Ensuring a safe and healthy workplace is a fundamental requirement for businesses operating in French Polynesia. The regulatory framework is designed to protect employees from occupational hazards and promote a culture of prevention. Employers have a legal and ethical responsibility to identify potential risks, implement control measures, and provide a secure environment for all personnel.
Compliance with local health and safety regulations is not only mandatory but also contributes to increased productivity, reduced absenteeism, and improved employee morale. Understanding the specific requirements applicable in French Polynesia is crucial for any company establishing or managing operations in the territory.
Health and Safety Laws and Regulatory Framework
Workplace health and safety in French Polynesia is primarily governed by provisions of the French Labour Code that have been extended to the territory, alongside specific local regulations adapted to the Polynesian context. These laws establish the general principles and specific obligations for employers and employees regarding risk prevention, working conditions, and health surveillance. The framework aims to ensure that workplaces meet minimum safety standards and that risks are systematically identified and managed.
Key aspects of the regulatory framework include:
- General Duty of Care: Employers have a broad obligation to take all necessary measures to ensure the safety and protect the physical and mental health of their employees.
- Risk Prevention Principles: The legislation promotes a hierarchy of prevention measures, prioritizing the elimination of risks, followed by collective protection measures, and finally individual protection measures.
- Specific Regulations: Detailed rules exist for various aspects of workplace safety, including the use of machinery, handling of hazardous substances, fire safety, electrical installations, and specific industry requirements.
Occupational Health and Safety Standards and Practices
Employers in French Polynesia are required to implement specific standards and practices to manage workplace risks effectively. A cornerstone of this is the systematic evaluation of professional risks and the implementation of preventive actions.
Risk Assessment
A mandatory requirement for all employers, regardless of size, is the evaluation of professional risks. This process involves identifying potential hazards in the workplace, analyzing the risks associated with these hazards, and evaluating the potential severity and likelihood of harm. The findings of this assessment must be formally documented in the Document Unique d'Évaluation des Risques Professionnels (DUERP). The DUERP must be updated regularly, at least annually, and whenever there is a significant change in working conditions, equipment, or processes.
Safety Committees (CSE)
For companies meeting certain employee thresholds (typically 11 employees or more), the establishment of a Comité Social et Économique (CSE) is mandatory. The CSE is a representative body that includes employee representatives and has significant responsibilities regarding health, safety, and working conditions. The CSE participates in the analysis of professional risks, investigates accidents and occupational diseases, proposes prevention measures, and is consulted on decisions affecting working conditions and safety.
Training Requirements
Employers are obligated to provide employees with adequate and sufficient training on health and safety. This includes:
- Initial training upon hiring.
- Training upon transfer to a new position or change in technique.
- Training related to new equipment or technology.
- Specific training for tasks involving particular risks (e.g., working at height, handling hazardous materials, operating specific machinery).
Training must be adapted to the specific risks of the job and the employee's level of experience.
Documentation Obligations
Employers must maintain various documents related to health and safety, including:
- The DUERP and its updates.
- Records of safety training provided to employees.
- Records of workplace accidents and occupational diseases.
- Results of workplace inspections and risk assessments.
- Maintenance records for safety-critical equipment.
Workplace Inspection Processes and Requirements
Workplaces in French Polynesia are subject to inspection by the Labour Inspectorate (Inspection du Travail). Labour inspectors are authorized to enter workplaces, examine records, interview employees and employers, and verify compliance with health and safety legislation.
Inspections can be routine or triggered by specific events such as a serious accident or employee complaint. Inspectors have the power to issue warnings, formal notices requiring corrective actions within a specified timeframe, and in cases of imminent danger, they can order the immediate cessation of work activities. Employers are required to cooperate fully with labour inspectors and provide access to all relevant information and areas of the workplace.
Workplace Accident Protocols and Reporting
In the event of a workplace accident or the diagnosis of an occupational disease, specific protocols must be followed, and reporting obligations met.
Immediate Actions
Following an accident, the employer must ensure that the injured employee receives immediate first aid and necessary medical attention. The accident site should be secured to prevent further incidents and preserve evidence for investigation.
Investigation
The employer must conduct an internal investigation to determine the causes of the accident and identify measures to prevent recurrence. The CSE, if applicable, must also be involved in the investigation of serious accidents.
Reporting
Workplace accidents resulting in a work stoppage or medical care must be reported to the relevant authorities.
| Authority | Requirement | Deadline |
|---|---|---|
| Caisse de Prévoyance Sociale (CPS) - Social Security | Declaration of Workplace Accident (Déclaration d'Accident du Travail) | Within 48 hours of becoming aware of the accident (excluding Sundays and public holidays). |
| Inspection du Travail - Labour Inspectorate | Notification of serious accidents or those with specific circumstances. | Immediately for serious accidents; specific requirements may apply based on severity. |
Occupational diseases must also be reported to the CPS once diagnosed and recognized.
Employer and Employee Responsibilities for Workplace Safety
Workplace safety is a shared responsibility, with distinct obligations for both employers and employees.
Employer Responsibilities
The employer bears the primary responsibility for ensuring a safe workplace. Key responsibilities include:
- Establishing and implementing a health and safety policy.
- Identifying and evaluating risks (DUERP).
- Implementing preventive measures and control systems.
- Providing necessary safety equipment (Personal Protective Equipment - PPE).
- Providing adequate safety training and information.
- Ensuring regular maintenance of equipment and premises.
- Monitoring working conditions and employee health.
- Investigating accidents and implementing corrective actions.
- Consulting with employee representatives on safety matters.
Employee Responsibilities
Employees also have a crucial role to play in maintaining a safe workplace. Their responsibilities include:
- Taking reasonable care for their own health and safety and that of others affected by their actions.
- Using machinery, equipment, dangerous substances, transport equipment, and other means of production correctly in accordance with training and instructions.
- Using provided PPE correctly.
- Reporting immediately to the employer or supervisor any work situation they have reasonable grounds to believe presents a serious and immediate danger.
- Reporting any defects in protection systems.
- Cooperating with the employer and other employees to enable compliance with safety requirements.
