In Saint Lucia, the primary legislation governing health and safety is the Employees (Occupational Health and Safety) Act, found in Chapter 16.02 of the Revised Laws of Saint Lucia. This legislation establishes a comprehensive framework for safety and health.

Key Provisions of the Employees (Occupational Health and Safety) Act

General Duties of Employers

Employers have a duty to ensure the safety, health, and welfare at work for all employees as far as is reasonably practicable. They are also required to prepare and maintain a written statement of the general policy regarding safety and health at work. Furthermore, they have a duty to provide necessary information, instruction, training, and supervision to ensure the safety and health of employees at work.

General Duties of Employees

Employees have a duty to take reasonable care to protect their own safety and health and that of others affected by their actions at work. They also have a duty to cooperate with the employer in fulfilling any legal safety requirements.

Hazard Control

Employers have a duty to maintain the workplace, including plant and machinery, in a condition that is safe and without risk to health. They also have a duty to ensure safe use, handling, storage, and transport of articles and substances.

Personal Protective Equipment (PPE)

Employers have a duty to provide and maintain suitable and adequate PPE at no cost to employees.

Welfare Facilities

There are requirements for suitable and sufficient sanitary conveniences, washing facilities, and the provision of wholesome drinking water.

First Aid

Employers have a duty to provide readily accessible first-aid boxes or cupboards containing prescribed contents. There is also a requirement to have a trained first-aider on site for larger workplaces.

Notification and Reporting

Employers have a duty to report any accident arising out of or in connection with work that causes loss of life or disables an employee for more than three days. Doctors also have a duty to notify the Labour Commissioner of any case of occupational disease they come across.

Workplace Safety and Health Committees

Provisions exist for establishing workplace safety and health committees with representatives from both employers and employees.

Enforcement and Penalties

The Labour Commissioner and inspectors have the authority to ensure compliance with health and safety regulations. Provisions exist for enforcement notices, prohibition notices, penalties, and fines in cases of non-compliance with health and safety laws.

Additional Relevant Legislation

The Labour Act (Cap 16.04 of the Laws of Saint Lucia) contains additional provisions on health and safety. The National Health and Safety Policy provides a guiding framework that complements legislative requirements.

Occupational health and safety (OSH) is a multidisciplinary field concerned with the safety, health, and welfare of people at work. It involves creating organized efforts and procedures for identifying workplace hazards and reducing accidents and exposure to harmful situations and substances. It also includes training of personnel in accident prevention, accident response, emergency preparedness, and use of protective clothing and equipment.

Chemical Safety

Chemical safety in the workplace involves the correct identification, labeling, and availability of Safety Data Sheets (SDSs) for all chemicals used. Safe handling, storage, and disposal practices for chemicals are essential to prevent exposure, spills, and accidents. Employees handling chemicals must be trained in safe use and provided with the necessary personal protective equipment.

Workplace Ergonomics

Workplace ergonomics involves identifying tasks and workstations with ergonomic hazards that could lead to Musculoskeletal Disorders (MSDs). Workstations should be designed to fit the worker and adapted when necessary to minimize strain and awkward postures. Workers must be trained in safe lifting techniques, and equipment should be provided to assist with heavy loads.

Electrical Safety

Electrical safety in the workplace requires that electrical installations and equipment be installed and maintained by qualified personnel in accordance with electrical codes. Clear procedures must be in place for locking out and tagging out electrical equipment during maintenance or repairs. Appropriate personal protective equipment should be used when working with or near energized electrical equipment.

Fire Safety

Fire safety in the workplace involves having fire prevention plans, emergency evacuation procedures, and regular fire drills. Adequate and appropriate fire extinguishers must be accessible and maintained. Employees need training on fire prevention, how to use fire extinguishers, and evacuation procedures.

First Aid and Emergency Preparedness

First aid and emergency preparedness in the workplace involve having accessible first-aid kits and trained first-aid personnel. Plans must outline procedures for handling medical emergencies, including contacting emergency services and providing immediate care.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They are a proactive measure to identify potential hazards and non-compliance with occupational safety and health (OSH) regulations. Inspections also ensure that employers are adhering to their legal OSH duties, thereby protecting the safety and well-being of employees. Furthermore, the inspection process can increase workplace awareness of OSH requirements and best practices.

Workplace Inspection Procedures

Workplace inspections typically follow a set procedure:

1. Entry: Inspectors have the right to enter and examine any workplace at any reasonable time to perform their duties.
2. Document Review: Inspectors may request OSH-related documents like safety policies, risk assessments, accident records, training records, and maintenance logs.
3. Walkthrough Inspection: A detailed visual inspection of the workplace, including facilities, equipment, processes, and work practices.
4. Interviews: Inspectors may interview employers, supervisors, and employees to gather information and verify compliance.
5. Sampling and Testing: If deemed necessary, inspectors may take samples of substances or have equipment tested.
6. Closing Conference: The inspector will typically summarize their findings and discuss potential violations or areas for improvement with the employer.

Inspection Criteria

The criteria for inspections include:

• Compliance with the OSH Act and Regulations: Inspectors assess adherence to general safety provisions, hazard-specific requirements, and other relevant OSH standards.
• Risk Assessments: Evaluates whether employers have conducted thorough risk assessments and implemented appropriate control measures.
• Safe Work Procedures: Determines if safe work practices are in place and followed.
• PPE Provision and Use: Examines if appropriate personal protective equipment is provided, maintained, and used correctly.
• Employee Training: Verifies that necessary OSH training has been provided to employees.
• Accident Records and Investigations: Checks if accidents and incidents are properly reported, investigated, and corrective actions taken.

Inspection Frequency

The frequency of inspections varies based on sector, workplace size, hazard potential, and prior compliance history. Some workplaces may be subject to more frequent routine inspections, while others receive inspections in response to complaints or accidents.

Follow-up Actions

After an inspection, several follow-up actions may occur:

• Inspection Report: Inspectors typically generate a written report detailing observations, areas of non-compliance, and recommendations.
• Improvement Notice: For identified violations, an Improvement Notice may be issued, giving the employer a deadline to rectify the issue.
• Prohibition Notice: In cases of serious or imminent danger, a Prohibition Notice may be issued to immediately cease unsafe activities or shut down a hazardous zone until the risk is addressed.
• Legal Action: For severe or repeated violations, employers may face prosecution and penalties under the law.

Workplace accidents are a serious matter that require immediate attention and appropriate action. Employers are legally obligated to report certain types of accidents to the Labour Commissioner. Fatal accidents must be reported immediately, while disabling accidents, those resulting in an employee being unable to work for more than three consecutive days, must be reported within 72 hours. The reports are typically submitted using a prescribed form provided by the Department of Labour. It's also important for employers to maintain records of all work-related accidents and injuries, regardless of their severity.

Accident Investigation Process

Employers have a responsibility to investigate accidents promptly to determine the root causes and prevent recurrence. The investigation should focus on the sequence of events leading up to the accident, the direct and indirect causes of the accident, identification of any safety failures or violations, and recommendations for corrective actions to prevent similar incidents. Safety and health committees or employee representatives should be involved in the investigation process where applicable. Detailed records must be kept of the investigation findings, corrective measures taken, and any communication with relevant authorities.

Compensation Claims

The National Insurance Corporation (NIC) administers the Employment Injury Benefits Scheme, which provides compensation for work-related injuries and illnesses. Employees who suffer an injury or contract a disease arising out of and in the course of their employment are generally eligible. Available benefits may include medical expenses, temporary disability benefits, permanent disability benefits, and survivor benefits (in case of death). Employees should report the injury to their employer and file a claim with the NIC within a prescribed time frame.