The Falkland Islands prioritize workplace health and safety, with a regulatory framework modeled on UK legislation. This ensures robustness and alignment with international best practices.

Core Legislation

The foundational law establishing employer and employee duties regarding workplace health and safety is the Health and Safety at Work etc. Ordinance 1997. The Management of Health and Safety at Work Regulations 2000 expand on the Ordinance, providing requirements on risk assessments, safety procedures, and training. The Work Equipment and Machinery Regulations 2000 focus specifically on the safe use and maintenance of work equipment, while the Construction (Health and Safety) Regulations 2000 cover the unique hazards and safety measures required in the construction sector.

Key Principles

The Falkland Islands' health and safety laws are built on core principles such as employer responsibility, employee participation, a risk-based approach, and cooperation and communication. Employers hold primary responsibility for ensuring a healthy and safe workplace, which includes conducting risk assessments, implementing control measures, providing information and training, and maintaining safe systems of work. Employees have the right and responsibility to participate in health and safety matters, raising concerns and contributing to risk management.

Specific Requirements

The Falkland Islands law outlines specific requirements for managing various workplace risks. These include addressing physical hazards (e.g., noise, slips/trips), chemical hazards (e.g., hazardous substances), biological hazards (e.g., exposure to pathogens), and ergonomic hazards (e.g., musculoskeletal disorders). Employers must also take steps to prevent and address workplace violence and harassment. Where risks cannot be eliminated, employers must provide appropriate Personal Protective Equipment (PPE) and ensure its use. Workplaces must have sufficient first aid provisions and clear plans for emergencies. Employers are legally obliged to report serious accidents, injuries, and dangerous occurrences to the relevant authorities.

Enforcement and Compliance

Government bodies may conduct workplace inspections and investigate breaches of health and safety laws. Employers found non-compliant may face significant fines or even prosecution in severe cases.

The Falkland Islands emphasizes high standards in workplace health and safety. The primary legislation that governs occupational health and safety (OHS) practices includes the Health and Safety at Work etc. Act 1974 (UK) and various Falkland Islands Ordinances and Regulations. These cover specific industries and hazards.

Key Responsibilities

Employers and employees within the Falkland Islands have specific duties defined by law to maintain a safe and healthy work environment.

Employers' Responsibilities

Employers are responsible for developing and enforcing comprehensive OHS policies and procedures tailored to their businesses. They are also tasked with conducting regular, thorough risk assessments to identify and mitigate potential hazards. Employers must provide employees with necessary training about workplace hazards, safe practices, and emergency procedures. They are also responsible for supplying personal protective equipment (PPE) and other safety equipment and maintaining them in suitable condition. Employers must document all accidents, injuries, and near-misses, and report serious incidents to appropriate authorities.

Employees' Responsibilities

Employees are required to adhere to established safety protocols and use PPE as required. They must exercise reasonable care for their own safety and the safety of colleagues. Employees are also expected to participate in workplace health and safety initiatives and risk assessments. They must promptly bring any potential hazards, accidents, or near-misses to the employer's attention.

Key Focus Areas of OHS Practices

Falkland Islands' occupational health and safety practices place particular emphasis on hazard identification and control, emergency preparedness, workplace inspections and monitoring, employee consultation and participation, and industry-specific standards.

Support and Enforcement

The Health and Safety team within the Falkland Islands Government provides guidance and support to both employers and employees. They also have enforcement powers to ensure compliance with legal regulations. Several companies in the Falkland Islands offer professional health and safety consulting services.

Workplace inspections play a vital role in maintaining a safe and healthy work environment in the Falkland Islands (Malvinas). They help in identifying potential hazards, ensuring regulatory compliance, assessing and mitigating risks, and providing a mechanism for continuous improvement of health and safety practices.

Inspection Procedures

Workplace inspections generally involve planning, walkthrough, documentation, and communication and reporting. The planning phase includes determining the scope and objectives of the inspection, identifying relevant regulations, assembling an inspection team, and gathering necessary equipment. The walkthrough phase involves a systematic examination of the workplace, including work areas, machinery, storage areas for hazardous materials, and emergency exits. Documentation involves recording detailed observations, while communication and reporting involve discussing findings with workplace management and preparing a formal inspection report.

Inspection Criteria

Inspections focus on various aspects, with assessment criteria derived from relevant regulations. Key areas of focus may include fire safety, electrical safety, physical hazards, machinery and equipment, hazardous substances, ergonomics, emergency preparedness, and personal protective equipment (PPE).

Inspection Frequency

The frequency of inspections may vary depending on the nature of the work, workplace conditions, and regulatory requirements. High-risk industries may need more frequent inspections, and workplaces with a history of accidents might require more attention.

Follow-up Actions

After the inspection, the employer is responsible for addressing identified hazards and non-compliances within a reasonable timeframe. Depending on the severity of findings, a re-inspection may be necessary to verify that corrective actions have been implemented. Authorities may take enforcement actions, including issuing improvement notices or fines, if there is a failure to comply with health and safety regulations.

In the Falkland Islands (Malvinas), employers are required to immediately notify the Health and Safety Executive (HSE) in cases of fatalities, major injuries, or over-seven-day incapacitations. A formal written report must be submitted to the HSE within 10 days of the reportable incident.

Reporting Requirements

• Immediate Notification: This includes cases of fatalities, major injuries, and over-seven-day incapacitations.
• Written Report: A formal report must be submitted to the HSE within 10 days of the incident.

The employer is primarily responsible for investigating workplace accidents to determine the root cause and implement corrective measures to prevent recurrence. The HSE may conduct its own investigations, particularly in cases of serious accidents.

Investigation Processes

• Employer's Responsibility: The employer is responsible for investigating workplace accidents.
• HSE Involvement: The HSE may conduct its own investigations in cases of serious accidents.

The focus of the investigation should be on the immediate causes, underlying causes, and corrective actions needed to prevent similar accidents in the future.

Investigation Focus

• Immediate Causes: What events directly led to the accident?
• Underlying Causes: Were there any failures in systems, procedures, training, or supervision that contributed to the accident?
• Corrective Actions: What changes are needed to prevent similar accidents in the future?

Employees injured in workplace accidents may be entitled to compensation for lost wages, medical expenses, and other related costs. In cases where employer negligence contributed to the accident, employees may also pursue civil claims for additional damages.

Compensation Claims

• Workers' Compensation: Employees injured in workplace accidents may be entitled to compensation.
• Negligence Claims: Employees may pursue civil claims for additional damages in cases of employer negligence.

Employers must maintain accurate records of all workplace accidents and injuries, regardless of whether they are reportable. Employees and their representatives have a right to participate in accident investigations and the development of corrective actions.

Additional Considerations

• Record Keeping: Employers must maintain accurate records of all workplace accidents and injuries.
• Employee Involvement: Employees have a right to participate in accident investigations and the development of corrective actions.