Papua New Guinea

In Papua New Guinea, the primary laws governing health and safety are the Industrial Safety, Health and Welfare Act 1961 (ISHWA), the Industrial Safety, Health and Welfare Regulations 1965, and the Workers' Compensation Act 1978. The ISHWA provides a framework for regulating workplace safety, health, and welfare, while the regulations outline specific safety standards and procedures across various industries. The Workers' Compensation Act provides benefits and compensation to workers who are injured or contract illnesses on the job.

Employer Responsibilities

Employers in Papua New Guinea have a legal obligation to provide a safe workplace, consult with workers, and train and supervise workers. They must take reasonably practicable steps to ensure the workplace is safe and without risks to health. This includes providing safe machinery, systems of work, personal protective equipment (PPE), and information about hazards. Employers must also consult with workers and their representatives on matters affecting health and safety, and provide adequate safety training and supervision to employees.

Worker Rights

Workers in Papua New Guinea have the right to refuse unsafe work, participate in consultation, and receive workers' compensation. They can refuse to carry out tasks they believe have a serious risk to themselves or others. Workers also have the right to be involved in decisions that affect their safety and are entitled to compensation if they get injured or ill at work.

Key Provisions of ISWHA

The ISHWA covers broad areas, including health and safety duties, hazard identification and risk control, use and maintenance of machinery, first aid, provision of amenities, and reporting and investigation. Employers must identify hazards, assess risks, and implement control measures. They are also required to provide workers with appropriate toilets, washing facilities, and change rooms.

Enforcement

The Department of Labour and Industrial Relations is responsible for enforcing health and safety legislation in Papua New Guinea. They have the power to inspect workplaces, issue improvement and prohibition notices, and prosecute employers who fail to comply with health and safety laws.

Occupational health and safety (OSH) in Papua New Guinea is influenced by international best practices, such as those from the International Labour Organization (ILO). The country's laws emphasize a hierarchy of controls from the elimination of hazards to the provision of Personal Protective Equipment (PPE) as a last resort.

Hazard Prevention and Control

The Industrial Safety, Health, and Welfare Regulations 1965 have sections dedicated to the guarding of machinery, proper installation, and safe operation. Regulations may outline more detailed standards for industries like construction, mining, and manufacturing. The country also follows principles of chemical hazard identification, classification, risk assessment, and control measures, often in line with the Globally Harmonized System (GHS) for chemical labeling and safety data sheets.

Occupational Health Standards

The Workers Compensation Act 1978 outlines a list of prescribed occupational diseases for which employers are liable for compensation. Depending on the industry and hazards, employers may be required to conduct health surveillance of workers, such as hearing tests for noise exposure and medical examinations in hazardous industries. While no specific regulations exist, increasing awareness promotes the prevention of musculoskeletal injuries through risk assessments and better workplace design. Recognizing and addressing workplace psychosocial hazards is still an emerging area, but the general duty of care under the ISHWA implies employers should take reasonable measures to protect workers' mental well-being.

Occupational Health and Safety Practices

The practical implementation of OSH standards in Papua New Guinea faces challenges, but progress is being made. The fundamental process of identifying hazards, assessing risks, and implementing controls is mandated by the ISHWA. Larger workplaces may be required to establish safety and health committees with worker representatives for participation and collaboration in improving OSH. Building OSH awareness and skills is crucial. The Department of Labour and Industrial Relations, along with industry bodies and NGOs, conduct training programs on various aspects of safety and health. Employers must keep records of accidents, injuries, illnesses, and dangerous occurrences for analysis and prevention.

Areas for Improvement

Limited resources and capacity for inspection and enforcement of OSH regulations remain a challenge in Papua New Guinea. Developing a strong culture of safety at all levels of workplaces requires continuous effort and commitment from employers, workers, and the government. Extending OSH protections to workers in the vast informal economy and agricultural sectors is an ongoing challenge.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help identify potential hazards and non-compliance with safety standards, verify the effectiveness of control measures, educate and raise awareness about safety requirements, and deter unsafe practices.

Role of Inspectors

Inspectors are tasked with identifying potential safety and health hazards that could put workers at risk. This includes violations of safety regulations. They also assess if employers have implemented suitable controls to mitigate identified risks. Furthermore, inspections offer an opportunity to educate employers and workers about safety requirements and best practices.

Inspection Authority

The Department of Labour and Industrial Relations (DLIR) is the primary body responsible for conducting safety inspections. They have authorized inspectors with powers granted under safety regulations.

Inspection Criteria

Inspections often follow a structured approach, covering key safety areas such as general workplace conditions, machinery and equipment, hazardous substances, work processes and procedures, ergonomics and physical hazards, welfare facilities, and record-keeping.

Inspection Frequency

The frequency of inspections is not fixed and can be influenced by factors such as the industry risk profile, the company's safety record, and resource constraints within the DLIR.

Inspection Procedures

Inspectors have the right of entry to workplaces at reasonable times and can conduct examinations, tests, and inquiries as required. They will typically inform and engage management and workers or their representatives during the inspection. Following the inspection, a report outlines findings and may include enforcement actions such as improvement notices, prohibition notices, and prosecution for serious breaches or non-compliance.

Importance of Follow-Up

Employers must take notices seriously and address identified issues promptly. The DLIR may conduct follow-up inspections to verify compliance and ensure worker safety.

Workplace accidents are a serious matter that require immediate attention. Employers are legally obligated to notify the Department of Labour and Industrial Relations (DLIR) of specific types of accidents and incidents. These include fatal accidents, serious injuries or illnesses, and dangerous occurrences. Notification must be made as soon as possible, with further written details submitted within a prescribed timeframe. Employers must also maintain records of all workplace accidents and injuries, regardless of severity, for internal analysis and prevention.

Investigation of Workplace Accidents

Employers have a primary responsibility to investigate accidents and determine root causes to prevent recurrence. The DLIR may also investigate serious accidents, particularly if there's suspicion of severe breaches. Investigations aim to understand the sequence of events leading to the incident, identify underlying causes and contributing factors, determine if any breaches of safety legislation occurred, and recommend corrective actions to prevent similar incidents.

Compensation for Workplace Injuries

The Workers Compensation Act provides a system of no-fault compensation for workers injured or who contract a disease due to their employment. All workers under a 'contract of service' are typically covered, with some exceptions. Types of compensation include medical expenses, weekly payments for lost wages during incapacity, lump sum payments for permanent impairment, and death benefits for dependents in case of fatal accidents. The claim process involves workers notifying their employer of the injury/illness, employers submitting the claim to their Workers' Compensation insurer, and the insurer assessing the claim and facilitating payments and rehabilitation support.

Key Points to Remember

Prompt reporting aids investigation and the worker's ability to access compensation. Investigating accidents isn't about blame but about learning and improving safety systems. Injured workers should be aware of their rights and the claim process.