On 7 September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations, 2025 (S.L. 646.27) came into force. These updated rules implement Council Directive 92/57/EEC and set out clearer, stricter obligations for all stakeholders involved in temporary or mobile construction sites across Malta.
The Client & The Client Representative
Every construction project begins with the Client (individual or company). Under the new Regulations, clients now carry direct responsibilities, including:
- appointing in writing a competent Project Supervisor for Health and Safety (or assuming the role personally);
- notifying the Occupational Health and Safety Authority (OHSA) of the appointment;
- ensuring the Project Supervisor performs their duties throughout the duration of the project until completion;
- confirming that, prior to setting up the site, a valid health and safety plan and file are in place and maintained throughout the project; and
- notifying OHSA of larger-scale projects (over 30 working days with 20+ workers, or 500 person-days) at least 4 weeks before commencement, and keeping notices updated on-site.
Clients may also appoint a Client Representative, responsible for the design, execution, and/or supervision of the project.
The Project Supervisor
The Project Supervisor must be a suitably qualified professional with wide-ranging duties, such as:
- preparing and maintaining the health and safety plan and file;
- coordinating safe work practices and contractor cooperation;
- conducting site inspections and managing risks;
- exercising authority to stop unsafe work; and
- addressing safety concerns raised by workers.
Failure to properly discharge these duties can result in accountability and liability for the Project Supervisor.
Contractors and Workers
Contractors, sub-contractors, and employers are required to:
- carry out risk assessments,
- comply with the health and safety plan,
- provide workers with the necessary training, equipment, and PPE,
- keep worksites safe and orderly, and
- observe detailed rules on scaffolding, machinery, work at height, and emergency procedures.
Workers also have direct obligations, including following safety instructions, cooperating with the Project Supervisor, using equipment responsibly, and promptly reporting hazards.
Liability and Sanctions
All duty holders may face liability if they fail to comply. Offences arise where a person knowingly or recklessly interferes with efforts to maintain a safe workplace.
The Regulations also introduce comprehensive infrastructure standards covering fall prevention, scaffolding, emergency planning, signage, secure access, and sanitation facilities – raising the overall bar for workplace safety in Malta’s construction sector.
Should you require further information or assistance regarding these Regulations, feel free to contact us at CLA Malta!