Samoa's primary legislation dealing with health and safety is the Occupational Safety and Health Act 2002, supported by the Occupational Safety and Health Regulations 2017. These laws lay a foundation to protect workers' well-being.

Key Provisions of the Act

General Duties

Employers hold the primary responsibility to ensure the safety, health, and welfare of employees. They must provide a safe working environment. Employees have a duty to take reasonable care to protect their own and others' safety.

Specific Duties: Hazard Identification, Risk Management, and Control

Employers must systematically identify workplace hazards and assess risks to implement control measures. They must provide workers with information, instruction, and training on identified hazards and control measures. Employers must also provide and maintain suitable personal protective equipment (PPE) where necessary, and employees must use it correctly.

Workplace Conditions and Facilities

The Act and its regulations set standards for physical workplace conditions like temperature, ventilation, lighting, and sanitary facilities.

Specific Hazards

The Act and regulations address specific hazards, such as machinery and equipment safety, working at heights, confined spaces, electrical safety, and hazardous substances.

Incident Reporting, Investigations, and Recordkeeping

Employers must report serious workplace injuries or deaths and maintain relevant records as per the Act and Regulations.

Enforcement and Penalties

Appointed inspectors have powers to conduct workplace inspections, issue improvement notices, and take enforcement actions. The Act outlines fines and possible imprisonment for breaches of health and safety obligations.

The Ministry of Commerce, Industry and Labour is the primary government body responsible for administering and developing health and safety policy in Samoa.

Occupational health and safety is a crucial aspect of any workplace. It involves maintaining a safe and healthy environment for employees. This includes ensuring general safety, maintaining good ventilation and air quality, providing adequate lighting, controlling noise levels, and maintaining sanitation.

General Safety

Workplaces should be free from readily avoidable dangers. This includes safe floors, walkways, stairs, and adequate means of escape in emergencies.

Ventilation and Air Quality

Suitable ventilation is necessary for maintaining a comfortable working environment with clean air.

Lighting

Workplaces must have sufficient natural or artificial lighting for workers to perform their tasks safely.

Noise

Measures should be taken to mitigate excessive noise levels through engineering and administrative controls, or provide personal protective equipment as needed.

Sanitation

Clean toilets, washing facilities, and safe drinking water must be provided in workplaces.

Occupational Hazards and Risks

Machinery Safety

Machinery should be appropriately guarded, regularly maintained, and workers should receive training on safe operation.

Electrical Safety

Electrical installations should be designed, installed, and maintained by licensed electricians according to set standards. Safe use of electrical equipment should be ensured.

Hazardous Substances

Hazardous substances (e.g. chemicals) should be identified, labeled, and controlled. Safety data sheets (SDS) should be provided and workers should be trained on the safe use and handling.

Working at Heights

Fall prevention measures like guardrails and safety harnesses should be prioritized while working at heights.

Confined Spaces

Confined spaces should be identified, risk assessment should be conducted, development of safe work procedures, and the provision of specialized equipment and training, as necessary.

Occupational Health and Wellness

First Aid

First aid facilities should be provided, trained personnel should be available, and appropriate records should be maintained.

Workplace Health Surveillance

In cases of exposure to specific hazards, employers may be obligated to implement medical surveillance programs under the direction of health professionals.

Ergonomics

Employers are advised to reduce risks of musculoskeletal disorders through good workplace design and work practices.

Consultation, Participation, and Training

Health and Safety Committees

The establishment of health and safety committees in workplaces with 20 or more workers for effective consultation and collaboration is recommended.

Worker Training

Employers have an obligation to provide appropriate health and safety training to all workers. This includes information on hazards, risks, and control measures in their workplace.

Workplace inspections play a crucial role in maintaining occupational safety and health standards. They help identify potential hazards and risks, assess compliance with safety regulations, enforce legislation, and provide guidance to employers and employees on improving safety practices.

Workplace Inspectors

Workplace inspectors are appointed by the Minister responsible for labor. They have broad powers, including the right to enter workplaces without notice, examine equipment, materials, and processes, interview workers, request records, take samples or photographs, and issue improvement or prohibition notices.

Inspection Criteria

Workplace inspections generally focus on compliance with specific regulations, hazard identification and risk management, workplace facilities, incident records and investigations, and verification of worker safety training.

Frequency of Inspections

The frequency of workplace inspections is not strictly defined by law. However, inspections may be conducted based on risk assessments and inspection priorities, in response to complaints about unsafe conditions, or following serious incidents.

Follow-up Actions

If inspectors find non-critical breaches, they can issue improvement notices outlining required actions and deadlines for compliance. For serious risks, inspectors may issue prohibition notices immediately halting dangerous activities until rectified. Inspectors may also issue fines for minor violations. Employers repeatedly failing to comply with health and safety legislation may face prosecution in court.

Workplace accidents are a serious concern that require immediate attention. When an accident results in serious injury or death, employers are obligated to notify the Ministry of Commerce, Industry and Labour (MCIL) without delay. This includes instances of death, serious bodily injury, or serious illness.

Reporting Workplace Accidents

In addition to immediate reporting, employers are also required to maintain internal records of all work-related accidents, injuries, and illnesses, regardless of their severity. This record-keeping is crucial for future reference and for identifying patterns that could indicate a larger, systemic issue.

Investigation Processes

Investigations into workplace accidents are a key part of preventing future incidents. Employers have a responsibility to investigate accidents promptly in order to identify causes and prevent recurrence. The MCIL may also conduct investigations, particularly for serious accidents or those that raise concerns about systemic safety failures. The focus of these investigations is to establish the facts of the accident, identify underlying causes such as unsafe conditions, practices, or system failures, and recommend corrective and preventive actions.

Compensation Claims

In the event of a workplace accident, injured workers can lodge claims with the Accident Compensation Corporation (ACC), which manages Samoa's no-fault workers' compensation scheme. Claims can be made for medical treatment and rehabilitation costs, income replacement for time off work, lump sum compensation for permanent impairments, and support for dependents in case of fatal accidents.

The claim process typically involves the injured worker or their representative submitting a claim directly to the ACC, with certain time limits applying. Employers have an obligation to facilitate the claims process and may be required to provide information supporting the worker's claim.