Health and safety inspections in restaurants : to what extent is Maltese law on occupational health and safety fulfilling its objectives with regard to restaurants in Malta?

Abstract

This research addresses health and safety inspections and occupational health and safety (OHS) legislation with reference to restaurants. In 2014 OHSA carried out the Slips and Trips Campaign whereby 292 inspections were conducted in restaurants in Malta and Gozo. Certain OHS duties are less adhered to by restaurateurs than they are by hoteliers. A study of the results obtained from restaurant and hotel inspections confirms that restaurants, being SMEs, require further assistance in the implementation of OHS measures. The scope of OHS is limited to the protection of employees and third parties who may be affected by the work-activity. That said the author looks into health and safety inspections conducted by the Malta Tourism Authority (MTA) to ensure that the restaurant premises are safe for the restaurant patrons. The research finds that inspections on the building structure of the premises lack. Furthermore, the proposed legal reform for the tourism industry should cause changes to the conduct of MTA inspections in restaurants. The development of National Occupational Standards (NOS) should raise the level of skill and knowledge of employees working in the tourism industry particularly as far as OHS is concerned. The proposed Skills Card Scheme which would recognise the skills and knowledge of restaurant employees is the way forward to have more employees acquainted with OHS legislation, particularly migrant employees. Through this research the author also addresses the powers and functions of the Inspections Coordination Office which is set up in virtue of the Coordination of Government Inspections Act, Chapter 568 of the Laws of Malta. The tentative coordination framework indicates that this law should reduce significantly the number of inspections conducted in restaurants.