The Occupational Safety and Health Act (Act No. 09/2023) is a comprehensive legislation that sets the foundation for workplace health and safety in the Maldives. It addresses key areas such as employer and employee responsibilities, risk assessment, and hazard prevention.

The Employment Act (Law No. 2/2008) contains provisions related to working hours, conditions, discrimination, child labor, and worker rights. This Act complements the Occupational Safety and Health Act by ensuring fair working practices, which impacts worker wellbeing.

The Public Health Protection Act (Law No 7/2012) focuses on the prevention and control of communicable diseases, food safety, environmental health, and public health emergencies. This legislation has indirect implications for workplace health and safety.

Regulations Focused on Specific Industries

The Regulation on Safety & Security Standards at Tourist Establishments (2020/R-27) is issued by the Ministry of Tourism. This regulation outlines specific safety and security protocols for hotels, resorts, and guesthouses. Areas covered include fire safety, emergency procedures, first aid, and security measures.

The Regulation on Construction Safety Standards (2019) mandates safety practices for construction sites. It aims to reduce common construction-related hazards and protect workers in this sector.

Regulatory Bodies

The Ministry of Economic Development holds primary responsibility for the enforcement and implementation of the Occupational Safety and Health Act. The Labor Relations Authority oversees employment conditions and ensures compliance with the Employment Act. They play a role in resolving labor disputes and promoting a healthy working environment. The Health Protection Agency enforces provisions of the Public Health Protection Act. It conducts inspections and investigates public health hazards, including those potentially impacting workplaces. The Ministry of Tourism regulates the tourism sector and enforces safety standards within tourist establishments.

Important Considerations

Employers are legally obligated to conduct thorough risk assessments for their workplaces and take action to address identified hazards. It is the employer's responsibility to ensure workers are aware of hazards, safety procedures, and their rights under the law. The Occupational Safety and Health Act mandates the reporting of workplace accidents and illnesses, which is crucial for tracking trends and improving preventative measures. Violation of health and safety laws can result in fines and other penalties.

Occupational health and safety (OHS) is a crucial aspect of any workplace. It involves identifying hazards and implementing control measures, establishing and enforcing safe work procedures, providing suitable personal protective equipment (PPE), and ensuring emergency preparedness.

Hazard Identification and Control

Employers are required to identify hazards in the workplace and implement control measures. This is in line with the globally recognized hierarchy of controls, which includes elimination, substitution, engineering controls, administrative controls, and PPE.

Safe Work Procedures

Safe work procedures must be established and enforced for all tasks. These procedures should be clearly communicated to workers and displayed where appropriate.

Provision of PPE

In situations where hazards cannot be eliminated, employers must provide suitable PPE and ensure its proper use and maintenance.

Emergency Preparedness

Workplaces must develop emergency plans and conduct regular drills. This includes ensuring fire safety equipment, first-aid provisions, and clearly marked evacuation routes.

Industry-Specific Standards

Tourism

In the tourism industry, guest safety is a paramount concern. Specific guidelines exist for the safety of water-based activities like diving and snorkeling. Tourist establishments must also adhere to strict food hygiene standards.

Construction

In the construction industry, fall prevention measures are crucial. This includes the use of guardrails, scaffolding, and safety harnesses. Specific training and safety equipment are mandatory for workers operating at heights. Precautions must also be in place for electrical work to prevent electrocution hazards.

Occupational Health Considerations

Occupational health concerns in various workplaces include protection from noise, vibration, extreme temperatures, and hazardous substances. Prevention of musculoskeletal disorders due to repetitive tasks or poor ergonomics is also an area of focus. The importance of addressing workplace stress and promoting psychological well-being is also recognized.

Challenges and Areas of Improvement

Challenges exist with the implementation and enforcement of OHS standards, particularly due to limited resources and a lack of specialized OHS professionals. The absence of a centralized injury surveillance system makes it difficult to track and analyze workplace accidents and illnesses, hindering targeted prevention efforts. A significant portion of the workforce is in the informal sector, where OHS regulations are often more difficult to implement.

Workplace inspections play a crucial role in verifying compliance, identifying hazards, and promoting awareness and education about safety best practices. They are a central tool in ensuring workplaces adhere to various regulations and standards.

Role of Different Inspection Bodies

The Labour Relations Section of the Ministry of Economic Development is the primary authority for workplace inspections under the Occupational Safety and Health Act. However, sector-specific agencies may conduct inspections for their industries. For instance, the Ministry of Tourism enforces standards within tourist establishments, while the Health Protection Agency may be involved with public health considerations in workplaces.

Inspection Procedures

The inspection process involves several steps. Initially, inspectors review relevant legislation and standards, past inspection records of the workplace, and may gather industry-specific resources. The inspection begins with an explanation of the process, purpose, and the inspector's legal authority. This is followed by a systematic walkthrough, where inspectors observe conditions, identify hazards, and potentially talk to workers. Inspectors carefully note observations, may take photographs or measurements, and review workplace records. The inspection concludes with a discussion of findings with the employer, providing initial recommendations, and outlining the process for formal inspection reports.

Criteria for Inspection

The criteria for inspection include workplace conditions such as cleanliness, equipment maintenance, emergency exits, lighting, and ventilation. Inspectors also check for compliance with regulations and assess whether hazard control measures are adequate. The presence of documented procedures, training records, risk assessments, and incident reporting systems are also evaluated.

Frequency of Inspections

The frequency of inspections is not prescribed by the Occupational Safety and Health Act. It may be determined by factors such as the size and risk level of the workplace, past inspection records, and worker complaints or reported incidents.

Follow-Up Actions After Inspection

After the inspection, inspectors issue a formal report detailing findings and any regulatory violations. Orders may be given with deadlines for correcting unsafe conditions or practices. Follow-up inspections may be conducted to verify if corrective actions have been taken. Penalties for non-compliance, which could include fines or, in severe cases, business closure, are outlined by the Occupational Safety and Health Act.

Workplace accidents are a serious concern that need to be addressed promptly and effectively. The Occupational Safety and Health Act mandates the reporting of such incidents, with the timeframe for reporting varying depending on the severity of the incident. Serious injuries and fatalities must be reported to the Ministry of Economic Development immediately, while injuries requiring medical attention should be reported within a reasonable time. Employers are primarily responsible for reporting incidents and maintaining accurate accident records. Reporting can be done via phone, in person, or through designated online systems.

Accident Investigation

The aim of an investigation is to determine the root causes of the accident and prevent similar occurrences in the future. Depending on the severity, investigations may be conducted by employers, the Ministry of Economic Development, or other sector-specific regulators or law enforcement. The investigation process includes securing the scene to preserve evidence and prevent further harm, gathering information through witness interviews, record reviews, photographs, and site inspections, analyzing the data to identify root causes and contributing factors, and finally, detailing the investigation findings and steps to prevent reoccurrence in a report.

Compensation Claims

The Employment Act outlines general entitlements and rights of employees injured or made ill due to work, providing a basis for compensation. The Occupational Safety and Health Act makes it mandatory for employers to secure workers' compensation insurance. This insurance covers medical expenses, lost wages, and disability benefits for workers who suffer work-related injuries or illnesses. The claim process involves seeking prompt medical care and documenting injuries, notifying the employer about the injury, and submitting a claim to the insurance provider with supporting documentation.

Challenges and Improvement Areas

Processing of compensation claims can sometimes be slow, causing financial hardship for injured workers. Investigations, while essential, sometimes lack the depth needed to pinpoint systemic issues and prevent future accidents. Additionally, fears of reprisal or lack of awareness may contribute to the underreporting of workplace accidents and illnesses.