Health and Safety Laws
The primary legislation governing health and safety in workplaces in Kiribati is the Occupational Health and Safety Act 2015. This Act, together with its amendment in 2018, and other subsidiary regulations and guidelines, establish the basis for promoting and maintaining a safe and healthy working environment.
Key Responsibilities
Employers in Kiribati have a primary duty of care under the Occupational Health and Safety Act 2015. Their specific duties include ensuring that the workplace, machinery, equipment and systems of work are safe and free from risk to health. They are also responsible for implementing measures for the safe use, handling, storage and transport of hazardous substances. Employers are required to conduct risk assessments and implement appropriate control measures, provide and maintain appropriate personal protective equipment (PPE) at no cost to employees, and provide employees with information, instruction, training and supervision to ensure their health and safety.
Employees also have responsibilities under the law. They are expected to act responsibly to protect their own health and safety and that of others, comply with all reasonable instructions and cooperate with the employer’s efforts to meet health and safety requirements, use any personal protective equipment provided correctly, and report any workplace hazards or injuries to the employer.
Application and Compliance
The Occupational Health and Safety (OHS) Unit within the Department of Employment and Human Resources Development is responsible for the administration and enforcement of the Occupational Health and Safety Act, 2015. OHS inspectors have broad powers to ensure compliance, including entering workplaces without notice, undertaking examinations and interviewing affected individuals. They can issue improvement or prohibition notices to address hazards or violations of the Act and are responsible for investigating workplace accidents and incidents.
Other Important Aspects
The Act encourages the appointment of occupational health and safety representatives and the establishment of health and safety committees to facilitate cooperation and address health and safety issues. Failure to comply with the Occupational Health and Safety Act 2015 can result in significant fines and even imprisonment for serious violations. However, like many developing nations, Kiribati likely faces challenges in the widespread implementation and enforcement of health and safety legislation. Limited resources and competing priorities may hamper consistent oversight across sectors.
Health and safety at work
Occupational health and safety (OHS) standards in Kiribati are primarily governed by the Occupational Health and Safety Act 2015. These standards cover a wide range of areas, from hazard identification and risk management to specific hazards and the work environment.
Hazard Identification and Risk Management
Risk assessments are a key part of the law, requiring employers to identify potential hazards and implement appropriate control measures. The hierarchy of controls, which includes elimination, substitution, engineering controls, administrative controls and personal protective equipment (PPE), is intended to guide risk mitigation strategies.
Specific Hazards
The law likely includes regulations for the safe handling, storage, labeling, and disposal of hazardous chemicals. Employers are also required to ensure that machinery is safe and properly guarded, and that electrical hazards are addressed. Measures to prevent falls when working at height and procedures for safe entry and work in confined spaces are also likely to be regulated.
Work Environment
The law likely includes standards to control excessive noise exposure, ensure adequate ventilation, provide adequate lighting, and maintain workplace sanitation.
Health at Work
Employers are required to provide first aid facilities and trained staff. Depending on the industry, medical examinations may be required to monitor health hazards at work. Although probably not detailed in the legislation, employers are expected to minimise ergonomic risks.
OHS practices in Kiribati
Employers must provide OHS training to ensure workers understand hazards and safe work practices. Procedures for reporting and investigating accidents and illnesses are essential to identify root causes and prevent recurrences. Incident records, training, risk assessments, etc., are likely required for compliance and monitoring purposes. The Act encourages the establishment of OHS committees to promote collaboration between employers and workers.
Workplace inspection
Workplace inspections are a crucial part of maintaining a safe and healthy work environment. They involve a thorough examination of the workplace to identify potential hazards and ensure compliance with safety standards. The main objectives of these inspections include assessing compliance with safety regulations, identifying potential hazards, providing education and advice on safety practices, and enforcing safety regulations when necessary.
Inspection Procedures
Workplace inspectors have broad powers to effectively carry out their duties. These powers include the right to enter workplaces at any reasonable time without notice, to inspect the workplace, equipment, substances and relevant documents, to question employers, employees or any other person present at the workplace, to take samples of substances or materials for analysis, and to request the assistance of the police or other necessary resources.
Inspection Criteria
The criteria for workplace inspections are comprehensive and cover a wide range of safety requirements. Inspectors check whether risk assessments have been carried out and appropriate controls are in place, the adequacy of measures to control specific hazards, whether equipment and machinery are properly maintained, verification of training necessary for worker safety, appropriate reporting procedures for accidents and illnesses in the workplace, and the presence of fire safety, evacuation and first aid measures.
Frequency of Inspections
The frequency of inspections may vary depending on several factors. High-risk industries may require more frequent inspections, workplaces with a history of safety violations could be inspected more often, and worker complaints could trigger targeted inspections.
Follow-up Actions
If non-conformities or hazards are detected during an inspection, inspectors have the power to issue improvement notices requiring the employer to rectify the issues within a specified timeframe, or prohibition notices ordering the immediate cessation of an activity or the use of equipment if a serious risk is present.
Penalties
Failure to comply with safety regulations may result in penalties, including fines and even imprisonment, particularly in cases of serious risk or harm.
Inspector’s Recommendations
In addition to issuing formal opinions, inspectors can also provide recommendations to employers for continuous improvement of safety practices.
Workplace inspections play a vital role in promoting a culture of health and safety prevention in workplaces. They serve as both a deterrent to unsafe practices and a tool to improve compliance through education and awareness.
Work accidents
Workplace accidents are a serious matter and require immediate attention and reporting. There are specific incidents that must be reported, such as fatalities, serious injuries, and dangerous occurrences. Fatalities refer to any work-related death, while serious injuries are those that prevent an employee from performing their regular job for an extended period of time. Dangerous occurrences are incidents that could have resulted in serious injury, even if no one was injured, such as an equipment failure or a chemical spill.
Reporting Mechanisms
Employers have a responsibility to report such incidents to the relevant authorities within a prescribed time frame. They must also take steps to preserve the accident scene for investigation purposes, unless doing so poses an additional risk.
Investigation Process
Employers are required to investigate accidents and incidents, particularly those resulting in serious injury. This involves gathering information, conducting a root cause analysis and keeping detailed records of the investigation and corrective actions taken. In some cases, occupational health and safety inspectors may conduct investigations for serious incidents or where the employer’s investigation is deemed inadequate.
Compensation Claims
Employees injured in the course of their employment are generally eligible for workers’ compensation benefits. These benefits may include coverage for medical expenses, lost wages, and disability payments. Workers must file a claim with a designated workers’ compensation board or similar agency. Mechanisms may exist to resolve disputes over workers’ compensation claims.
