Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee notes the information provided by the Government in its report. Based on available information it appears that the national legislation only ensures partial conformity with the Convention. The Committee requests the Government to provide, in its next report, the information on the following points.

2. Article 1 of the Convention. Scope of application. The Government cites the regulations on occupational safety and health among the provisions that give effect to the Convention. The Committee requests the Government to communicate in its next report a copy of these regulations as well as copies of decisions taken by the Minister of Labour pursuant to articles 130 and 134 of the Labour Code.

3. Article 4. Formulation, implementation and periodical 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 organizations 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.

4. 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 organizations of employers and workers and other interested parties who may be affected.

5. 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 a position to protect confidential information and that regulations regarding the requirements related to the handling of classified information are 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 organizations of employers and workers and other interested parties who may be affected.

6. 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.

7. 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.

8. 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.

9. Article 17. Siting of major hazard installations. 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.

10. 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.

11. 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 these consultation committees and to submit a copy of the relevant legal provisions giving effect to these Articles of the Convention.

12. 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 concerning the manner in which it is ensured that 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 is made available to any importing country.