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Falkland Islands (Malvinas) Seizes Compliance Risk Management with Robust Health and Safety Laws
The Falkland Islands has taken significant steps to ensure a safe and healthy work environment by implementing robust health and safety laws modeled on UK legislation.
Foundational Law: Health and Safety at Work etc. Ordinance 1997
The Health and Safety at Work etc. Ordinance 1997 serves as the foundational law, outlining employer and employee duties regarding workplace health and safety.
Employer Responsibilities
- Conducting risk assessments
- Implementing control measures
- Providing information and training
- Maintaining safe systems of work
Employee Rights and Responsibilities
- Participating in health and safety matters
- Raising concerns
- Contributing to risk management
Occupational Health and Safety Standards
The Falkland Islands emphasizes high standards in occupational health and safety, with specific requirements for managing various workplace risks, including:
- Physical hazards
- Chemical hazards
- Biological hazards
- Ergonomic hazards
Employers must also take steps to prevent and address workplace violence and harassment.
Government Bodies and Inspections
Government bodies may conduct workplace inspections and investigate breaches of health and safety laws. Employers found non-compliant may face significant fines or even prosecution in severe cases.
Workplace Inspections
- Helping identify potential hazards
- Ensuring regulatory compliance
- Assessing and mitigating risks
- Providing a mechanism for continuous improvement of health and safety practices
Corrective Actions and Verification
Employers are responsible for addressing identified hazards and non-compliances within a reasonable timeframe. After the inspection, the employer is responsible for implementing corrective actions and verifying their effectiveness through re-inspections.
Reporting Workplace Accidents
In cases of workplace accidents, employers must:
- Immediately notify the Health and Safety Executive (HSE) in cases of fatalities, major injuries, or over-7-day incapacitations
- Submit a formal written report to the HSE within 10 days of the incident
Employer Investigation and Employee Compensation
Employers are primarily responsible for investigating workplace accidents to determine the root cause and implement corrective measures to prevent recurrence. Employees injured in workplace accidents may be entitled to compensation for lost wages, medical expenses, and other related costs.
Accurate Record-Keeping
Employers must maintain accurate records of all workplace accidents and injuries, regardless of whether they are reportable. Employees and their representatives have a right to participate in accident investigations and the development of corrective actions.
Conclusion
In conclusion, the Falkland Islands has taken significant steps to ensure compliance risk management through its robust health and safety laws and regulations. By prioritizing employee safety and well-being, employers can prevent accidents, reduce costs, and maintain a positive reputation.