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REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

A KINGDOM OF SAUDI ARABIA

Royal Decree No. M/51 "Labor


23/08/1426 Health and
A.1 M/51 Law" dated 23 Sha'ban 1426 (27 Article 2 Introduction Terms and definitions In force
27/09/2005 Safety
September 2005)

Article 5
Typology of workers to whom the law appllies to
Article 6

Obligation to issue a corporate/work unit regulation, to be submitted to the


Ministry of Labor within a year from reaching the quota of 10+ workers. The
Article 12 regulations shall include rules and provisions for violations and related
disciplinary actions/penalties

The Ministry has 60 (sixty) days to approve the regulation since its
submittal. After the period expires, the regulation may be considered
Article 13 effective. The regulation must be displayed in prominent location(s) in order
to ensure all workers' awareness.

Article 16 Ultimate liability of employer


Obligation for the employer to change the position/task of a worker who got
Article 29 injured in the workplace, and who is no more fit to carry on his tasks due
said injury
Obligation for the employer to ensure training of workers and keep related
PART IV
Training records, and to train a number of Saudi workers not less than 6% of the
Chapter 1 total amount of his workers.
Workers may not be changed their positions stated in work contracts/written
Article 60 Organization consents, unless dictated by transient circumstances and for a period not
exceeding 30 (thirty) days
Obligation for employers and staff to forbid entry of illegal substances in the
Article 63 Illegal substances workplace

1) Abidance to instructions (which shall not be in discordance with the


employment contract) provided by the Employers
2) Care of all employer's properties of whichever kind
3) Conduct during workhours
Article 65 Duties (workers) 4) Assist in emergencies management without any contigency
5) Undergo medical examinations requested by the employer
6) Keep confidential all secrets and info concerning the company, workplace
and activities

Disciplinary and
Article 66 Typology of disciplinary penalties the employer may inflict to the worker
sanctions regime
"An employer may not inflict on a worker a penalty not provided for in this
Article 67 Law or in the work organization regulation."
"The penalty shall not be made harsher in the event of repeated violation if
180 (one hundred eighty) days have elapsed since the previous violation
Article 68 was committed, calculated from the date the worker is informed of the
penalty for that violation"
REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

"A worker may not be accused of any offense discovered after the elapse of
more than 30 days, nor shall he be subjected to disciplinary penalty after
Article 69 the elapse of more than 30 days from conclusion of the investigation and
establishment of the worker’s guilt"

A worker may not be fined for a single violation more than 5-day wage, and
Article 70 for the same violation he can't receive more than 1 penalty. In one month,
he can't be fined nor suspended without pay > 5 days

"A disciplinary action may not be imposed on a worker except after notifying
him in writing, interrogating him, hearing his defense and recording in
Article 71 minutes to be kept in his file. The interrogation may be verbal in minor
violations whose penalty does not go beyond a warning or a deduction of 1­
day salary. All to be recorded in minutes"

The worker has 15 days to object to the decision of imposing the penalty
Article 72 upon him, from the date of notification of the final decision
"Fines imposed on the workers shall be entered in a special record, showing
Article 73 the worker’s name, his wages, the amount of the fine, reasons and date of
the fine […]"
Article 80 Termination for reasonable cause (especially legs 1, 2, 3 and 4)
Rights of the worker for leaving the job without notice (especially legs 3, 4, 5
Article 81 Notice period and 6)

Royal Decree No. M/34


28/07/1422
A.2 M/34 "Environmental Law", dated 28 Article 1 Intro Terms and definitions In force Environment
15/10/2001
Rajab 1422 H (15 October 2001)

Purpose of the law. References are made to principles of pollution


Article 2 prevention, protection of the public health, use of natural resources,
environmental planning and environmental awareness

Licenses and Environmental Assessment studies mandatory during feasibility study for
Article 5 Projects which require licensing
assessment
"The authority executing […] projects […] shall utilize the best available
Article 6 Obligations technologies suitable for the local environment and the least polluting
materials"

Obligations of all subject to law


1&2) proper use of natural resources
3) recycling and reuse
Article 8 4) develop technologies and systems consistent with local and
regional environmental conditions
5) develop technologies of conventional building materials

Article 9 Emergency Obligation to devise emergency plans, and to ensure that sufficient means
Leg 3 Management to implement them are available

Article 11 Obligation to take appropriate measures to limit effects/reduce the likelihood


Leg 2 of their occurrence
REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

1) Obligation for safe storage, handling and disposal of waste and soils
resulting from excavation, demolition and construction works
2) emissions (liquid and solid waste included) resulting from burning of any Refer to
type of fuel must be within maximum allowable limits Implementing
Soils and
Article 12 3) Obligations to undertake preventive and protective measures against Regulations for all
emissions leaks and emissions of air pollutants (facilities included) measures and
4) "an enclosed and semi-enclosed public place shall meet ventilation precautions
requirements adequate to its area, capacity and type of activity carried out
therein"

Obligations for water and soil protection, as well as for noise control and
Water and soil
Article 13 reduction, with reference to maximum allowable limits indicated in the
protection Implementing Regulations
Prohibition to introduce any kind of hazardous waste in KSA; compliance
Article 14 Hazmat with IR for management of hazmat.
"Credit funds shall deem compliance with environmental laws and standards
Environmental
Article 16 an essential condition for disbursement of loan installments to relevant
relevancy projects"

1) Violators of article 14: max 5 years of prison and/or 500.000 SAR fine +
payment of damages + removal/remediation of violation. Facilities closed for
maximum 90 days. In case of repetition: fines and imprisonment term may
be maximum doubled (10 years prison/1 mln SAR fine), and facilities
Disciplinary, temporarily or permanently closed
Article 18 sanctions and 2) Violators of other articles: maximum fine 10.000 SAR +
grievance regime removal/remediation of violation. In case of repetition: max 20.000 SAR fine
+ max. 90 days of closure of the facility.
NOTE: It is clearly pointed out that the disciplinary actions listed before are
all to be considered "without prejudice to any harsher penalty established by
the provisions of the Sharia or any other law"

Article 20 Description of how the Grievance mechanism is organized

"Rules for Implementation",


M/34 28/07/1422 Correspondence
A.3 dated 28 Rajab 1422 H (15 Article 1 Intro Terms and definitions In force Environment with a. 2 of M/34
Appendix 1 15/10/2001
October 2001)
Article 2 Goals of the Law and its Rules for Implementation
" […] Each person shall be held responsible for environmental
Article 4 Duties and
transgressions and violations falling within his area of operations regardless
Leg 4.1.2 responsibilities of them being a contractor or subcontractor"

"Public and concerned agencies and other persons in­charge of


Article 5 implementing or operating projects shall periodically provide the Competent
Leg 5.5 Agency with a statement advising that they are in compliance with the
environmental standards and guidelines"
Correspondence
Article 6 Sust. Develop. Sustainable development and use of best practices and technologies with a. 6 of M/34

Interface with Competent Agency (PME) concerning:


Article 8 Interface with local 1&2) proper use of natural resources; Correspondence
3) establish contigency plans for protection of ecosystems and NR; with a. 8 of M/34
Leg 1 authorities 4) Restoration and rehabilitation plan for deteriorated ecosystems;
5) assistance from local and international EPPSD organizations
REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

Obligation to devise emergency plans, and to ensure that:


1) trained and qualified manpower, and required technologies and
Article 9 Emergency equipment for mitigation of emergencies shall be provided Correspondence
Leg 3 Management 2) "[…] the emergency plans prevent or alleviate the risks of potential with a. 9 of M/34
adverse environmental impacts of such projects to the minimum and comply
with the environmental standards, criteria and guidelines"

1) Obligation to ensure that design and operation are in compliance with the
applicable regulations and standards
1.1) EIA - responsibility of Project owner
1.2) Obligation to carry out environmental monitoring
1.3) Obligation for all parts to comply with criteria, guidelines and
Environmental instructions as provided for in the law, regulations and PME
2) Obligation to undertake preventive and mitigative measures
monitoring,
Article 11 2.1) "Any person engaged in an activity with potential adverse
protection and environmental impacts shall fully abide by and implement the environmental
remediation standards and guidelines [...]"
2.2) Obligation for mitigation and remediation of caused pollution/impact,
within specified period and to the degree required. Specified that " [...]If
such person fails to fulfill these obligations, he will incur all costs resulting
from the process of stopping the pollution, monitoring, followup and
remediation of all damages caused by it"

1.1) Compliance with conditions set by licensing/relevant authorities when


carrying out dust/waste breeding activities
2.2) Obligation to employ means, techs and alternatives to minimize
impacts and emissions from feul burning Correspondence
3.3) Follow up by authorities of illnesses related to deterioration of work with a. 12 of M/34
Article 12 Air emissions environment (developing of
3.4) Responsibility of the Employer to bear the costs necessary for work- respective points)
related illnesses resulting from deterioration of indoor work environment,
exposure to pollution, when these are confirmed in accordance with relevant
regulations

Water and soil Obligations for water and soil protection, as well as for noise control and
reduction, with reference to maximum allowable limits indicated in the
Article 13 protection; noise Implementing Regulations. It includes reference to water discharges and
control erosion and sedimentation protection

2.2) Among the others, production, transport and storage of toxic,


hazardous and radioactive materials is subject to license and requires the
abidance to it;
2.4) Full responsibilty for env. Incidents involving hazmat
Article 14 Hazmat 2.5) Cooperation and coordination with PME to implement and develop
training programs
2.6) Mandatory license for disposal of toxic, hazardous and radioactive
materials
3.3) Full liabilty for remediation of pollution

"Commitment to environmental protection regulations and standards must


Environmental
Article 16 be a conditional prerequisite for receiving loans for projects from lending
relevancy agencies"
REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

1)Competent agency shall obligate the violator to:


a) Eliminate negative impacts and stop them, rectify their effects within the
times set by relevant criteria and standards;
b) Submit report showing steps taken as corrective action, which shall be
approved by the Competent Agency.
Principles for definition of violations/contraventions by authorities:
1) Violation of any environmental standard, condition or guideline;
2) Failure to report on time incidents, impacts arising from Project
operations, exceeding the pollution levels set in standards;
Violations and 3) Failure to comply with procedure issued by CA for remediation
Article 17 4) Failure to comply with deadlines instructed for remediation;
Penalties
5) Withholding or providing incorrect information from/to Competent or
Public Agency in case of violations to standards/conditions
6) Impeding or preventing employees appointed by CA;
7) Misuse of/interfering with measurement and monitoring devices;
8) Failure to activate and implement emergency plans, providing
resources for their implementation, and performing periodic maintenance
programs for emergency devices and equipment;
9) Any other case that may arise as decided by the Competent Agency in
coordination with licensing and other relevant agencies

In addition to the principles as provided for in the same article number of the
Article 18 Law, the Committee has right to give fines specified for each violation, in
case of several simultaneous violations

Actions for violation procedure


1) Inspection and Monitoring Operations (carried out by governmental
specialized teams, divided among inspection and contamination
detection, and teams for lands, marine and air monitoring);
2) Automatic Detection Operations (conducted through networks of
automatic detection and observation units available in the facilities
Article 19 which are operated by the projects. Information concerning these shall
be provided to CA/concerned/licensing agencies, to review and
determine violations and level of compliance with environmental
standards);
3) Notifications (CA shall receive notifications concerning any kind of
violations from concerned part. Inspection and monitoring teams will
then ensure followup).

1.2) Penalty recipients for violations of article 14 "may file an appeal to the
Grievance Bureau within sixty (60) days from the date of notification of the
penalty. If such a complaint is not made within the specified period, his right
Article 20 of grievance shall lapse and the stipulated penalty shall be effective as of its
date of issuance";
2.2) Appeals for violations outlined by committees shall be filed to
Grievance Bureau. Process is the same as described at point 1.2.
REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

Committees may request immediate elimination of the violation without


awaiting the issuance of the decision by Grievance Bureau:
1) if the violation has major HSE, social and economic impacts, and not to
immediately remove the violation will aggravate such impacts;
2) costs and/or losses for violator to remove the violation will not be
Article 21 considered as part of the fines/compensation imposed;
3) if the violator is considered not to possess technical capabilities to
remove the violation, the CA/competent committee may assign qualified
agency/person to remove the violations in accordance with the provisions
stipulated by CA and within prescribed times. The violator will pay all costs
arising from such activities.

Standards,
Environmental Protection criterias, etc.
01/11/1402H
A.4 - Standards issued by Presidency Article 2 Introduction Purpose In force Environment provided in
20/08/1982 separated relevant
of Meteorology and Environment
PMEs

Article 4 Definitions
Article 5 Applicability
Article 6 Scope and interpretation

"All new major facilities as well as major modifications to existing facilities


shall be designed, operated and maintained so as to avoid exceedances of
Article 7 the ambient environmental standards as promulgated for the Kingdom at
the time of approval of the design"

An exemption from the application of some source or performance


Article 9 standards may be granted upon evaluation by the PME after submittal of
exemption request by the Owner

B INTERNATIONAL LAWS

Attuazione dell’articolo 1 della


legge 3 agosto2007, n. 123, in
D. Lgs Italian OHSA. Applicable to the expatriate Personnel. The applicability is concerning: appointment of
B.1 09-Apr-08 materia di tutela della salute e In force Safety ITA
81/08 "RSPP"; Medical Surveillance; Periodical Meeting; Election of "RLS"; Training and Awareness
della sicurezza nei luoghi di
lavoro (Testo Unico)

Disciplina della responsabilita'


amministrativa delle persone
giuridiche, delle societa' e delle
Liability of Company concerning several non-compliances, and ensurance of adopting Ethic Model to be
B.2 D. Lgs 231 08-Jun-01 associazioni anche prive di In force Safety ITA
implemented during the activities, at all corporate levels.
personalita' giuridica, a norma
dell'articolo 11 della legge
29.09.2000, n. 300"

ISO Environmental Management Reference International Standard for the setting out and implementation of Environmental Management
B.3 In force Environment ITA
14001:2004 Systems - Requirements Systems
REGISTER OF APPLICABLE HSE LAWS, STANDARDS AND REGULATIONS

Code nr. Number Date Title Section/ Part Main field Description/relevant information Status Matter Remarks

Occupational Health and Safety


BS OHSAS Reference International Standard for the setting out and implementation of Health and Safety
B.4 Management Systems - In force Safety ITA
18001:2007 Management Systems
Requirements
First Aid Facilities at all work sites;Provision of First Aid facilities General provision to protect employees
Ministerial Decision First Aid
from workplace hazards Environment
Facilities

Each employer shall provide suitable means to protect employees from the dangers of accidents and
Ministry of Labor Safety
occupational diseases that may occur during the working hours.

Under the General Organization for Social Insurance system required the employer to pay a % from his
salary for further treatment in case of injury, and compensation. From the part of GOSI.
General Organization of social Follow-up to provide occupational health and safety requirements in the facilities through sites visits.
dissemination of safety and awareness of the importance of the application of safety requirements in all Environment
Insurance
work sites to reduce the incidence and injuries ,

Traffic Control Various codes of practice details specific control measures for specific activities Environment

Educate and training workers to reduces the number of injuries that may be exposed to it through the
work activities.Transport and management of waste Handling of hazardous and medical waste Health and
Ministry of Health
Safety

Civil Defense Set minimum standards that are required to be provided for each employee Environment

Royal Commission for industrial Health and


General provision to protect employees from workplace hazards
safety Safety

GCC for Development of the Health and


General protection of all natural resources within the GCC
Environment Safety

GCC for Development of SH&E


Overall requirement to reduce Accidents
Plan

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