On the 7th of September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations, 2025 (S.L. 646. 27)(‘Regulations’) came into force, repealing the earlier Workplace (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations (S.L. 646.25).
These Regulations transpose Directive 92/57/EEC, which seeks to reduce risks on temporary and mobile construction sites by strengthening coordination and establishing clear chains of responsibility. The new framework introduces more detailed obligations and newly designed roles with the aim of fostering a stronger safety culture within the construction industry.
THE PROJECT OWNER
The Regulations place central responsibility on the Project Owner (the ‘Client’), who must appoint a Project Supervisor for Health and Safety purposes. However, the Client may assume this role personally, provided they are competent and listed on the Competent Person Register.
The appointment must be formally notified to the Occupational Health and Safety Authority (the ‘OHSA’), and regulated by a written agreement between the Client or their representative and the Project Supervisor.
THE CLIENT REPRESENTATIVE
For the first time, the Regulations formally recognise the role of a Client Representative. This is an individual appointed by the Client to carry out their duties on a given project, yet the appointment only becomes valid once it is submitted to the OSHA. When a Client Representative is appointed, the obligations imposed on the Client are carried out by the Representative instead. However, if no Client Representative is appointed, the Client remains fully responsible for his duties.
In the event of resignation, the Client Representative must notify the OHSA in writing and remains responsible until the Authority accepts the resignation.
The introduction of this role provides for flexibility for the Client but also ensures accountability remains clear at all times.
THE PROJECT SUPERVISOR
A cornerstone of the new framework is the enhanced role of the Project Supervisor, who must be listed on the Competent Person Register as administered by the OHSA.
Key Duties of the Project Supervisor are the following:
- Coordinating between contractors and protecting workers;
- Ensuring only authorised people enter on sites;
- Monitoring and inspecting work practices; and
- Preparing and maintaining the Health and Safety Plan and File.
The new Regulations also grant the project supervisor explicit and extensive powers, especially when compared to the repealed regulation. These powers include:
- The power to inspect the site at any time;
- The power to take measurements, photographs, and video recordings;
- The power to order work to be halted if there is a serious and imminent risk to health and safety; and
- The power to require unsafe equipment or materials to be dismantled, removed, or tested.
Noteworthy that the new Regulation add protection in terms of liability of the Project Supervisor if it is proven that the Client or contractor failed to comply with the supervisor’s instructions.
THE COMPETENT PERSON REGISTER
The Competent Person Register, established through the standards under the Administrative Instrument No. 1 of 2025, ensures that only suitably qualified professionals can act as a Project Supervisor. This instruments sets out the standards for assessing individuals before their inclusion on the Register, giving employers more confidence in their appointments.
DUTIES OF CONTRACTORS AND WORKERS
The new Regulations also place more specific obligations on the parties on site:
1. Risk Assessments
Contractors must prepare a written, systematic risk assessment for each project and inform each worker of its content. This must be kept and updated, forming the basis of a Health and Safety Plan.
2. Prevention
Contractors are bound to implement all relevant and preventive protective measures as outlined in the Health and Safety Plan, ensuring that workers are aware of the said requirements.
3. Cooperation and Compliance
Both contractors and workers are expressly required to cooperate with the Project Supervisor and comply with instructions, without delay. Moreover, they are required to provide all requested information and comply with directions promptly.
All Duty Holders may face liability for failing to comply with their obligations.
These Regulations provide for a significant shift in the Health and Safety Framework for the construction industry in Malta, with the aim of preventing accidents and improving site safety culture.
FREQUENTLY ASKED QUESTIONS:
1. Can a construction project start without a Project Supervisor under the new Regulations?
The Regulations state that work related to a project cannot commence or progress unless a Project Supervisor is validly appointed by the Client.
2. If a Client Representative or a Project Supervisor is appointed, is the Client still responsible?
When a Client Representative is appointed, the Client’s duties and obligations are transferred to the representative, who carries them out instead of the Client.
When a Project Supervisor is appointed, the Client is not relieved of his responsibilities. The Client retains an overarching duty to ensure safety and implement the supervisor’s directions.
3. What are the established offences for non-compliance by the Client under the new Regulations?
A Client is guilty of an offence is any work is commenced before a competent Project Supervisor is appointed, and if he fails to implement the corrective measures specified by the Project Supervisor.
For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates.
