GOVERNMENT TO PUBLISH ANOTHER TWO OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

GOVERNMENT TO PUBLISH ANOTHER TWO OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

Tomorrow's edition of the Government Gazette carries two sets of regulations, which repeal the existing ones which were published in 1996.

The new regulations concern the 'Protection of Maternity' and the 'Protection of Young Persons at Work Places'. This brings to four the regulations which this Government has published in the Occupational Health and Safety sphere, the other two being the 'Minimum Health and Safety Requirements' and the 'Provision of Health and Safety Signs at Work Places', which were both published on April 14^th.

It is Government's prime objective to upgrade the legislative infrastructure concerning Occupational Health and Safety, since such initiatives do not simply serve to protect worker's health, but serve also to enhance competitiveness and corporate reputation.

Government is also conscious of the short-term, financial and economic effect that these regulations might have on employers and on industry in general, and for this reason, these regulations which are being published will not come into effect immediately.

There are several differences between the new relations and those which are being repealed:

The 'Protection of Maternity Regulation' introduces a week of special maternity leave on top of the thirteen weeks already provided for by CERA. This means that working women who opt to avail themselves of maternity leave may now take up to 14 weeks of maternity leave, two weeks of which are compulsory and should be utilised immediately before or after confinement. Pay for the fourteen weeks of maternity leave will total the amount of the full pay for a thirteen-week period.

In addition, employers are obliged to assess the nature, degree and exposure before assigning work to a pregnant or breastfeeding worker. An employer is now also being required to assess those risks, which may arise from any particular posture, movement or lifting activity. If the results of these assessments reveal a risk, the employer is bound to remove the female from such exposures. In doing this, an employer can consider several options amongst which the adjustment of the working conditions or working hours, the assignment of a worker to another job or the provision of leave under the same conditions of employment as if the female is in full employment.

The 'Protection of Young Persons Regulation' emphasises the need for a risk assessment to be carried out before work is assigned to a young person. Employers have to ensure that young persons are properly trained for the work and are supervised at all times. Work for young persons is being prohibited between 10.00p.m. and 6.00a.m. and only a total of 40 hours per week of work are being allowed.

Work by children is also being prohibited, except in cases in which work activity is not harmful to the health, safety and development of the child and does not jeopardise the child's school attendance of the child's capacity to benefit from the instruction given. This also applies to the provision of work to adolescents.

Government is also currently working on further draft regulations concerning enclosed spaces, and the protection from carcinogens. An in-depth economic impact assessment of the other regulations, which form part of the EU OHS framework directive, is also being carried out in collaboration with the Malta Employers' Association.