Health & Safety in Kiribati

Ensuring a safe and healthy workplace is fundamental for any business operating in Kiribati. Adhering to local occupational health and safety (OHS) regulations is not just a legal requirement but also crucial for protecting employees, minimizing risks, and fostering a productive environment. Understanding the specific framework and obligations is essential for employers to operate compliantly and responsibly within the islands.

The regulatory landscape in Kiribati aims to establish clear guidelines for workplace safety across various industries. Employers are expected to implement measures that prevent accidents, injuries, and occupational illnesses, while employees also have a role to play in maintaining a safe work environment. Navigating these requirements effectively is key to successful operations.

Health and Safety Laws and Regulatory Framework

The primary legislation governing occupational health and safety in Kiribati is the Employment Act. This Act outlines general duties for employers regarding the health and safety of their employees. While it provides a foundational framework, specific regulations and standards may be derived from or referenced within this Act or related subsidiary legislation. The Ministry responsible for labour and employment typically oversees the enforcement of these laws.

Key aspects covered by the framework include:

• General duty of care for employers to ensure the health and safety of employees.
• Requirements for safe working conditions, equipment, and systems of work.
• Provisions related to hazardous substances and dangerous machinery.
• Basic requirements for reporting workplace incidents.

Occupational Health and Safety Standards and Practices

Employers in Kiribati are expected to implement practical measures to ensure workplace safety. This involves identifying potential hazards and implementing controls to mitigate risks. While specific detailed standards might be less prescriptive than in some other jurisdictions, the general duty of care implies the need for reasonable and practicable steps to protect workers.

Essential practices include:

• Risk Assessments: Conducting regular assessments to identify potential hazards in the workplace, evaluate the risks they pose, and determine appropriate control measures. This process should be documented.
• Safety Committees: For workplaces exceeding a certain size or operating in higher-risk industries, the establishment of joint employer-employee safety committees may be required or recommended to facilitate consultation and cooperation on safety matters.
• Training Requirements: Providing employees with adequate information, instruction, training, and supervision to enable them to perform their work safely. This includes training on specific hazards, safe work procedures, and the use of personal protective equipment (PPE).
• Personal Protective Equipment (PPE): Identifying where PPE is necessary to control risks and ensuring appropriate PPE is provided, maintained, and used correctly by employees.
• Work Environment: Maintaining a safe and healthy physical work environment, including aspects like ventilation, lighting, sanitation, and emergency exits.

Workplace Inspection Processes and Requirements

Workplace inspections are a crucial part of the OHS framework in Kiribati. Government labour inspectors are authorized to enter workplaces to assess compliance with the Employment Act and related regulations. Employers are required to cooperate with inspectors and provide access to relevant areas, documents, and personnel.

Typical aspects covered during an inspection may include:

• Review of safety policies and procedures.
• Examination of machinery, equipment, and work processes.
• Assessment of the physical work environment.
• Verification of safety training records.
• Checking documentation related to risk assessments and incident reports.
• Discussions with employers and employees regarding safety concerns.

Inspectors have the authority to issue notices requiring employers to rectify non-compliant conditions within a specified timeframe. Failure to comply can result in penalties.

Workplace Accident Protocols and Reporting

In the event of a workplace accident or incident, specific protocols must be followed. These protocols ensure that injured employees receive necessary care and that the incident is investigated to prevent recurrence. Reporting requirements are in place to inform the relevant authorities.

Key steps typically include:

1. Immediate Action: Providing first aid or medical attention to the injured person(s).
2. Securing the Scene: Taking steps to prevent further injury or damage, if safe to do so.
3. Investigation: Conducting an internal investigation to determine the cause of the accident.
4. Reporting: Notifying the relevant government department (e.g., the Ministry responsible for Labour) of serious accidents or incidents as required by law.

While specific thresholds for mandatory reporting (e.g., fatalities, serious injuries requiring hospitalization) are defined in the legislation, it is prudent to have a clear internal reporting system for all incidents, near misses included, to facilitate investigation and prevention.

Employer and Employee Responsibilities for Workplace Safety

Workplace safety is a shared responsibility between employers and employees. The law places specific duties on both parties.

Employer Responsibilities:

• Provide a safe working environment, safe systems of work, and safe equipment.
• Identify hazards and assess risks.
• Implement control measures to eliminate or minimize risks.
• Provide necessary information, instruction, training, and supervision.
• Provide and maintain necessary PPE.
• Consult with employees on health and safety matters.
• Report serious accidents to the authorities.
• Maintain records related to OHS activities (risk assessments, training, incidents).

Employee Responsibilities:

• Take reasonable care for their own health and safety.
• Take reasonable care for the health and safety of others who may be affected by their acts or omissions.
• Cooperate with the employer on health and safety matters.
• Use equipment and PPE provided in accordance with training and instructions.
• Report any hazards, unsafe conditions, or incidents to their employer.
• Follow safe work procedures.

By understanding and fulfilling these respective responsibilities, employers and employees contribute collectively to a safer and healthier workplace in Kiribati.