The Palestinian legal system has a framework for health and safety in the workplace, established through a combination of laws, ministerial decisions, and council of ministers acts.

Core Legislation

The foundation for worker protections, including health and safety, is the Palestinian Labor Law No. 7 of 2000 (Law No. 7/2000). Articles 90, 91, and 92 of this law empower the Cabinet to issue specific regulations on these matters.

Supplementary Regulations

Building upon Law No. 7/2000, various ministerial decisions and Council of Ministers Acts provide detailed guidelines on health and safety standards and procedures. These address specific hazards and working conditions in different sectors like construction, chemicals, and gas & petroleum. Notably, Ministerial Decisions No. 15, 17, and 21 of 2003 specifically focus on health conditions within workplaces.

The Law by Decree No. 3 of the Year 2019 strengthens internal controls by mandating the establishment of Health and Safety Committees and Supervisors in workplaces. This aims to improve compliance with health and safety regulations and reduce work-related illnesses.

Enforcement Mechanisms

The Palestinian Ministry of Labor is entrusted with the responsibility of enforcing health and safety regulations. Article 135 of Law No. 7/2000 prescribes penalties for obstructing the work of labor inspectors.

Key Considerations

The legal framework for health and safety in Palestine is still evolving. The recent Law No. 3/2019 reflects a growing focus on strengthening worker protections. However, challenges persist in ensuring consistent implementation and enforcement of health and safety regulations across all workplaces. Palestinian health and safety regulations are informed by international best practices and guidelines set by organizations like the World Health Organization (WHO).

In Palestine, occupational health and safety (OHS) is promoted through a set of established standards and practices. These are outlined in the legal framework of the country.

Legal Mandates

Palestinian Labor Law No. 7 of 2000 guarantees workers' rights to a safe and healthy work environment. It empowers the Cabinet to issue regulations on OHS matters. Ministerial Decisions and Council of Ministers Acts establish specific OHS standards for different industries and hazards. They cover aspects like safe work conditions and health standards within workplaces, exposure limits for chemicals, noise, and radiation, and safety precautions for construction sites.

Key Resources

The Occupational Health and Safety Manual (OHSM), developed by the Palestinian Ministry of Health, provides a comprehensive guide for employers and workers on OHS practices. It incorporates international best practices and adapts them to the Palestinian context.

Recommended Practices

Palestinian OHS standards encourage a proactive approach to worker safety. Recommended practices include risk assessments and hazard identification, provision and proper use of Personal Protective Equipment (PPE), safety training and awareness programs, and establishing procedures for reporting and investigating work-related accidents and illnesses.

Challenges and Ongoing Developments

Despite these established standards and practices, challenges persist in ensuring a consistently safe working environment for all Palestinian workers. These include limited resources and capacity for enforcement, an informal sector with workplaces potentially overlooking OHS protocols, and a need for increased worker awareness and participation in safety initiatives. The Palestinian government is working to address these challenges. The recent Law No. 3/2019 mandating OHS committees and supervisors is a step towards strengthening enforcement. Ongoing collaborations with international organizations can provide valuable resources and expertise for further developing a robust OHS system in Palestine.

Workplace inspections are a crucial part of maintaining safety standards in Palestine, led by the Labor Inspection Department of the Palestinian Ministry of Labor. The goal is to identify and address potential hazards within workplaces.

Inspection Procedures

Workplace inspections in Palestine follow procedures outlined in the legal framework. Labor inspectors carry official identification and are authorized to enter workplaces during working hours. The scope of the inspection includes assessing compliance with various occupational health and safety regulations, such as Ministerial Decisions and Council of Ministers Acts defining specific industry standards. The inspection process involves a visual walkthrough to identify potential hazards and unsafe work practices, reviewing workplace documentation related to safety policies, risk assessments, and accident records, and interviewing employers and workers to assess their understanding of safety protocols.

Inspection Criteria

Workplace inspections focus on ensuring compliance with safety regulations. Key areas inspectors scrutinize include workplace conditions, machinery and equipment, availability and use of Personal Protective Equipment (PPE), and record-keeping practices.

Frequency and Follow-up Actions

The frequency of workplace inspections can vary depending on the industry and perceived risk level. Inspections are prioritized for high-risk industries like construction and manufacturing, workplaces with a history of safety violations or accidents, and sites receiving complaints from workers or their representatives.

After an inspection, the Labor Inspection Department may take various actions based on their findings, such as issuing warnings for minor violations, imposing fines for more serious non-compliance, ordering a temporary or permanent halt to operations in cases of imminent danger to worker safety, or referring complex violations or accidents to other relevant authorities for further investigation.

The Labor Inspection Department also provides guidance and technical assistance to workplaces on improving safety compliance and adopting best practices, and conducts workshops and awareness campaigns to educate employers and workers about their rights and responsibilities regarding workplace safety.

Workplace accidents in Palestine are governed by specific protocols and procedures. These are designed to ensure that accidents are properly reported, investigated, and that injured workers receive potential compensation.

Reporting Requirements

The reporting of workplace accidents is a crucial step in ensuring proper investigation and worker well-being.

Employer Responsibilities: Employers are required by Palestinian Labor Law No. 7 of 2000, Article 93, to report any work-related accident to the nearest Labor Inspection Department immediately. The report should detail the nature of the accident, cause, and any injuries sustained by the worker.

Worker Responsibilities:
Workers are encouraged to report accidents directly to their supervisors or safety representatives.

Medical Reporting:
If the accident results in injury, the employer should arrange for prompt medical attention for the worker. Medical facilities are also obligated to report work-related injuries to the Ministry of Health.

Investigation Processes

After the initial report, the Labor Inspection Department begins an investigation process:

Site Visit:
Inspectors visit the accident site to gather evidence, reconstruct the events, and identify potential causes.

Witness Interviews:
Statements from the injured worker, co-workers, and any relevant witnesses are recorded.

Documentation Review:
Accident reports, safety records, and workplace risk assessments are examined to determine compliance with OHS regulations.

The department may take various actions based on the investigation's findings:

Issuing corrective orders:
If non-compliance with OHS regulations contributed to the accident, the department may issue orders for corrective measures to prevent similar incidents.

Recommending penalties:
Serious violations or negligence by the employer might lead to recommendations for fines or other penalties.

Referral to judicial authorities:
In cases involving criminal negligence or fatalities, the department may refer the case to the judicial system for further investigation and potential prosecution.

Compensation Claims

Workers injured in work-related accidents may be entitled to compensation under Palestinian social security regulations.

Social Security Insurance:
Workers registered under the social security scheme are eligible for medical benefits and temporary disability payments to cover lost wages during recovery. The specific duration and amount of compensation depend on the severity of the injury.

Permanent Disability:
For permanent disabilities sustained due to a workplace accident, workers might be eligible for permanent disability benefits under social security regulations.

Legal Action:
Workers can potentially pursue legal action against their employer through the Palestinian court system if the accident resulted from employer negligence or violation of safety regulations. However, navigating the legal system can be complex, and it's recommended to seek legal counsel for such cases.