Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational Safety and Health Convention, 1981 (No. 155) - Bahrain (Ratification: 2009)

The Committee notes the Government’s detailed report and the legislative information attached thereto and the information that a national policy on occupational safety and health (OSH) is being considered but has not yet been adopted; that a new Labour Code is currently before the legislative authority, that in this context it is considered to set up a new Higher Council for OSH with tripartite representation. In the light of the foregoing the comments provided in the following on the current application of the Convention are thus made subject to these future developments. The Committee requests the Government to report on progress in all these respects, to keep it informed of all relevant developments and to submit any new policy documents and legislation adopted to the Committee as soon as they have been adopted.

Article 1(2) and (3) of the Convention. Scope of application. Agriculture. The Committee notes that the information that persons working in agricultural work are excluded from the application of the Convention. The Committee requests the Government to indicate whether consultations have been held with the representative organizations of employers concerned regarding this exclusion, to provide further information on the reasons for this exclusion, to describe the measures taken to give adequate protection to workers in the excluded branch and to indicate in subsequent reports any progress towards a wider application.

Article 2(2) and (3). Scope of application. Domestic workers, officers on ships, etc. The Committee notes that the information that domestic workers as well as officers on Bahraini ships, engineers and sailors are excluded from the scope of application of the Convention. It also notes that special laws regulate the labour relations of such categories except for domestic workers. The Committee requests the Government to indicate whether consultations have been held with the representative organizations of employers concerned regarding these exclusions, to provide further information on the reasons for this exclusion, to describe the measures taken to give adequate protection to the excluded categories of workers and to indicate in subsequent reports any progress towards a wider application.

Article 3. Definitions. The Committee notes that the report is silent as regards the application of this Article. With specific reference to the statement by the Government that Chapter 12 of the current Labour Code only applies to the private sector, the Committee requests the Government to provide further information regarding the application of this Article in this respect, in particular as regards the meaning of the term workers which according to the Convention is defined to include public employees.

Articles 4–8 and 15. National policy. Spheres of action covered by the national policy, functions of public authorities and other entities in respect of occupational safety and health. Regular review mechanism for the national policy laws and regulations giving effect to the national policy. Institutional coordination. The Committee notes that, as regards the application of these Articles, the Government indicates, inter alia, that a national policy is under development and that a new coordinating entity is to be set up. The Committee requests the Government to take due account of these Articles in the context of developing its national policy and new implementing legislation.

Article 9. Adequate and appropriate system of labour inspection. The Committee notes the information provided, including reference to Orders Nos 8 of 1976 and 27 of 1978 as giving effect to this provision but that these two orders were not attached to the report. The Committee also notes the terms of Order No. 28 of 1976 which concerns the organization of the labour inspection function. The Committee requests the Government to clarify which is the currently relevant legislation and to provide a copy thereof with its next report.

Article 11(a)–(b). Functions to be progressively implemented. The Government refers to that the Ministerial orders promulgated in the area of OSH include regulation of several areas such as the safety department at undertakings, and the technical requirements needed for industrial machines and equipment; the conditions of work at construction sites, in addition to the healthy requirements needed at workplaces. The Government is requested to provide further details on how the prevention is taken into account in contexts of the regulated areas and more generally in the design, layout and construction of undertakings and in the determination of prohibited work processes and substances.

Article 11(c). Functions to be progressively implemented. Notifications of occupational accidents and diseases. The Government indicates that several bodies receive notifications of occupational accidents, and injuries in accordance with the Labour Code and national practice, that such bodies include police centres, the Ministry of Labour, and the Public Authority for Social Insurance, and that Order No. 1 of 2006 constitutes an overall system for companies for notification besides obliging each company to prepare an internal system on notifications and the preparation of statistics. The Committee notes, however, that Order No. 1 of 2006 defines occupational disease as a disease of which a worker becomes infected as a result of carrying out the work and that Order No. 3 of 2001 also refers to “medical examination of workers susceptible to infection by vocational diseases”. The Committee notes that the common meaning of occupational disease corresponds to definition reflected in Article 1 to the Protocol of 2002 to the Convention which states that an occupational disease is “any disease contracted as a result of exposure to risk factors arising from work activity”. The Government should be requested to clarify the meaning of occupational disease and if the meaning of the word “disease” in relevant national legislation is infectious diseases, to provide further information on measures taken or envisaged, in law and in practice, to give full effect to this provision of the Convention.

Article 11(d) and (f). The holding of inquiries; knowledge management and risk assessment. The Committee notes that the report is silent as regards the application of these provisions. The Government is requested to provide further information measures taken or envisaged, in law and in practice, of this provision.

Article 12(c). Responsibilities of designers, manufacturers, importers, etc. The Committee notes that the report is silent as regards the application of this provision. The Government is requested to provide further information on the application, in law and in practice, of this provision.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Government indicates that this principle is not specified clearly in regulations or in national practice, but is being considered in tripartite consultations. The Government also states that workers’ right to leave a workplace in the case of fire is recognized in Order No. 12 of 2005 which relates to the protection of workers against fire hazards at the workplaces and that this Order also obliges an employer to undertake operations of periodic fire drills in order to prepare for such type of disasters. With reference to the ongoing legislative review the Committee hopes that due account will be taken of the need to regulate these provisions. For further guidance the Committee refers the Government to paragraphs 145–152 of the 2009 General Survey on occupational safety and health. The Government is requested to provide further information on the application, in law and in practice, of these provisions.

Article 17. Collaboration between two or several employers at the same workplace. The Government refers to Order No. 6 of 2000 which regulates safety at undertakings and which specifies several employer responsibilities, and the responsible manager at an undertaking so as to meet OSH requirements of all workers. This Order also regulates a number of other related issues including the setting up of appointing safety officers in enterprises with more than 50 employees and the setting up of OSH committees in enterprises with more than 100 employees. It also regulates the lines of responsibilities between main offices and branch officer. However, there are no provisions regulating the issue in the present Article. The Government is requested to provide further information on the application, in law and in practice, of the present Article.

Article 19(a)–(e). Rights and duties of workers and their representatives. The Government refers generally to the annexed orders which impose a responsibility on employers to provide a safe working environment including, for example, Order No. 6 of 2000, section 2, provides that employers are responsible for the safety of their workers and to train them accordingly and that workers are required to collaborate with the employers in applying OSH requirements. No further information is provided by the Government. With reference to the ongoing legislative review the Committee hopes that due account will be taken of the need to regulate these provisions. With reference to the terms of the Convention, the Government is requested to provide further information on the application, in law and in practice, of the present provisions.

Article 20. Cooperation between management and workers. The report is silent as regards the application of the present Article. The Government is requested to provide further information on the application, in law and in practice, of the present Article.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided by the Government and contained in the reports for 2009 and 2010 from the labour inspectorate. For 2010, the Committee notes the comparatively high number of accidents recorded in the areas of manufacturing (629 out of 1682) and construction (407 out of 1682) and the high number of accidents among migrant workers (380 out of 407) in the area of construction. The Committee also notes the efforts made in 2007–09 to increase the number of inspections and the number of enterprises inspected but that both these numbers decreased drastically in 2010. The Committee welcomes the detailed analyses carried out of available statistical information and the measures taken to address problems identified, including an awareness-raising campaign regarding the Convention and a workshop on OSH conditions in public works projects. The Committee requests the Government to provide further information on measures taken to address the high incidence of accidents among migrant workers in the construction sector and to continue to provide information on the manner in which the Convention is applied in the country more generally including analyses of the statistical data available, measures taken to address problem areas identified and the impact of these measures.