New Caledonia's health and safety laws are designed to protect the well-being of workers across all industries. These laws are influenced by both French law and locally developed regulations. The cornerstone of workplace health and safety is the New Caledonia Labor Code (Code du Travail de Nouvelle-Calédonie). This code outlines the rights and responsibilities of employers and employees regarding the prevention of hazards, workplace hygiene and sanitation, provision of personal protective equipment (PPE), and the establishment of health and safety committees.

Key Legislation

The New Caledonia Labor Code is supplemented by deliberations and orders by New Caledonian institutions. These provide detailed regulations on specific industries and hazards, such as construction site safety, chemical handling, noise exposure, and machinery safety.

Employer Responsibilities

Under health and safety laws, employers in New Caledonia have several primary obligations. These include conducting thorough risk assessments of the workplace, providing a safe working environment free from recognized hazards, educating employees about workplace hazards and safe work practices, implementing a system for reporting and investigating work-related accidents and illnesses, and providing access to occupational health services for preventive health monitoring and medical surveillance.

Employee Rights

Employees in New Caledonia have several rights under health and safety laws. These include the right to refuse work they believe poses a serious and imminent danger to their health or safety, the right to information about hazards in their workplace, the right to be consulted on safety matters, the right to be provided with appropriate PPE at no cost, and protection from discrimination for exercising their health and safety rights.

Enforcement

The Labor Inspectorate (Inspection du Travail et des Mines) is responsible for enforcing health and safety laws in New Caledonia. Their powers include conducting workplace inspections, issuing improvement notices, and levying fines for non-compliance.

Additional Considerations

The New Caledonian Social Security system (CAFAT) provides compensation for work-related injuries and illnesses. Additionally, the Environmental Codes of the North, South, and Loyalty Islands Provinces contain additional safety and environmental regulations that may apply to certain sectors.

Occupational health and safety is a critical aspect of any workplace. It involves various practices and standards aimed at ensuring the well-being of employees.

Risk Prevention and Control

Employers are obligated to identify, assess, and control workplace hazards. This is done through a hierarchical approach that includes:

• Elimination: This involves removing the hazard entirely.
• Substitution: This is the process of replacing the hazard with a less dangerous alternative.
• Engineering Controls: This involves isolating workers from the hazard through physical barriers or modifications.
• Administrative Controls: This involves changing work procedures or schedules to minimize exposure.
• Personal Protective Equipment (PPE): This involves providing appropriate gear as a last line of defense.

Workplace Conditions

Employers must maintain certain conditions in the workplace. These include:

• Ventilation: Adequate airflow to control airborne contaminants.
• Lighting: Suitable lighting levels to prevent eye strain and accidents.
• Noise: Measures to mitigate excessive noise exposure.
• Temperature and Humidity: Comfortable working conditions where possible.
• Sanitation: Clean toilets, washing facilities, and safe drinking water.

Specific Hazards

There are specific regulations for certain hazards. These include:

• Chemical Safety: Regulations address labeling, handling, storage, and disposal of hazardous chemicals.
• Fire Safety: Measures for fire prevention, evacuation procedures, and firefighting equipment.
• Electrical Safety: Standards for electrical installations and work practices.
• Machinery Safety: Guarding of moving parts, safety interlocks, and emergency stop devices.
• Work at Height: Requirements for fall protection systems when working at elevated locations.
• Confined Spaces: Specific procedures for identifying, assessing, and working safely in confined spaces.

Occupational Health Practices

There are several health practices that employers may be required to follow. These include:

• Medical Surveillance: Employers may be required to provide health check-ups for employees exposed to certain hazards. This could include pre-employment screenings and periodic examinations.
• First Aid: Workplaces must have trained first aiders and adequately stocked first aid kits.
• Employee Training and Awareness: Workers must receive training on workplace hazards, safe work procedures, and emergency response. Communication of safety information is crucial.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help in proactive hazard identification, ensuring potential health and safety risks are identified before they lead to accidents or illnesses. Inspections also verify compliance, ensuring employers are adhering to workplace health and safety regulations. They serve as a deterrent to non-compliance, encouraging employers to maintain safe workplaces. Furthermore, inspectors can provide advice and guidance to employers and employees on improving safety practices.

Inspection Authority

Labor inspectors have broad authority to conduct workplace inspections. They have the right to enter workplaces without prior notice during working hours, examine any equipment, machinery, substances, or documents related to health and safety, interview employers and workers, and require the production of records.

Inspection Criteria

Inspections typically focus on general workplace conditions such as hygiene, sanitation, ventilation, lighting, noise levels, and temperature. They also look at hazard identification and control, including risk assessments, implementation of control measures, and safe work procedures. Specific hazards like chemical safety, machinery guarding, electrical safety, fire protection, and fall protection are also inspected. Additionally, health and safety management aspects like training, record-keeping, first aid, accident reporting, and health and safety committees are evaluated.

Inspection Frequency

The frequency of workplace inspections may vary depending on factors such as the industry and risk level, accident history, and complaints. Industries with higher inherent risks like construction and mining are subject to more frequent inspections. Workplaces with a history of accidents or incidents may be targeted for more frequent inspections. Inspections might also be triggered by worker complaints or reports of unsafe conditions.

Follow-Up Actions

For minor issues, inspectors may provide verbal recommendations for improvement. For more serious breaches, an inspector may issue an improvement notice requiring the employer to rectify the situation by a specified deadline. Significant violations or failure to comply with improvement notices may result in fines or, in severe cases, legal prosecutions. In cases of imminent danger, an inspector has the authority to order the immediate cessation of work or the closure of a workplace.

Workplace accidents are a serious matter and employers have a legal obligation to report them. Serious accidents and fatal injuries must be reported immediately to the Labor Inspectorate, while other work-related injuries must be reported to CAFAT within 48 hours. The report should include details about the accident, the injured worker, the nature of injuries, and any witnesses.

Accident Investigation

Investigating work-related accidents is crucial for identifying root causes to prevent recurrence, determining eligibility for compensation, and assessing compliance with health and safety regulations. Employers have the primary responsibility for carrying out accident investigations, but the Labor Inspectorate may also investigate serious accidents or incidents. The investigation process should involve gathering evidence, analyzing the sequence of events leading to the accident, identifying contributing factors, and recommending corrective actions.

Compensation Claims

Workers injured or falling ill due to work-related activities are generally entitled to compensation through CAFAT, New Caledonia's social security system. CAFAT may provide medical treatment and rehabilitation costs, temporary disability benefits, permanent disability pensions, and survivor benefits in case of a fatal work-related accident. To claim these benefits, workers should see a doctor who will certify the work-related nature of the injury or illness. Claims are filed with CAFAT, often with the assistance of the employer, who evaluates the claim and determines the level of compensation.