‘Iż-Żejt’
On the 26th of October, while driving through the roads of Msida heading home, I rode through Triq Qrejten and just as I passed Telgħat Gwardamaniga, I noticed that my motorbike felt unstable. I looked back and saw an oil patch covering most of the road.
I pulled aside and called the emergency services to have the spill sorted out. Kudos to the Civil Protection Department who were on site in less then 10 minutes to cover the spill with sand. However, when I tried to report the same issue to the Occupational Health and Safety Authority (OHSA), I was informed that since it is a public road and not a workplace the issue is to be reported to the police.
I wanted to submit the report to the Occupational Health and Safety Authority (OHSA), since the OHSA Act states that the employer is responsible to ensure the health and safety at all time of all persons who may be effected by the work being carried out. Doesn’t an oil spill on a public road generated by work equipment fall within that criteria? And how can a crane be leaking oil when it is legally to be subject to a suitable system of maintenance and inspections every six months under the Work Equipment (Minimum Safety and Health Requirements) Regulations.
The Health and Safety Executive (HSE), has guidance published on the protection of the public during on going works. A specific section on slips, trips and falls in pedestrian areas states that any spillages are to be cleared immediately and that the area shall be secured prior to allowing access to the public (Protecting the public, 2009). While guidance published by the OHSA Stating the obvious no? Furthermore guidance by the OHSA on the the use of cranes asks the employer to make a visual inspection to make sure that there is no leakage of oil or fuel (Krejnijiet – Gwida ta’ Prattika Tajba, n.d.).
Such spills are not a rare occasion. As reported by the Times of Malta, an oil spill from a crane which occurred in June 2020 led to a collision of 8 different vehicles.
During the day the crane at Msida was obstructing the street as such, a transport official would have been stationed at the place of work. Shouldn’t the same transport official noted and acted on the danger that such oil spill may pose to other public vehicles?
Even though legislation exist to protect the public and to regulate work equipment, we notice everyday equipment which is inadequate and danger to the public.
Such instances show that employers are not fulfilling duties imposed on them by different legal notices. If it is promoted to the public to report such occurrence to the OHSA and the OHSA is given the legal power to take ownership of these cases, the OHSA can have better direction on which employers need further investigation and enforcement.
Couldn’t have the collision which occurred in June led to serious injuries, couldn’t have I skidded with my bike, couldn’t have this risk been mitigated by the employer having a suitable system of maintenance, an inspection after completion of works and some sand before opening the road?