The Labour Law (2021 Revision) serves as the primary foundation for workplace health and safety regulations in the Cayman Islands. It outlines the responsibilities of both employers and employees in creating a safe working environment. Other key legislation includes the Health Practice Act (2021 Revision), which governs the practice of healthcare professionals, and the Public Health Act (2021 Revision), which focuses on safeguarding public health.

Employers' Responsibilities

Under the Labour Law (2021 Revision), employers have several legal obligations. They must provide a safe working environment, conduct risk assessments, provide safety information and training, supply personal protective equipment (PPE), and report accidents and dangerous occurrences.

Employees' Responsibilities

Employees also share responsibilities for workplace health and safety. They must follow safety rules and procedures, use PPE correctly, report hazards and unsafe conditions, and cooperate in investigations.

Specific Areas of Regulation

Workplace Safety

The Labour Law (2021 Revision) addresses various elements of workplace safety, including first aid, fire safety, hazardous substances, and machinery and equipment safety.

Public Health

The Public Health Act (2021 Revision) establishes provisions to protect public health, including sanitation and hygiene, food safety, and disease prevention and control.

Enforcement and Penalties

Government agencies, including the Department of Labour and the Health Services Authority (HSA), are responsible for enforcing health and safety legislation in the Cayman Islands. These authorities can conduct inspections, issue improvement notices, and take legal action for serious violations, including potential fines and imprisonment.

Occupational Health and Safety (OHS) is a crucial aspect of any workplace, and it is no different in the Cayman Islands. The primary legislation guiding OHS in the Cayman Islands is the Labour Law (2021 Revision). This law outlines the responsibilities of employers to provide a safe workplace and the safety duties of employees.

Employer Responsibilities

Employers have a range of responsibilities to ensure a safe and healthy work environment. These include conducting risk assessments to identify and evaluate workplace hazards and implementing proactive controls. Employers must also provide safe working conditions, which includes appropriate machinery, tools, personal protective equipment (PPE), and a suitable work environment.

Developing, implementing, and enforcing safe work procedures for all tasks and activities is another key responsibility. Employers must provide workers with OHS training relevant to their job tasks and the identified hazards in their work area. They should also establish a system for reporting and investigating accidents and near-misses to identify root causes and prevent recurrence. Lastly, employers must have plans in place to respond to fires, accidents, or other emergencies.

Employee Responsibilities

Employees also have responsibilities to ensure their own safety and that of their colleagues. They must comply with all safety rules and instructions and wear and use provided personal protective equipment as required. Employees should report any unsafe conditions or incidents to their supervisor or manager and attend required health and safety training as provided by the employer.

Focus Areas in OHS

Certain areas require particular attention in OHS. These include construction safety, a high-risk industry in the Cayman Islands, with particular emphasis on fall prevention, electrical safety, and working at heights. Diving safety is also crucial, with regulations pertaining to commercial diving operations to ensure safe equipment and procedures. Fire prevention and emergency response are other key areas, with requirements for fire extinguishers, drills, and evacuation plans. Lastly, policies and procedures to prevent and address workplace violence incidents are essential.

By adhering to OHS standards and practices, employers in the Cayman Islands can protect their employees, reduce costs, and enhance their reputation by demonstrating a commitment to a safe and healthy work environment.

Workplace inspections are a vital component in maintaining the health and safety of employees in the Cayman Islands. These inspections are designed to identify and mitigate potential hazards, thereby reducing risks and fostering a safe work environment.

Inspection Procedures

Workplace inspections typically follow a set procedure. While unannounced inspections can occur under certain circumstances, inspectors usually provide notice to the employer in advance. The inspection process begins with an opening meeting where the inspector outlines the scope, focus, and process of the inspection. This is followed by a walkthrough inspection, where the inspector examines all areas of the workplace, focusing on potential hazards.

The inspector may also conduct interviews with employees and review safety records, policies, and procedures. After the inspection, the inspector summarizes their findings, discusses potential violations, and outlines any required corrective actions in a closing meeting. A detailed report documenting the findings and recommendations is produced after the inspection.

Inspection Criteria

Workplace inspections in the Cayman Islands cover a broad range of health and safety aspects. These include general workplace conditions such as housekeeping, lighting, ventilation, sanitation, and walkways. Emergency preparedness, machinery and equipment, hazardous materials, electrical systems, fall protection, ergonomics, and specific industry hazards are also inspected.

Inspection Frequency

The frequency of workplace inspections in the Cayman Islands can vary based on several factors. These include the industry and risk level, past inspection history, and any concerns or complaints. High-risk industries are subject to more frequent inspections, and workplaces with a history of violations or accidents may be inspected more often. Inspections may also be triggered by employee concerns or complaints.

Follow-Up Actions

Employers are legally obligated to correct identified health and safety violations within a specified timeframe. Follow-up inspections may be conducted to confirm that corrective actions have been implemented. The Department of Labour and Pensions may issue fines or penalties for non-compliance, and in severe cases, order work to cease.

Workplace accidents are a serious matter that require immediate attention and appropriate action. In the Cayman Islands, employers are legally obligated to report any accidents or dangerous incidents that occur in the workplace. This includes serious accidents and fatalities, which must be reported immediately to the Department of Labour and Pensions (DLP) by telephone, followed by a written report on the official Form LI1 within seven days. Less severe accidents must be recorded in the employer's accident book, which must be available for inspection by the DLP.

Investigation Processes

The Department of Labour and Pensions (DLP) is responsible for investigating serious workplace accidents and fatalities. The aim is to determine the cause and identify any potential safety breaches under the Labour Law. The DLP's Inspections Unit (OSH) may interview witnesses, examine equipment and work areas, and issue improvement or prohibition notices as necessary.

Employee Compensation Claims

The Workers' Compensation Law mandates that employers in the Cayman Islands must have insurance to cover compensation claims for work-related injuries or illnesses. Injured workers may be entitled to compensation for medical expenses, lost wages during recovery, and permanent disability benefits.

The claim process involves several steps:

1. Workers must notify the employer promptly of the workplace accident or illness.
2. The employer reports the injury to their insurance provider who manages the claim process.
3. The worker undergoes evaluation by a doctor to determine treatment and extent of disability.
4. The insurance provider determines if a claim is valid and calculates compensation amounts.

Additional Notes

Employees have the right to refuse unsafe work. There may be specific reporting and investigation protocols for particular industries (e.g., construction, maritime). It's advisable for injured employees to consult with an attorney specializing in workplace injury claims to guide them through the compensation process and protect their rights.