Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Saudi Arabia (Ratification: 2001)

The Committee notes the information provided by the Government in its report on legislative changes adopted, including the adoption of a revised Labour Code (Royal Decree No. M/51) of 26 September 2005, Ministerial Order No. 435 of 4/11 1404 H determining the occupations and types of employment in which workers are exposed to lead poisoning and the means which employers should take to protect their workers and Ministerial Order No. 404 of 17/6/1394 H respecting first aid at workplaces. The Committee notes that section 131 of the Labour Code provides that the Minister shall issue regulations and decisions embodying the necessary arrangements at the level of the undertaking for protection against major hazards, the related duties of the employers, the arrangements for protecting the public and the environment outside the site of each high-risk firm, the worker’s rights and duties, and other measures necessary to prevent major accidents, minimize the risks of their occurrence and mitigate their impact. The Committee expresses the firm hope that the abovementioned regulations and decisions will soon be adopted and requests the Government to submit copies of all relevant laws and regulations giving effect to the Convention. In the context of the legislative review to be undertaken in application of section 131 of the Labour Code, the Committee requests the Government also to take into account the issues raised by the Committee in its previous comments which, in relevant part, read as follows:

Article 4. Formulation, implementation and periodic review of a coherent national policy. The Committee notes the information provided by the Government that the Secretariat of the Higher Authority for Industrial Safety is in charge of the formulation, in collaboration with relevant government institutions, of integrated plans for the protection of workers, the public and the environment against major industrial hazards, and to participate in their review and implementation. According to the report, the said Authority is also responsible for classifying undertakings and in this context major hazard installations are given special importance. The Ministry of Trade and Industry monitors factories in order to ensure observance of the regulations. The Committee requests the Government to provide in its next report detailed information on the measures taken in this respect and to communicate copies of the mentioned plans and the list of classification of undertakings. It also requests the Government to provide information on measures taken to ensure that the most representative organization of employers and workers and other interested parties are consulted on the formulation, implementation and periodical review of the coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents.

Article 5. A system for the identification of major hazard installations. The Government indicates in its report that there are no special regulations on the identification of major hazard installations but that the Government is considering the setting up of a system in this regard and that a committee has been set up to prepare a framework for the identification of activities which are hazardous or dangerous. The Committee invites the Government to provide it with further information on progress made in this respect taking into account the requirement to hold consultations on these issues with the most representative organization of employers and workers and other interested parties who may be affected.

Article 6. Protection of confidential information. The Committee notes the information provided by the Government that the Secretariat of the Higher Authority for Industrial Safety is in the position to protect confidential information and that regulations regarding the requirements related to the handling of classified information is being developed. The Committee invites the Government to submit these new regulations once they have been adopted taking into account the requirement to hold consultations on these issues with the most representative organization of employers and workers and other interested parties who may be affected.

Articles 7 and 8. Identification and notification of hazardous installation. Article 9. Periodic testing and evaluation of site emergency plans. Articles 10, 11 and 12. Safety reports. The Committee notes that the report is silent as regards the application of the provisions in these Articles of the Convention. The Committee hopes that the next report will contain information on measures taken or envisaged to give effect to these provisions.

Articles 13 and 14. Accident reporting. The Committee notes the information in the report that all undertakings are required immediately to notify the competent authority on any accidents that occur therein. The Committee requests the Government to provide, in its next report, information on the activities of the investigation committees in application of these provisions of the Convention and to submit to it a copy of any recommendations or reports prepared by such committees.

Articles 15 and 16. Off-site emergency preparedness. The Committee notes the information provided by the Government concerning the practical measures to ensure application of these provisions of the Convention. The Committee requests the Government to indicate the legislative measures taken or envisaged to give effect to these provisions of the Convention.

Article 17. Siting of major hazard installations. The Committee notes the information provided by the Government concerning the practical measures to ensure application of this provision of the Convention. The Committee requests the Government to indicate the legislative measures taken or envisaged to give effect to this provision of the Convention.

Articles 18 and 19. Inspection and Part V of the report form. The Committee notes the information concerning inspections performed by the Secretariat of the Higher Authority for Industrial Safety and the General Directorate for Civil Defence. It requests the Government to provide more detailed information in this respect including copies of the relevant inspection reports and to indicate measures taken or envisaged to give effect to Article 19 of the Convention concerning the right of the competent authority to suspend any operation which poses an imminent threat of a major accident.

Articles 20 and 21. Rights and duties of the workers and their representatives. The Committee notes the information provided concerning the consultation mechanisms with the workers as well as the reference to a specific Order No. 12 providing for the setting up of committees in charge of consultation with workers and employers. The Committee requests the Government to provide, in its next report, further information on the role of the consultation committees and to submit a copy of the relevant legal provisions giving effect to these Articles of the Convention.

Article 22. Responsibility of exporting States. The Committee notes that the report is silent as regards the application of this Article of the Convention. The Committee hopes that the next report will contain information on measures taken or envisaged to give effect to the provisions concerning the manner in which Saudi Arabia, as an exporting State, ensures that information concerning prohibitions regarding the use of hazardous substances, technologies and processes as a potential source of a major accident are made available to any importing country.