The Health and Safety at Work Act, Chapter 646 of the Laws of Malta (‘the Act’) lays out the responsibilities of all those involved in the workplace to ensure a safe and healthy environment for everyone.
The definitions provided in this Act are key to understanding who is responsible for what, and how those responsibilities are to be fulfilled.
Who is considered a duty holder?
A duty holder is anyone who has a legal responsibility to do something or to ensure that it gets done under the Act or its Subsidiary Legislations. This includes, but is not limited to:
- Employers
- Self-employed individuals
- Workers
- Clients
- Project supervisors for health and safety
- Managers or supervisors in charge of workers
- Health and Safety Reporting Officers (HSROs)
- Any other person who is given a duty by this law or its accompanying regulations
Who is considered an employer in terms of health and safety regulations?
An employer is any person for whom work, or a service is performed by a worker or another individual who has an employment relationship with that worker. This includes:
- In service contracts, the contractor or subcontractor is considered the employer. However, this does not include directors, managers, partners, or owners, nor occupiers or possessors on whose behalf the work is being carried out—except in cases where they provide tools, materials, or equipment that are defective, known to be defective, or should reasonably have been known to be defective
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In other organisations, including voluntary ones, or in any other form of employment under a contract of service, the term includes any person with overall direction or day-to-day management responsibilities
Who is the HSRO?
The Act defines a Health and Safety Reporting Officer (HSRO) as a high-ranking employee at management level, or another person appointed by the employer, as may be established by regulations issued under the Act. This person plays a key role in ensuring compliance with health and safety obligations.
Read more on HSRO here and here.
What is considered work?
“Work” refers to any duty, activity, task, or service that produces a product or result. It is carried out by a worker or self-employed person and may be performed for payment, for free, or in exchange for goods, services, profit, or other benefits.
Who is a worker?
A worker is anyone who:
- Is employed by someone
- Performs work or provides a service to another person under a contract of service or for service
- Includes trainees, apprentices, and volunteers (if they’re doing work similar to paid employees)
- Whether such contract is in writing or otherwise
- Includes a trainee, an apprentice, or a volunteer who, were it not for the lack of remuneration, would essentially be undertaking responsibilities similar to those of a paid employee, as well as self-employed persons
However, it does not include:
- Crew members on ships or aircraft registered in Malta
- Anyone working on those ships or aircraft as part of the crew
Who is the Workers’ Health and Safety Representative?
This is a person elected, chosen, or designated, as prescribed in regulations, to represent workers on all matters relating to the promotion and protection of their health and safety at work.
The Workplace
A workplace is defined as any location where work is carried out or to which the worker has access during the course of their employment. This includes:
- Any premises, place, facility, vehicle, vessel, or seacraft, whether movable or immovable
- It also includes a vehicle or vessel or any other seacraft located within a port in Malta, or within Malta’s internal or territorial waters, or at any dockyard, harbour, or similar installation in Malta
- However, it does not include foreign warships.
Understanding these definitions is essential for anyone involved in a workplace setting in Malta. Whether you’re an employer, a worker, or someone overseeing health and safety, knowing your role and responsibilities under Chapter 646 helps ensure a safer and more compliant work environment for everyone involved.
