Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Malta

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1965)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1988)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 6, 10 and 16 of Convention No. 81 and Articles 8, 14 and 21 of Convention No. 129. Numbers of labour inspectors and inspection visits. Conditions of employment. The Committee notes that, in reply to its previous request, the Government indicates in its report that the conditions of service of labour inspectors at the Department of Industrial Relations and Employment (DIER) have improved with the introduction of a new collective agreement for public service employees and other flexible working arrangements. Furthermore, the Government states that in order to attract and retain a sufficient number of motivated staff, since 2022, DIER officers with investigative duties have been assimilated to the grade of manager I (compliance), allowing them to continue to progress up the salary scale, and that they also receive an annual performance bonus, as well as a monitoring allowance since 2023. The Committee also notes the Government’s indication that in 2023 the Occupational Health and Safety Authority (OHSA) signed a new collective agreement for its staff, including inspectors, leading to better employment conditions for them (covering remuneration, leave, training, family-friendly measures, etc.). The Government states that OHSA inspectors (level I and II) receive better salaries than police constables and sergeants (at the entry level).

Regarding its previous request concerning the number of inspections and labour inspectors, the Committee notes the Government’s indication that: (i) while the DIER carried out 1,431 inspections in 2021 and 1,209 in 2022, the OHSA undertook 4,165 inspections in 2021 and 4,387 in 2022; (ii) the OHSA carried out 2 inspections on farms in 2022 and 10 inspections in 2023, and (iii) the DIER employs a total of ten inspectors and the OHSA inspectors numbered 12 in 2021, 13 in 2022 and 12 in 2023. The Committee notes again that while the number of DIER inspectors is the same as in 2019, the number of OHSA inspectors has decreased between 2020 and 2023 (from 14 to 12 inspectors). In relation to the latter, the Committee notes the Government's indication that, when reflecting on the number of recruits at the OHSA, it is necessary to take into account that the private sector offers better employment conditions without enforcement functions. Notwithstanding this, the Government also points out that the number of staff at the OHSA has increased in 2024, with two new recruits already joining its ranks, due to a more insistent recruitment drive. No information has been provided on the specific positions filled by the new staff. The Committee requests the Government to indicate whether it intends to increase the number of inspectors at the OHSA and to indicate the measures taken to this end. It also requests the Government to continue to provide information on the number of labour inspectorsworking at the DIER and at the OHSA, as well as the number of inspections undertaken by these entities, including specifically in the agricultural sector.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of cases of occupational accidents and diseases. With regard to its previous comment, the Committee notes the Government’s indication that little progress was made in the initiative led by the OHSA to encourage medical practitioners to increase the reporting rate of occupational diseases. The Government also indicates that, in 2024, the OHSA is presenting a complete overhaul of the notification system covering injuries and diseases, through a new legal notice. The Committee requests the Government to continue to provide information on the activities undertaken by the OHSA to improve the notification of occupational accidents and diseases and on the results achieved. It also requests the Government to provide information on the regulations on the new notification system for occupational injuries and diseases, once adopted, and to indicate the manner in which the new system applies these Articles of the Conventions.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. Statistics on occupational accidents. Following its previous comment, the Committee notes the Government’s indication that information on labour inspection activities in the agricultural sector is difficult to list, as the OHSA statistics are not disaggregated by sector. The Committee also notes that the 2021 and 2022 annual reports of the DIER and the OHSA, submitted by the Government, do not yet contain all the information required by the Conventions. In this regard, the Committee notes that the 2022 reports lack the information on: staff of the labour inspection service (Article21(b) of Convention No. 81 and Article27(b) of Convention No. 129); statistics of workplaces liable to inspection and the number of workers employed therein (Article21(c) of Convention No. 81 and Article27(c) of Convention No. 129); statistics of occupational accidents (Article 21(f) of Convention No. 81 and Article27(f) of Convention No. 129); statistics of occupational diseases (Article21(g) of Convention No. 81 and Article27(g) of Convention No. 129). At the same time, the Committee notes with interest that, according to the 2022 annual report of the OHSA, the overall occupational injury and fatality rates showed persistent downward trend over the period 2002–22 and that there was a positive impact of the OHSA’s actions on the above-mentioned rates in view of the correlation observed between the number of accidents and several OHSA key interventions, including inspections and the issuing of administrative fines. With regards to agriculture, the OHSA reports that there were no accidents in 2022 and that it carried out two investigations for injuries and fatal accidents in 2023. The Committee requests the Government to provide information on the measures taken to ensure that the labour inspection reports of the DIER and OHSA contain all the subjects listed in Articles 21 and 27 of Conventions Nos 81 and 129 respectively and to continue to publish and transmit these reports to the Office.