A Summary of the New Regulations on Noise

Introduction

 

L.N. 185 of 2004 introduced a framework for controlling exposure to workplace noise. These Regulations have now been replaced with and revoked by L.N. 158 of 2006, ensuring compliance with EC Directive 2003/10/EC, dealing with minimum requirements regarding the exposure of workers to the risks arising from physical agents. With effect from July 2006, duties are imposed on both employers and the self-employed to protect employees who may be at risk and other people at work who may be affected.

 

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The Information and Consultation / National Works Councils Regulations

Following the publication of the European Works Councils Regulations of 2004, we still await the publication of the National Works Councils Regulations that should be with us shortly.

In relation to Information and Consultation requirements of those workplaces that don't form part of a European wide undertaking, one should in fact refer to Directive 2002/14/EC that establishes a general framework for informing and consulting employees in the European Community. This Directive establishes that companies which fall under the threshold (to be decided by the Dep. Of Employment and Industrial Relations) are to consult their employees on a number of issues (including collective redundancies and transfer of business), even if a union isn't recognised by the employer in question.

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Social Security

Amendments to the Social Security Benefits received in Malta.

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OHS Guidelines and Legislation in the pipeline

During the past few months, the OHSA have published for consultation a number of draft laws and guidelines for the public to comment upon. These guidelines can be found on the OHSA website or by following the links below:

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New OHS Regulations on Protection of Workers from Risks arising from Vibration

Following the coming into force of The European Physical Agents (Vibration) Directive (Directive 2002/44) which deals with the control of diseases caused by vibration at work from equipment, vehicles and machines, the OHSA considered it essential to draw up more specific legislation pertaining to the exposure to mechanical vibration, which can lead to musculo-skeletal, neurological and vascular disorders. To this end, the scope of these regulations is to protect workers from the risks arising from the exposure to mechanical vibration.

These regulations set out the exposure limit values and action limit values for hand-arm and whole-body vibration.

For hand-arm vibration in fact, the daily exposure limit value standardised to an eight-hour reference period shall be 5 m/s and the daily exposure action value standardised to an eight-hour reference period shall be 2.5 m/s. For whole-body vibration, the daily exposure limit value standardised to an eight-hour reference period shall be 1.15 m/s and the daily exposure action value standardised to an eight-hour reference period shall be 0.5 m/s. The regulations also specify the technical specifications on the basis of which exposure to vibration is assessed and measured.

Apart from abiding by these vibration limits, employers will also need to carry out ad hoc risk assessments and health assessments apart from training employees when and if necessary.

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Amendment to the Equal Treatment Regulations of 2004

Amongst all these regulations, the Equal Treatment Regulations of 2004 were also amended. The amendments are mainly aimed to amend the rules on disability discrimination and also to improve the regulations on enforcement and access to the Industrial Tribunal under the 2004 regulations.

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Private Rules for the Public Service

Four legal notices were also issued this year with the aim of extending some of the regulations that were only applicable to the private sector until some time ago, to the public sector.

Replacement of the Fixed Term Contracts Regulations

On the 13th of March 2007, the Government published the new fixed term workers regulations that replaced those issued in 2002.  The changes to the old regulations that came into effect on the 15th of June relate mainly to the 4-year period and the exceptions for that rule.

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Part Timer Benefits Amendment

I would suppose that the amendment that will affect Maltese employers the most would be the amendments to the Part Time Regulations of 2002. Effectively, the government was forced to eliminate the 20-hour threshold for part timer benefits and bonus payments, as these run counter to the principle that part timers should not be treated less favourably as found in the parent European Directive.

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New Regulations Issued Under EIRA 2002 During 2007

This year has been an exceptionally busy year for Government as a number of regulations amending existing legislation have been published in order to perfect compliance with the various EU Directives and Regulations that have already been incorporated in our law.





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