Palau's health and safety laws are primarily based on Title 25 of the Palau National Code (PNC), known as "Public Health, Safety and Welfare." These laws are designed to protect the well-being of its citizens and employees.

Public Health Regulations

Public health regulations in Palau are focused on environmental protection and food safety.

Environmental Protection

Title 25 of the PNC, Chapter 10, emphasizes the prevention of pollution and the safeguarding of the environment. It requires landowners and facility operators to avoid harmful practices such as improper waste disposal or polluting activities.

Food Safety

Food safety is also covered under Title 25 of the PNC, Chapter 10. It outlines sanitation standards for establishments involved in food production or sales, such as bakeries, restaurants, and stores. The Bureau of Health Services is authorized to inspect these premises and ensure that food is wholesome and safe to consume. The regulations also cover proper food labeling, disposal of spoiled or unsafe food, and expiry date standards.

Key Regulatory Agencies

The Ministry of Health and the Bureau of Labor & Human Resource are the key regulatory agencies in Palau.

Ministry of Health

The Ministry of Health plays a pivotal role in upholding public health regulations, enforcing food safety, and promoting environmental protection. This includes regular inspections and the capacity to address violations.

Bureau of Labor & Human Resource

The Bureau of Labor & Human Resource is responsible for promoting workplace safety and preventing accidents.

Important Considerations

While Palau has fundamental health and safety laws, the current regulatory landscape may be less comprehensive compared to some larger, industrialized nations. Palauan authorities are continuously working to enhance their health and safety regulations. Employers in Palau have a duty to create and maintain a safe and healthy work environment, which involves complying with regulations, implementing hazard prevention programs, and providing appropriate safety training to their employees.

Occupational Health and Safety (OHS) in Palau is overseen by the Bureau of Labor & Human Resource, which is empowered to set OHS standards, monitor compliance, and address workplace hazards. The primary aspects of workplace health and safety addressed include hazard prevention, safety standards, health and wellness, and incident reporting and recordkeeping.

Hazard Prevention

Hazard prevention is a key focus of OHS in Palau. Employers are obligated to assess potential risks inherent to their workplace. Following this assessment, measures must be put in place to mitigate or eliminate those risks.

Safety Standards

Safety standards are another important aspect of OHS in Palau. Machines must have safeguards to prevent injuries, such as barriers and automatic shut-offs. Employers often must provide necessary Personal Protective Equipment (PPE) to workers depending on the risks present in the workplace. Palauan OHS standards often draw from internationally recognized standards like the National Fire Protection Association's (NFPA) code to ensure safe electrical installations and work practices.

Health and Wellness

Health and wellness are also prioritized in the workplace. Workplaces must have sufficient first-aid supplies and personnel trained to use them in the event of injuries. Regulations may exist to limit worker exposure to chemicals, fumes, or other hazardous materials. This may include monitoring, ventilation, and protective equipment requirements. Employers might be obligated to take measures to prevent the spread of illness in the workplace, especially relevant in light of COVID-19.

Incident Reporting and Recordkeeping

Incident reporting and recordkeeping are crucial for maintaining a safe workplace. The Bureau of Labor & Human Resource investigates workplace accidents to determine causes and prevent future occurrences. Employers may be required to keep logs of accidents, injuries, and illnesses, which aids in identifying safety trends and areas needing attention.

Despite these measures, there are challenges and areas for improvement in OHS in Palau. As a small island nation, Palau may have resource limitations for extensive enforcement or training programs. Additionally, OHS compliance might be harder to monitor in informal business sectors.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They serve to identify potential hazards, enforce compliance with safety standards, proactively prevent accidents, and educate employers and workers about safe practices and potential risks.

Authority for Inspections

The Bureau of Labor & Human Resource is responsible for conducting workplace inspections in Palau. The Bureau's designated inspectors are authorized to carry out these inspections.

Inspection Procedures

Workplace inspections typically follow a structured process:

1. Planning: Inspections are scheduled based on various factors such as the industry's risk profile, past accident history, or in response to a worker complaint.
2. Opening Conference: Inspectors have an initial meeting with management to explain the purpose and scope of the inspection.
3. Walkthrough: Inspectors thoroughly examine the workplace, including equipment and machinery, work processes, hazardous substances handling, and emergency preparedness.
4. Interviews: Inspectors may talk to workers to gain insights about potential safety concerns or practices.
5. Document Review: Inspectors may review records related to safety training, incident logs, and maintenance schedules.
6. Closing Conference: The inspector discusses findings with management, highlighting potential violations or recommended improvements.

Inspection Criteria

Workplace inspections are conducted based on a range of safety and health criteria, including:

• Machine safeguarding
• Fall protection
• Electrical safety
• Fire safety & emergency preparedness
• Personal Protective Equipment (PPE) use
• Hazardous materials handling and storage
• Sanitation
• Recordkeeping practices

Follow-up Actions

After the inspection, several follow-up actions may be taken:

• Issuing Citations: For serious violations, the Bureau may issue citations with associated fines or penalties.
• Mandating Corrective Action: Inspectors outline necessary steps an employer must take to address identified hazards within specified timeframes.
• Re-inspections: Follow-up inspections may be conducted to ensure violations have been adequately rectified.
• Technical Assistance: The Bureau may offer guidance or resources to help employers improve safety performance.

Workplace accidents are a serious matter and require immediate attention. Employers are legally obligated to report serious injuries or fatalities to the relevant authorities within a specified timeframe. They must also maintain detailed logs of work-related injuries and illnesses, even for less severe cases. These records are crucial for monitoring and prevention efforts.

Investigating Workplace Accidents

The responsibility of investigating workplace accidents lies with the Bureau of Labor & Human Resource. This is central to understanding root causes and implementing measures to prevent recurrence. Investigations may involve interviews with the injured worker, witnesses, and management, examination of the accident scene, equipment inspection, and review of safety policies and procedures.

Compensation for Workplace Injuries

In Palau, a Workers' Compensation program is mandated under Title 34 of the Palau National Code (PNC). This provides a crucial safety net for workers injured on the job. Workers who sustain injuries or illnesses caused by their work are generally eligible for compensation. Workers' Compensation benefits may cover medical expenses, wage replacement while a worker is unable to work, disability benefits (temporary or permanent), and in cases of death, survivor benefits for dependents.

Claim Procedures

The injured worker should promptly inform their employer about the injury. The worker must then seek medical attention, and the treating doctor will document the work-related nature of the injury. The injured worker, or their legal representative, files a claim with the Bureau of Labor & Human Resource. The Bureau investigates the claim to determine its validity and the extent of benefits owed. If disagreements about the claim arise, Palau likely has a mechanism for mediation or formal hearings to reach a resolution.