Updating health and safety laws

While it is encouraging to see that the government is actively working to update health and safety laws at the place of work, it is also a shame that despite so much being said in the past, only now is the government really doing something about the problem.

At a conference organised by the Union Haddiema Maghqudin on Monday, the Minister for Social Policy, Dr Lawrence Gonzi said that "we have been procrastinating for 10 years to update the laws, and saying that something had to be done about the protection of health and safety at the place of work".

Ten years. Ten long years, during which dozens of people have lost their lives, hundreds have been maimed, some permanently, to the extent that they can no longer carry out their duties as their family's breadwinner. Ten years to realise that something has to be done.

We understand that there were other issues of national import that had to be addressed but isn't the health and safety of the working class also an issue of national concern?

How many man-hours have been lost because of neglect on the part of the employer to ensure at least minimum safety conditions? How many young men and women are suffering because the regulations have not been enforced? How many workers, at this moment in time, are flagrantly disobeying the regulations and risk life and limb and their fellow workers' safety?

The government this week published two new regulations regarding 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 14 April.

The government has said that its prime objective is to upgrade the legislative infrastructure concerning Occupational Health and Safety since such initiatives do not simply serve to protect workers' health but serve also to enhance competitiveness and corporate reputation.

Fair enough. The question now is how will these be enforced? Is the government going to put its foot down and fine those who are not following the regulations?

One major problem in this country is that we have hundreds of regulations covering every possible issue, yet only a few are observed by the people and enforced by the authorities. It is useless telling employers to do this and that if they are not monitored.

The publication of the new regulations is but the first step in a long process of enforcement. Only then will be government be able to say that it has finally met the occupational health and safety requirements of this country.

A statement released by the Ministry for Social Policy states: "The 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."

Does this mean that we have to wait another 10 years before the regulations come into effect? Thus instead of protecting those who are at risk, or possible risk, we are allowing employers - at least those whose standards are not up to scratch - to continue acting in an improper manner. This does not make sense. Any respectable employer knows that if he or she is in line with the country's legislation there is nothing to worry about, and action would have already been taken to protect his or her employees. The regulations should be enforced immediately to prevent irresponsible employers from continuing to abuse of their workers.

This brings to light another hot issue that the government is taking a long time to tackle: employers liability. Over 27 years have passed since Parliament passed legislation forcing employers to take out insurance to cover liability claims following an injury or death at the place of work. All that is required is a simple signature by the president.

In an interview carried in the Insurance Quarterly magazine, Dr Gonzi said that he did not know why the law was never signed. He added that it was about time that something was done and employers were obliged to take out such an insurance. What is the government waiting for? The death of another three workers? Another tragedy? Three grieving families who are now hoping to receive some form of compensation, if ever?

These are the questions that the government has failed to answer. These are the questions that those families who have lost dear ones and are struggling to make ends meet, are still asking.

That the government is seeing an urgent need to update health and safety law is a clear indication that progress has been made. However, much more has to be done before the government will get a standing ovation!