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IHS 514
SAFETY, HEALTH &
ENVIRONMENTAL LEGISLATION IHS 514 - Safety, Health & Environmental Legislation 2 IHS 514 - Safety, Health & Environmental Legislation 3 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
4 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
IHS 514 - Safety, Health & Environmental Legislation
5 GENERAL REGULATIONS IHS 514 - Safety, Health & Environmental Legislation 7 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
IHS 514 - Safety, Health & Environmental Legislation
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 10 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
IHS 514 - Safety, Health & Environmental Legislation
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
12 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
13 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
IHS 514 - Safety, Health & Environmental Legislation
14 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
15 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 16 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
IHS 514 - Safety, Health & Environmental Legislation
17 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
IHS 514 - Safety, Health & Environmental Legislation
18 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.
IHS 514 - Safety, Health & Environmental Legislation
19 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
IHS 514 - Safety, Health & Environmental Legislation
20 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
21 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
IHS 514 - Safety, Health & Environmental Legislation
22 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
24 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
25 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
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
26 IHS 514 - Safety, Health & Environmental Legislation 27 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
28 IHS 514 - Safety, Health & Environmental Legislation 29 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
30 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
31 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
32 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