Jamaica's approach to health and safety is a blend of older legislation that focuses on specific sectors and a more recent, comprehensive law that addresses occupational safety and health (OSH) more broadly. The key laws include The Occupational Safety and Health Act (2017) and The Factories Act (1943).

The Occupational Safety and Health Act (2017)

This is the primary framework that addresses the duties of employers and employees, identification of workplace hazards, accident reporting, and the establishment of safety committees.

Key Provisions

Employers are required to provide a safe and healthy workplace, ensure machinery and equipment are safe, provide information, instruction, and training to workers on hazards and safety protocols, and develop and implement emergency procedures.

Employees, on the other hand, are expected to take reasonable care to protect themselves and others, cooperate with employers on safety matters, and report unsafe conditions.

Employers must also identify and assess workplace hazards and establish and implement measures to control or eliminate these hazards. Risk assessments are required for specific hazardous processes and workplaces. Workplaces with 20 or more employees must establish joint safety and health committees.

The Factories Act (1943)

Despite being an older Act, it remains relevant and covers traditional factory work environments.

Key Provisions

The Act stipulates that factories must be kept clean and adequately ventilated. It addresses overcrowding prevention, requires safe construction and maintenance of machinery, and mandates that dangerous machinery parts must be securely fenced. It also outlines fire precautions and escape routes and requires the provision of first aid facilities.

Other Relevant Legislation

The Public Health Act (1974) addresses public health concerns, including sanitation, food safety, and disease control, with workplace implications. The Minimum Wage Act (2011), although not focused on OSH, has provisions that can impact workers' health and well-being. Specific regulations exist under various laws, providing more detailed requirements in areas like hazardous substances, noise, and construction safety.

Enforcement and Compliance

The Ministry of Labour and Social Security is responsible for OSH enforcement. OSH Inspectors conduct inspections, investigate accidents, and issue improvement notices or prohibition orders where necessary. The OSH Act sets out penalties for violations, including fines and imprisonment.

Important Notes

This overview is not exhaustive. Employers and employees are responsible for understanding the full scope of relevant laws and regulations. Jamaica is a member of the International Labour Organization (ILO) and has ratified several key OSH conventions. OSH law is continuously evolving in Jamaica, and it's essential to stay updated on any changes or new regulations.

Occupational safety and health (OSH) standards in Jamaica are derived from a combination of national legislation, regulations, and international best practices. The central OSH legislation is the Occupational Safety and Health Act (2017), which sets out fundamental standards for workplace safety and health. Other key standards come from the Factories Act (1943), which provides specific standards for factory settings, and various regulations that detail safety requirements related to specific hazards or industries. Jamaica has also ratified several International Labour Organization (ILO) conventions on OSH, which influence national standards.

Hazard Identification and Risk Assessment

Employers are obligated to identify and assess workplace hazards, as outlined in the Occupational Safety and Health Act (2017). Risk assessments help determine the level of risk associated with hazards and the necessary control measures.

Control Measures

Jamaican OSH practices prioritize the elimination of hazards where possible. When elimination is impractical, the hierarchy of controls guides mitigation efforts. This hierarchy includes substitution, engineering controls, administrative controls, and personal protective equipment (PPE).

Safety Training and Education

Employers must provide workers with adequate safety training and information, including hazard awareness, safe work procedures, and emergency response. The OSH Act (2017) emphasizes worker participation in safety programs, including through safety committees.

Incident Reporting and Investigation

Employers are obligated to report serious accidents, injuries, and dangerous occurrences. Incident investigations help identify root causes and implement corrective measures to prevent recurrence.

Occupational Health Surveillance

Medical surveillance is a proactive strategy in identifying early signs of work-related illness. The extent of health surveillance may vary depending on the nature of workplace hazards, with specific requirements for certain industries.

Workplace inspections play a crucial role in ensuring compliance with relevant regulations, identifying and assessing workplace hazards, and providing guidance and education on safety standards. These inspections are carried out by Occupational Safety and Health Inspectors from the Occupational Safety and Health Department (OSHD).

The Inspection Process

The inspection process involves several steps. Firstly, the OSHD develops inspection plans, which may include both routine and targeted inspections based on risk assessment and complaint investigations. Inspectors have broad powers of entry and can examine workplaces, equipment, materials, and processes. They may take samples, interview workers, and consult documents. After the inspection, inspectors discuss their findings with employers, providing guidance on necessary corrective actions.

Inspection Criteria

Inspections focus on compliance with safety legislation and regulations. Key criteria may include hazard identification and control measures, machine guarding and safety, fire prevention and emergency preparedness, provision of protective equipment, chemical safety and hazardous substances, sanitation and hygiene, workplace layout and ergonomics, and record-keeping and reporting.

Inspection Frequency

Routine inspections are conducted at workplaces, with the frequency varying based on risk assessments and available resources. Targeted inspections may occur due to complaints or reports of unsafe conditions, high-risk industries or workplaces, or follow-ups after previous enforcement actions.

Follow-up Actions and Enforcement

Employers are generally encouraged to address issues voluntarily within agreed timeframes. However, if non-compliance is found, inspectors may issue improvement notices requiring employers to address these within a specified timeframe. In cases where serious risks exist, prohibition notices may be used to stop dangerous activities or shut down operations. Penalties for violations, including fines and imprisonment for serious offenses, are outlined in the relevant safety legislation.

Workplace accidents are serious incidents that need to be reported promptly. The employer, occupier, or manager of the workplace is typically responsible for reporting these accidents.

Reporting Workplace Accidents

Fatal accidents must be reported immediately to the nearest Occupational Safety and Health Department (OSHD) office or police station. A written report must follow within 24 hours. Serious accidents, which result in loss of working time for two or more days, must be reported in writing to the OSHD within 7 days.

Investigation Processes

The Occupational Safety and Health Department (OSHD) within the Ministry of Labour and Social Security is the primary authority for investigating workplace accidents. OSHD officers may visit the workplace, take photos, collect evidence, and interview witnesses. Employers have an obligation to cooperate with the investigation and provide relevant information. The OSHD will issue a report outlining the causes of the accident and recommendations for preventing similar incidents. Enforcement actions may be taken if violations are found.

Compensation Claims

The National Insurance Scheme (NIS) provides no-fault compensation for eligible workers who suffer workplace injuries or illnesses. Benefits include medical expenses, disability benefits, and survivor's benefits. Injured workers or their families may also file civil lawsuits against employers for negligence, especially if the injury is severe or the employer's actions were particularly reckless.