Recent developments in occupational health and safety law

Abstract

The regulatory framework of occupational health and safety law has been the subject of a number of changes mainly as a result of developments that have taken place, and are still taking place till the present day, in the nature of the labour markets. The Introduction tries to set the context by indicating what changes have taken place over the past decades and why these changes were necessary. The thesis will delve into the developments taking place on an international, European and national level. The main actor on an international level is the International Labour Organisation and its Conventions and Recommendations. The two leading health and safety Conventions, namely the Occupational Safety and Health and Working Environment Convention 1981 and the Occupational Health Service Convention 1985 are examined in detail. The first Convention incorporates the main development which has taken place, in regard to the regulatory framework of health and safety: the transition from detailed prescriptive rules to a more-process based approach that requires employers to actively manage the safety of the workplace and the health of the workforce. The Occupational Health Services Convention 1985 is also analysed due to the valid guidelines it can offer, for the development of such services in the national context. Management of occupational risk is also a central aspect of the EU Framework Directive 89/391. Besides evaluating the main principles underlying the Directive, namely the nature of the employers' responsibilities, risk assessment, protective and preventive services and worker participation in health and safety measures, subsequent chapters examine how these important principles were transposed into national law. Reference to the experiences of United Kingdom and France show that the transposition and implementation of the Directive were heavily influenced by national politics, culture and regulatory structures in such a way that a proper transposition can hardly be said to be achieved in both states, 15 years after the adoption of the Directive. The last Chapter is dedicated to Malta. Reference is made to the constitution and to the work being done by the Occupational Health and Safety Authority, together with an evaluation of the various principles present in the European Framework Directive and their implementation in the Maltese context.