The Marshall Islands has an Occupational Safety and Health framework that is guided by international standards and local regulations. This framework is outlined in the Occupational Safety and Health Country Profile by the International Labour Organization. The Republic of the Marshall Islands Maritime Administrator (RMI) issues a series of Marine Notices addressing occupational health and safety within the maritime sector. One such notice, MN 7-049-1, provides guidance on developing and implementing OSH programs on RMI-flagged vessels.

Public Health and Sanitation

The Public Health, Safety, and Welfare Act (7 MIRC 1) is the primary legislation governing public health and sanitation in the Marshall Islands. This act establishes the authority of the Secretary of Health to establish health services, control sanitation, and issue regulations concerning public health matters, including food safety, disease control, and environmental sanitation.

Environmental Safety

The National Environmental Protection Act (NEPA) and the Environmental Impact Assessment Regulations are key laws and regulations addressing environmental health and safety within the Marshall Islands. NEPA is the cornerstone of environmental legislation, providing a framework for environmental protection and management. The Environmental Impact Assessment Regulations detail the process of conducting Environmental Impact Assessments for projects that may significantly impact the environment.

Specific Industries

Certain industries in the Marshall Islands have additional health and safety regulations. For instance, the maritime sector has extensive regulations under the RMI addressing safe working practices, accident prevention and reporting, and health and welfare of seafarers. The construction industry may also have safety guidelines issued by relevant authorities or industry associations to promote safe work practices.

Key Points to Remember

Employers in the Marshall Islands have a general duty of care to provide a safe and healthy workplace for their employees. Risk assessments are essential tools to identify hazards and implement appropriate control measures. Employees have the right to participate in safety and health matters and the right to refuse unsafe work. Incident reporting and investigation are crucial for preventing future occurrences.

Occupational health and safety (OSH) is a critical aspect of any workplace, and various organizations and standards play a key role in establishing and maintaining these standards.

Key Frameworks

The International Labour Organization (ILO) is a significant source of inspiration for OSH conventions and recommendations. The Republic of the Marshall Islands, being a member of the ILO, draws from these resources. Another key player is the Republic of the Marshall Islands Maritime Administrator (RMI), which establishes OSH standards within the maritime sector and issues Marine Notices that provide detailed guidance.

Core OSH Standards

Hazard Identification and Risk Assessment

The Republic of the Marshall Islands Office of the Maritime Administrator - MN 2-11-3 details requirements for anticipating, identifying, evaluating, and controlling hazards in the maritime sector. Employers are obligated to conduct workplace hazard assessments to proactively identify potential risks and implement control measures to protect workers.

Safe Work Procedures and Training

Employers are required to develop and implement safe work procedures, ensuring workers understand the risks involved in their tasks and the necessary precautions. Training is a vital aspect of OSH, ensuring workers comprehend safety procedures and have the skills to work safely. The RMI Marine Notices often include specific safety procedures relevant to the maritime industry.

Personal Protective Equipment (PPE)

Employers are responsible for providing suitable PPE based on the hazards present in the workplace. Workers must be trained in the proper use, care, and maintenance of PPE.

Emergency Preparedness and Response

MN 2-11-3 from the RMI mandates having procedures in place for fire safety, emergency evacuations, and first aid. Workplaces should have emergency plans, readily accessible first aid supplies, and designated individuals trained in first aid.

Occupational Health Surveillance

Certain industries or high-risk tasks may require occupational health surveillance programs. The RMI's Marine Notices address health requirements for seafarers in the maritime sector.

Incident Reporting and Investigation

All work-related injuries, illnesses, and near-misses should be promptly reported and investigated. Investigations aim to determine root causes and implement corrective action, which is critical for preventing future incidents.

Worker Participation

Workers have the right to participate in OSH matters. They should be consulted on risk assessments, safety planning, and incident investigations. The RMI encourages the formation of safety committees on RMI-flagged vessels.

Industry-Specific Standards

Certain industries have additional standards in place. For example, the RMI's extensive Marine Notices provide a wealth of resources regarding OSH within the maritime industry. In the construction sector, safety guidelines and standards are often published by local authorities or construction industry associations.

Workplace inspections play a crucial role in ensuring compliance with safety regulations and standards, identifying potential hazards, and fostering a culture of continuous improvement in health and safety practices.

Regulatory Bodies

In the Marshall Islands, several bodies are responsible for conducting workplace inspections. The Occupational Safety and Health Agency, within the relevant Ministry, may have the authority to conduct general workplace inspections across different industries. The Republic of the Marshall Islands Maritime Administrator (RMI) holds primary responsibility for inspecting RMI-flagged vessels under Maritime Safety Inspection programs. Certain industries may have additional inspectorates, such as the Environmental Protection Agency (EPA), which conducts inspections relevant to environmental safety.

Inspection Procedures

Inspections evaluate compliance with laws and standards, such as the Public Health, Safety, and Welfare Act and relevant industry regulations. Inspectors check whether employers have conducted risk assessments and implemented appropriate control measures. They also assess the existence and implementation of safe work procedures, training, and worker understanding. The availability, suitability, and worker knowledge of Personal Protective Equipment (PPE) and emergency procedures are also evaluated. Inspectors may review procedures and records related to incident reporting and investigation.

Inspection Frequency

The frequency of safety inspections on RMI vessels is determined by the schedule outlined within relevant Marine Notices, and can depend on vessel type, age, and other factors. In other sectors, the frequency of inspections may vary based on the industry, level of risk, and prior compliance history.

Follow-up Actions

Following an inspection, inspectors typically generate formal reports detailing their findings and recommendations. Where non-compliance is found, employers are usually required to develop and implement corrective action plans within stipulated timeframes. Re-inspections may be conducted to verify that necessary improvements have been made. For serious violations or persistent non-compliance, enforcement actions may include citations, fines, and in severe cases, even shutdown orders.

Workplace accidents, injuries, illnesses, and near-misses must be reported promptly to the relevant authorities. The specific reporting timeframes may vary depending on the industry and the severity of the incident. Reports are typically directed to the Occupational Safety and Health agency or the relevant ministry for general workplaces. For the maritime sector, the RMI requires detailed casualty reporting following the procedures outlined in their Marine Notices.

Incident Reporting Details

Reports typically include the date, time, and location of the incident, a description of the event, details of injured workers (if applicable), and actions taken in response.

Incident Investigation

Thorough investigations are necessary to determine the root causes of workplace accidents and prevent similar occurrences. Employers typically hold primary responsibility for investigating workplace accidents. In severe cases, regulatory bodies may conduct their own investigations. The focus of these investigations includes fact-gathering through interviews, site inspections, and review of records, root cause analysis to identify underlying systemic failures or hazards, and recommendations for corrective actions to prevent future incidents.

Compensation Claims

The Marshall Islands has provisions for worker's compensation. The details of the system, including eligible injuries and benefits, may be outlined in specific legislation or regulations. Seafarers on RMI-flagged vessels are generally covered by employer-provided insurance, which may include compensation for injuries, illnesses, disability, and death. Workers or their representatives usually need to file claims with the relevant compensation insurance provider. Claims processes may involve submitting medical records, proof of employment, and other supporting documentation.

Recordkeeping and Duty of Care

Employers should meticulously record workplace accidents, investigations, and related documents. They also hold a fundamental duty of care to provide a safe workplace. Failure to uphold this duty can have legal implications in cases of workplace accidents.