The underrated second half to article 12 of the Health and Safety at Work Act!

Article 12:

“(1)  It  shall  be  the  duty  of  an  employer  to  ensure  the physical and psychological wellbeing of his workers at all times and of all persons who may be affected by the work being carried out for such employer at their workplace.

…”

The Health and Safety at Work Act (Chapter 646 of the Laws of Malta) establishes a clear and progressive duty on employers—not only to safeguard the physical health of their workers but also to ensure their psychological wellbeing.

The general principles of prevention outlined in Article 12(2) further reinforce this by requiring employers to:

• Avoid risks and identify hazards, including psychosocial risks such as stress, burnout, harassment, and work-related anxiety.
• Evaluate identified risks which cannot be avoided and  control  at  source 
• Take all the necessary measures to reduce risk and danger as much as reasonably practicable, on a case-by-case basis;
• Develop a coherent Prevention Policy 

Therefore, despite the difference in visibility, the law places mental and physical health on the same legal footing and the mentioned obligations must be applied equally to psychological risks as they are to physical ones.

Moreover, the Act mandates that employers provide information, training, and supervision to ensure health and safety, including raising awareness on mental health issues in the workplace. This may not be easy as many workplaces require a shift in work culture in order to achieve these goals.

In practice, this means employers must go beyond black on white compliance and start by aiming to actively foster a culture of psychological safety—where employees feel supported and empowered to speak up about mental health concerns without fear of stigma or negative repercussions.

While physical health risks are often visible, psychological risks—such as stress, anxiety and burnout—can be more covert and harder to detect, leaving an un-tackled lasting impact on an employee’s overall health, productivity, and safety. Employers must therefore take proactive steps to recognize, assess, and mitigate psychosocial hazards, just as they would with physical dangers.

By treating mental health with the same seriousness as hard hats and safety boots, employers aren’t just ticking legal boxes—they’re building workplaces where people feel safe, valued, and supported.

After all, a healthy mind is the key to an effective team.

Need help with ensuring compliance or drafting of health and safety policies? Please feel free to reach out with any questions or for more information.