Malta lacks behind in health and safety at work

The first item on the agenda was labour law and industrial relations, where an overview of the pertinent EU directives was followed by a discussion on their future transposition of these laws into Maltese legislation. It was noted by both parties that the structures for both the implementation and enforcement of the directives concerned already exist although an upgrading of these structures will be required. The Maltese delegation voiced the need for the recruitment of more people with expertise in the field. They stated, furthermore, that an impact assessment will be carried out in the coming months, with regard to the transposition of these directives. The Commission offered to send officials to Malta in mid-2000 to offer technical expertise in the area.

The Commission emphasised the need for dialogue among the social partners in decision making, given that this lies at the basis of social policy. The exact form of the dialogue and the organisations involved are up to the member States to decide. The EU encourages such dialogue and the national governments have the role of facilitating this. Positive note was made of the well-established system of social dialogue already in existence in Malta. It was also noted that the social partners were also involved through numerous structured meetings in the preparation for the screening process.

The issue which dominated the session was that regarding health and safety at work. The present level of the protection of health and safety at work in Malta is considerably lower than that required by EU legislation. It is the intention of the Maltese government that workers in Malta will enjoy the same level of protection as workers in the EU. While it is possible to enact all necessary legislation and to upgrade the administrative infrastructure before accession, the government is in the process of assessing the economic impact that the implementation of EU legislation would have on the local economy, before finalising Malta's negotiating position.

The Maltese delegation reported that the present Commission for Occupational Health and Safety and the Health and Safety Unit within the Industrial and Employment Relations Department are to be hived off into an Occupational Health and Safety Authority, the draft bill for which has already been approved by Cabinet and on which the social partners are presently being consulted. Various other regulations, including the protection of young people at work and the health and safety of pregnant and nursing mothers, have already been drained to bring Malta in line with the EU's acquis. This upgrade and review was deemed as necessary by the Maltese delegation, given that it would be beneficial both to the worker and to the employer. On its part, the Commission emphasised the need for an effective prevention policy to become the objective responsibility of employers in Malta as well as on-going educational campaigns on the part of the Authority.

Equal access to employment is at the heart of equality of treatment and this is an underlying principle of EU social policy, forming one of the four pillars of the EU's employment guidelines. Malta is generally in line with the acquis with respect to equal access to employment and on the principle of equality of pay for equal work, the latter being enshrined in the Constitution. Legislation on safety and health of pregnant women, parental leave and spouses of self-employed people must still be reviewed. Legislation must also be drafted on the issue of the burden of proof in cases of discrimination, where the onus is statutorily shifted from the wronged person to the accused.

Racism was not deemed to be a major issue for Malta; more so that racial discrimination is prohibited in the Constitution. Moreover, the Maltese government has voiced its intention to introduce a new law which would make racial discrimination a criminal offence.

The European Commission extended an invitation to Malta to start participating in the activities of the European Foundation for the Improvement of Working and Living Conditions. In the area of public health, Malta was deemed to be at an advanced stage in adopting the acquis. On its part, the Commission outlined the prevention programmes in place.

Commission officials also explained in detail the functioning and role of the European Social Fund which is the EU's most important financial instrument for promoting employment and for developing human resources. It was noted that no legal adjustments would be necessary for Malta to implement and benefit from the ESF.

With regards to people with disability, a high degree of compatibility already exists between Malta and the EU. Malta was invited to appoint two coordinators to liaise with the European Disability Forum within the EU. Moreover, the Maltese 'Equal Opportunities (Persons with Disability) Act' has been agreed upon and is currently on the agenda of Parliament for enactment.