Ergonomics and Organization of Work, vol 4 No.3, December 1997Labour administration in Fijiby Stanley Williams, ILO |
Labour market reform
With the impact of economic globalisation on its small domestic labour market, the Fiji Government is urgently reviewing and reforming country's labour policies so that improvements will take place before the start of the next millennium. The vision is to promote excellence in the labour market in terms of the social and economic well-being of the country and its people. The reforms cover areas of occupational health and safety (OH&S), workers' compensation, employment and industrial relations.
Health and Safety at Work Act
In June 1996 the Parliament of Fiji passed into law a Health and Safety at Work Act to replace the previous Factories Act and other related legislation. The provisions of the new Act are being phased in over a period of about 18 months the Minister of Labour and Industrial Relations issued a Gazette Notice which bought into force the administration provisions of the Act on 1 November 1996 and provided for the enforcement provisions to come into force on 1 November 1997.
Enforcement was delayed in order to allow a grace period of one year in the case of such matters as the appointment of the Occupational Health and Safety (OH&S) Advisory Board and OH&S Representatives and Committees, and the provision of training to employers, workers and their representatives, and further training for Inspectors. The Act is comprehensive in its coverage and identifies the duties of employers, workers and other persons in respect of the health and safety of people at work and those visiting workplaces.
OH&S board
A new Occupational Health and Safety Advisory Board was appointed as of 11 February 1997. The Board is tripartite and has five representatives each of workers, employers and government. The Permanent Secretary for Labour and Industrial Relations (also the Chief Health and Safety Inspector) is Chairperson of the Board.
The functions of the Board include advising the Minister on OH&S matters and the development of national health and safety regulations, standards and codes of practice, to be undertaken in liaison with the Health and Safety Inspectorate.
The Board is faced with a heavy programme of work over the next five years, and the Inspectorate will likewise be kept busy preparing draft regulations, etc. for consideration by the Board. Draft regulations are currently being prepared in respect of the following:
(i) Health and Safety Representatives and Committees
(ii) Administration
(iii) General Workplace Conditions
(iv) Commercial Diving
(v) Assessment and Control of Chemicals
(vi) Training
(vii) Issues Resolution.
Advisory Guides are being prepared as follows:
(i) Management of OH&S
(ii) OH&S Act General Guide
(iii) Employer and Worker Guides
(iv) A Guide for Schools and Colleges
Employer and worker training
Because of the changes to the future management of occupational health and safety, as outlined in the Act, a substantial programme of training and information is required for employers and workers if the Act is to be implemented effectively. Emphasis is on self- regulation, and in line with this policy provision has been made for the appointment of Health and Safety Representatives and the establishment of Health and Safety Committees. To date, nearly 150 one-day OH&S management workshops have been held for senior and middle-level managers in the private sector; participants have included, for example, chief executives and managing directors. A programme of no less than 40 similar workshops for public sector managers is currently under way. The workshops have included discussions on the various provisions of the Act and consideration of a six-point plan for managing OH&S. Each workshop has been attended by an average of 20 persons.
The training of health and safety representatives and committee members will take place after promulgation of the relevant regulations, which were recently approved by the Board. This again will involve the Inspectorate in a substantial programme of workshops in order to cover functions and duties of those involved in such activities as workplace inspections, hazard audits and accident investigations.
Health and safety representatives and committees will play an essential role in the new OH&S management process. How they operate and what they do will have a crucial impact on the success of the changes and, in particular, on the reduction of work-related injuries and illnesses.
Appointment and training of OH&S Inspectors
Health and Safety Inspectors are to be appointed under the Act. The functions and powers of Health and Safety Inspectors are substantially differentfrom those required for administering the old Factories Act, and they encompass a much wider range of knowledge and skills. The core functions require an Inspector to be a multiskilled facilitator, advisor, consultant, conciliator and trainer while still retaining the previous inspection and enforcement roles.
The changes mean that Inspectors must undergo training so that they can develop the knowledge and skills required for their new roles. A number of Inspectors have received OH&S Certificate level training at Ballarat University, Australia, and others are currently taking this course. Three completed their OH&S post-graduate training and attachment in Australia in 1996, while three more will complete theirs at the end of this year. A further three will receive similar training in 1998. These specially trained Inspectors currently form the core of the OH&S Implementation Team working with the ILO/VSA Consultant on the Development of OH&S Regulations and Codes of Practice, training, management advice etc. under the new Act. However, the availability of overseas training will cease in the near future, and a locally based training programme is currently being developed for Fiji. Local field training is also necessary, bearing in mind that enforcement of the Act will start on 1 November 1997.
Regulations and Codes of Practice
Mention has already been made of the regulations being considered by the Board. There are many others still to be drafted. Codes of Practice will also be required, particularly in technical areas such as construction, agriculture, manufacturing, transport and power supply. There is also a need for education material and guides for employers, workers, schools and colleges, and the general public on a variety of OH&S topics. The Inspectorate and Board are required to progressively replace the provisions of the Factories Act and other related legislation with Regulations, Standards and Codes of Practice before 1 November 2001.
Implementation resources
The OH&S Service has prepared and is currently pursuing a proposal on necessary resources (motor vehicles, equipment, etc.) to ensure effective implementation and enforcement of the Act. Also included in the draft Administration Regulations are provisions to enable charges to be made, on the user-pay principle, for certain services provided to clients by the Inspectorate.
Workers' Compensation Bill
The existing Workman's Compensation Act has been the subject of review for some time, and a draft Workers' Compensation Bill has been prepared. Consultations on the Bill are currently taking place with the employer and worker organizations and other interested parties before it is placed on the agenda of the Labour Advisory Board (LAB). The LAB is a tripartite body, to which labour-related matters (with the exception of OH&S) are referred for consideration prior to their submission to the Minister.
Employment Act Review
A review of the Employment Act 1965 is also under way. An "issues" paper has been prepared, and this document indicates that there are many matters requiring attention. These matters concern, for example, minimum wage, leave entitlements, equality of treatment and personal grievance procedures. Interested parties including the Department of Women and Culture, the Employers' Federation, and the Trade Union Congress have been invited to make submissions on matters that they consider should be included in the review.
General remarks
There is a great deal of work to be done in order to upgrade the standards of occupational health and safety, general employment conditions and workers' compensation. However, some real progress is being made and, given more time, there will be visible improvements in areas such as the reduction of work-related accidents and illnesses and improved employer-employee relations. These improvements will be reflected in increased productivity, in the standard of living enjoyed by workers and their families, and in the promotion of employment opportunities.
Stanley Williams
ILO Adviser
International Labour Organisation
Office for the South Pacific
Suva, Fiji
Fax: 679-300 248