The principal legislation governing health and safety in Kiribati workplaces is the Occupational Health and Safety Act 2015. This Act, along with its amendment in 2018, and other subsidiary regulations and guidance, set the foundation for promoting and maintaining a safe and healthy work environment.

Key Responsibilities

Employers in Kiribati have a primary duty of care under the Occupational Health and Safety Act 2015. Their specific obligations include ensuring the workplace, machinery, equipment, and systems of work are safe and without risk to health. They are also responsible for implementing measures for safe use, handling, storage, and transport of hazardous substances. Employers are required to carry out risk assessments and implement suitable control measures, provide and maintain appropriate personal protective equipment (PPE) at no cost to employees, and provide employees with information, instruction, training, and supervision to ensure their health and safety.

Employees also have responsibilities under the Act. They are expected to act responsibly to protect their own health and safety along with that of others, comply with any reasonable instructions and cooperate with the employer's efforts to fulfill health and safety requirements, correctly use any provided personal protective equipment, and report any workplace hazards or injuries to the employer.

Enforcement and Compliance

The Occupational Health and Safety (OSH) Unit within the Ministry of Employment and Human Resources Development is responsible for administering and enforcing the Occupational Health and Safety Act 2015. OSH Inspectors have broad powers for ensuring compliance, including entering workplaces without prior notice, undertaking examinations, and enquiring of relevant persons. They can issue improvement or prohibition notices to address hazards or breaches of the Act and are responsible for investigating workplace accidents and incidents.

Other Important Aspects

The Act encourages the appointment of workplace health and safety representatives and the establishment of health and safety committees to facilitate cooperation and address health and safety matters. Failure to comply with the Occupational Health and Safety Act 2015 can result in significant fines and even imprisonment in cases of serious offenses. However, like many developing nations, Kiribati likely faces challenges regarding widespread implementation and enforcement of health and safety legislation. Limited resources and competing priorities may hinder consistent oversight in all sectors.

Occupational health and safety (OHS) standards in Kiribati are primarily governed by the Occupational Health and Safety Act 2015. These standards cover a wide range of areas, from hazard identification and risk management to specific hazards and workplace environment.

Hazard Identification and Risk Management

Risk assessments are a key part of the Act, requiring employers to identify potential hazards and implement appropriate control measures. The hierarchy of controls, which includes elimination, substitution, engineering controls, administrative controls, and personal protective equipment (PPE), is expected to guide risk mitigation strategies.

Specific Hazards

The Act likely includes regulations for the safe handling, storage, labeling, and disposal of hazardous chemicals. Employers are also obligated to ensure machinery is safe and properly guarded, and that electrical hazards are addressed. Measures to prevent falls when working at height and procedures for safe entry and work within confined spaces are also likely regulated.

Workplace Environment

The Act likely includes standards for controlling excessive noise exposure, ensuring adequate ventilation, providing suitable lighting, and maintaining sanitation in the workplace.

Occupational Health

Employers are required to provide first-aid facilities and trained personnel. Depending on the industry, medical examinations may be required to monitor occupational health hazards. While not likely detailed in legislation, employers are expected to minimize ergonomic risks.

OHS Practices in Kiribati

Employers must provide OHS training to ensure workers understand hazards and safe work practices. Procedures for reporting and investigating accidents and illness are critical for identifying root causes and preventing recurrence. Records of incidents, training, risk assessments, etc., are likely required for compliance and monitoring purposes. The Act encourages the establishment of OHS committees to promote collaboration between employers and workers.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. They involve a thorough examination of the workplace to identify potential hazards and ensure compliance with safety standards. The main objectives of these inspections include assessing compliance with safety regulations, identifying potential hazards, providing education and guidance on safety practices, and enforcing safety regulations when necessary.

Inspection Procedures

Workplace inspectors have broad powers to carry out their duties effectively. These powers include the right to enter workplaces at any reasonable time without prior notice, inspect the workplace, equipment, substances, and relevant documents, question employers, employees, or anyone else present at the workplace, take samples of substances or materials for analysis, and request assistance from police or other necessary resources.

Inspection Criteria

The criteria for workplace inspections are comprehensive and cover a wide range of safety requirements. Inspectors check whether risk assessments have been conducted and appropriate controls implemented, the adequacy of measures for controlling specific hazards, whether equipment and machinery are properly maintained, verification of necessary safety training for workers, proper reporting procedures for workplace accidents and illnesses, and the presence of fire safety, evacuation, and first aid arrangements.

Inspection Frequency

The frequency of inspections can vary based on several factors. High-risk industries may require more frequent inspections, workplaces with a history of safety violations could be inspected more often, and complaints from workers might trigger targeted inspections.

Follow-Up Actions

If non-compliance or hazards are detected during an inspection, inspectors have the authority to issue improvement notices directing the employer to rectify issues within a specified timeframe, or prohibition notices ordering an immediate cessation of an activity or use of equipment if a serious risk is present.

Penalties

Non-compliance with safety regulations can result in penalties, including fines and even imprisonment, especially in cases of serious risk or harm.

Inspector's Recommendations

In addition to issuing formal notices, inspectors may also provide recommendations to employers for continuous improvement of safety practices.

Workplace inspections play a vital role in promoting a preventative health and safety culture in workplaces. They serve as both a deterrent against unsafe practices and a tool for improving compliance through education and awareness.

Workplace accidents are a serious matter and require immediate attention and reporting. There are specific incidents that must be reported, such as fatalities, serious injuries, and dangerous occurrences. Fatalities refer to any work-related death, while serious injuries are those that prevent an employee from performing their regular work for an extended period. Dangerous occurrences are incidents that could have resulted in serious injury, even if no one was harmed, such as equipment failure or a chemical spill.

Reporting Mechanisms

Employers have the responsibility to report these incidents to the appropriate authorities within a prescribed timeframe. They must also take measures to preserve the accident scene for investigation purposes, unless doing so risks further harm.

Investigation Processes

Employers are required to investigate accidents and incidents, particularly those resulting in serious injury. This involves gathering information, conducting a root cause analysis, and keeping detailed records of the investigation and corrective actions taken. In some cases, Occupational Health and Safety Inspectors may conduct investigations for serious incidents or where the employer's investigation is deemed inadequate.

Compensation Claims

Employees injured in the course of employment are generally eligible for compensation benefits. These benefits may include coverage for medical expenses, lost wages, and disability payments. Workers need to file a claim with a designated Workers' Compensation Board or similar body. Mechanisms may exist to resolve disputes about compensation claims.