Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 1 and 3 of the Convention. Scope of application and definitions. Further to its previous comment, the Committee takes note of the Safety and Fire Protection Directives for Industrial Facilities (SAFs) annexed to the Government’s report and in particular of SAF-01 on the application of SAFs which provides, in its section 1.1, that SAFs shall be applicable to all companies and establishments subject to the High Commission for Industrial Security (HCIS). In this connection, the Committee notes from the documents annexed to the Government’s report that the HCIS oversees 12 sectors (such as oil, petrochemical, chemical manufacturing, electricity, water, gas, mining, metal manufacturing, civil explosives, industrial services, communication and port industries). The Committee requests the Government to indicate whether these provisions cover all major hazard installations, as defined in Article 3 of the Convention.

Article 4. Formulation, implementation and periodical review of a coherent national policy. In its report, the Government indicates that in 2010, the SAFs have been updated by the HCIS, in collaboration with major industrial employers, taking into account the best available safety technology at the international level, and that the next review of SAFs is scheduled for 2015. The Committee requests the Government to provide information on consultations held with the most representative organizations of employers and workers, as required by this Article of the Convention.

Article 5. System for the identification of major hazard installation. Further to its previous comment, the Committee notes the Government’s reference to SAF-02 on Environmental, Health and Safety (EHS) Management which sets out a number of obligations for employers. The Committee notes that it is not clear from this information that a system for the identification of major hazard installations exists within the meaning of this Article. The Committee reminds the Government that Article 5 of the Convention provides that the competent authority or a body approved or recognized by the competent authority shall, after consulting the most representative organizations of employers and workers and other interested parties who may be affected, establish a system for the identification of major hazard installations as defined in Article 3(c). The Committee once again requests the Government to take the necessary measures to give full effect to this Article and to provide information in this regard.

Article 6. Protection of confidential information. The Committee notes that section 4.3.15 of SAF-02 provides for the protection of trade secrets while ensuring access of workers to such information. Provisions are also made to allow for the disclosure of confidential information to health professionals under specific conditions. The Committee requests the Government to indicate the manner in which risks to the public and the environment are taken into account in the application of this provision and to provide information on consultations held with the representative organizations of employers and workers concerned.

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. Further to its previous comment, the Committee notes that SAF-02 gives effect to most of the requirements set out in Articles 7, 9, 10 and 11 of the Convention. The Committee requests the Government to provide clarification on the manner in which effect is given, in law and in practice, to Article 8 (notification of any major hazard installation to the competent authority) and Article 12 (communication of safety reports to the competent authority). Noting that safety reports must be amended in the event of a modification in the installations, the Committee requests the Government to indicate whether provision is also made to review safety reports in other circumstances, as envisaged by Article 11(b)–(d).

Articles 13 and 14. Accident reporting. The Committee notes that under section 4.3.12 of SAF-02, employers are required to promptly investigate incidents which resulted or could have resulted in major accidents and review lessons learned with all the personnel concerned. The Committee requests the Government to indicate the provisions adopted to ensure that the investigation report is presented to the competent authority within a fixed time frame, containing an analysis of the causes of the accident and describing its immediate consequences as well as any action taken to mitigate its effect and recommendations to prevent recurrences, as required by Article 14 of the Convention.

Articles 15 and 16. Off-site emergency preparedness. Further to its previous comment, the Committee notes that SAF-02 and SAF-20, to which the Government refers, set out obligations for employers to establish emergency plans but do not provide for the elaboration of off-site emergency preparedness and its dissemination by the competent authority, as required by Articles 15 and 16. The Committee therefore requests the Government to provide information on the measures taken, in law and in practice, to give full effect to these Articles.

Articles 18 and 19. Inspection. The Committee notes that it is not clear from the texts provided by the Government how effect is given to these Articles of the Convention. The Committee accordingly requests the Government to provide detailed information in this regard.

Articles 20 and 21. Rights and duties of workers and their representatives. The Committee notes that SAF-02 provides, in its section 4.3.2, for the participation of workers in the development and implementation of the process safety management (PSM) and related hazards assessments. Under this regulation, employers are also required to inform and train their employees (sections 4.3.2, 4.3.3 and 4.3.6). The Committee requests the Government to indicate measures taken to give effect to Article 20 as regards the rights of workers’ representatives and to provide information on how effect is given, in law and in practice, to Article 21.

Article 22. Responsibility of exporting States. The Committee notes the Government’s indication that hazardous materials, the use of which is prohibited in the country, are not exported. The Committee requests the Government to indicate whether similar arrangements have been made as regards technologies or processes which are prohibited as a potential source of major accidents.

Application of the Convention in practice. The Committee notes the succinct information provided by the Government on investigations carried out by the HCIS in case of major accidents. The Committee again requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and to supply statistical data concerning inspection visits conducted, the number and nature of infringements reported and sanctions imposed.