Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Saudi Arabia

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) (Ratification: 2020)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) (Ratification: 2001)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 120 (hygiene (commerce and offices)) and 174 (prevention of major industrial accidents) together.

Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 6 of the Convention. Inspection and statistics. Application in practice. In reply to Committee’s previous request, the Government indicates in its report that the Ministry of Human Resources and Social Development carried out 782,401 inspection visits of commercial undertakings in 2022, during which period the total number of injuries reached 4,335. The Committee also notes that specific information on labour inspection activities in offices and commerce was provided under the 2019 labour inspection report, with respect to occupational accidents. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including, where available, information on the inspection activities carried out, and the number, nature and causes of occupational accidents and diseases reported in trading establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Article 6(2). Establishment of a system of sufficiently dissuasive penalties. The Committee notes the adoption of the Ministerial Decision No. 75913 on the schedule on violations and penalties of the labour law and its executive bylaw, ministerial decisions, and amendments made thereto, in 2023. The Committee understands that this decision supersedes the Schedule established by Ministerial Decision No. 92768 previously referred to by the Government and significantly reduces the fines applicable in the event of violation of labour law provisions, including on OSH. The Committee requests the Government to indicate the penalties for violation of OSH related obligations included in the Schedule and to indicate how it ensures a system of sufficiently dissuasive penalties, adequate to ensure the proper application of legislation. The Committee also refers to its comments made under Convention No. 81.

Article 13. Sufficient and suitable washing facilities and sanitary conveniences. The Government indicates that the Consolidated Regulation for the work environment in private sector establishments provides for the obligation of employers to provide separate water closets for women and men. The Committee notes that the Ministry of Municipal, Rural Affairs and Housing supervises the issuing of municipal permits for activities of all types in accordance with the Ministerial Decision on “Office requirements” of 12 June 2022, which includes the requirements that need to be provided in offices of all types and obliges employers to provide a place for rest, a water closet, and at least one hand wash basin for men and women. Taking note of this information, the Committee requests the Government to indicate the specific provisions of the Ministerial Decision on “Office requirements” which ensures that sufficient sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 15. Suitable facilities for workers to change, leave and dry clothes. In reply to Committee’s previous request, the Government indicates that the owner of an undertaking shall provide rooms for changing clothes, as part of their obligation to observe the requirements related to the type of activity, issued by virtue of the decisions taken by the Minister of Municipal, Rural Affairs and Housing. The Committee requests the Government to indicate the specific provisions giving effect to Article 15 as well as to provide information on any other measures taken or envisage to ensure that, where necessary, suitable facilities for changing, leaving and drying clothing which is not worn at work are provided and properly maintained in workplaces covered by the Convention.

Article 18. Protection against noise and vibrations. In reply to the Committee’s previous request on measures taken or envisaged to reduce vibrations likely to have harmful effects on workers, the Government indicates that the requirements of OSH for workers in all areas include protection against the dangerous impact of exposure to vibrations when exposure exceeds a specific level. In this respect, it makes reference to the rules for safeguarding the recommended authorised limits for exposure to vibrations in the work environment issued by the Saudi Standards, Metrology and Quality Organization, indicating that they include the general requirements on vibrations and the specific requirements related to notification, maintenance, and inspection. The Committee requests the Government to provide a copy of the mentioned rules and identify the provisions giving effect to Article 18 of the Convention.

Protection against specific risks

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Articles 1, 3 and 5 of the Convention. Scope of application and definitions. System for the identification of major hazard installation. The Government indicates that the High Commission for Industrial Security (HCIS) completed a comprehensive update of the Safety and Fire Protection Directives for Industrial Facilities (SAFs) in 2017. In this context, the Government sought to expand the scope of supervision of the HCIS in several areas and sectors including the transport sector, such as railways, as well as the sector of military industries. In this respect, the Committee notes the detailed list of SAFs issued by the HCIS in 2017, as well as the regulations for industrial security (which cover areas of security, safety and fire protection) issued through decision of the Council of Ministers in the period 2018-2022. The Government indicates that the SAFs give effect to Article 3 of the Convention. Regarding the establishment of a system for the identification of major hazard installations, the Government indicates that the SAFs require employers to conduct detailed technical studies, prepared by qualified independent consultants, which address all types of emerging hazards and their management and prevention, enabling industrial installations to establish hazard registers managed according to national regulations. According to the Government, this system ensures full disclosure of major hazards by all installations and that appropriate measures are taken by stakeholders. The Committee notes that the Government refers to studies undertaken at the level of the establishment but does not indicate if the overall system for the identification of major hazard installations, based on a list of hazardous substances which contains specific thresholds, has been set up. The Committee requests the Government to provide a copy of the referenced SAFs to enable it to evaluate the effect given to the provisions of the Convention. The Committee requests the Government to clarify how these provisions cover all major hazard installations, as defined in Article 3 of the Convention. The Committee requests the Government to indicate the specific provisions of national laws and regulations requiring the competent authority to establish, after consulting the most representative organizations of employers and workers and other interested parties who may be affected, a system for the identification of major hazard installations as defined in Article 3(c), based on a list of hazardous substances or of categories of hazardous substances or of both, together with their respective threshold quantities.

Article 4. Formulation, implementation and periodical review of a coherent national policy. The Government indicates that the update of the SAFs was completed by the HCIS in March 2017 with the participation of several major hazard installations, stakeholders and competent persons both inside and outside the labour system related to hazard installations. The Committee requests the Government to provide specific information on consultations held with the most representative organizations of employers and workers in the periodic review of the SAFs, as required by this Article of the Convention.

Article 6. Protection of confidential information. The Committee notes that with the update of SAF-02 in 2017, the section on the protection of trade secrets while ensuring access of workers to such information was maintained. Noting that the Government has not addressed the Committee’s previous request, the Committee requests once again the Government to indicate the manner in which risks to the public and the environment are taken into account in the context of protecting confidential information and to provide information on consultations held with the representative organizations of employers and workers concerned.

Article 8.Notification of any major hazard installation to the competent authority. The Government indicates that SAF-13, as updated in 2017, obliges installations falling under the scope of supervision of the HCIS, and whose resulting hazards have been analysed, to set down the requirements of safe work performance in accordance with work permits and to set down the necessary solutions for handling them. The Committee requeststhe Government to indicate the measures taken or envisaged to ensure that employers notify the competent authorities: (i) of any major hazard installation which they have identified within a fixed time frame for an existing installation and before it is put into operation in the case of a new installation (Article 8(1)(a) and (b) of the Convention); and (ii) before any permanent closure of a major hazard installation (Article 8(2) of the Convention).

Articles 11 and 12. Safety reports. In reply to the Committee’s previous request, the Government indicates that effect is given to Article 11(b) of the Convention through section 9.10 of SAF-09, as updated in 2017, according to which, the programme of the Department of Safety of Operations includes managing changes in operations and equipment, and using methods to detect any temporary changes, with the goal of maintaining and enforcing appropriate safety standards and regulations. With regards to communication of safety reports to the competent authority under Article 12 of the Convention, the Committee notes the Government’s indication that under section 8.3.3 of SAF-09, as updated in 2017, all reports and procedures of external and internal evaluation of the programme of safety of operations, and the recommendations which need to be taken, shall be made available to the HCIS. Furthermore, Order No. 707 taken by the Council of Ministers in 2022 specifies that all installations falling under the scope of supervision of the HCIS shall provide all the necessary documents, information, data and reports to the HCIS so as to carry out its mandate and duties and to enable it to undertake field surveys of all installations. Noting this information, the Committee requests the Government to indicate whether provision is also made to review safety reports at intervals prescribed by national laws or regulations (Article 11(c)) and at the request of the competent authority (Article 11(d)).

Articles 13 and 14. Accident reporting. The Government indicates that under section 11.2.2 of SAF-25, as updated in 2017, an employer is required to submit a report on investigation of major accidents to the HCIS for its examination, review, and its adoption. Moreover, an employer is also required to submit a report on remedial action taken with respect to the accident after the month of December of each year. The Committee recalls that under the terms of Article 13 of the Convention, major accidents shall be reported as soon as they occur so as to allow the competent authorities to take the necessary emergency and remedial actions. The Committee requests the Government to indicate how it ensures that employers have a duty to inform without delay the competent authorities of the occurrence of an accident.

Articles 15 and 16. Off-site emergency preparedness. The Government indicates that SAF-20, as updated in 2017, requires the employer to develop and implement plans before the onset of accidents, and to develop response plans to all emergency cases during their occurrence. The Committee notes that governmental and non-governmental bodies are notified of such plans through the installations’ industrial security departments which carry out several response simulations to emergencies with the participation of all relevant bodies. Under the national framework for risk management, the HCIS is represented in the executive committees of the National Risk Council related to the management of emergency cases at the national level. The Government indicates that SAF-02, as updated in 2017, includes a provision on community awareness and emergency response. Recalling that Article 15 refers to the obligation to ensure that emergency plans and procedures contain provisions for the protection of the public and the environment outside the site of each major hazard installation, the Committee requests the Government to indicate whether the National Risk Council is the competent authority in charge of off-site emergency preparedness according to Article 16 and provide more information in this respect.It requests the Government to provide a copy of the referenced SAFs and identify the provisions which give effect to Articles 15 and 16 of the Convention. The Committee requests the Government to provide information on the measures taken, in law and in practice, to ensure the dissemination of off-site preparedness by the competent authority as required under Article 16.

Articles 18(2) and 19. Right for representatives of employers and workers to accompany inspectors. Right for the competent authority to suspend activities posing a risk. The Government indicates that effect to these Articles is given through Order No. 707, according to which employees of the HCIS are endowed with high technical skills which enable them to carry out the duties of inspection, verification, investigation and evaluation of all installations in accordance with the mechanisms of operation of the HCIS. The Committee requests the Government to indicate measures taken to give effect to Article 18(2) as regards the right for representatives of employers and workers to accompany inspectors and Article 19 as regards the right for the competent authority to suspend activities posing a risk.

Articles 20 and 21. Rights and duties of workers and their representatives. The Committee notes the Government’s reference to section 9.1 of SAF-02, as updated in 2017, which provides for the participation of workers in the development and implementation of the safety process. SAF-02 also requires the provision of information and training to employees (sections 8.2.1, 9.2, and 9.5). The Government indicates that all installations under HCIS supervision must establish integrated installations’ industrial security departments, which are responsible for employee training, awareness, and monitoring compliance with safety measures, including emergency response training in coordination with the HCIS. These departments implement HCIS regulations, receive technical supervision and support by the HCIS, and report to the highest executive authority at the installation, as approved by HCIS. Noting that the Government has not provided information on the rights of workers’ representatives in particular, the Committee requests the Government to indicate measures taken to give effect to Article 20 as regards the rights of workers’ representatives. It also requests the Government to indicatewhether any provisions of the national legislation provide for the duties of workers as described in Article 21.

Article 22. Responsibility of exporting States. The Government indicates that prohibiting the use or export of technologies or processes that are potential sources of major accidents is regulated by integrated governmental regulations across numerous national bodies, in conformity with international Conventions. The Committee requests the Government to indicate the specific provisions of national laws and regulations which provide that when the use of hazardous substances, technologies or processes is prohibited as a potential source of a major accident, the information on this prohibition and the reasons for it is made available by the exporting State to any importing country.

Application of the Convention in practice. In reply to the Committee’s previous request, the Government indicates that the SAFs, along with other relevant national regulations, have significantly improved compliance with the Convention and have led to the development and updating of numerous programmes of the installations’ industrial security departments, reducing major industrial accidents, as well as to the establishment of necessary procedures in collaboration with various bodies and institutions. Inspection activities are conducted through periodic visits by specialized personnel from HCIS, as well as through experiments and simulations that mimic major hazards of the safety of operations at all major hazard installations. Additionally, the industrial security departments at installations play a crucial complementary role, guided by job descriptions from the HICS that cover security, safety, and fire protection. Taking note of the information on the general appreciation of the manner in which the Convention is applied in the country, the Committee requests the Government to supply statistical data concerning inspection visits conducted, the number and nature of infringements reported, and sanctions imposed.