Part IX of the Employment Act (Chapter 373) is headed Health and Welfare. Its obligations scale with the number of employees and accompanying dependants employed or accommodated at a place.
Section 128 — medical supervision
| Employees and accompanying dependants at the place | The employer shall provide |
|---|---|
| More than 800 | A medical practitioner and a medical aid — whose full-time duty is the medical care of employees and their accompanying dependants |
| 400 to 800 | A medical aid or a health extension officer, on the same full-time basis |
| 50 to 400 | A medical aid or a health extension officer |
| 10 to 50 | A person holding a current First Aid Certificate issued by the Department of Health, or higher medical qualifications |
Subsections (1) and (2) do not apply to a place within reasonable distance of a hospital conducted by a medical practitioner, medical aid or nurse registered under the Medical Registration Act whose services are available to the employees and accompanying dependants.
But a medical practitioner may, by written notice, declare that a place is one to which that exception does not apply — restoring the obligation. And the Secretary may, with the approval of the Secretary for Health, exempt or modify by written notice, subject to conditions.
Section 129 — sick wards and hospitals
(a) where fewer than 400 employees and accompanying dependants are employed or housed — a suitable, well-ventilated building for use as a sick ward; and
(b) where 400 or more are employed or housed — a building approved by the Secretary for Health or a medical officer for use as a hospital,
for the medical treatment of employees and accompanying dependants.
Section 129(2) disapplies the obligation where fewer than 10 are employed or housed, or where the place is within a reasonable distance of an available hospital. As with section 128, a medical practitioner may by written notice declare a place to be outside that exception, and the Secretary may exempt or modify with the approval of the Secretary for Health.
Section 130 — treatment, and who pays
At the request of an employee or an accompanying dependant who resides at or adjacent to the place of employment, the employer shall make or cause to be made all necessary arrangements for the treatment or hospitalisation of that person.
| Situation | Cost |
|---|---|
| Treatment provided by the employer at the place of employment | Free of charge to the employee — s 130(2) |
| All necessary treatment for an employee on an attested contract and accompanying dependants | Free of charge, provided by the employer — s 130(3) |
| Attested contract, treated away from the place of employment, where the illness was occasioned by neglect or fault, or by refusal or failure to use the medical aid provided | Employer not liable — s 130(4) |
The exclusion applies only where all three elements are present: an attested contract, treatment at a place other than the place of employment, and either neglect or fault or a refusal or failure to use the medical aid provided by the employer. It does not cut down section 130(2), under which treatment at the place of employment is free in every case.
Section 130(5) to (7) — getting there, and the statement
Where the employer arranges treatment or hospitalisation, it shall, if the employee or accompanying dependant so desires:
(a) arrange necessary transport and other facilities; and
(b) take all reasonable steps to ensure the health, comfort and well-being of the person during any necessary travel.
Where hospital or other treatment is necessary, the employer shall provide the person responsible for the treatment with a written statement setting out:
(a) the name and address of the patient; (b) all details of the symptoms; (c) the nature of any treatment already given; (d) any other relevant details; and (e) the name and address of the employer.
And under section 130(7), the employer shall comply with all reasonable directions given by a medical practitioner, medical assistant or health extension officer in relation to any matter affecting the health, treatment or hospitalisation of an employee.
Naming the employer on the statement puts the treating facility on notice of who is responsible. Ask for a copy of the section 130(6) statement — it is a contemporaneous record of the symptoms and of the employer’s involvement, and it is useful later in a workers’ compensation claim or a dispute about sick leave.
Section 127 — work an employee is not fit for
An employer who knowingly requires an employee to perform work for which he is not physically fit is guilty of an offence. Penalty: a fine not exceeding K500.00 — the highest in the Act.
See also section 131 on the medical examination required before an attested contract is approved, and section 5, under which the Minister may declare work to be heavy labour by National Gazette notice.
Injuries arising out of employment
Sick leave under section 65 expressly excludes illness or injury arising out of or in the course of employment. That belongs to the workers’ compensation scheme, which is separate legislation. Section 6 of the Employment Act confirms that the Act does not relieve an employer of any duty or liability imposed by any other law.
If you are hurt at work: report it immediately, ask for the workers’ compensation forms, get treatment recorded, and keep the section 130(6) statement and all medical documents.
Practical steps
- Count the population at the place — employees and accompanying dependants — and check it against the section 128 and 129 thresholds.
- Ask what medical cover is provided, and whether an exemption notice exists under section 128(5) or 129(4).
- Make the request under section 130(1) in writing where treatment is needed.
- Ask for transport under section 130(5) — it is available “if the employee so desires”.
- Ask for a copy of the section 130(6) statement.
- If the injury is work-related, do not treat it as sick leave — pursue workers’ compensation.
- Report inadequate facilities to a labour officer; section 142 allows inspection of medicine supplies and sanitary arrangements without notice.
Sources
- Employment Act (Chapter 373) — ss 5, 6, 8, 65, 127–132, 142; Part IX
- Medical Registration Act — PacLII 1986 Revised Edition
- Kinaram v Vanimo Forest Products Ltd [2011] PGNC 137; N4413
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.