Haiti operates under a civil law system, with its legal framework built on codified laws and regulations. The Haitian Labor Code (Code du Travail) is the primary legal source for employment standards, supplemented by Ministerial Orders and Regulations that provide industry-specific details. Haiti is also a member of the International Labor Organization (ILO) and has ratified many of its conventions.

Key Health and Safety Laws

Occupational Safety and Health (OSH)

The Labor Code (Articles 224 - 251) outlines employer obligations to provide a safe and healthy workplace. These obligations include risk assessments and prevention measures, provision of protective equipment and training, sanitation and hygiene facilities, first aid and emergency procedures, and reporting of accidents and occupational diseases. Ministerial Orders (Arrêtes) may establish specific health and safety standards across various industries.

Workplace Injury and Illness Compensation

The Labor Code (Articles 113-123) requires employers to financially compensate employees who suffer work-related injuries or illnesses. The Office Nationale d'Assurance-Vieillesse (ONA) manages the Work Accidents, Sickness and Maternity Insurance program (OFATMA - Office d'Assurance Accidents du Travail, Maladie et Maternité).

Worker Rights and Participation

The Labor Code (Articles 31 - 41) protects the right of workers to form unions and engage in collective bargaining, and to have representation on health and safety committees.

Specific Areas of OSH Regulation

Regulations exist for the construction industry, given its high degree of hazard. There are also regulations managing the use, storage, and disposal of hazardous chemicals in the workplace. The Labor Code and ministerial orders outline fire prevention measures, evacuation plans, and fire safety equipment requirements. Employers are required to provide clean drinking water, toilets, and washing facilities to maintain worker health.

Enforcement and Compliance

The Ministry of Social Affairs and Labor (MAST) is the primary agency responsible for enforcing labor laws, including OSH regulations. The Labor Code outlines penalties for violating OSH regulations, including fines and potential closure of workplaces.

Challenges and Improvements

Haiti faces challenges in effectively enforcing health and safety laws due to limited resources, understaffing, and insufficient funding of the regulatory agency. Many Haitian workplaces exist within the informal economy, making regulation less effective. Initiatives to strengthen Haiti's OSH systems and improve worker protections include collaboration with the ILO through the Better Work Haiti program and capacity building initiatives to strengthen the capacity of MAST and other regulatory institutions to enforce and promote OSH provisions.

Occupational safety and health (OSH) standards are crucial in every workplace. Employers are required to identify potential hazards and implement control measures to eliminate or minimize risks. These measures may include hazard identification and risk assessment, engineering controls such as guarding machinery, administrative controls like work procedures and training, and the use of personal protective equipment as a last resort.

Safe Work Environment

The workplace must be maintained in a safe and hygienic condition. This includes providing adequate ventilation and lighting, maintaining cleanliness and sanitation facilities, and ensuring the availability of emergency exits and fire safety measures.

Worker Training

Employers are also required to provide OSH training to workers. This training should include information on hazards, safe work practices, and emergency procedures.

Industry-Specific Standards

In Haiti, specific OSH standards have been established for several sectors. For instance, in construction, regulations address fall protection, scaffolding, electrical safety, and other typical construction site hazards. Manufacturing focuses on machine guarding, chemical hazards, noise exposure, and confined space safety. Agriculture addresses pesticide hazards, heat stress, and risks associated with agricultural machinery.

Workplace Health and Well-being

Workplace health and well-being are also important aspects of OSH. Employers must provide first-aid kits and train designated personnel in first-aid procedures. Some industries may require pre-employment and periodic medical examinations for specific worker groups. While not explicitly addressed in legislation, initiatives promote awareness and resources for mental health support in the workplace.

Worker Participation and Representation

Worker participation and representation are also key elements of OSH. The Labor Code outlines the establishment of worker-management health and safety committees in larger workplaces. Workers also have the right to form unions and collectively bargain on OSH matters.

Challenges

Despite these standards, significant gaps exist between established OSH standards and on-the-ground practices in Haiti. Challenges include weak enforcement due to limited inspection capacity and resources, a substantial portion of the workforce operating outside formal regulatory structures, and many employers and workers lacking sufficient knowledge of OSH principles and regulations.

Workplace inspections play a crucial role in ensuring compliance with labor regulations, identifying potential hazards, educating and raising awareness about safe practices, and deterring non-compliance.

Role of Workplace Inspections

Inspectors assess whether workplaces adhere to the Labor Code and relevant ministerial orders and regulations. They proactively identify potential occupational health and safety (OSH) risks, allowing for corrective actions before accidents or illnesses occur. Inspectors also provide employers and workers with information and guidance on improving OSH practices. The potential for inspections and penalties serves as a deterrent to violating OSH laws.

The Inspection Process

The Ministry of Social Affairs and Labor (MAST) is responsible for conducting OSH inspections. Labor inspectors have the authority to enter workplaces, examine documents, and interview workers. Inspections can be routine, complaint-based, or accident investigations.

Inspection Criteria

During inspections, labor inspectors evaluate general workplace conditions, machinery and equipment safety, chemical hazards, fire safety, ergonomics, and recordkeeping.

Inspection Frequency

The frequency of workplace inspections is often determined by industry risk, resources and capacity, and complaint history. The Labor Code does not specify a mandated frequency for workplace inspections.

Follow-Up Actions

After an inspection, inspectors issue a report outlining findings, violations, and deadlines for corrective actions. Employers must submit plans to address violations and prevent future occurrences. Inspectors may conduct follow-up visits to verify compliance. The Labor Code outlines penalties for OSH violations, including fines and potential workplace closure in severe cases.

Workplace accidents are a serious matter that require immediate attention and proper reporting. Employers are mandated by the Labor Code (Article 235) to report all such incidents to the Local Labor Office (Bureau du Travail) within 48 hours of the incident, and to OFATMA (Office d'Assurance Accidents du Travail, Maladie et Maternité) for accidents resulting in injury or illness causing work absence.

Reporting Workplace Accidents

The accident report must include details such as the date, time, and location of the accident, a description of the incident and its causes, injuries sustained and medical treatment received, and any witnesses to the accident.

Accident Investigation

Labor inspectors from MAST may investigate accidents to determine the cause, identify contributing factors, and assess compliance with regulations. Worker representatives or health and safety committees (if present) may participate in accident investigations. The findings from these investigations help prevent similar accidents in the future and may influence compensation decisions.

Compensation for Workplace Injuries and Illnesses

OFATMA, the social insurance program, administers workplace injury and occupational disease compensation. Types of compensation include coverage of necessary medical treatment costs, wage replacement for workers unable to work during recovery, compensation for long-term or permanent impairments, and financial support for dependents of workers who die from workplace injuries or illnesses.

Procedures for Claiming Compensation

The injured worker must first seek medical treatment from an OFATMA-approved medical provider. The employer then reports the accident to OFATMA, who evaluates the medical reports and determines the eligibility and extent of compensation. OFATMA then issues payments directly to the injured worker or their dependents.

Timely reporting and filing of compensation claims are essential to ensure prompt access to benefits. Workers may appeal OFATMA's decisions regarding compensation through administrative and legal channels. Injured workers or their families may benefit from seeking legal advice to navigate the compensation process.