exempted employers
Exempted Employers
in American Samoa
An exempted employer is an employer or business not required by law to secure and acquire a workmen's compensation insurance coverage for its employees. They are exempted from workmen's compensation liability. Although they are exempted, they are still required to file a compliance certificate with the Commission (mainly a Certificate of Exemption Coverage).
Employers considered exempted under the law are as followed:
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Minor Employer - an employer with 2 or fewer employees regularly employed. However, the right of an employee to file a written complaint before the Commission against such employer engaging in an occupational hazardous to employees cannot be denied.
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Any person employing individuals for whom a rule of liability for injuries or death arising out of and in the course of employment is provided by the laws of the United States.
Right of Employee to File Complaint against a Minor Employer:
Any employee employed under a minor employer has the right to file an official complaint before the Commission against such an employer if it engages or condoning any occupational hazards which may affect or jeopardizes the safety or health of its employees. No minor employer shall deny or impede an employee from facilitating and raising such complaints before the Commission. These occupational hazards may include but not limited to the following:
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Failure or neglect of the employer to address and provide all necessary proper safety equipment, tools, protective gears to prevent work injuries.
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Failure or neglect of the employer to provide the necessary tools and proper safety equipment required by employees to safely execute their tasks and duties.
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Failure or neglect of the employer to provide crucial and necessary repairs and maintenance of all defective tools and equipment on a timely manner, or on a regular basis.
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Failure or neglect of the employer to address and promote a safe working environment for all of its employees, including failure or refusal to rectify any evident health and safety risks within working conditions, especially of knowing full well such conditions are both hazardous and unsafe for its employees.
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Failure or neglect of the employer to adequately address the development and maintenance of all proper safety protocols, guidelines, and policies for its employees to follow.
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Failure or neglect of the employer to institute immediate reproach and solutions to resolve an increase in employee accidents due to failure of employer to enforce safety policies, protocols, and guidelines, as well as consistent safety briefings.
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Failure or neglect of the employer to continually evade or circumvent safety requirements and compliance guidelines and standards as set by USDOL - OSHA, or other related local agencies on injury prevention and employment safety.