Tag: law

OHSA – A New Law on Safety & Security at the Workplace

The Occupational Health & Safety Authority (OHSA) has recently issued a leaflet to outline the basic tenets of the new law. In case you missed it or are not in Malta, here are the key points.

Every worker counts and every worker can contribute to the safety and security of the place they work in. The main objectives of the new law are the following:

  1. Protecting mental and physical health of workers across all sectors
  2. Implementing stronger measures and mechanisms
  3. Fostering a prevention culture among workers and employers alike

Key responsibilities:

  1. Responsibilities of the OHSA
    • Allocating more resources to operate effectively
    • Enhancing skills and competences of its own workforce
    • Introducing new legal measures for rapid intervention in high-risk situations
    • Modernising operational procedures for more effective oversight
    • Health & Safety Responsible Officer – when neccessary to receive reports and investigate, ensuring access for workers to continuous support at the workplace
    • Conducting life consultations nationwide to ensure sectoral improvements.
  2. Employer Liability
    • Risk and hazard identification
    • Assesment of impact of risks on workers’ health
    • Implementing necessary mesures to elimitate or control risks to workers’ health
    • Provide appropriate training and information to workers, based on their role
    • Ensuring competent supervision
  3. Employees’ Responsibilities
    • Cooperate with employer & team
    • Proper use of equipment supplied
    • Reporting of hazards
    • Engaging in continuous training
    • Adopting correct behaviour that does not endanger the team and themselves.

The OHSA offers a helpline – 158 – for more information or any difficulties.

If you are an employer seeking to draft your policies and procedures from this perspective and require assistance, contact us for a consultation. We can provide assistance with preparing your handbooks, policies and procedures, or provide a review based on the size of your operation and workforce.

Building Consumer Protection Capacity in the EU

Insights from BEUC’s Consumer PRO Initiative

The Consumer PRO motto, “Collaboration is Key,” serves as an important reminder for us all. In the ever-evolving landscape of consumer rights, collaboration is essential for fostering progress and protecting consumers. This was an essential task for building consumer protection capacity across the EU. Here are some insights into the Consumer Pro Initative launched by BEUC.

BEUC is the umbrella group for 44 independent consumer organisations from 31 countries. Its main role is to represent these organisations to the EU institutions and defend the interests of European consumers. The acronym originates from its French name, ‘Bureau Européen des Unions de Consommateurs’.

Capacity Building

Capacity building has become increasingly vital in this field, especially as consumer protection laws continue to evolve. Recent legislative changes have been notably more favorable to consumers, while also providing clearer obligations for traders. These updates aim to harmonize consumer protection regulations across the EU, ensuring fairness and transparency in all consumer transactions.

Key Training Sessions and Updates

In 2020, a comprehensive training initiative was launched, focusing on general consumer protection and the evolving digital rights under EU law. By 2022, the program expanded to include the Representative Actions Directive, reinforcing the collective rights of consumers.

The Consumer PRO initiative, led by the European Commission and EISMEA, was designed to build capacity within consumer organizations across the EU. Implemented by BEUC, this initiative aimed to foster knowledge sharing and collaboration among professionals in the field.

The Best Practice Seminar: A Platform for Collaboration

The Best Practice Seminar is a key element of this initiative, open to a wide range of participants, including consumer organizations, national authorities, and European Consumer Centres (ECCs) in the EU, Norway, and Iceland. The seminar also welcomes other consumer professionals eager to learn and collaborate.

This seminar has been instrumental in enhancing the strategic planning of consumer law. Since 2020, two rounds of training have engaged over 2,000 consumer professionals, with participants receiving training either directly or through national seminars led by local trainers. Notably, the Czech Republic had the highest participation rate, while Malta, as a smaller jurisdiction, saw around 20 participants in 2020 and approximately 9 in 2022.

Focus on Digital Rights and Collective Redress

The 2020 training in Malta primarily focused on general consumer rights, with a brief session on digital rights. However, by 2022, digital rights received more in-depth attention due to increasing concerns about the lack of training and knowledge in this area. Additionally, a session on collective redress was introduced, though much of the legislation surrounding this remains unclear and underexplored.

Key Themes: Celebrate, Cultivate, and Collaborate

BEUC’s approach emphasises three core themes:

  • Celebrate: Recognizing the often-unsung daily efforts in consumer protection that are crucial to its success.
  • Cultivate: Fostering continuous learning and adapting to emerging challenges, such as the impact of AI on consumer rights. Inter-generational projects could help bridge the gap between traditional business practices and the evolving AI-driven landscape.
  • Collaborate: Encouraging cooperation among consumer professionals, organizations, and the BEUC to produce more meaningful results.

Looking Ahead

The Consumer PRO initiative has proven to be a vital tool for improving consumer law knowledge and building strong, collaborative networks across Europe. As we continue to navigate the evolving consumer protection landscape, we can expect more updates and opportunities for professionals to engage with this important work.

Stay tuned for more updates on this crucial initiative! and contact Geraldine Spiteri if you require any information about this initative.

📩 gs@asteria.mt

Opinion: A Commercial Court for Malta ?

Update (2025): Since this article was first published, a Commercial Court has been established in Malta under the Code of Organisation and Civil Procedure. This opinion piece is retained for archival purposes, reflecting earlier commentary on the topic.

Earlier in 2017, the Ministry for Justice, Culture and Local Government held a public consultation, titled “Setting up of the Civil Court, First Hall, Commercial Section“.  The consultation was then concluded in July 2017.

Wide Range of Questions

Consultation questions included whether there should be a commercial section within the civil arm of the Maltese courts. The consultation also asked whether the remit should be limited to the Companies Act or wider.

Feedback Received

The feedback received applauded the initiative of introducing this section. In the past the Maltese courts included a Commercial Court section. The commercial court was eventually discontinued.

However, in the current litigation climate, both the Government and those participating in the consultation felt that the introduction of this section would increase in the efficiency of justice being delivered.  Naturally, it was considered imperative that the necessary human and other resources are provided.

During the consultation, the feedback mentioned that matters falling under the Commercial Code should also be included within the scope of this section’s jurisdiction. Others suggested that other laws such as the Trusts and Trustees Act and other codes that deal with matters of a commercial nature (e.g.  banks) should also fall under this court’s jurisdiction.

Existing Procedures and the New Court

The court’s general area of competence and procedure are still unclear.  Most procedural matters are generally regulated by the Code of Organisation and Civil Procedure. A new court would need to have its own rules of procedure, or somehow be regulated by this Code.  The Code regulates the procedure of all the civil courts in Malta.

The use of alternative dispute resolution mechanisms, including pre-trial conferences and/or arbitration or mediation were also considered an efficient means to resolve disputes.  They can provide direction in cases that are deemed to be high-risk or that are of a delicate nature.

The consultation respondents further referred to the implementation of online filing and payment of fees.  At the time of writing, only physical payment and filing of court cases is possible.   This renders the process inconvenient and unwieldy for most professionals and increases crowding in court.

Respondents additionally suggested other legislative amendments to be made alongside the setup of this new commercial court.  These amendments would ensure that the new Bill respects the current legal framework.

In late 2017, the Government published its response to the consultation. In the response, the Government stated that, subject to Parliamentary approval, it plans to enact the new legislation in early 2018. The plan is for the new Commercial Section  to commence operation in the second quarter of 2018.