Good Practices in Labour Administration

Occupational health and safety

The case of Fiji

In Fiji, the activities of the labour administration in the field of Occupational Health and Safety (OHS) are based on the concept of the "duty of care". The primary objective is to create a proactive OHS risk management culture with all potential risk creators in the labour market to ensure that those who create the risks in the workplace and those who work with them have the primary responsibility to solve them (rather than relying on Government Inspectors as encouraged in the former statutory and administrative arrangements).

The reformed Occupational Health and Safety Legislation simplifies and clarifies the administration responsibilities of OHS for all social partners. The legislation is supplemented by Regulations and Codes of Practice." Coordination is flexible and priorities are established on the basis of rigorous strategic planning. The distribution of responsibilities between the three partners (employers, workers and government), at both the policy and technical levels, is clearly defined and the Ministry of Labour and Industrial Relations is fully involved in the implementation of policies for change and improvement. Finally, all the partners at all levels are held to be responsible, thereby encouraging the autonomy of users.

In view of the consistently increasing number of workplace accidents up to 1989, the Ministry of Labour Industrial Relations concluded that the former labour administration system on OHS was neither effective nor efficient. The total national annual cost of workplace accidents and ill health is estimated to be about FJ$70 million. This represented a significant 2.7% of the National GDP. Further, it was also appreciated by the Ministry that there are significant defects in Fiji's OHS legislation and administration systems, which contributed to the overall ineffectiveness of national OHS management activities. The three main defects are that there are too many OHS laws, too many Government Departments involved in OHS administration and that the legislation do not cover all workers, are out of date and badly structured in its design, format and language. Further, it became apparent that there is an urgent need for public authorities and social partners to change their attitude to OHS and to attach as much importance to the health of workers as to the environment in which they work. This heightening of awareness was the prime mover in the formulation in 1993 and the enactment in 1996 of Fiji's new Health and Safety at Work Act.

This awareness was instrumental in the initiative of the Minister for Labour and Industrial Relations to launch and encourage dialogue on the OHS Reform. This led the Ministry to facilitate thorough consultations with the social partners in the three year period, 1990-1992, on the urgent economical and social needs to reform the current OHS administration. This resulted in the social partners acceptance of the ILO's Pearse Report and its 23 recommendations in early 1993. The Report basically recommended for the complete overhaul of both the OHS and Workers Compensation legislation and its administration, as endorsed by Cabinet in early 1993. From the beginning, the Minister's personal commitment and political will was a determining factor. This very hard work, combined with the determination and patience of the Ministry's staff, led to the acceptance by all the social partners of the need for change and facilitated the adoption of the Act by Parliament.

The process of change was based on the 'duty of care' in an overall philosophy designed to introduce a new culture in which the employers and workers, rather than OHS Inspectors, have the primary responsibility of OHS risk identification, evaluation and control in workplaces. In this context, the OHS Inspectors are no longer 'police officers', but agents for change who play a secondary facilitative role for the social partners as advisers, mediators, conciliators, promoters, educators and trainers. This enabling strategy adopted by the Ministry of Labour strengthens the primary OHS management capability of organizations to effectively minimize their OHS risks. It emphasizes the direct involvement of employers, workers and the Government (which is represented by the OHS Inspectorate of the Ministry) in determining the policy governing action related to OHS. Within this framework, OHS Inspectors are obliged to achieve the following objectives:

i) Improving OHS Management by facilitating the establishment of OHS policies/programs and accompanying OHS management action plans in organizations.

ii) Strengthening OHS self-regulation within an organization through the setting up and training of OHS representatives and/or committees, including the training of senior and line managers.

iii) Prohibit situations likely to endanger the health and safety of workers.

iv) Penalize violations of the legislation through penalty notices or prosecutions.

v) Implement other administrative provisions of the OHS legislation.

In order to achieve these objectives the Inspectors have at their disposal an arsenal of means enabling them to acquire knowledge very rapidly of work related accidents, cases of occupational diseases and other occupational risks, wherever they occur. Inquires are then undertaken, with the intent to identify, more accurately the causes of accidents, diseases of occupational risks so as to be in a position to avoid them in the future. The prerogative to punish is based on the merit of each case.

The measures taken in the field of OHS are based on the balancing act between the spiritual elements of "grace" and "justice" ingrained in the provisions of the Act, supplemented by Regulations and Codes of Practice. This is reflected in the OHS Service Enforcement Policy of first entertaining the approach of "grace" (measures of which are advice, consultation, mediation, conciliation, promotion and training) in the implementation of the Act, with the measures pertaining to "justice" (such as the issuing of improvement notices, prohibition notices and penalty notices including prosecution) are utilized as the last resort. The Act clearly defines objectives, responsibilities, functions and structures both within the Ministry and at the workplace level.

Responsibility for OHS is entrusted to a Chief Health and Safety Inspector (this title is vested in the Permanent Secretary for Labour and Industrial Relations for administrative purposes), who is also responsible for the whole of the labour Inspectorate and for advising the Minister of Labour Industrial Relations on national, regional and international policies on OHS and related subject. A Deputy Chief Health and Safety Inspector, who fulfills the functions of the Director of National OHS Service, provides professional assistance to the Chief Health and Safety Inspector in his/her everyday duties and directs the National OHS Service. Under the Act, both the Chief and the Deputy Chief Health and Safety Inspectors have the same powers. The National OHS Service has two Divisions, the first of which is responsible for OHS Policy and Administration, and the second for OHS Field Operations. Each Division is directed by a Principal Labour Officer who supervises his/her respective three (3) Strategic Business Units (SBUs). In total, the Service comprises six (6) SBUs, while each unit comes under the responsibility of a Senior Labour Officer as its manager.

The three (3) SBU's which cover OHS Policy and Administration are mainly responsible for the administration of the OHS Education and Accident Prevention Fund, the National OHS Board, the delivery and supervision of OHS training courses for managers and workers, the consultation in the development of Regulations and Code of Practices with social partners, management of the national chemical/hazardous substance scheme, delivery of occupational hygiene services, OHS management audit, chemical audit, risk engineering consultancy, engineering design vetting, non-destructive testing (NDT) services, OHS Research and Development including the management of OHS information/statistical service. The three (3) SBU's covering OHS Field Operations are responsible for the effective application of the law and practice in all private and public sectors. The main role of Inspectors in these Units is to facilitate the setting-up of self regulating OHS management systems within respective organizations as required under the Act. This approach is implemented through a well-defined six-point OHS Management Action Plan through workplace registrations, formulation of OHS Policies, establishing OHS Representatives and/or Committees, training of managers/OHS Representatives and Committees/workers, establishing OHS Risk Identification/Evaluation/Control System and Review/Evaluation of OHS Management System. Further, they also undertake technical inspections of specified plant and machinery, investigations of workplace accidents and ill health and seeking solutions to OHS disputes.

The Occupational Health and Safety Service establishes relations in partnership with all the agencies of the public administration, with universities and non-governmental organizations whose activities are related, whether closely or not, with occupational health and safety matters. "For example, the complimentary link with the Department of Environment for the national management of hazardous substances/chemicals; with the National Health Promotion Council in promoting occupational health in workplaces; with the Fiji National Training Council in promoting productivity through better OHS risk management practice; with the Marine Department and Civil Aviation Authority for the improvement of OHS in locally registered or Government owned ships and aircrafts, with the Transport Department in improving OHS for cranes and forklifts, including public transports utilizing public roads; with the Forestry Department in improving OHS practices in logging, conveyance of logs and saw milling processes.

The National OHS Advisory Board was established in February1997 as a national co-ordination mechanism. It is of tripartite composition and is responsible for advising the Minister on matters relating to OHS; inquiring into and reporting to the Minister on matters referred to it by the Minister; liaising with the OHS Inspectorate to facilitate the development of OHS Regulations and approval of OHS Codes of Practice for the Minister's consideration; and such other functions imposed on it by the Act. This Board, which reflects the economic diversity of the country, is composed of the Permanent Secretary for Labour and Industrial Relations or his/her deputy, who acts as Chairperson of the Board, 2 deputy chairpersons one each nominated by the employers and workers, and 15 members appointed by the Minister for Labour and Industrial Relations. The appointed members are composed of 5 members representing employers organizations, 5 representing workers organizations and 5 appointed by the Government from other Government agencies, such as Health, Mining, Agriculture, Transport and Civil Aviation, Environment etc. The members of the Board are appointed for a period of 2 years and their mandate is renewable.

The underlying concern in the action that is taken to improve OHS service quality to both internal and external customers is to ultimately reduce the incidents of work related deaths and injuries, while promoting progressive OHS management practices to improve industrial relations and productivity. This is achieved through a rigorous strategic planning process at each structural level of the OHS Service. Each year, the Ministry of Labour and Industrial Relations prepares a Corporate and Management Plan in consultation with all Ministry staff, with a strategic vision to promote excellence in the Labour Market. This Corporate vision is articulated and reflected in the Management Plans of the various Services of the Ministry, which are committed and signed by the Permanent Secretary and respective Service managers. The requirement for the various Services to achieve concrete results is based on the values of professional competency and expertise, participative management culture, the provision of appropriate resources to users, strategic human resources development, emphasis on continuous improvement, customer focus, ethical in the public interest, respect for the individual and accountability.

The Director of the National OHS Service also prepares, in consultation with his collaborators, a National OHS Service Management Plan in which priorities and indicators of achievement are set out in detail for both the revenue and non revenue services. Once this Management Plan is finalized, each of the six (6) SBU's prepares, in consultation with its collaborators, a Business Plan for the unit which sets out in detail its weekly, monthly and annual work plans together with respective performance indicators for progress management by respective SBU managers. Once these SBU Business Plans are finalized, each officer within the unit prepares, in consultation with each other, their individual officer's Business Plans which sets out in detail the officers weekly, monthly and annual work plans with respective performance indicators. The SBU and individual officers Business Plans are then approved by the Director in consultation with respective Managers and becomes the basis for the performance management evaluation of the results achieved.

The Director of the National OHS Service also formulates a three (3) year program with the objective of ensuring the effective administration by the OHS Service of the relevant legislation and other standards relating to OHS and the promotion of a high standard of health and safety in all places of work. Particularly, the following objectives must be achieved during the implementation of the 3 year program:

1. Increased awareness of OHS issues by employers, workers, students and the general public through OHS promotion and training programs;
2. Improved overall standards of OHS within the private and public sectors;
3. More effective control of OHS risks through the establishment of better OHS management practices in workplaces;
4. Improvement in the overall management of the newly commissioned National OHS Service;
5. A reduction of between 5 and 10 % in work related accidents nationally;
6. The establishment and operation of OHS representatives and/or committees in 50% of workplaces nationally;
7. The establishment of a system for the collection of OHS data (deaths and injuries) through which areas requiring greater attention can be identified.;
8. The improvement of the quality of services provided to clients through the provision of better quality training to OHS inspectors;
9. The establishment and operation of an effective National Chemical Management System for assessing and controlling chemical and toxic products.
10. The establishment, on user pay basis, of essential occupational hygiene, OHS management, risk engineering consultancy, ISO 9000/14000 quality management consultancy services to clients.
11. Improvements in employer/worker relations on OHS and other work related matters.
12. Increased productivity and improved product quality resulting from improvements in OHS.
13. Effective implementation of OHS legal and administrative reforms."

The procedures are sufficient and flexible. It allows OHS inspectors to take any initiative or introduced any innovation to resolve OHS problems wherever they arise. However, the role of the inspectors is a facilitative secondary one to augment the primary role played by the OHS representatives and/or OHS committees in the workplace. Specifically, the Act calls for the appointments of persons responsible for OHS in enterprises and establishes the composition of OHS committees including the election of OHS representatives, as well as their roles and functions. By way of illustration:

1. In workplaces where less than 20 workers are employed, a majority of workers at the workplace may appoint an OHS representative for that workplace;
2. In workplaces where there are 20 or more workers employed, it is compulsory for the employer to establish an OHS committee for that workplace with at least half of the committee to be appointed by the workers;
3. Workers representatives and the members of the committees must have sufficient experience with essential accredited OHS training provided for them by the employers to fulfill their functions. This obligation makes it possible to guarantee the optimal functioning of these bodies, which are not obliged to refer systematically to higher management levels to take the necessary decisions for the improvement of conditions of work in the field of health and safety;
4. Enterprise managers are required to give OHS representatives and members of OHS committees time-off so that they can fulfill their functions and attend approved training without any reduction of their wages;
5. Safeguards are envisaged to prevent any abuse of their powers by members of OHS committees or OHS representatives in the exercise of their respective responsibilities; and
6. Guarantees are envisaged to prevent any act of discrimination against workers acting in their capacity as OHS representatives or members of OHS committees.

Action in the field of OHS is based on the several tools developed by the Service. OHS Codes of Practice, which are approved by the tripartite National OHS Board and gazetted by the Minister, are formulated for employers, workers and OHS inspectors. These Codes of Practice do not have a legal character and cannot in any event replace the Law. They are designed to guide the OHS inspector, employers and workers in achieving the observance in practice of the Law and Regulations. An OHS management audit guide developed by the Service for employers and workers, known as SMART (Safety Management Assessment and Review Tool), assists managers and workers in auditing their workplace OHS management system in order to identify more effectively the health and safety problems (management and operational) at the workplace which require immediate and long term action. This emphasis on OHS management is essential since at least 80% of the total causes of poor OHS performance or productivity or quality results from poor OHS management system. The remaining 20% normally results from personal factors of the workers which can be also minimized through effective OHS training. Furthermore, an explanatory guide has been prepared for small businesses to improve their understanding and therefore the observance of the provisions of the Law. Similar advisory guides are currently being developed to specifically target employers (managers), workers, OHS representatives/committees, importers, suppliers, installers, schools and the self employed. For effective OHS promotion and training, the Service has designed a series of targeted OHS training packages in accordance with the provisions of the Act utilized for the training of senior managers, line managers, workers and OHS representatives and committees. To improve the overall administration efficiency for OHS inspectors, the Service is currently developing a number of OHS management manuals with respect to inspectors field services functions, investigations/prosecutions procedures, standards development, engineering inspections, financial procedures, consultancy services, enforcement policy, quality policy and OHS Service code of ethics.

Public information on the progress achieved in the field of OHS uses the traditional channels of communication such as the radio, daily newspapers, television and the Government information bulletins. For the targeted social partners market both nationally and internationally, the Service has established a quarterly OHS newsletter called the "Lali", launched in 1998. Furthermore, to improve its image and raise awareness of its activities as widely as possible, the OHS Service has developed and utilized a slogan and a logo.

The paradigm shift and pragmatic approach of the reformed OHS Legislation demanded transformation in the management culture of OHS, both within the Ministry and at the workplace. In the Ministry, this necessitated the initiation in 1997 of the organizational life-cycle growth and transformation of the Service from the former Factories Inspectorate organization structure to the new National OHS Service organization structure and management system commissioned in 1998, as explained under Paragraphs 5 and 6. In order to introduce the appropriate participative management culture within the Service compatible with the functions of the new Health and Safety Inspectors under the Act, the Ministry embarked on an aggressive and strategic human resource development (HRD) program for both serving and newly recruited inspectors. Under Section 41 of the Act, the Health and Safety Inspector is required to be a "suitably qualified person", as defined under Section 5 (1) as "a person deemed by the Public Service Commission to satisfy the requirements for relevant occupational health and safety training, education and experience". In view of this requirement, the Service embarked on an intensive HRD for its staff since 1990 in the form of formal tertiary education (at the certificate, diploma, degree and masters level), skills training, and through workshops, seminars and conferences on OHS and management, while developing the inspectors experience under the OHS legislation in addition to the early OHS experience in their former workplaces or under the former Factories Inspectorate. In addition to the required qualifications, the Act also specifically covers job descriptions, duties and obligations and the manner of appointing inspectors who are responsible for protecting and promoting occupational health and safety. Strategic HRD of staff is utilized as a change agent in the transformation of both the organization structure and the management culture of the newly commissioned National OHS Service to implement the new Act. To facilitate this change, the Director of the National OHS Service demonstrated a strong visionary leadership and commitment to participative management practices in order to improve our service quality delivery. Consistent with this management culture is the empowerment of SBU managers along clearly structured SBU Business Plans. This systems approach through the SBU's is designed to facilitate the shift in the corporate culture of the OHS service from its current bureaucratic form to a market/customer responsive management culture. Thus, preparing the way for the corporatisation of the OHS Service in the near future. Enhancing this shift, the OHS service started to document its management processes in 1998 to ISO 9000 quality standards. With regards to HRD, the continuous training of the inspectors is regarded as essential in order for them to keep their knowledge and practice up to date, particularly with regard to newly introduced OHS risks associated with imported or locally manufactured plant and substances and the toxic products. The inspectors enjoy very broad autonomy in accordance with their Business Plans which they have helped to formulate. Their work is evaluated and the results recorded on the basis of the objectives set out in the Management Plan and Business Plan for the unit. Managers responsible for the unit are also evaluated as a function of the Management Plan.

National action in the field of OHS is financed by the annual OHS budget as approved by Parliament. For example, in 1998 Parliament approved a total budget of FJ$1.184 million, comprising FJ$519,000 capital budget and FJ$665,000 operating budget. The capital budget covers motor vehicles, computers, fax, photocopiers, office equipment and occupational hygiene equipment. The operating budget covers staff salaries, travel and communications, maintenance and operations, purchase of goods and services for effective OHS administration. However, the Act also sets up an Occupational Health and Safety Education and Accident Prevention Fund under Government's Consolidated Trust Fund for the sole purposes of health and safety education, training, research and promotion at workplaces. Being a Trust Fund, it is directly managed by the Minister on the advice and trustee of the National OHS Advisory Board. This Fund is financed by:

1. Subsidies from Parliament;
2. Annual taxes for the registration of enterprises with 20 or more workers;
3. Payments for the services provided by the National OHS Service in terms of OHS training, statutory engineering inspections of plant and machinery, non destructive testing (NDT), OHS risk engineering consultancies, occupational hygiene services, OHS management audit and related OHS consultancy services;
4. The sale of OHS publications developed by the OHS Service; and
5. The use of the Ministry's training centre for OHS Service training for clients.

However, this Fund has not been established to-date due to the current ruling by the Ministry of Finance to utilize all the revenue injected into the Fund in 1998 and 1999 in order to help the Government pay its debt. The total Fund revenue collected in 1998 amounted to FJS406,722 with the 1999 figure expected to reach at least FJ$600,000. It is envisaged that the current Labour Government will finally establish the Fund to its original purpose under the Act in order to improve the effectiveness of OHS administration nationally and at the workplace levels.

The results achieved by the National OHS Service is analyzed and evaluated on the basis of several elements. In the first place, the legislation authorizes the collections from establishments of statistical data and any other information on OHS issues. This is complemented by a separate set of statistical data on workers compensation injures and death reported to the Ministry on an on going basis. The compilation and analysis of these OHS and workers compensation data is an important element in determining the prevention strategies at the enterprise level and for whole industries at the national level. For the adoption of preventive measures, it is important for the Director to have statistics on accidents rates and the use of dangerous products and toxic substances. The compilation of statistics at the national level makes it possible to reorient prevention strategies at the workplace, in industries and generally at the national level. In the second place, monthly reports describing the results obtained and identifying sectors in which difficulties have been encountered are submitted to the Director by the managers responsible for the six (6) SBU's. An analysis of these reports makes it possible to identify the measures that need to be taken to remedy these difficulties and to ensure the quality of follow-up action. Finally, the impact on target groups of the measures taken is evaluated in relation to the objectives set out in the Management Plan. The primary performance indicator of an effective OHS legislation and administration is a favourable or declining national rate of injury or occupational disease, as intended in the OHS Reform currently undertaken by Fiji.

In conclusion, the following vital success elements are isolated from Fiji's OHS reform experience since its inception in l989:

• Strong conviction, commitment and initiation to undertake the OHS Reform agenda from the Factories Inspectorate and senior managers of the Ministry in 1989/90.
• Strong commitment and initiative for the OHS Reform by the Minister for Labour and Industrial Relations, thus ensuring the essential political will in the Government of the day.
• Timely response from ILO at the request of the Government to provide consultancy in reviewing Fiji's OHS and workers compensation legislation and administration systems.
• Efficient and effective secretariat service by the Factories Inspectorate to promote and facilitate the OHS Reform agenda with the social partners along clearly defined OHS and workers compensation reformed guidelines recommended by the consultants.
• Endorsement and commitment in the vision and principle of the OHS Reform by the social partners which resulted in the Government's political will to undertake the Reform.
• The local ownership and ease in the implementation of the OHS legislation due to the first draft Health and Safety at Work Bill 1991 being undertaken by a local rather than an expatriate and finally refined by Fiji's social partners after thorough consultations.
• However, to exploit the expertise of developed countries, Fiji's first draft Bill was developed with the kind assistance of Worksafe, Australia and Workcover Authority, New South Wales, who have access to other national OHS information and experiences to refine the legislative provisions for Fiji before the final amendments of the Bill by the social partners.
• Complementing the development of the Bill in 1991, clear strategic vision was put in place and materialized through proactive time-tabling of the measures to ensure the effective implementation of the OHS Reform after the Bill is enacted by Parliament. For example, in l991 a strategic HRD plan for the Factories Inspectorate and the rest of the Ministry staff was designed to be implemented throughout the next 5 to 10 years to facilitate both the OHS and Workers Compensation Reforms. The first training for all Ministry staff on the Bill and the OHS Reform was delivered in 1991 by Workcover Authority (NSW) trainers. Other donor and training organizations involved in the intensive HRD of Fiji's OHS and Ministry staff included Worksafe Australia, AusAid, Ballarat University, Sydney University, New Castle University, Safework Queensland, Brual and Kjaer, KKS Instruments, JICA and Queensland University to Technology.
• Early commencement of OHS promotion and training by the OHS Service for the private and public sector senior managers. This program started in 1994 as the Bill was first read in Parliament. Between 1994 and 1996 the Inspectorate launched an intensive OHS training program based on the underlying philosophy of the Bill rather than on its contents which were finalized in its Act form later. The voluntary formation of OHS Committees by proactive employers at this stage is also a significant contribution to the minimization of OHS risks in these organizations. During these early OHS promotion and training, copies of the Bill were circulated to participants for early familiarization and the grasping of the paradigm shift and management culture demanded by the Reformed Legislation. After the Bill is enacted on 28 June 1996, a second series of OHS training was implemented by the Service focussing both on the philosophy and contents of the new Act for the application of managers and workers. The basic strategy of training in both series is the targeting first of CEO's and managers before focusing on workers, including OHS representatives and commitment members. The vital OHS management training also includes workshops on developing OHS policies and programs, including OHS management systems within an organization.
• The timely commitment by the Government to supply adequate financial, staff and material resources in order to kick-start the new OHS administration through the commissioning of the new National OHS Service in 1998, after the intensive proactive HRD of staff since 1991.
• The strong participative and consultative leadership style of the Director and its accompanying corporate culture which facilitates the on-going transformation of the National OHS Service from a bureaucratic to a customer driven organization.
• The rigorous strategic planning process at each structural level of the Ministry and the National OHS Service since 1996, after the Bill is enacted by Parliament, ensures productivity through effective utilization of meagre resources by the Service.
• The provision of the one year grace period in the enforcement of the new Act after being passed by Parliament in order to give social partners adequate time in adjusting to the new duties imposed upon them by the new Act. The OHS Service facilitates the social partners adjustment through targeted OHS promotion and training including advisory services.
• The proactive enforcement policy of the National OHS Service in first entertaining the "grace" element in its approach (i.e. advise, promote, train, consult, coach, mediate, conciliate) before utilizing its "justice" element (i.e. improvement notices, prohibition notices, penalty notices or prosecution) as the final resort creates a conducive and enabling environment for the much needed OHS management and attitudinal culture change at the workplace, industry and national levels.
• Strong commitment by the social partners in implementing their respective responsibilities under the Act, both at the enterprise and national levels, to ensure a safe and healthy workplace for everyone.
• Last but not least, all the social partners finally share the same conviction in the prime importance of human beings as the most important resources in Fiji's social and economic development now and in the next millennium.

From our statistical records, it was pleasing to note that there was a consistent and significant decline in Fiji's workplace accident rates between the years 1996, 1997, 1998 and the first quarter of 1999, after the high rates prior to 1996. This can only confirm the continuing improvement in the injuries /accident rate for Fiji's workforce since the new Act came into force. This is a clear testimony of the collective effectiveness of the above listed key success elements in Fiji's OHS Reform experience, as summarized in this Case Study. The drastic decline in the accident rates for the years after 1996 is significant because the Ministry was expecting an increase in accident reports as a result of the aggressive OHS promotion and training under the new Act. In conclusion, the significant reduction in work related accidents recorded up to now bears witness to the effective and efficient application of the measures which have been adopted by the Service in Fiji in the field of Occupational Health and Safety.