Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 2(2) and (3). Categories of workers excluded from the application of the Convention. Public sector. The Committee notes that pursuant to the new Labour Code (promulgated by Law No. 36 of 2012), exemptions from specific branches of economy only relate to the public sector. However, the Government indicates that the Civil Service Law requires the adoption of occupational safety and health (OSH) measures. The Committee takes note of this information.

Domestic workers. The Committee notes that domestic workers, workers of a similar occupation, and members of the family of employers are excluded from the new Labour Code. The Committee also notes the explanations of the Government concerning the reasons for this exception, namely the practical difficulties of inspection in view of the prohibition of labour inspectors to enter private homes. The Committee requests the Government to indicate any progress towards a wider application of OSH legislation concerning these categories of workers, in accordance with Article 2(3) of the Convention.

Articles 4–8 and 15. National policy on OSH and spheres of action covered by this policy. The Committee previously noted that a national policy on OSH was under development but had not yet been adopted, and that the establishment of a new Higher OSH Council with tripartite representation was envisaged.

The Committee notes that Law No. 36 of 2012 promulgating the Labour Code contains a chapter on OSH and that numerous ministerial orders have been adopted to put this Code into effect. It also notes with interest the Government’s indication that the Higher OSH Council was set up with representatives from several ministries, environmental and OSH bodies and employers’ and workers’ organizations (thereby giving effect to section 175 of the new Labour Code and Ministerial Order No. 2 of 2015). The Committee notes that one of the main functions of this Council is formulating a national policy on OSH and ensuring its implementation through proposals for national legislation on OSH. The Committee notes the Government’s indication that it will examine possible measures, through this Council, for the adoption of a national policy on OSH. The Committee requests the Government to continue to provide information on the progress made towards the development of a coherent national policy on OSH and to provide a copy of any relevant texts adopted in this respect.

Articles 9 and 14. Activities, including labour inspection and training activities, aimed at the prevention of occupational accidents in the construction sector. The Committee notes the Government’s reference, in reply to the Committee’s request concerning measures taken to address the high incidence of occupational accidents among migrant workers in the construction sector, to a number of measures concerning the construction sector, including: (i) labour inspection campaigns and targeted inspection visits; (ii) the examination of the causes for the increase in the number of occupational accidents; (iii) awareness-raising activities and the preparation of publications and guidelines for workers in English and Arabic; and (iv) the issuing of Order No. 3 of 2013, which prohibits work at noon to avoid accidents and diseases as a result of temperature fatigue. The Committee also notes the Government’s indication that there is a general decrease in the number of fatal and other occupational accidents in all sectors that had resulted from non-compliance with safety rules at the workplace. The Committee takes note of this information.

Article 9. Adequate and appropriate system of labour inspection. The Committee notes that the Government, in reply to the Committee’s previous request, refers to Order No. 29 of 2013, which specifies the duties of labour inspectors and their mandate, labour inspection rules and procedures. The Committee also notes the information provided by the Government on the strengthening of labour inspection functions in the area of OSH through the creation of an OSH unit at the Ministry of Labour. Concerning the requirement for an adequate and appropriate system of labour inspection, the Committee refers the Government to its comments under Convention No. 81.

Article 11(a) and (b). Functions to be progressively implemented. Determination of the design, layout and construction of undertakings. Determination of prohibited work processes and substances. The Committee previously noted the Government’s reference to several Ministerial Orders in the area of OSH governing, among other things, technical requirements needed for industrial machines and equipment.

The Committee notes the Government’s indication, in reply to the Committee’s request for further information concerning prevention in relation to the areas listed in Article 11(a) and (b), that numerous new Ministerial Orders (implementing the chapter on OSH of the Labour Code) provide for procedures governing safe working methods and the prevention of occupational hazards, including among others, Order No. 6 of 2013 relating to fire hazards, Order No. 31 of 2013 relating to electricity hazards, and Order No. 4 of 2014 relating to safety measures at construction sites. In this regard, the Committee also notes that the Government has sent, with its report, 15 new Ministerial Orders in the area of OSH adopted since 2013 including Order No. 5 of 2014 relating to the protection of workers from hazards in the lifting of equipment, Order No. 15 of 2014 relating to the protection of workers from hazards related to chemical substances, and Order No. 28 of 2014 relating to the determination of protective measures against hazards from boilers, vapour utensils, etc. The Committee takes note of this information.

Article 11(c). Functions to be progressively implemented. Notifications of occupational accidents and diseases. The Committee notes the Government’s indication, in relation to the Committee’s previous request to clarify the definition of occupational diseases, that pursuant to the Social Security Law promulgated by Decree No. 24 of 1976 (schedule on occupational diseases), occupational diseases are defined as diseases which “affect” workers as a result of their work. The Government adds that occupational diseases also include “contagious diseases”, as further prescribed by Ministerial Order No. 3 of 2001 which comprises a schedule on diseases resulting from work, including diseases resulting from biological factors, bacterial or viral infections, that is, naturally contagious diseases. The Committee also notes the Government’s indication that Ministerial Order No. 12 of 2013 now governs the notifying of occupational accidents and diseases. The Committee takes note of this information.

Article 11(d) and (f). Functions to be progressively implemented. The holding of inquiries; provision for a system of risk assessments concerning chemical, physical and biological agents. The Committee notes that the Government, in response to its previous request concerning the carrying out of accident inquiries, refers to the responsibility for the investigation of occupational accidents and diseases by the OSH unit of the Ministry of Labour, and to the relevant statistical information for 2013 and 2014. Concerning the provision of a system of risk assessments, the Committee notes the Government’s indication that section 167 of the new Labour Code requires employers to assess and analyse potential hazards, establish and subsequently test emergency plans, and provide relevant training to workers. The Government adds that certain ministerial orders also refer to the obligation of employers to carry out periodic assessments of hazards, and to review the preventive procedures with respect to occupational hazards. The Committee takes note of this information.

Articles 13 and 19(f). Protection of workers who removed themselves from situations they believe to present imminent and serious danger. The Committee notes the Government’s indication, in reply to its previous request, that section 16 of Ministerial Order No. 8 of 2013 on OSH in establishments provides for the right of workers to leave the workplace if they have good reason to believe that they are exposed to an imminent danger which directly threatens their life or health, on the condition that the employer or their representatives are immediately notified of the intention of the worker to withdraw him or herself in view of the danger. The Committee recalls its indications made in paragraph 298 of its General Survey of 2017 on certain occupational safety and health instruments, according to which, while the right of workers to remove themselves is linked to the duty of workers to inform their employer about such a situation, this obligation should not be seen as a prerequisite for the exercise of the right of removal. The Committee requests the Government to take the necessary measures to align the provisions in the national legislation with Article 13 of the Convention, providing for the unconditional right of workers to remove themselves from situations they believe to present an imminent and serious danger to their life or health.

Article 17. Collaboration between two or several employers at the same workplace. The Committee previously noted that there were no provisions implementing Article 17. In this respect, the Committee notes with interest that section 11 of Order No. 8 of 2013 on OSH in establishments provides that when employers carry out activities simultaneously at the same workplace or undertaking, they shall be required to: collaborate and coordinate to ensure compliance with OSH requirements, as well as communicate to the relevant bodies the necessary information on dangers which may arise from their activities. The Committee takes note of this information.

Articles 19(a)–(e) and 20. Rights and duties of workers and their representatives. Cooperation between management and workers. In its previous comment, the Committee noted that the Government referred to several ministerial orders annexed to the report providing for the responsibility of employers to provide a safe working environment and expressed the hope that due account would be taken of the need to regulate all the rights and duties provided for under Article 19, in the context of the ongoing legislative review at the time, and it requested information on the application of Article 20.

In this respect, the Committee notes the Government’s reference to the ministerial orders issued from 2013 implementing the Labour Code, and providing for responsibilities of employers in the area of OSH, including: the requirement to inform workers of occupational hazards and means of prevention, including through the posting of guidelines and advice in Arabic and other languages understood by workers; the requirement to train workers on all OSH aspects relevant to their work, including the use of workers’ personal protection means. The Committee notes that in relation to high and medium risk enterprises, Order No. 8 of 2013 provides for: (i) the establishment of a special OSH policy in consultation with workers or their representatives, including their consultation in all elements of the OSH management system (in enterprises employing more than 50 workers); (ii) the setting up of OSH committees (in enterprises employing more than 500 workers); and (iii) the appointment of an OSH specialist responsible for, among other things, the education and training of workers (in enterprises employing more than 500 workers). The Committee requests the Government to provide information on the measures taken or envisaged concerning arrangements for cooperation between employers and workers in low-risk workplaces and workplaces with less than 50 workers.