Yemen's health and safety regulations are primarily based on the Labor Code (Law No. 5 of 1995), with additional decrees and ministerial orders providing further details on specific health and safety aspects. However, the ongoing complex humanitarian situation in Yemen can significantly impact the consistent enforcement and application of these laws.

Key Areas of Regulation

Employers are required to provide safe work environments, including adequate ventilation, lighting, and protection from hazardous substances and machinery, as per the Labor Code (Article 113 and 114). The Labor Code also mandates employers to safeguard workers' health in connection with their work, including the prevention of occupational diseases and provision of first aid facilities (Ministerial Decree No. 138 of 1995).

Specific Provisions Worth Noting

The Labor Code includes additional protections for women and children in the workplace, including restrictions on certain types of hazardous work. Sector-specific rules may further define health and safety requirements for high-risk industries like construction or manufacturing.

Enforcement and Challenges

The Ministry of Social Affairs and Labor is primarily responsible for enforcing health and safety laws in Yemen. Labor inspectors have the authority to conduct workplace inspections and issue citations for non-compliance. However, effective enforcement is often hampered by limited resources, the informal nature of much employment, and the ongoing humanitarian crisis within the country.

Recommendations for Businesses

Employers operating in Yemen should thoroughly familiarize themselves with the Labor Code and relevant supplementary regulations. They should prioritize the development and implementation of strong health and safety management systems, provide regular training to workers on identifying hazards and following safe work practices, conduct thorough risk assessments to pinpoint potential hazards within the workplace, and maintain detailed records of accidents, injuries, and near-misses to help analyze trends and improve safety measures.

Occupational health and safety (OHS) standards in Yemen are primarily based on the Labor Code (Law No. 5 of 1995) and various Ministerial Orders and Decrees. The Labor Code outlines broad employer responsibilities to provide safe and healthy working environments, including the duty to take necessary precautions to safeguard workers within the workplace and requirements for adequate ventilation, lighting, sanitation, and protection against machinery or material-related hazards.

Key Standards and Practices

Yemen's OHS standards cover a range of areas:

Hazard Identification and Control

Employers are expected to conduct risk assessments to pinpoint workplace hazards. This analysis forms the basis for safety controls.

Safe Work Practices

Workers must receive training relevant to their job tasks, covering hazard recognition, safe work procedures, and emergency response. Machinery with moving, cutting, or crushing parts must be adequately guarded to prevent worker injuries. Procedures must exist to ensure the safe isolation and de-energization of equipment during maintenance or repair.

Occupational Health

Depending on exposure risks, employers may need to facilitate periodic medical examinations for workers. Measures focus on controlling exposure to dust, chemicals, noise, and other agents that cause occupational illness. Workplaces are required to have basic first aid provisions and trained personnel available.

Personal Protective Equipment (PPE)

Employers supply PPE (respirators, gloves, eye protection, etc.) when engineering controls alone cannot eliminate hazards. The employer must enforce the proper use of PPE.

Emergency Preparedness

Plans detail procedures for fire, evacuation, and medical emergencies. Measures include fire extinguishers, safe exits, and training in fire prevention.

Enforcement and Support

The Ministry of Social Affairs and Labor oversees and enforces Yemen's OHS regulations. The World Health Organization (WHO) provides technical support and guidance to Yemen in strengthening their OHS system. The International Labor Organization (ILO) promotes international OHS standards relevant to Yemen.

Challenges and Recommendations

The Yemeni context makes consistent enforcement of OHS standards a major challenge. Recommendations for improvement include increased enforcement capacity, employer awareness, and worker participation. The Ministry of Social Affairs and Labor requires more resources and trained inspectors to effectively monitor workplaces. Campaigns are needed to educate employers, particularly in small businesses, about their OHS obligations. Worker involvement in identifying hazards and developing safety solutions is crucial.

Workplace inspections in Yemen are a crucial tool for identifying hazards, verifying compliance, and taking preventive action. These inspections help to identify hazardous conditions or practices, such as unguarded machinery, inadequate ventilation, and unsafe chemical handling. They also assess whether the workplace adheres to Yemeni OHS regulations outlined in the Labor Code and supplementary Ministerial Decrees. The findings from these inspections guide the implementation of corrective measures to eliminate hazards and improve overall safety compliance.

Inspection Authority

The Ministry of Social Affairs and Labor (MOSAL) holds primary responsibility for labor inspections, including those focused on health and safety. Designated labor inspectors are empowered to conduct workplace inspections.

Inspection Procedures

A typical workplace inspection in Yemen involves an opening meeting, a walkthrough inspection, worker and management interviews, record review, a closing meeting, and an inspection report. The inspector introduces themselves, presents credentials, and outlines the inspection's purpose and scope during the opening meeting. The walkthrough inspection is a physical inspection of the workplace, observing work processes, machinery, hazardous substances, and worker practices. Interviews with both employees and management are conducted to gather insights on hazards, safety procedures, and past incidents. The safety documentation, including training records, risk assessments, and accident/incident reports, is examined during the record review. The closing meeting involves a preliminary discussion of observed hazards or violations, along with potential corrective actions. A formal report documents the inspection findings, citations, and deadlines for rectifying non-compliance.

Inspection Criteria

Yemeni workplace inspections broadly evaluate compliance with OHS regulations. Specific focus areas include machine safety, chemical hazards, fire safety and emergency preparedness, electrical safety, ergonomics, personal protective equipment (PPE), sanitation and hygiene, and workplace ventilation and lighting.

Inspection Frequency

The Labor Code does not specify fixed intervals for workplace inspections. The frequency of inspections may be influenced by factors such as industry risk, complaints, and resource availability. High-risk sectors such as construction and manufacturing may warrant more frequent inspections. Reports of unsafe conditions or accidents can trigger targeted inspections. The practical frequency is limited by the number of inspectors and MOSAL resources.

Follow-Up Actions

Employers must address violations within timelines set by the inspector. Follow-up inspections may be conducted to verify that corrective actions have been taken. The Labor Code outlines fines and potential sanctions for continued safety non-compliance.

Workplace accidents are a serious matter that require immediate attention and proper reporting. Employers are obligated to report any work-related accidents or injuries to the relevant authorities, typically to the local MOSAL office or the designated occupational safety and health department. The reports should include the date, time, and location of the accident, names and details of injured worker(s), a description of the accident and injuries sustained, and witness statements if available.

Investigation Processes

In cases of serious accidents or fatalities, MOSAL labor inspectors may launch an investigation to determine the cause and identify contributing factors. These investigations may involve workplace inspections and re-enactments, interviews with workers, witnesses, and management, and a review of safety documentation and procedures. The goals of these investigations are to prevent recurrence of similar accidents, identify violations of safety regulations, and determine potential liability and compensation eligibility.

Compensation Claims

Compensation for work-related injuries and diseases in Yemen is governed by the Social Service for Occupational Safety, Welfare and Compensations Act. Compensation may include medical expenses for treatment, lost wages during periods of disability, disability benefits (temporary or permanent), and death benefits for dependents in case of fatality. Worker eligibility for compensation is typically linked to being formally employed and sustaining an injury arising from and during the course of employment. Specific processes for claiming compensation may be outlined by MOSAL or the relevant compensation authority. Claim filing usually involves providing medical documentation and supporting evidence of the workplace injury.

Important Considerations

Procedures following workplace accidents can escalate in formality and complexity depending on the severity of the injuries and circumstances involved. Employers should maintain detailed records of all accidents and injuries, which is crucial during investigations and compensation claims processes. In complex cases or those involving significant compensation, seeking legal guidance is always advisable.