Safety Provisions (Building) Convention, 1937 (No. 62) - Malta (Ratification: 1988)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. The Committee notes that in reply to its previous request concerning details on the inspection activities conducted by the Occupational Health and Safety Authority (OHSA),the Government provides information, in its report, on the number of workplaces inspected, violations recorded, administrative fines issued and collected, and judicial proceedings initiated and closed for 2019 and 2020. The Committee also notes that as part of an increase of inspection activities in warehouses, the OHSA report of 2019 indicates that a total of 79 warehousing facilities were inspected, of which, 67 employed five or more workers and were therefore required to keep a written record of their risk assessment. According to the OHSA report, only 39 per cent of these 67 warehouses were found to be compliant with this obligation, while only 40 per cent of the companies inspected ensured the appointment of workers’ health and safety representatives. In addition, of all the warehouses inspected, 59 had fork-lift trucks, in 29 per cent of which no valid examination report was carried out by a competent body. The Committee requests the Government to continue to provide information on the implementation of the ratified occupational safety and health Conventions, including statistical information on the inspections conducted by the OHSA and on the activities undertaken to address the shortcomings identified.

1.Protection against specific risks

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 11(3) of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. In its previous comment, the Committee requested the Government to indicate how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized, with a view to ensuring that workers whose continued assignment to work involving exposure to air pollution is medically inadvisable are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security. The Committee notes that the Government’s report provides information on the eligibility to social security benefits of workers that suffer from an occupational disease associated with a respiratory illness. In addition, the Committee notes that the OHSA report indicates that during 2019, OHSA’s occupational physician was involved in investigating a number of cases of workers’ diseases to determine whether their cause was occupational or otherwise. The Committee also notes that the OHSA report does not contain information on the number of occupational diseases reported by physicians, medical personnel and/or employers. The Committee requests the Government to provide information on the number of workers whose continued assignment to work involving exposure to air pollution is medically inadvisable, and on the number who were provided with suitable alternative employment or measures which were taken to maintain their income through social security.

2.Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls once again that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore once again encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of availing itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on occupational safety and health, the Committee considers it appropriate to examine Conventions Nos 62 (safety provisions (building)), 119 (guarding of machinery), 127 (maximum weight), 136 (benzene) and 148 (working environment (air pollution, noise and vibration)) together.

Article 15(2) of Convention No. 119, Article 8 of Convention No. 127, Article 14(c) of Convention No. 136, and Article 16 of Convention No. 148. Activities of the Occupational Health and Safety Authority to ensure compliance. In its previous comment on the application of Convention No. 148, the Committee noted the Government’s reference to research published by the Occupational Health and Safety Authority in 2011 indicating shortcomings with regard to the training of workers in the area of Occupational Safety and Health (OSH), the coverage of workers by medical examinations, the access of workers to health and safety representatives, and the carrying out of risk assessments by employers. The Committee notes that the Government indicates in its report on the application of Convention No. 148, in response to the Committee’s request, that improvements of OSH levels can only be realized through enforcement and awareness-raising activities, with the involvement of the social partners. The Committee notes that the 2018 annual report of the Occupational Health and Safety Authority contains information on awareness-raising activities and inspection visits undertaken by the Authority, including in relation to several of the observed shortcomings in 2011. It also notes from the same report that the injury and fatality rates have seen a downward trend in recent years. The Committee requests the Government to continue to provide information on the implementation of the ratified OSH Conventions. In this respect, it requests the Government to provide statistical information on the number of inspections undertaken, and the number of violations detected in the specific areas previously identified as shortcomings, as well as any measures taken by the Occupational Health and Safety Authority as a result.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Articles 6 and 7 of the Convention. Prohibition by national laws and regulations of the use of machinery without appropriate guards. Compliance by employers with those provisions. The Committee notes the Government’s reference in its report, in response to the Committee’s request, concerning the legal provisions which require the provision of appropriate guards for the use of dangerous parts of machinery. The Committee also notes, from the 2018 Report of Activities of the Occupational Health and Safety Authority, the information on inspections undertaken to ensure that employers comply with their obligations as regards machinery and equipment. The Committee takes note of this information.

Maximum Weight Convention, 1967 (No. 127)

Article 3 of the Convention. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes that the Government, in response to its previous request, states that, in accordance with the Protection against Risks of Back Injury at Work Places Regulations, 2003 determining the weight that may be lifted by a worker requires a risk assessment by the employer, in consultation with the workers. It notes that pursuant to section 4(3)(4) and (5) of the Regulations, employers shall take into account the worker’s capabilities as regards health and safety, as well as the worker’s medical fitness to carry out the assigned task, make necessary arrangements for the health surveillance of workers, and take all measures and precautions so as to protect groups particularly sensitive to risks. In this respect, employers shall consider the individual risk factors as laid down in Schedules I and II of the Regulations. The Committee takes note of this information.

Benzene Convention, 1971 (No. 136)

Article 6(3) of the Convention. The Committee notes the Government’s indication, in response to its previous request, that the Occupational Health and Safety Authority ensures (through inspection, enforcement and awareness initiatives) that duty holders take measures to ensure compliance with the national legislation on maximum limits of concentrations of benzene in workplaces. The Committee also notes that the Government, in response to the Committee’s request, indicates that the Occupational Health and Safety Authority has not issued directions on how to carry out measurements of the concentration of benzene within the workplace, but that it relies on international methodologies for this purpose. The Committee takes note of this information.

Application of the Convention in practice. The Committee notes the Government’s indication, in reply to its request, that the number of workplaces in the country where benzene is used is very small and that such use is only undertaken in laboratory facilities, normally involving analytical testing.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 2. Extension of the obligations of the Convention with respect to other categories of hazards. The Committee recalls that upon ratification, the Government only accepted the obligations of the Convention as regards the hazard of air pollution. The Committee notes the Government’s reference, in response to the previous Committee’s request, to the specific legislation in force as regards protection from hazards related to noise and vibration. In view of the existing legislation covering these categories of hazards, the Committee reminds the Government of the possibility of sending a formal notification to the Director General of the International Labour Office that it accepts the obligations of the Convention in respect of the categories previously excluded, in accordance with Article 2(3) of the Convention.

Article 4. National laws or regulations regarding air pollution. The Committee notes the Government’s reference, in response to its request, to the legislation on the protection from different forms of air pollution.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution is medically inadvisable. The Committee notes from section 36(15) of the Employment and Industrial Relations Act that workers are entitled to employment injury benefits in relation to a number of occupational diseases resulting from air pollution as listed in the Social Security Act. It further notes that, in accordance with section 35(16) of the Employment and Industrial Relations Act, employers shall find suitable employment where the disease has caused a disability rendering the employee unfit for their former employment. In this respect, the Committee recalls that it previously noted that research by the Occupational Health and Safety Authority indicated that a number of workers were not covered by medical examinations. It further notes from the 2018 report of the Occupational Health and Safety Authority (available on the website of that entity) that certain suspected cases of occupational diseases under the Social Security Act remain unnotified by medical practitioners or by employers. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers, whose continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed the classification of the Safety Provisions (Building) Convention, 1937 (No. 62) as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of the up-to-date instrument concerning the Safety and Health in Construction Convention, 1988 (No. 167), and recommended to offer technical assistance to those countries requiring most support. The Committee therefore encourages the Government to follow-up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the Standards Review Mechanism Tripartite Working Group and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's latest report.

1. The Committee notes, from the Government's report, that a new Bill for the Provision of Occupational Health and Safety has been presented to the Parliament, and that a renewal of the existing regulations will be carried out in the future. The Government is requested to provide a copy of any text applying the Convention as soon as it is adopted.

2. The Committee looks forward to learning from the Government's next report about the measures taken to give effect to the various provisions of the Convention referred to in its 1993 direct request.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the Government's first and second reports and the attached legislation.

1. The Committee requests the Government to supply additional information in its next report on the provisions of the national law and regulations and on the measures taken in practice to give effect to the following provisions of the Convention:

Article 3(a). The requirement for the employer to bring to the notice of all persons concerned the laws or regulations ensuring the application of the General Rules set forth in Parts II to IV of the Convention.

Article 7, paragraph 4. The construction of scaffolds in such a way that no part thereof can be displaced.

Article 7, paragraph 5. The prohibition of the overloading of scaffolds and the even distribution of the load as far as practicable.

Article 7, paragraph 6. Precautions to ensure the strength and stability of the scaffolds before installing lifting gear.

Article 7, paragraph 7. The periodic inspection of scaffolds by a competent person.

Article 7, paragraph 8. The requirement for the employer to ensure, before allowing a scaffold to be used by his workmen, that it complies fully with the requirements of this Article of the Convention.

Article 8, paragraph 1. The rigidity and practicability of platforms, gangways and stairways.

Article 8, paragraph 2(a). Measures to ensure the safety of work when using platforms or gangways, and that they are closely boarded.

Article 10, paragraph 2. The secure fixing of every ladder and its sufficient length.

Article 10, paragraph 5. The prohibition of stacking or placing materials on site in such a way as to cause danger to any person.

Article 13, paragraph 1. The necessary qualifications for crane drivers.

Article 15, paragraph 3. Precautions to reduce the risk of any part of a suspended load becoming accidentally displaced.

Article 17. The provision of the necessary equipment and the adoption of the necessary steps for the prompt rescue of any person in danger when work is carried out in proximity to any place where there is a risk of drowning.

2. Article 6. The Committee notes the statistics supplied by the Government in its report on the total number of accidents in the construction industry over the past nine years. The Committee requests the Government to include in its next report information on the classification of the accidents which have occurred and on the number of persons occupied in the construction industry and covered by the statistics.

3. The Committee notes that the many provisions of sections 10 and 11 of the Building (Safety) Regulations, 1968, lay down the width of the various types of platforms used at the work site, as well as the appropriate devices (guard, rails, toe-boards and barriers) to suitably fence them. These give partial effect to the provisions of paragraph 2(b) and (c) of Article 8 of the Convention. The Committee requests the Government to indicate the provisions which determine the adequate width of gangways (paragraph 2(b)) and the measures which have been adopted to ensure that every working platform, working place and stairway shall be suitably fenced (paragraph 2(c)).

4. The Committee notes that the Government refers, in its first report, to section 11 of the Factories (Health, Safety and Welfare) Regulations as giving effect to Article 13, paragraph 2 of the Convention. It notes that section 11 referred to above by the Government only applies to the machinery listed in the schedule attached to the regulations. This machinery does not include cranes or hoisting machines. The Committee requests the Government to indicate in its report the provision of national law or regulations which applies Article 13, paragraph 2, of the Convention.