Pago Pago, AMERICAN SAMOA — Just a day after the Senate unanimously passed a bill which would create an agency within the Governor's Office to provide — among other things — training and education for local employers to help mitigate workplace safety issues, Lt. Governor La’apui Talauega E.V. Ale held a discussion with U.S. Department of Labor Assistant District Director Min Kirk and Wage & Hour Division Investigator Caleb Weeks on Wednesday, Sept. 18.

 The discussion, according to a press release issued by the government, focused on rebuilding relationships between the territory and the Department of Labor, aiming to enhance communication with neighboring islands and ensure compliance with the Fair Labor Standards Act (FLSA).

Assistant District Director Kirk emphasized the importance of this initiative, stating, “Our goal is to build a stronger foundation for collaboration and transparency between workers and government entities. We look forward to supporting American Samoa in these efforts.”

Assistant Director Kirk mentioned that they will be meeting with the Attorney General's Office to discuss various ways the agency can support contractual approaches to ASG employees, and they will also hold workshops with the Department of Human Resources about federal laws and policies.

Lt. Governor La’apui expressed his appreciation to the U.S. Department of Labor representatives for their visit and highlighted the importance of fostering such connections.

BACKGROUND

The services offered by the new local agency would include identifying safety and health hazards in workplaces, providing guidance for employers to control or eliminate these hazards, establishing or improving workplace safety and health programs, and helping employers understand the requirements of the Occupational Safety and Health Act.

“This proposed bill is crucial as it safeguards not only the interests of local companies and employers but also the livelihoods of employees who may sustain injuries while performing their duties,” explained Senator Malaepule Saite Moliga during the Senate hearing on the issue on Monday.

He further emphasized that the bill would protect local employers and the government from liability arising from false or unproven claims by employees. According to Malaepule, the agency will work in consultation with OSHA under a cooperative agreement.

Senate Government Operations Committee Chairman, Senator Togiola T.A. Tulafono, clarified that the proposed agency’s primary function is to collaborate closely with private businesses.

This collaboration aims to ensure that when OSHA representatives conduct on-site inspections, all requirements under OSHA regulations and to which laws are fully adhered.

According to the bill's preamble, “in addition to overseeing and enforcing workplace safety and health standards, OSHA instituted an On-Site Consultation Services Program that specializes in providing free and confidential on-site safety and health advice to private businesses.”

It explained that "private businesses may voluntarily contact the Workplace Safety Office to engage in the On-Site Consultation Services Program free of charge, to receive a review of their workplace safety and health plans, and the employer shall then make the necessary changes needed to bring them in compliance with all OSHA regulations and laws.

“While the employer participates in the On-Site Consultation Services Program and makes the necessary changes, OSHA enforcement will not cite them for violations of OSHA law.”