Health and safety laws in Saint Helena, Ascension, and Tristan da Cunha are a combination of British legislation and local Ordinances designed to cater to the unique needs of these island territories.

Key Areas of Regulation

Employment and the Workplace

The Employment Rights Ordinance (2016) establishes core rights and protections for workers, including minimum wage, hours of work and overtime, protection against discrimination, maternity and paternity leave, and unfair dismissal procedures. The Factories Ordinance provides for the safety and health of workers within factory settings. The Public Health Ordinance includes provisions relating to workplace hygiene, sanitation, and the prevention of disease outbreaks.

Public Health

The Public Health Ordinance outlines a framework for managing public health matters, including control of infectious diseases, food safety and standards, sanitation and waste management, and environmental health protection.

Safety in Specific Activities

Regulations are in place to ensure the safety of vessels and those onboard, especially within the fishing and shipping industries. Traffic laws and regulations govern road use to enhance safety for drivers, cyclists, and pedestrians. Guides are often mandatory for specific hikes and excursions. Regulations address visitor safety within the unique natural environments of the islands.

Enforcement and Regulatory Bodies

Several agencies are responsible for enforcing health and safety regulations in Saint Helena, Ascension, and Tristan da Cunha. These include the Health Directorate, Environmental Management Directorate, Police Service, and Tristan da Cunha Island Council.

Important Considerations for Employers and Businesses

Businesses operating within these territories must ensure familiarity with and adherence to relevant health and safety laws. This includes conducting risk assessments and implementing appropriate control measures, providing necessary training and protective equipment to workers, and maintaining accurate records related to health and safety incidents.

Occupational health and safety is a crucial aspect of any workplace. It involves several general standards and specific areas of focus.

General Standards

• Risk Assessment and Control: Employers are required to conduct comprehensive risk assessments in their workplaces. This is followed by the implementation of suitable control measures to minimize or eliminate hazards.
• Provision of Information and Training: Employees should be provided with relevant safety information and training related to their tasks. This ensures they understand potential risks and the necessary precautions to avoid accidents.
• Consultation and Participation: Worker consultation and participation in health and safety matters is crucial. It encourages a collaborative approach within the workplace.
• Personal Protective Equipment (PPE): Where hazards cannot be fully eliminated, employers must provide necessary PPE to employees. The type of PPE depends on the specific risks involved in work activities.
• Incident Reporting and Record-Keeping: Businesses are required to report significant workplace injuries, diseases, or dangerous occurrences. Keeping detailed records helps in analyzing incidents and implementing preventative measures.

Specific Areas of Focus

Manual Handling

Employers are obligated to reduce the risk of injuries from manual handling activities such as lifting, pushing, and pulling. This can involve using mechanical aids where possible or redesigning tasks to minimize strain.

Workplace Ergonomics

Workplace ergonomics is a key area of focus. It promotes healthy postures and prevents musculoskeletal disorders. This includes workstation design, tool selection, and the arrangement of work tasks.

Noise and Vibration

Excessive noise and vibration can pose risks to workers' hearing and well-being. Employers should assess these hazards and take steps to minimize exposure levels.

Confined Spaces

Working in confined spaces, where oxygen deficiency, hazardous substances, or other risks exist, requires strict procedures and protocols.

Mental Health in the Workplace

The importance of mental wellbeing within the workplace is increasingly recognized. Employers must make reasonable adjustments to support workers with mental health needs.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help identify potential hazards and assess the effectiveness of existing control measures, thereby preventing accidents and work-related illnesses.

Authorized Bodies

Workplace inspections can be carried out by several entities:

• Health and Safety Officers: These officers are employed by the relevant government Directorates and have the authority to enter and inspect workplaces.
• Police Service: They may conduct inspections in specific contexts, such as serious accidents or alleged breaches of safety regulations.
• Tristan da Cunha Island Council: This council holds regulatory power within Tristan da Cunha, including the authority to conduct workplace inspections.

Inspection Criteria

The criteria for inspections include:

• Compliance with Health and Safety Laws: Inspectors reference relevant Ordinances to ensure workplaces adhere to legal standards.
• Risk Assessments: The adequacy of employer-conducted risk assessments is examined.
• Control Measures: Inspectors evaluate if proper control measures are in place and effective.
• Workplace Conditions: Overall hygiene, ventilation, lighting, noise levels, and the condition of equipment or machinery are assessed.
• Record-Keeping: Maintenance of accident and incident records is verified.

Inspection Frequency

The frequency of workplace inspections can vary based on:

• Size and nature of the workplace: High-risk industries and larger workplaces are likely subject to more frequent monitoring.
• Past Inspection History: A history of non-compliance could lead to increased checks.
• Response to Complaints or Reports: Allegations of unsafe practices may trigger an inspection.

Inspection Procedures

The inspection process typically involves:

1. Notice: Advance notice for routine inspections may be provided, though inspectors have the right to conduct unannounced visits if deemed necessary.
2. Opening Interview: The inspector outlines the inspection purpose and scope.
3. Walkthrough Inspection: A detailed examination of the workplace, potentially involving interviews with employees.
4. Closing Discussion: The inspector summarizes initial findings and may discuss any immediate corrective actions needed.
5. Formal Report: A detailed report outlines any violations, required actions, and deadlines for compliance.

Follow-Up Actions

After the inspection, the following actions may be taken:

• Corrective Measures: Employers must address identified issues within stipulated timeframes.
• Re-inspection: May be conducted to check if required actions have been completed.
• Enforcement Actions: Authorities may issue improvement notices, prohibition notices, or in cases of severe or repeated violations, initiate prosecution procedures.

Workplace accidents need to be reported to the relevant authorities within specific timeframes. The types of incidents that must be reported include fatal accidents, major injuries, accidents resulting in hospitalization for more than 24 hours, dangerous occurrences, and occupational diseases. Reports are typically submitted to the Health and Safety authorities, Police, or the Tristan da Cunha Island Council, depending on the location and nature of the incident.

Investigation Processes

The aim of workplace accident investigations is to identify the root cause and suggest necessary corrective actions to prevent recurrence. The process may involve securing the incident scene for evidence collection, gathering information such as witness statements and safety records, conducting a root cause analysis to identify contributing factors, and making recommendations in the investigation report to prevent similar incidents.

Worker's Compensation

The Social Security Ordinance provides a framework for compensation in case of workplace-related injuries or illnesses. Eligibility for benefits depends on the specific nature of the injury, illness, or disability. The types of benefits may include medical expenses, temporary or permanent disability payments, and in cases of fatalities, benefits for dependents.