Explanatory Note on the Transition Periods Obtained by Malta

Use of Work Equipment
Directive 89/655/EEC on the use of work equipment

This EU health and safety law provides minimum requirements on the level of safety of the equipment that is used at work. Amongst other things, this law places obligations on employers both with respect to existing equipment as well as with respect to new equipment.

Equipment must have warnings and markings as well as proper control devices installed for starting and stopping. Guards should be placed on the equipment where there is a risk of contact or where there are high or very low temperatures. Special provisions are made for equipment used for lifting guided and non-guided loads and mobile equipment. A number of other issues are included in this law including the obligation to provide workers with adequate information and training as well as the obligation on employers to regularly inspect and maintain equipment.

Negotiations: Malta requested a transitional period until the beginning of 2006 for implementing this law to allow the local industry sufficient time to phase in any investment needed to upgrade any equipment that is not in line with EU safety standards. In addition, the transition period would allow time for the necessary training that is required both within individual companies as well as within the national authorities that will be enforcing this law in Malta. This need was identified in an impact study commissioned by the Maltese Government and that is available to the public. Following discussions in which Malta presented its justification, the EU accepted this request.

This EU health and safety law regulates the level of noise at the workplace. It aims to reduce the exposure of workers to noise because of the negative affect that this can have on the health of workers. It does this, in the main, by addressing noise levels preferably at source. Moreover, it requires employers to provide employees with protective gear and also puts an obligation on employees to use such gear. Noise levels at work have to be assessed on a regular basis and when necessary, measured. This is important to determine whether the maximum levels have been exceeded and whether any workers have been affected.

Negotiations: On this law, Malta requested a transitional period until the beginning of 2004 to allow sufficient time for adjustment both within individual companies as well as with respect to the government agency that will be enforcing these standards. Again, this need was identified in an impact study. This request was accepted by the EU.

In this area, EU law sets out minimum safety standards at temporary and mobile construction sites, especially with respect to large building projects. In particular, it seeks to prevent risks by establishing a chain of responsibility linking all the parties involved.

Negotiations: Malta requested a transitional period until the beginning of 2004 to implement this law. However, the provisions concerning the responsibility of the employer to carry out risk assessments, to train employees and to give all the necessary information will be in place by 2003. As with the other two requests, Malta’s request is based on the findings of an impact study that also identified the need of this transitional period to allow more for industry to adjust, for the necessary skills and more time to strengthen and adapt the structures that will enforce this law in Malta.…/…

This request was accepted by the EU after Malta presented and discussed its implementation plan and supported it with its justification.

This law provides a set of minimum rights relating to working time and covers the weekly working hours, daily and weekly rests, breaks, length of night work and annual leave. The law is flexible in the sense that it allows for certain sectors of workers to be excluded from all or parts of this directive. This law significantly enhances the role of the social partners in its implementation.

Malta had initially requested a transition period of four years. However, following the outcome of an impact assessment study and intensive consultations with all social partners in Malta, it was agreed that Malta should, for a number of sectors, request a transition period on this law of seventeen months, that is until July 2004. In cases where a collective agreement is already in place and goes beyond this date, the transitional period would extend till the end of 2004. This request would apply to a number of specific sectors of industry to which this law is directly relevant either because they are open to international competition or because they are currently undergoing restructuring. The transition period allows local industry to adapt to new changes in the organisation of work. The sectors that were identified are the:

• Food and beverage sector;
• Textiles, clothing and footwear;
• Transport equipment (ship-building, ship-repair) sector
• Electrical machinery, appliances and supplies and
• The furniture sector

On the number of hours in a working week, the EU law states that this should be of not more than 48 hours, including overtime, calculated over a four-month period. However, workers may work longer hours if they specifically agree to do so and that the health and safety of the workers concerned and that of their colleagues is not put at risk. The employer must keep a record of those employees exceeding the 48 hours and the duration of their working week. The practical effect of the EU provisions on the working week is that workers cannot be obliged to work overtime over and above the 48-hour working week limit unless they agree to do so.

The four-month reference period that is used to calculate the 48-hour working week may also, in certain cases decided by the social partners, be extended up to a maximum of twelve months. In fact, during a meeting of the Labour Board held earlier this week (November, 26, 2001), a resolution was adopted calling upon the Maltese Government to establish a reference period of twelve months rather than four months for calculating the average working week in the tourism sector and in the manufacturing sector. The Labour Board is composed of all social partners.

Negotiations: After detailed negotiations between Malta and the EU on this law and after agreement reached among the social partners concerned, it was agreed that Malta would get a transitional period until the end of July 2004 to conform with the 48-hour provision. This arrangement applies in the case of the sectors identified. It was also agreed that in cases where a collective agreement is already in place and goes beyond this date, the transitional period would extend till the end of 2004. With respect to all other sectors, this EU law will apply in full by January 2003 and Malta will issue the necessary laws to put it into effect.

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