Study-Unit Description

Study-Unit Description


CODE ERL3005

 
TITLE Occupational Health and Safety Legislation

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION The Civil Code

- The nature, purpose, general duties and principles of civil liability with particular reference to strict liability as distinct from fault based liability in employer-employee relations.

Maltese Statute Law

- The historical evolution of Maltese OHSL leading to the enactment of the Factories Ordinance 1940 : detailed analysis and application.
- The evolution of Maltese OHSL through the enactment of the Occupational Health and Safety (Promotion) Act 1974 until its repeal: detailed analysis and application.
- The enactment of the Occupational Health and Safety (Authority) Act 2000 [Chap.424] as a crucial turning point: detailed analysis and application.

English Law

- As OHSL in Malta was heavily influenced by English Law, a short and concise insight into English Law is necessary with particular reference to the position before and after the enactment of the Health and Safety At Work Act 1974.

Maltese Subsidiary Legislation

- A study of the subsidiary legislation as it evolved with particular emphasis on that legislation still in force.

Other relevant Maltese statutes

- Social Security Act [Chap.318]
- Merchant Shipping Act [Chap.234]
- Employment and Industrial Relations Act [Chap.452]

Civil Court Judgements

- A critical analysis of court judgements regarding civil liability of employers towards their employees

The European Union

- The Framework Directive
- The Individual Directives

Factories Ordinance 1940 [Chap.107] - repealed by the Occupational Health and Safety (Promotion) Act 1994 - [Chap.367] - repealed by the Occupational Health and Safety Authority Act 2000 - [Chap.424]

Regulations [as amended] enacted under Chap.107 saved by Chap.367 and still in force by virtue of Chap.424:-
Factories (Woodworking Machinery) Regulations 1949 Government Notice 787 of 1949
Dock Safety Regulations 1953 Government Notice 497 of 1953
Factories (Superintendence and Control of Plant) Regulations 1954 Government Notice 340 of 1954
Factories (Hoists and Lifts) Regulations 1964 Legal Notice 47 of 1964
Building (Safety) Regulations 1968 Legal Notice 96 of 1968
Steam and Hot Water Boilers Regulations 1976 Legal Notice 34 of 1976
Power Presses Regulations 1984 Legal Notice 25 of 1984
Factories (Health, Safety and Welfare) Regulations 1986 Legal Notice 52 of 1986

Occupational Health and Safety (Promotion) Act 1994 - Act VII of 1994 - Chapter 367 - repealed by Occupational Health and Safety Authority Act 2000 - Act XXVII of 2000 - Chapter 424

Regulations [as amended] enacted under Chapter 367, saved by Act XXVII of 2000 and still in force:-
Protection of Young Persons at Work Places Regulations 2000 Legal Notice 91 of 2000
Protection of Maternity at Work Places Regulations 2000 Legal Notice 92 of 2000

Occupational Health and Safety Authority Act 2000 - [Chap.424]

Regulations enacted under Chap.424 and in force:-
Occupational Health and Safety Appeals Board (Procedural) Regulations 2002 Legal Notice 10 of 2002
Minimum Health and Safety Requirements for Work with Display Screen Equipment Regulations 2002 Legal Notice 43 of 2002
Work Place (Minimum Health and Safety Requirements) Regulations 2002 Legal Notice 44 of 2002
Work Place (Provision of Health and, or Safety Signs) Regulations 2002 Legal Notice 45 of 2002
Protection Against Risks of Back Injury at Work Places Regulations 2003 Legal Notice 35 of 2003
General Provisions for Health and Safety at Work Places Regulations 2003 Legal Notice 36 of 2003
Control of Major Accident Hazard Regulations 2003 Legal Notice 37 of 2003 [as amended]
Regulations establishing a list of indicative occupational exposure limit values on the protection of the health and safety of workers from the risks related to chemical agents at work 2003 Legal Notice 120 of 2003
Minimum Requirements for the Use of Personal Protective Equipment at Work Regulations 2003 Legal Notice 121 of 2002
Regulations on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 2003 Legal Notice 122 of 2003
Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations 2003 Legal Notice 123 of 2003
Protection of the Health and Safety of Workers from the Risks related to Chemical Agents at Work Regulations 2003 Legal Notice 227 of 2003
Protection of Workers from Risks related to Exposure to Biological Agents at Work Regulations 2003 Legal Notice 228 of 2003
Protection of Workers in the Mineral Extracting Industries through Drilling and of Workers in Surface and Underground Mineral Extractinn Industries Regulations 2003 Legal Notice 379 of 2003
Work Place (Minimum Requirements for Work) (Confined Spaces and Spaces having Explosive Atmospheres) Regulations 2004 Legal Notice 41 of 2004
Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks arising from exposure to Noise) Regulations 2004 Legal Notice 185 of 2004
Work Place (Minimum Health and Safety Regulations for Work at Construction Sites) Regulations 2004 Legal Notice 281 of 2004
Work Equipment (Minimum Safety and Health Requirements) Regulations 2004 Legal Notice 282 of 2004

Selected Bibliography:

Websites

- www.justice.gov.mt
- www.doi.gov.mt
- www.osha.org.mt

Bibliography

- Employer's Liability towards his Employees and Third Parties - George Hyzler Doctorate of Laws Thesis - University of Malta - 1979
- The Law Relating to Health and Safety at Work - Joseph Zammit McKeon Doctorate of Laws Thesis - University of Malta - 1981
- Recent Developments in Occupational Health and Safety Law Pauline Debono Doctorate of Laws Thesis - University of Malta - 2004
- Bibliography quoted in the above theses
        Social Europe
        European Commission - 3/1993
- Health & Safety - The Law
        James Jackson - The New Commercial Publishing Company Ltd. - 1979
- Health and Safety Law
        B Barrett and R Howells
        The M & E Handbook Series - Longman - 1993
- Occupational Health and Safety Law: Text and Materials Second Edition - Brenda Barrett & Richard Howells Cavendish Publishing Limited - 2000

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 100%

 
LECTURER/S

 

 
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