In Timor-Leste, the primary legislation governing health and safety is Law No. 11/2023 on Safety, Health and Hygiene at Work. This law outlines the fundamental principles and responsibilities surrounding health and safety.

Scope of the Law

The Law on Safety, Health, and Hygiene at Work applies to nearly all places of work within Timor-Leste, including public, private, cooperative, and social sector organizations. It covers employees, self-employed workers, trainees and apprentices, and economically dependent workers.

Key Principles and Responsibilities

Employers' Responsibilities

Employers are required to conduct risk assessments and implement preventive measures to minimize workplace hazards. They must provide workers with information and training on health and safety, including the use of protective equipment. Employers must have adequate first aid provisions and emergency plans. They may be required to arrange for health surveillance of workers who are exposed to specific risks. Employers must consult with workers on health and safety matters and encourage their participation in hazard identification and risk control.

Workers' Responsibilities

Workers are required to follow safety instructions and procedures provided by the employer. They must correctly use the personal protective equipment (PPE) provided. Workers must report any hazards or dangerous situations they observe in the workplace.

Specific Provisions

Vulnerable Groups

The Law on Safety, Health, and Hygiene at Work includes special protections for pregnant and breastfeeding women, prohibiting work that may harm their health or that of their child. It also restricts the types of work young workers can perform and prohibits them from hazardous activities.

Workplace Facilities and Conditions

The law outlines requirements for workspaces, including adequate ventilation, lighting, and temperature control. It mandates access to toilets, clean water, and washing facilities. It also requires safe design, operation, and maintenance of machinery and equipment.

Chemical Safety

Employers must take steps to control the risks posed by chemicals, including labeling, safe storage, and the provision of material safety data sheets (MSDS).

Enforcement

The government is responsible for enforcing health and safety laws. The specific agency responsible for enforcement may vary.

Occupational health and safety (OHS) is a crucial aspect of any workplace. It involves the identification of potential hazards and the assessment of risks to workers' safety and health. Employers have a fundamental duty to ensure that all potential hazards are recognized, and this process should involve active worker participation.

Hazard Identification and Risk Assessment

Employers are required to identify workplace hazards and assess risks to workers' safety and health. This process should involve active worker participation to ensure all potential hazards are recognized.

Control Measures

Once risks are assessed, employers must implement control measures. These measures follow a hierarchy:

1. Elimination: Removing the hazard entirely.
2. Substitution: Replacing the hazard with a less dangerous alternative.
3. Engineering Controls: Isolating the hazard or implementing physical changes in the workspace.
4. Administrative Controls: Modifying work procedures, work schedules, or providing training.
5. Personal Protective Equipment (PPE): Use of equipment like gloves, masks, or ear protection as a last resort.

Occupational Health Surveillance

Certain jobs might require medical examinations and health monitoring for workers. This is particularly important in industries where workers are exposed to hazardous substances or noise.

Safety Training and Information

Employers must provide workers with comprehensive information and training on workplace hazards, safe work procedures, emergency responses and the use of PPE. Training should be ongoing and updated regularly to reflect changes in work processes or equipment.

Incident Reporting and Investigation

Workers must report injuries, illnesses, and near-misses, allowing for investigation and corrective actions to prevent reoccurrence. Employers must investigate incidents to identify the root causes and implement preventive measures.

Important Considerations

Active worker involvement in identifying hazards, developing controls, and participating in OHS decision-making is essential. OHS standards and practices should not be considered static. Employers should have a system for regularly reviewing and updating OHS practices to ensure continual improvement.

Challenges

Implementing strong OHS practices can be challenging due to limited resources, the presence of an informal economy, and a need for greater awareness and education about OHS rights and responsibilities among both employers and workers.

Workplace inspections play a crucial role in ensuring compliance with safety standards, identifying potential hazards, deterring non-compliance, and providing education and guidance on safety practices. The specific government agency responsible for conducting these inspections may vary, and the law may designate a lead authority for enforcement.

Inspection Procedures

Inspections typically involve a series of steps, including planning, notification, walkthrough, interviews, and document review. The planning stage may involve scheduling inspections based on risk assessments, complaints, or random selection. Employers may or may not be notified in advance, depending on the nature of the inspection. During the walkthrough, inspectors conduct a physical examination of the workplace, observing work processes, equipment, and facilities. Inspectors may also interview workers and management to gather information about safety practices and review documents such as risk assessments, incident reports, and training logs.

Inspection Criteria

The focus of inspections is compliance with safety law requirements. This includes hazard identification and risk control measures, provision and use of personal protective equipment (PPE), safe operation and maintenance of machinery and equipment, adequacy of workplace facilities (lighting, ventilation, sanitation), emergency preparedness and procedures, chemical safety and hazard communication, safety training and awareness of workers, and record-keeping and incident reporting processes.

Inspection Frequency

The frequency of inspections is determined by factors such as industry risk, company history, and available resources. Higher risk industries may be subject to more frequent inspections, and companies with a history of poor compliance might face a higher inspection frequency. The capacity of the enforcement agency will also influence the overall frequency of inspections.

Follow-up Actions

After an inspection, inspectors compile a report detailing the findings, including any violations or recommendations. Employers may be issued an order to rectify violations within a specified timeframe. Significant or repeated non-compliance may result in fines or other penalties. Follow-up inspections may be conducted to verify that corrective actions have been taken.

Workplace accidents are a serious matter that require immediate attention. Employers are required to report serious work-related injuries, illnesses, or fatalities to the relevant government authorities promptly. The specific reporting timeframes and the designated authority are usually outlined in the Occupational Health and Safety (OHS) law or supporting regulations.

Worker's Responsibility

Workers also have a responsibility in this regard. They are obligated to report any workplace accidents or injuries to their employer. This is not just a moral obligation, but a legal one as well, as outlined in Law No. 11/2023, Article 15.

Record Keeping

Record keeping is another important aspect of dealing with workplace accidents. Employers must maintain records of workplace accidents and injuries. These records should include details of the incident, the nature of the injury, and any corrective actions taken.

Employer Investigations

Employers have the primary responsibility to investigate workplace accidents. The goal is to discover the root cause and implement measures to prevent similar incidents in the future.

Government Investigations

The designated government authority may also conduct its own investigations. This is particularly true in cases of serious injuries or fatalities. Such investigations might involve site visits, equipment inspections, and interviews with witnesses.

Worker Participation

Worker representatives or safety committees should ideally be involved in the investigation process. Their involvement can help identify contributing factors and potential solutions.

Compensation Claims

In the event of work-related injuries and illnesses, there is likely a social security system in place that provides compensation. The specific eligibility criteria and benefits available are defined in relevant social security legislation.

Workers' Compensation Insurance

Employers may be required to obtain workers' compensation insurance. This insurance provides additional coverage for medical expenses, lost wages, and disability benefits in the event of workplace injuries.

Claim Procedures

There are specific procedures and timeframes for filing workers' compensation claims. These are determined by the social security system or the insurance carrier if applicable.

Key Considerations

Prompt reporting and investigation of workplace accidents are crucial. They help in determining the cause and enabling swift access to medical care and any relevant compensation benefits. The primary goal of accident reporting and investigations should be to prevent future similar occurrences. Investigation findings should lead to the implementation of corrective and preventive measures. Workers have the right to a safe workplace and to be informed of hazards. They should not face any retribution for reporting accidents or participating in investigations.