New Construction Site Regulations Now in Force in Malta

On the 7th of September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Constructions Sites) Regulations, 2025 (S.L. 646.27) (the “Regulations”) came into force. These Regulations have repealed the Workplace (Minimum Health and Safety Requirements for  Work  at  Construction  Sites)  Regulations (S.L. 646.25).

In view of the inherent risks and dangers which can be met by persons present on-site, especially by workers, these Regulations include measures which aim to strengthen the health and safety model laid down by Council Directive 92/57/EEC (the “Construction Safety Directive”) to prevent accidents on construction sites and ensure the facilities on such sites are maintained to a high level.

By virtue of these Regulations, a new duty holder called the ‘Client Representative’ has been introduced, allowing a project owner (hereinafter also referred to as the ‘client’) to nominate third parties not just to manage their project, but to also assume all responsibility and oversight in terms of the Regulations. If a Client Representative is not appointed by the client, the client shall retain full responsibility for fulfilling the obligations assigned to them under the said Regulations. The Regulations have also introduced procedures to be undertaken in the event that the Client Representative resigns or is replaced, specifically requiring a notification to the Occupational Health and Safety Authority (the “Authority”).

Furthermore, the Regulations also mandate that a competent Project Supervisor for Health and Safety matters (the “Project Supervisor”) is required to be nominated at all times in relation to qualifying projects, as defined in the Regulations. The Regulations also specify that a client can only act as a Project Supervisor if he is a competent person.

The term ‘competent person’ has been newly defined to include individuals listed in the register for competent persons administered or otherwise delegated by the Authority. In this regard, on the 4^th of March 2025, the Authority also issued an Administrative Instrument establishing the Competent Person Register for Occupational Health and Safety Practitioners. This instrument highlights the framework through which individuals are assessed and eligible to be listed under the said register. The Regulations also regulate the procedures to be undertaken where the Project Supervisors’ appointment is terminated.

The Regulations lay down strict repercussions for failing to fulfil client responsibilities, stipulating that projects are not permitted to begin or proceed unless a Project Supervisor has been validly appointed in accordance with the Regulations.

Moreover, the Project Supervisor has been granted more effective health and safety monitoring tools compared to those available under the previous regulations which have since been repealed, including but not limited to a new reporting function allowing for health and safety concerns to be reported to the Project Supervisor directly by any interested party and allowing for such Project Supervisor to request particular measures to be taken in order to ensure continuous health and safety observance and monitoring.

The Regulations have granted the Project Supervisor the power to order that work or any activity be halted if there is a reasonable concern that the carrying out of work and/or activity could likely expose any person present on the construction site to a serious risk to their health and/or safety, as well as having granted other additional powers relating to inspections of a construction site.

The Regulations have introduced and updated several definitions, including the definition of ‘Contractor’ which now is also extended to include self-employed persons, as well as the definition of ‘Duty Holder’.

Contractors, as newly defined under the Regulations, have been given added duties under this Regulation which fall under the comprehensive duty to maintain health and safety on construction sites. Contractors must cooperate with the Project Supervisor to enable compliance with the duties pertaining to the said Project Supervisor by promptly providing the necessary information which may be requested by him. The Contractor should also comply without undue delay with all directions given by said Project Supervisor or any designated persons, or external services appointed under the applicable regulations. Contractors are to implement all relevant and preventive protective measures outlined in the health and safety plan and ensure that workers are informed of said requirements. A central obligation is the completion of a written, suitable and systematic risk assessment for each project covering hazards to workers, self-employed persons, visitors and other individuals affected by the work. The assessment must be regularly updated and should take into consideration changes in work activities or conditions and be reviewed when there are significant changes or concerns about their validity. Contractors must retain copies of these assessments and determine the appropriate protective measures including the use of protective equipment if needed, based on their findings.

Under the Regulations, workers have also been given several duties including the duty of cooperating with the Project Supervisor to ensure health and safety at work and to ensure compliance with the duties pertaining to the said Project Supervisor. This includes promptly providing any necessary information and by complying with directions given by the Project Supervisor without any delay. Workers must also adhere to the preventive and protective measures identified in risk assessment as outlined in the health and safety plan.

Duty Holders affected by the Regulations should take note of the above outlined obligations which came into force on the 7^th of September 2025.