French Polynesia, an overseas collectivity of France, follows a combination of French metropolitan law and Polynesian regulations for health and safety. The French Labor Code forms the foundation for health and safety standards throughout France and its overseas territories, including French Polynesia. It includes key provisions such as employer responsibility for ensuring worker safety, worker rights to information and consultation on safety matters, prevention of occupational hazards and risks, and provision of personal protective equipment. The Polynesian Labor Code complements the French Labor Code, providing territory-specific regulations tailored to local conditions.

Regulatory Bodies

The Labor Inspectorate has the primary responsibility for enforcing health and safety regulations in French Polynesia. They conduct inspections, investigate accidents, and can issue sanctions for non-compliance. Employers with at least 50 employees are required to establish an Occupational Health and Safety Committee. This committee provides a platform for worker-employer collaboration on health and safety matters.

Specific Health and Safety Obligations

Employers must conduct comprehensive risk assessments to identify and mitigate potential hazards in the workplace. This forms the basis of preventive measures. Employers must also provide workers with adequate training and information on health and safety matters specific to their job roles and the workplace environment. Workers in certain industries or exposed to specific risks may be subject to mandatory medical surveillance programs. Employers must report serious workplace accidents or dangerous incidents to the relevant authorities. Workplaces must have adequate first aid provisions and established emergency response plans.

Important Considerations

The majority of health and safety legislation and regulations in French Polynesia are in French. Employers and workers may need translation support to ensure understanding and compliance. Certain sectors, such as construction or maritime activities, may have additional industry-specific safety regulations.

Occupational health and safety is a priority in French Polynesia, with a strong emphasis on hazard identification, risk management, and the creation of a safe and healthy work environment.

Hazard Identification and Risk Management

Employers are required to conduct comprehensive risk assessments that cover all aspects of the work environment. This includes identifying potential hazards, such as physical, chemical, biological, ergonomic, and psychosocial risks, and evaluating their potential impact. Based on these assessments, employers must implement preventive measures, prioritizing the elimination of hazards, substitution with safer alternatives, engineering controls, administrative controls, and the use of personal protective equipment (PPE).

Workplace Environment and Facilities

The workplace environment must be conducive to health and safety. This includes providing adequate ventilation to control exposure to airborne contaminants and maintain comfortable temperature and humidity levels. Work areas must have sufficient lighting suitable for the tasks being performed. Noise exposure must be minimized through measures such as engineering controls, quieter machinery, and hearing protection when necessary. Clean and well-maintained restrooms, washing facilities, and safe drinking water must be provided. Ergonomic principles should be applied to workstation design to minimize risks of musculoskeletal disorders.

Chemical Safety

Employers must maintain an inventory of all hazardous chemicals used or stored in the workplace. Safety Data Sheets (SDSs) must be readily available for all hazardous chemicals, providing workers with information on hazards, safe handling, and emergency procedures. Chemical containers must be clearly labeled with hazard pictograms and stored appropriately to prevent spills or leaks.

Machine Safety

Machinery must be effectively guarded to prevent worker contact with moving parts. Procedures must be in place for isolating and de-energizing equipment during maintenance or repair to prevent accidental start-up. Emergency stop buttons or devices must be easily accessible in case of machinery malfunctions.

Fire Safety

A comprehensive fire prevention plan must be developed and implemented, including measures to prevent fires, evacuate workers safely, and train employees in fire safety procedures. Appropriate fire extinguishers must be strategically placed and regularly maintained. Emergency exits must be clearly marked, unobstructed, and easily accessible.

First Aid and Medical Preparedness

Well-stocked first aid kits must be readily accessible, and employees trained in basic first aid. Depending on the workplace risks, employers may be required to provide access to occupational health services for preventive health assessments and medical surveillance.

Workplace inspections in French Polynesia are primarily conducted by the Labor Inspectorate (Inspection du Travail). These inspectors have the authority to enter workplaces, examine records, and interview employees. Employers are responsible for ensuring a safe and healthy work environment for their employees, which includes complying with relevant labor laws and regulations, implementing appropriate safety measures, and cooperating with labor inspectors during inspections. Employee representatives also play a key role in identifying potential hazards and may participate in workplace inspections.

Inspection Procedures

Workplace inspections typically follow a set procedure. This begins with planning, where labor inspectors may conduct both routine and targeted inspections based on risk assessments, complaints, or specific incidents. Employers are generally notified in advance of an inspection, unless there is a specific reason for an unannounced inspection. The inspection begins with an opening meeting where the labor inspector presents their credentials, outlines the scope of the inspection, and discusses any relevant concerns with the employer.

The inspector then conducts a thorough walkthrough of the workplace, observing work processes, equipment, and facilities. They may interview employees, examine documents, and take photographs or measurements. The inspection concludes with a closing meeting where the inspector summarizes their findings and discusses any potential violations or recommendations with the employer. The labor inspector then prepares a detailed report outlining their findings, including any violations or hazards identified, and recommendations for corrective action. If violations are found, the labor inspector may issue warnings, orders to comply, or fines. In serious cases, they may refer the matter for prosecution.

Inspection Criteria

Workplace inspections in French Polynesia typically focus on occupational safety and health (OSH) compliance, working conditions, child labor laws, and specific industry hazards. The frequency of these inspections varies depending on the level of risk associated with the workplace, with high-risk workplaces being inspected more frequently than low-risk workplaces.

Follow-up Actions

After an inspection, employers are required to take timely action to address any violations or hazards identified. The labor inspector may conduct a follow-up inspection to verify that corrective actions have been taken. Employees are encouraged to report any ongoing safety concerns to the labor inspector or their employee representatives.

The primary legal framework governing workplace safety and health in French Polynesia is the French Labor Code (Code du Travail). Additional regulations may address specific hazards or industries.

Workplace accidents are serious incidents that require immediate notification to the Labor Inspectorate and the Social Security Fund. Employers are obligated to submit a formal declaration of the accident to the Social Security Fund within 48 hours of the incident. This declaration should include comprehensive details about the accident, the injured worker, and the circumstances surrounding the event.

Investigation Processes

Employers are responsible for conducting an initial investigation into the causes of the workplace accident. This involves gathering evidence, interviewing witnesses, and identifying potential corrective measures to prevent similar incidents in the future. In cases of serious accidents or fatalities, the Labor Inspectorate may conduct a more in-depth investigation. This could involve further examination of the accident scene, interviews with relevant parties, and a review of workplace policies and procedures. The worker's compensation insurer may also conduct their own investigation to determine eligibility for benefits and to assess potential liability.

Compensation Claims

Injured workers are entitled to have their medical expenses covered by the worker's compensation system. This includes costs related to treatment, rehabilitation, and medication. Workers who are temporarily unable to work due to their injuries may receive temporary disability benefits, which typically replace a portion of the worker's lost wages. In cases of permanent disability, workers may be eligible for permanent disability benefits. The amount of these benefits depends on the severity of the disability and its impact on the worker's earning capacity. In the event of a fatal workplace accident, the worker's dependents may be eligible for death benefits.