Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la prevención de accidentes industriales mayores, 1993 (núm. 174) - Arabia Saudita (Ratificación : 2001)

The Committee notes the information provided by the Government including references to a series of “instructions and guidelines” on occupational safety and health such as the Safety Directives (SSDs) developed by the High Commission for Industrial Security (HCIS) – composed of Safety and Fire Protection Directives for Industrial Facilities (SAFs) and Security Directives for Industrial Facilities (SECs). The Committee also notes the list of “HCIS General Compliance References” in the report from the HCIS attached to the Government’s report and that this report includes references to numerous “codes and guidance” documents. The Committee notes, however, that the referenced documents were not attached to the report and that the Government does not provide further details regarding the status of these documents. The Committee welcomes the information that the Government is reviewing the need for further legislation in application of Section 131 of the Labour Code and that in this context the issues raised by the CEACR shall be taken into account. The Committee requests the Government to provide further information on the status of the referenced documents and to submit copies of the documents which the Government considers to be relevant for the application of the Convention. The Committee also requests the Government to keep it informed of any legislative changes and to provide copies of relevant laws and regulations once they have been adopted.

Article 1 of the Convention. Scope of application. The Committee notes that the Government refers to all the SAFs and SECs relevant for the application of this Convention but makes not further reference to the Regulations on occupational safety and health. The Committee notes, however, that without access to the texts of the SAFs and SECs referred to it is not possible to evaluate the effect given by these directives to this provision of the Convention. As stated above, the Committee requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to these provisions of the Convention.

Article 4. Formulation, implementation and periodically review of a coherent national policy. The Committee notes that while the information provided is limited to a reference to the activities of the HCIS the Government indicates that with its next report it will provide further information on the application of the present article of the Convention. The Committee therefore reiterates its request to the Government to provide in its next report detailed information on the measures taken in this respect and communicate copy of the mentioned plans and list of classification of undertakings. It also requests the Government to provide information on measures taken to ensure that the most representative organisation 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 installation. The Committee notes the information that the identification and classification of the level of hazard posed by industries within the country is managed in several steps by the HCIS on the basis of the SAFs. It also notes that the SAFs and the SEC have been developed in cooperation with all the major industrial organization in the country and that they are reviewed regularly with world-wide experts to ensure that the industries in the country satisfy the most up-to-date requirements. While the referenced SAFs and SECs may serve the general purpose of ensuring safe operations of industrial facilities, the Committee would like to emphasize that the system referred to in Article 5 is intended to serve the specific purpose of identifying major hazard installations as defined in Article 3(c) of the Convention i.e. “one which produces, processes, handles, uses, disposes or stores, either permanently or temporarily one or more hazardous substances or categories or substances in quantities which exceed the threshold quantity.” The Committee would also like to draw the Government’s attention to the terms of Article 5(2) regarding the need to ensure that the system set up is regularly reviewed and updated. The Committee again invites the Government to provide it with further information on progress made in the implementation of this provision taking into account the requirement to hold consultations on these issues with the most representative organisation of employers and workers and other interested parties who may be affected.

Article 6. Protection of confidential information. The Committee notes the reference to MOI/MCIS SEC-12 Information Protection but that consultations are ongoing to formulate relevant regulations to implement this provision. The Committee would like to draw the Government’s attention to the fact that this Article regulates the balance to be struck between the need for disclosure of information regarding major industrial hazard installations in order to serve the preventive purposes of the Convention, and the need maintain the confidentiality of information whose disclosure would be liable to cause harm to an employer’s business, and that the representative organizations of employers and workers concerned are to take active part in this process. The Committee requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to these provisions of the Convention. The Committee invites the Government to submit any new regulations once they have been adopted taking into account the requirement to hold consultations on these issues with the most representative organisation 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 the information that industrial facilities are classified according to security and safety risk through provisions in the HCIS Security and Safety Directives and that the criteria for security classification are contained in SEC-01 Application of Security Directives. The requirements for safety and fire protection are contained in individual Directives in the HCIS Safety and Fire Protection Directives for Industrial facilities. This includes SAF-02, and SAF-06, involving process safety management, process hazard analyses, emergency planning, pre-incident planning and plant layout and spacing. On a country-wide level the Saudi Aramco Major Incident Recommendation (SAMIR) Committee investigates major accidents and recommends remedial actions. The facility where the accident occurred is required to respond in writing as to the status of all recommendations. The Committee notes, however, that without access to the texts of these directives, it is not possible to evaluate the effect given by these directives to this provision of the Convention. The Committee requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to the Article 7 and 8 of the Convention. The Committee also requests the Government to provide information on the effect given, in law and in practice, to Articles 9–12.

Articles 13 and 14. Accident reporting. The Committee notes the information that in case of a serious accident the central HCIS office assembles an investigation committee to investigate the event resulting in a report to the HCIS. It also notes the Government’s stated intention to review the activities of the investigation committees. In such a context the Committee would request the Government to take into account also the terms of Article 14(2) which require that the accident reports should include recommendations detailing actions to be taken to prevent a recurrence. 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 reference made to HCIS SEC-1 Application of Security Directives; SAF-02 Environmental Health and Safety Management; and SAF-20 Pre-incident Planning and Management of Emergencies which reportedly give effect to these provisions. The Committee notes, however, that without access to the texts of these directives, it is not possible to evaluate the effect given by these directives to this provision of the Convention. As stated above, the Committee requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to these provisions of the Convention.

Article 17. Siting of major hazard installations: The Committee notes the reference made to SEC-1 Application of Security Directives: SAF-2 Environmental Health and Safety (EHS) Management; SAF -03 Plant Buildings, SAF-06 Plant Layout, Spacing, and Access; SAF -08 Storage Tanks and Storage Vessels; SAF -10 Pressure piping, Pressure Vessels & Transportations Pipelines; SAF 14, Safe Manufacture, Transportation, Storage and Use of Explosive Materials and Pyrotechnic Articles; and SAF-20 Pre-incident Planning and Management of Emergencies which reportedly give effect to this provision. The Committee notes, however, that without access to the texts of these directives, it is not possible to evaluate the effect given by these directives to this provision of the Convention. The Committee would like to recall that this provision of the Convention requires the adoption of a comprehensive siting policy arranging for appropriate separation of proposed major hazard installations from working and residential areas and public facilities, as well as for the taking of “appropriate measures” for existing installations. As stated above, the Committee requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to these provisions of the Convention.

Articles 18 and 19. Inspection. Articles 20 and 21. Rights and duties of the workers and their representatives. The Committee notes the reference made to HCIS SEC-1 Application of Security Directives; SAF-02 Environmental Health and Safety Management; and SAF-20 Pre-incident Planning and Management of Emergencies which reportedly give effect to these provisions. The Committee notes, however, that without access to the texts of these directives, it is not possible to evaluate the effect given by these directives to this provision of the Convention. The Committee requests the Government to provide a copy of the referenced legislation to enable it to evaluate the effect given to these provisions of the Convention.

Article 22. Responsibility of exporting states: The Committee notes the reference made to the International Code for the Security of Ships and Port Facilities, the Safety of Life at Sea Convention and to the SAF-02 Environmental Health and Safety Management. The Committee requests the Government to provide further detailed information on the relevance to the referenced documents and to provide copies of any relevant instruments giving effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country and supply extracts from inspection reports and information on the number and nature of infringements reported as well as on the application in practice of the SAMIR Committee.

Technical assistance. The Committee notes the information that the Government is currently examining the possibility of soliciting ILO technical assistance in order to clarify different issues to ensure compliance with the present Convention. The Committee requests the Government to communicate its decision in this respect to the Office.