The Occupational Health and Safety Authority (hereinafter the “Authority”) issued Administrative Instrument No.1 of 2025 (hereinafter the “Administrative Instrument“) under its mandate in terms of the Health and Safety at Work Act (Chapter 646 of the Laws of Malta) (hereinafter the “Act”). This instrument regulates the registration of competent persons, as defined in the Act, authorising them to assist duty holders in safeguarding occupational health and safety and in preventing and controlling workplace risks.
Requirements for Registration
The eligibility criteria for registration as a competent person set forth in the Administrative Instrument are as follows:
- Maltese or EU citizenship, or residency in Malta provided such residents are in possession of the necessary permits to legally work herein
- A qualification certified by the Malta Qualifications Recognition Information Centre at a Level 5 minimum (60 ECTS), or higher, in occupational health and safety
- At least two years of verifiable practical experience in occupational health and safety
- Proficiency in English or Maltese
- A clean police conduct certificate free from occupational health and safety breaches
- Their name does not appear in the Administrative and Compromise Fines Register held by the OHSA
Where the applicant holds a foreign qualification, they shall be required to undergo mandatory training on Maltese Occupational Health and Safety Law recognised by the Authority.
Registration is subject to a non-refundable initial application fee of €100 and an annual renewal fee of €75. Renewal is conditional on maintaining a clean police conduct from any breaches, related to the profession and Occupational Health and Safety legislation and not appearing on Authority’s Administrative and Compromise Fines Register, along with any other applicable conditions.
Automatic Eligibility for Current Registrants
Persons who were already listed in the existing Competent Person Register automatically qualified for inclusion in the new register provided that they formally attested to and expressed their interest to be included therein within three months from the Administrative Instrument’s date of publication.
Performance Standards
The Administrative Instrument also sets out clear performance standards for registered competent persons. These include compliance with all duties under applicable health and safety legislation, the provision of accurate and timely advice, ensuring that all documentation, risk assessments, and safety recommendations prepared by occupational health and safety practitioners adhere to legal and technical standards, signing and observing a Code of Ethics or Professional Conduct as may be applicable, and participating in periodic reviews or feedback sessions as required by the Authority.
Failure on the part of the competent person to adhere to the said performance standards or accurately and effectively deliver services to duty holders as required in terms of the Act may result in suspension or removal fro the register by the Authority.
Appeals
Applicants or registrants dissatisfied with the Authority’s decisions regarding registration, renewal, or any other determination made under the administrative instrument may appeal to the Health and Safety Tribunal newly established under Article 23 of the Act, within 20 working days, in accordance with the appeals procedure laid down by the Tribunal.
For more information on the occupational health and safety legislative framework and the registration criteria for competent persons, please contact the Av. Karl Briffa (karl.briffa@vba.mt) or Av. Julia Darmanin (julia.darmanin@vba.mt)
