The Safety and Health at Work Act (2005) is the main legislation governing health and safety in Barbados. It provides a comprehensive framework for protecting workers' health, safety, and welfare in the workplace. The Act outlines the general duties of employers, which include providing a safe and healthy working environment, safe systems of work, and necessary personal protective equipment. It also outlines the general duties of employees, which include taking reasonable care of themselves and others, and cooperating with employers in meeting safety obligations.
The Employment (Miscellaneous Provisions) Act (1977) contains specific provisions related to health and safety, particularly concerning sanitation, cleanliness, and ventilation in workplaces. The Accidents and Occupational Diseases (Notification) Act (1983) requires employers to notify the Chief Labour Officer of workplace accidents and occupational diseases.
Several regulations supplement the core Safety and Health at Work Act (2005), providing more detailed requirements for various sectors and hazards. These include the Workplace (General Duties) Regulations (2007), Workplace (Sanitary Conveniences) Regulations (2007), Workplace (Washing Facilities) Regulations (2007), Workplace (Personal Protective Equipment) Regulations (2007), Workplace (Noise) Regulations (2007), and Workplace (Drinking Water) Regulations (2007).
The laws and regulations establish the following core health and safety standards:
The Labour Department, specifically the Chief Labour Officer and labour inspectors, are responsible for enforcing Barbados' health and safety legislation. The laws provide for penalties, including fines and imprisonment, for violations of health and safety regulations.
Barbados actively works to strengthen its health and safety framework through various initiatives. These initiatives focus on building health and safety awareness through safety campaigns and educational programs for employers and workers, providing technical support and capacity building through training for labor inspectors, and fostering a strong culture of health and safety through tripartite collaboration between the government, employers' organizations, and trade unions.
Occupational health and safety (OHS) is a crucial aspect of any workplace, and in Barbados, it is governed by the Safety and Health at Work Act (2005). This legislation outlines the responsibilities of employers, workers, and the government. The Labour Department, under the Ministry of Labour, is the primary authority responsible for the administration and enforcement of OHS laws and regulations. Additionally, the National Advisory Committee on Occupational Safety and Health (NACOSH) facilitates dialogue and policy development on OHS issues.
Employers in Barbados are legally obligated to provide a safe and healthy workplace, implement safe systems of work, maintain safe machinery and equipment, and provide necessary information, instruction, training, and supervision to ensure worker safety. They must also provide personal protective equipment (PPE) when necessary.
On the other hand, employees must take reasonable care of their own health and safety and those of others, cooperate with employers to fulfill OHS obligations, and use PPE and other provided safety equipment correctly.
Employers are also required to conduct risk assessments to identify hazards and implement a hierarchy of controls. The Safety and Health at Work Act (2005) mandates reporting of accidents, dangerous occurrences, and occupational diseases to the Labour Department. Workplaces with 25 or more employees are required to establish joint safety and health committees with worker representation.
Barbados has developed additional regulations to address risks in specific sectors. In construction, regulations focus on fall protection, scaffolding safety, and excavation hazards. In manufacturing, the emphasis is on machine guarding, hazardous chemicals management, and noise control. In agriculture, regulations address pesticide safety, machinery risks, and work in extreme weather conditions.
The Labour Department conducts inspections to assess compliance and may issue improvement notices or penalties for violations. The Labour Department and NACOSH offer guidance and resources to help employers create and maintain safe workplaces.
Ensuring OHS standards in the informal sector remains a challenge. Continuous efforts are made to promote OHS awareness and build a stronger preventative safety culture throughout Barbados.
Workplace inspections play a crucial role in ensuring a safe and healthy work environment. They serve as a tool for compliance verification, hazard identification and control, and awareness and education. Inspections verify adherence to safety regulations and ensure employers are meeting their legal obligations to provide safe working conditions. They also help identify potential hazards and assess whether adequate risk control measures are in place. Furthermore, inspections can serve as an opportunity to educate both employers and employees on safety requirements and best practices.
Labour inspectors have broad powers to enter workplaces without prior notice, conduct examinations, tests, and inquiries, take samples and photographs, and require the production of documents or records. There are different types of inspections such as routine inspections, accident/incident investigations, and complaint-based inspections. Routine inspections are regular, unannounced, and may be targeted towards high-risk industries or based on specific concerns. Accident/incident investigations are in-depth inspections following workplace accidents or reports of dangerous occurrences. Complaint-based inspections are triggered by a worker's complaint about safety conditions.
Inspectors examine a wide range of safety aspects, including physical hazards like machinery, electrical systems, fall hazards, noise, lighting, and ventilation. They also look into chemical hazards such as the use, storage, labeling, and handling of hazardous substances. Ergonomic hazards like repetitive motions, awkward postures, and manual materials handling are also considered. Fire and emergency preparedness, compliance with safety regulations, and management systems are also part of the inspection criteria.
The frequency of workplace inspections is not rigidly fixed and depends on the risk profile of the industry or workplace and the capacity and prioritization strategies of the Labour Department.
After an inspection, inspectors provide a detailed report outlining findings and any non-compliance issues. If violations are identified, improvement notices are issued, providing a timeframe for corrective action. In cases of serious or repeated breaches, inspectors may initiate prosecution or issue prohibition notices restricting activities posing immediate danger. Inspectors may also offer guidance to employers and workers on achieving and maintaining safety compliance.
Workplace accidents in Barbados are subject to strict reporting requirements and investigation processes. Employers are legally obligated to report serious accidents, dangerous occurrences, and occupational diseases to the Labor Department as soon as possible. This includes fatalities, amputations, or any event requiring hospitalization for more than 24 hours.
Employers must also submit a written report of accidents resulting in more than three days of lost work time to the Chief Labor Officer within seven days.
Employers are responsible for conducting thorough investigations into all workplace accidents, regardless of severity. This includes gathering information and evidence, interviewing witnesses, identifying root causes, and developing corrective actions to prevent recurrence.
The Labor Department, specifically the Occupational Safety and Health Section, has the authority to investigate workplace accidents, particularly serious ones, and to enforce safety regulations.
Employees injured in workplace accidents or those who contract occupational diseases may be eligible for compensation through the National Insurance Scheme (NIS). Benefits include Injury Benefit (short-term financial support) and Disablement Benefit (for long-term or permanent disability).
In cases of gross negligence or employer wrongdoing, injured workers may have grounds for pursuing additional compensation through a civil lawsuit.
Employers must maintain records of all work-related accidents and injuries. They also have a duty to create and maintain a safe working environment for their employees, taking steps to minimize hazards. Employees, on the other hand, have a responsibility to follow safety guidelines and report unsafe conditions to their employers.
We're here to help you on your global hiring journey.
