Regardless, we still often hear about workplace accidents. The fact that there are fewer is good news, but more work needs to be done, and if increasing fines acts as a better deterrent, then this should be implemented.
We have all seen workers hanging from the side of the building sitting on a wooden plank, with onlookers more concerned for the worker’s safety than the worker himself might be. The fact is that, when you are used to working in such ways, the thought that something is going wrong or that something bad will happen decreases as time goes by, but the risks are still there. Employers must do their best to ensure that their workers are as safe as possible when carrying out their work.
Gauci said that almost every accident, if not all, could have been avoided.
“Some incidents could have been avoided if the parties had been more informed about how to prevent them (in this case it would be a lack of compliance with the regulations by other duty holders, not the victim themselves).”
But it’s not just about employers. Employees should be more attentive and vocal in their demands for health and safety. Certain jobs, such as construction or manufacturing, inherently involve more risk than others such as desk jobs. Employees in such companies must hold their employer accountable and ensure that their workplace meets safety standards.
The issue of labor exploitation also comes to mind. Let’s not forget the incident where a migrant construction worker was allegedly dumped on the side of the road when he was injured. In such circumstances, criminal action against those who treat fellow human beings like animals should be the order of the day.
The head of OHSA said that OHSA can never have enough resources. “In fact, it must offer other services, such as the creation of more guidelines and research, such as what is known as Horizon scanning, which helps to identify problems before they emerge.”
But he makes an interesting point. “Many people think that the simple solution is to increase the resources of the OHSA. It currently has 12 officers monitoring different workplaces. With the 12 we currently have we are doing around 4,000 inspections a year, if they will be double, we can do 8,000 but you have to take into account the number of workplaces you have. In the last 10 years the number of permits granted by the Planning Authority has tripled, meaning that the OHSA has three times more construction sites that it needs to monitor.” This, in addition to the fact that the OHSA is not only responsible for construction sites, but also other workplaces.
“The solution is not to increase the resources to have more inspections, but the need to ensure that those who have an obligation comply with it,” he said. And he is partly right. We must ensure that employers comply with the regulations. Adding more resources to OHSA inspection teams won’t hurt, but adding deterrents for employers to really feel the sting of creating unsafe workplaces will hopefully , results in fewer workplace accidents.