In Saudi Arabia, the Labor Law (Royal Decree No. M/51, Issued on 23/8/1426H) forms the cornerstone of health and safety regulations. This is supplemented by Ministerial Resolutions and Decisions issued by the Ministry of Human Resources and Social Development (HRSD), which provide further detail and implementation guidelines. The Saudi Building Code also contains specific technical requirements for safety across various industries and sectors.

Key Employer Obligations

Employers have a general duty of care to take all necessary precautions to protect workers' health and safety, providing a safe working environment. This includes identifying and assessing workplace hazards, implementing controls to eliminate or minimize risks, and ensuring the workplace meets standards for ventilation, lighting, sanitation, noise control, and temperature regulation.

Employers are also required to provide Personal Protective Equipment (PPE) free of charge where hazards cannot be fully eliminated, and to provide workers with information about workplace hazards and train them in safe work procedures. Workplaces must have plans for fires, evacuations, and other emergencies, and employers must provide first aid facilities and trained personnel.

Worker Rights

Workers have the right to refuse work they believe poses an imminent and serious danger to their health or safety. They are entitled to information on workplace hazards and how to protect themselves, and in larger establishments, workers have the right to participate in health and safety decision-making through safety committees or representatives.

Specific Regulations

Saudi Arabia has specific regulations addressing health and safety in various industries such as construction, oil and gas, and manufacturing. These regulations address risks like falls from heights, electrical hazards, excavation safety, process safety, drilling operations, hazardous materials, machine guarding, hazardous chemicals, and ergonomics.

Enforcement and Penalties

The Ministry of Human Resources and Social Development is responsible for ensuring compliance with health and safety regulations. Violations can result in fines, business closures, or even imprisonment in severe cases.

Occupational health and safety (OHS) is a crucial aspect of any workplace. It involves maintaining safe premises, ensuring the safe operation of machinery and equipment, providing personal protective equipment (PPE), communicating potential hazards, and preparing for emergencies.

General OHS Standards

Employers are required to maintain safe premises. This includes providing adequate lighting and ventilation, sanitary facilities, clean drinking water, preventing overcrowding, and protecting against fire hazards.

The safe operation, guarding, and maintenance of machinery and equipment are also mandated. Employers must provide and ensure the use of PPE, such as gloves, safety glasses, and hard hats, where necessary.

Workers must be informed of potential hazards associated with materials and chemicals used in the workplace. Employers must also develop and implement emergency procedures, including evacuation plans and fire safety measures.

Industry-Specific Standards

In Saudi Arabia, there are detailed OHS standards targeting specific industries.

Construction

Regulations cover the use of scaffolding, ladders, and personal fall protection systems to prevent falls. Precautions for the prevention of electrical hazards are mandated. Measures to ensure the stability of trenches and excavations are also outlined.

Oil and Gas

Regulations address the management of hazardous materials, operational procedures, and emergency response in the oil and gas sector. Standards cover rig safety, blowout prevention, and well control.

Occupational Health

Some industries may necessitate periodic medical examinations for workers, especially those exposed to hazardous substances. Employers must take measures to prevent occupational diseases and provide compensation for workers who contract them.

Regulations require employers to implement measures to mitigate excessive noise in the workplace. Employers are also encouraged to address ergonomic hazards to prevent musculoskeletal disorders.

Enforcement and Best Practices

The Ministry of Human Resources and Social Development (HRSD) conducts inspections, issues guidelines, and enforces OHS regulations. Companies are encouraged to adopt OHS management systems, like ISO 45001, to structure their approach to health and safety proactively.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help in verifying compliance, identifying potential hazards, deterring negligence, and educating employers and workers about best practices.

Role of Workplace Inspections

• Compliance Verification: Inspections ensure adherence to industry-specific standards.
• Hazard Identification: They help in uncovering potential workplace hazards and risks.
• Deterrence: Inspections and potential penalties deter employers from neglecting their obligations.
• Awareness and Education: They serve as an opportunity to educate employers and workers on best practices.

Inspection Authority

Labor inspectors have the authority to:

• Enter and inspect workplaces without prior notice.
• Examine equipment, materials, and processes.
• Interview workers and employers.
• Request relevant documentation.

Inspection Procedures

Inspections can be of different types:

• Routine Inspections: Scheduled inspections often based on industry risk profiles.
• Complaint-Based Inspections: Triggered by reports of unsafe conditions.
• Targeted Inspections: Focused on specific hazards.

Inspectors generally focus on:

• Compliance with general standards (e.g., workplace conditions, hazard communication, PPE)
• Compliance with industry-specific regulations
• Identification of hazards and risks
• First aid and emergency preparedness measures
• Management practices
• Worker training and awareness

Inspection Frequency

The frequency of inspections depends on:

• Industry Risk: High-risk sectors might face more frequent inspections.
• Company History: Employers with a record of violations may be subject to increased scrutiny.
• Enforcement Resources: Inspection rates are influenced by the capacity of the enforcement agency.

Follow-Up Actions

After an inspection, several actions can be taken:

• Corrective Orders: Inspectors may issue orders requiring employers to address identified hazards within a stipulated timeframe.
• Penalties: Violations can result in fines, escalating with the severity and recurrence of violations.
• Temporary or Permanent Closure: Businesses may face temporary or permanent closure in cases of serious violations or failure to comply with corrective orders.
• Criminal Prosecution: In extreme cases, employers could face criminal prosecution for severe offenses.

Workplace accidents can have serious consequences, and it's important for employers and employees to understand the procedures that follow such incidents. In Saudi Arabia, the labor law mandates that any workplace accident resulting in injury, illness, or death must be reported by the employer to the General Organization for Social Insurance (GOSI) and the Ministry of Labor and Social Development (MLSD) within 24 hours. Reports can be filed through GOSI's online portal, a dedicated phone line, or in person at a GOSI branch. The accident report must include details about the location, date, and time of the occurrence, nature of injuries, details of the injured worker(s), and initial investigation and cause of the accident (if known).

Accident Investigation Procedures

The MLSD is responsible for conducting investigations into workplace accidents. The scope of the investigation may vary depending on the severity of the incident. Employers are legally required to cooperate with any investigation conducted by MLSD officials. This includes providing access to the workplace, records, and relevant personnel. MLSD investigations seek to establish the root cause of the accident, determine whether safety regulations were followed, and identify any potential liabilities or breaches.

Workplace Accident Compensation

GOSI administers the work injury insurance program in Saudi Arabia. Workers injured in workplace accidents may be entitled to compensation benefits. These benefits can cover medical expenses, temporary disability, permanent disability, and death benefits. In the event of a worker's death, compensation is paid to their dependents.

The affected worker or their representative should file a claim with GOSI. GOSI will review the case, including medical reports, to determine eligibility and the extent of compensation.