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Topic 03 - Saudi Arabia Regulations

IHS 514 Documents

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0% found this document useful (0 votes)
43 views34 pages

Topic 03 - Saudi Arabia Regulations

IHS 514 Documents

Uploaded by

imran_chaudhry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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IHS 514

SAFETY, HEALTH &


ENVIRONMENTAL LEGISLATION
IHS 514 - Safety, Health & Environmental Legislation
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IHS 514 - Safety, Health & Environmental Legislation
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Health & Safety Regulations in Saudi Arabia
• Ministry of Human Resource and Social Development (MHRSD) is responsible for
the implementation of Health and Safety Regulations in Kingdom
• Saudi Labor Law issued in 2005 and recently amended sets out certain H&S
procedures that employers must adhere to
• Starting June 2018, Ministry has begun inspecting companies that employ more
than 49 people to ensure their compliance with the National Strategic Program for
Occupational Safety and Health (OSH)
• All companies will be required to have an occupational safety policy to organize
work violating any the regulations will result in a fine of SR10,000
• Current obligatory OSH involves implementing an occupational safety and health
strategy

IHS 514 - Safety, Health & Environmental Legislation


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Health & Safety Regulations in Saudi Arabia
• Part VIII of the Saudi Labor Laws deals with protection against occupational
hazards, major industrial accidents and work injuries, and health and social services
• In general, an employer is required to provide a healthy work environment for its
workers that is devoid of any causes for occupational diseases, accidents or injuries
• An employer must minimize the danger of tools and equipment used on site and
prevent the occurrence of any accidents to maintain the H&S of humans and protect
properties from being damaged or destroyed

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GENERAL REGULATIONS
IHS 514 - Safety, Health & Environmental Legislation
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Labour Codes, General Labour And Employment Acts
Part I - Definitions and General Provisions (scope, language to be used, workplace records, etc.)
Part II - Organization of recruitment (employment units, employment of persons with disabilities, private recruitment offices)
Part III - Employment of Non-Saudis
Part IV - Training and qualification
Part V - Labour relations (labour contract, employers and workers' duties, discipline, termination of labour conntract)
Part VI - Working conditions (wages, working hours, rest periods, leaves)
Part VII - Part-time work
Part VIII - Protection against occupational hazards, major industrial accidents and work injuries, and medical and social services
Part IX - Employment of women
Part X - Employment of minors
Part XI - Maritime labour contract
Part XII - Work in mines and quarries
Part XIII - Labour inspection
Part XIV - Commissions for settlement of labour disputes
Part XV - Sanctions
Part XVI - Final provisions

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8
Employer Obligations
• Maintain the worksite in a clean and hygienic condition, provide adequate lighting,
supply drinking and washing water, provide antiseptics and provide appropriate WCs
• Take the necessary precautions to protect the workers against hazards, occupational
diseases
• Post in a prominent place in the workplace the instructions related to work and
workers safety in Arabic in addition to any other language understood by the workers
• Train the workers on using safety tools
• Appoint a supervisor to educate the workers on H&S procedures, make regular
inspections to ensure the safety of equipment and supervise the performance of H&S
rules

IHS 514 - Safety, Health & Environmental Legislation


9
Employer Obligations
• Inform the worker, prior to engaging in the work, of the hazards of his job and require
him to use the prescribed protective equipment
• Supply the workers with the appropriate personal gear and train them on their use
• Provide the technical means to combat fire including fire extinguishers and safety exits
which shall be maintained in working condition at all times, post in a prominent location
in the workplace detailed instructions for fire prevention devices
• Prohibit smoking at the workplace
• Make available one or more medical aid cabinets, supplied with medicine and other
necessities required for first aid
• Assign one or more physician to provide, at least once a year, a full check-up to its
employees that are prone to occupational disease and record the results in specified
records and in the worker’s files
IHS 514 - Safety, Health & Environmental Legislation
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Employer obligations
• Provide appropriate healthcare
• For more than 50 workers, provide a full-time paramedic and provide a first aid
room
• For more than 500 workers where the worksite is located at least 10 kilometers
away from the nearest medical unit, provide an ambulance for transporting injured
workers

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11
Worker Obligations
• Follow H&S instructions and guidelines
• Use and maintain the prescribed protective gear
• Take precaution when performing work to prevent injuries
• Inform employer of dangerous places

IHS 514 - Safety, Health & Environmental Legislation


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Safety Supervisor Obligations
• Regular inspection of workplace
• Investigating work injuries
• Supervising the procurement of appropriate personal protective gear
• Educating workers on preventative measures
• Prepare accurate statics on work injuries
• Become a member with the occupational safety committee
• Supervise the implementation of occupational safety programs

IHS 514 - Safety, Health & Environmental Legislation


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Minors
• Can't employ workers who are less than 15 years old
• Cannot work in dangerous jobs such as mines and quarries and hard labor
• Cannot work more than 6 hours regularly or more than 4 hours during the holy
month of Ramadan

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Construction
• Work hours reduced to 7 hours
• Personnel working 6 feet and higher above the ground must be provided with safety
belts attached to a secure spot that can withhold the worker's weight in case he falls
• Workers working at ground level must be provided with hard ha

IHS 514 - Safety, Health & Environmental Legislation


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Mines and Quarries
• Worker must be at least 18 years old and male
• Worker must be physically fit with full medical check-up prior to commencing work
• Cannot exceed 7 hours work underground and total working hours can’t exceed 10
hours
• Employer must maintain a record of employees entering the worksite and leaving
• Employer must establish a safety point close to the worksite that is equipped with
emergency and safety tools and communication devices.
• Employer must hire a technical worker trained to supervise first aid and safety
procedures
• Employer who has more than 50 workers must prepare a room that is equipped with
safety and first aid tools, a nursing room and a changing room
IHS 514 - Safety, Health & Environmental Legislation
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Weather restrictions
• It is generally prohibited to let a worker work outdoors between the hours of 12 pm
to 3 pm from 15 July to 15 September of each year
• If the work is done outdoors, the employee must take the necessary precautions
and provide the safety measures prior to commencing work during extreme weather
conditions, heavy rain or hale

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Work Injury or Occupational Disease
• In the event of a work injury or occupational disease, the employer must treat its injured or
occupationally sick worker, including those of whom have relapsed or had complications, and
incur all necessary charges including but not limited to hospital stay, medical tests and x-rays
• Employers are obliged to provide monetary support to injured or occupationally sick workers
depending on the worker's while being treated
• Additionally, where a worker dies or has been permanently disabled, the employer must
provide compensation equal to 3 years' wage provided that this is not less than SAR 45,000
• In addition to worker's compensation, the employer is liable to pay penalties based on the
specific H&S infraction made. in general, the Labor Law stipulates a fine up to SAR 100,000
in addition to temporary or permanent closure of the entity
• An employer may be fined SAR 25,000 and closure of the entity for one day for non-
compliance with the H&S rules

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GOSI
• In addition to the MHRSD regulations, the General Organization for Social
Insurance (GOSI) provides for work injury benefits where the employer is obligated
to contribute to GOSI 2% of the worker's wage every month
• GOSI further stipulates rules and regulations in respect of H&S which we set out
below.

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Reporting
• A worker must inform the employer of his injury, relapse, complication within 7 days
of its occurrence
• The employer must inform GOSI of his worker's injury which required more than first
aid within 3 days of being informed or knowing about it

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Coverage
• Accidents sustained by the worker during work or resulting therefrom
• Accidents sustained by the worker on his way from his residence to his place of
work and vice versa, or while en route from his place of work to the place where he
eats his meals or perform his prayers and vice versa
• Accidents sustained by the worker during his movements in order to perform the
tasks entrusted to him by the employer
• Any disease sustained by the worker found to be caused by work
• Any disease sustained by the worker specified in the table of occupational diseases

IHS 514 - Safety, Health & Environmental Legislation


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Benefits
• Medical care which includes: diagnoses, treatments, medicine, medical supplies and prosthetics
• Daily allowances; 75% to 100%
• Benefit for total permanent disability (Saudi employees only); 50% to 100%
• Benefit of permanent partial disability (Saudi employees only): based on the percentage of the
disability
• In case the Saudi employee dies due to a work injury, or the receiver of a total or partial
permanent disability dies, the family members are paid a monthly benefit, the minimum of which is
SAR 1,750
• Lump sum compensation for permanent disability; maximum of SAR 165,000
• Lump sum compensation paid to a non-Saudi employee; permanent total disability: maximum of
SAR 330,000 / partial disability: maximum of SAR 165,000 / death: maximum of SAR 330,000
• Expenses of preparing and transporting of body: GOSI bears all the expenses

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REQUIREMENTS OF HEALTH & SAFETY
OFFICERS (HSO)
Requirements of HSOs
• Ministry of Labor and Social Development has issued Resolutions that set out
minimum requirements for employers to appoint dedicated HSOs in the workforce
and to facilitate their work
• Resolution divides employers into two categories:
a) Employers with higher HSE requirements based on their economic activity

b) All other employers

• Requirement to appoint HSOs is incremental, and employers are obliged to provide


training to individuals to develop and promote them in such role

IHS 514 - Safety, Health & Environmental Legislation


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Industry Requirements
• Employers are categorized under the new law into distinct groups based on their economic
activity. Companies carrying out economic activities in the following industries must appoint
at least 2% of their workforce as HSOs;
A. Construction and building, oil and natural gas, electricity, water and gas, health
services, mines and quarries, cement industry, petrochemicals industries, coal and
rubber, ready concrete industry, rock, granite and bricks industry
B. Manufacturing: plastics, beverages in glass bottles, disposable artificial materials.
Manufacturing: manufacturing minerals, chemical industries, transport sector
industries and general manufacturing of consuming items among other things
C. Manufacturing: food stuff, plastics, weaving, construction and carpentry materials and
machines, household appliances and accessories, dairy factories, jewelry and minting
• Any other industries not above mentioned should ensure 1% of their workforce are
appointed as HSOs.

IHS 514 - Safety, Health & Environmental Legislation


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Group A: Employers With Higher Obligations
• HSO requirement is being phased in stages, with the legislation obliging all Group A
employers to be compliant with the 2% requirement up to a specified percentage of
the overall requirement by certain dates, as shown in the table below

Employer compliance Employer compliance Employer compliance


Headcount
%age requirement %age requirement %age requirement

30% 50% 70%

500 employees + 1 April 2020 1 January 2021 1 January 2022

200 – 499 employees 1 April 2020 1 January 2021 1 January 2022

100 – 199 employees 2 August 2020

50 – 99 employees 4 October 2020

IHS 514 - Safety, Health & Environmental Legislation


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Group B: Other Employers
• Employers in this category are obliged to have 1 HSO officer for every 100
employees employed, with HSO required to make up 1% of their total workforce
Employer Compliance Employer Compliance Employer Compliance
Headcount
%age Requirement %age Requirement %age Requirement
30% 50% 70%
Macro and big facilities
1 April 2020 1 January 2021 1 January 2022
(500 workers and more)
Medium C (200 to 499
1 April 2020
workers)
Medium C (100 to 199
2 August 2020
workers)
Medium C (50 to 99
4 October 2020
workers)

IHS 514 - Safety, Health & Environmental Legislation


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IHS 514 - Safety, Health & Environmental Legislation
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HSO Professionals & Practitioners
• Resolution states that HSOs be divided into two categories; professional and
practitioners
• Within any organization, the number of professional HSOs should be 30 – 40% of
the total number of HSOs
• And the number of practitioners should make up the remaining 60 – 70% of total
HSOs in the organization

IHS 514 - Safety, Health & Environmental Legislation


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HSO Qualifications
• Professional HSOs are those with the following qualifications:
– A master's or doctorate qualification in occupational safety and health from an
accredited body locally or abroad
– A bachelor's degree in occupational safety and health or any other specialty from an
accredited body locally or abroad
– A diploma qualification in occupational safety and health or any other specialty from
an accredited body locally or abroad, and not less than ten years of practical
experience in the occupational health and safety field

• For qualifications from abroad, it is required to obtain an equivalency certificate


according to the law

IHS 514 - Safety, Health & Environmental Legislation


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HSO Qualifications
• HSOs’ qualification must be approved and registered with Ministry of Human
Resources and Social Development and the General Organization for Social
Insurance respectively
• Employers are obligated to divide the number of HSOs within their business both as
professionals and specialized occupational health and safety practitioners
• Professionally qualified and accredited persons must hold between (30% – 40%) of
all HSOs positions

IHS 514 - Safety, Health & Environmental Legislation


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Regulatory Fines
• Ministry of Labour and Social Development applies the following fines:
– SAR 25,000 for not complying with health and safety regulations
– SAR 5,000 for not publishing health and safety rules in the workplace

IHS 514 - Safety, Health & Environmental Legislation


33
THANK YOU

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