Pago Pago, AMERICAN SAMOA — The Senate unanimously passed in final reading on Tuesday, a bill which would create an agency within the Governor's Office to provide consultation services, including training and education for local employers to help mitigate workplace safety issues.

The bill, introduced by Senator Malaepule Saite Moliga, was discussed in a hearing on Monday.

During the hearing, Senator Malaepule explained that the proposed agency aims to assist private sector employers in avoiding citations from the Occupational Safety and Health Administration (OSHA).

The agency will achieve this by offering consultations and training, as well as identifying worksite deficiencies that could result in OSHA fines. Malaepule said the language of the bill is based on OSHA provisions.

The services offered by the agency will 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.

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.”

Senator Muagututi’a Tauoa inquired about the financial benefits an employee would receive if they sustained an injury while performing their duties.

Togiola explained that this situation falls under the Workman’s Compensation Act. According to this act, any employee who sustains an injury on the job that prevents them from working is entitled to receive funds from the insurance scheme, regardless of who is at fault for the injury.

He added that this legislation covers injuries sustained not only during work hours but also during the commute between an employee’s home and the workplace.

Senator Satele Aliitai Lili'o was concerned that the creation of a new agency would add more costs to the government.

However, the bill states that the "Workplace Safety Office must submit a Cooperative Agreement application to the OSHA Office. If approved, OSHA will provide all necessary training for the Workplace Safety Office and fund its operation including salaries for personnel.

“American Samoa businesses have been penalized for numerous OSHA safety and health hazards in the past.

In 2023 alone, American Samoa businesses were initially penalized approximately $1,224,377.

“In 2024, American Samoa businesses were initially fined $254,075.

“With a Workplace Safety Office within ASG, we can help our local businesses avoid these high penalties associated with OSHA,” the bill concluded.

Also in the Senate on Tuesday, members passed an appropriations bill in its final reading, allocating $75,000 to cover settlements of court cases against the government.

Of this amount, $50,000 is designated to settle a lawsuit filed by the parents of a girl who drowned at the Pala Lagoon swimming pool in June 2018.

The remaining $25,000 is for the settlement of a case between Teetai Penirosa Fanene and the American Samoa Government (ASG) and Department of Education, filed under the Government Tort Liability Act.

(The Territory’s Tort Liability Act allows the government to be sued for personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his/ her employment.)

It should be noted that currently all local OSHA cases necessitate contacting the OSHA office in Hawai’i to investigate and levy fines if found necessary.