Occupational Safety and Health Convention, 1981 (No. 155) - Bahrain (Ratification: 2009)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2(2) and (3). Categories of workers excluded from the application of the Convention. Public sector. The Committee notes that pursuant to the new Labour Code (promulgated by Law No. 36 of 2012), exemptions from specific branches of economy only relate to the public sector. However, the Government indicates that the Civil Service Law requires the adoption of occupational safety and health (OSH) measures. The Committee takes note of this information.

Domestic workers. The Committee notes that domestic workers, workers of a similar occupation, and members of the family of employers are excluded from the new Labour Code. The Committee also notes the explanations of the Government concerning the reasons for this exception, namely the practical difficulties of inspection in view of the prohibition of labour inspectors to enter private homes. The Committee requests the Government to indicate any progress towards a wider application of OSH legislation concerning these categories of workers, in accordance with Article 2(3) of the Convention.

Articles 4–8 and 15. National policy on OSH and spheres of action covered by this policy. The Committee previously noted that a national policy on OSH was under development but had not yet been adopted, and that the establishment of a new Higher OSH Council with tripartite representation was envisaged.

The Committee notes that Law No. 36 of 2012 promulgating the Labour Code contains a chapter on OSH and that numerous ministerial orders have been adopted to put this Code into effect. It also notes with interest the Government’s indication that the Higher OSH Council was set up with representatives from several ministries, environmental and OSH bodies and employers’ and workers’ organizations (thereby giving effect to section 175 of the new Labour Code and Ministerial Order No. 2 of 2015). The Committee notes that one of the main functions of this Council is formulating a national policy on OSH and ensuring its implementation through proposals for national legislation on OSH. The Committee notes the Government’s indication that it will examine possible measures, through this Council, for the adoption of a national policy on OSH. The Committee requests the Government to continue to provide information on the progress made towards the development of a coherent national policy on OSH and to provide a copy of any relevant texts adopted in this respect.

Articles 9 and 14. Activities, including labour inspection and training activities, aimed at the prevention of occupational accidents in the construction sector. The Committee notes the Government’s reference, in reply to the Committee’s request concerning measures taken to address the high incidence of occupational accidents among migrant workers in the construction sector, to a number of measures concerning the construction sector, including: (i) labour inspection campaigns and targeted inspection visits; (ii) the examination of the causes for the increase in the number of occupational accidents; (iii) awareness-raising activities and the preparation of publications and guidelines for workers in English and Arabic; and (iv) the issuing of Order No. 3 of 2013, which prohibits work at noon to avoid accidents and diseases as a result of temperature fatigue. The Committee also notes the Government’s indication that there is a general decrease in the number of fatal and other occupational accidents in all sectors that had resulted from non-compliance with safety rules at the workplace. The Committee takes note of this information.

Article 9. Adequate and appropriate system of labour inspection. The Committee notes that the Government, in reply to the Committee’s previous request, refers to Order No. 29 of 2013, which specifies the duties of labour inspectors and their mandate, labour inspection rules and procedures. The Committee also notes the information provided by the Government on the strengthening of labour inspection functions in the area of OSH through the creation of an OSH unit at the Ministry of Labour. Concerning the requirement for an adequate and appropriate system of labour inspection, the Committee refers the Government to its comments under Convention No. 81.

Article 11(a) and (b). Functions to be progressively implemented. Determination of the design, layout and construction of undertakings. Determination of prohibited work processes and substances. The Committee previously noted the Government’s reference to several Ministerial Orders in the area of OSH governing, among other things, technical requirements needed for industrial machines and equipment.

The Committee notes the Government’s indication, in reply to the Committee’s request for further information concerning prevention in relation to the areas listed in Article 11(a) and (b), that numerous new Ministerial Orders (implementing the chapter on OSH of the Labour Code) provide for procedures governing safe working methods and the prevention of occupational hazards, including among others, Order No. 6 of 2013 relating to fire hazards, Order No. 31 of 2013 relating to electricity hazards, and Order No. 4 of 2014 relating to safety measures at construction sites. In this regard, the Committee also notes that the Government has sent, with its report, 15 new Ministerial Orders in the area of OSH adopted since 2013 including Order No. 5 of 2014 relating to the protection of workers from hazards in the lifting of equipment, Order No. 15 of 2014 relating to the protection of workers from hazards related to chemical substances, and Order No. 28 of 2014 relating to the determination of protective measures against hazards from boilers, vapour utensils, etc. The Committee takes note of this information.

Article 11(c). Functions to be progressively implemented. Notifications of occupational accidents and diseases. The Committee notes the Government’s indication, in relation to the Committee’s previous request to clarify the definition of occupational diseases, that pursuant to the Social Security Law promulgated by Decree No. 24 of 1976 (schedule on occupational diseases), occupational diseases are defined as diseases which “affect” workers as a result of their work. The Government adds that occupational diseases also include “contagious diseases”, as further prescribed by Ministerial Order No. 3 of 2001 which comprises a schedule on diseases resulting from work, including diseases resulting from biological factors, bacterial or viral infections, that is, naturally contagious diseases. The Committee also notes the Government’s indication that Ministerial Order No. 12 of 2013 now governs the notifying of occupational accidents and diseases. The Committee takes note of this information.

Article 11(d) and (f). Functions to be progressively implemented. The holding of inquiries; provision for a system of risk assessments concerning chemical, physical and biological agents. The Committee notes that the Government, in response to its previous request concerning the carrying out of accident inquiries, refers to the responsibility for the investigation of occupational accidents and diseases by the OSH unit of the Ministry of Labour, and to the relevant statistical information for 2013 and 2014. Concerning the provision of a system of risk assessments, the Committee notes the Government’s indication that section 167 of the new Labour Code requires employers to assess and analyse potential hazards, establish and subsequently test emergency plans, and provide relevant training to workers. The Government adds that certain ministerial orders also refer to the obligation of employers to carry out periodic assessments of hazards, and to review the preventive procedures with respect to occupational hazards. The Committee takes note of this information.

Articles 13 and 19(f). Protection of workers who removed themselves from situations they believe to present imminent and serious danger. The Committee notes the Government’s indication, in reply to its previous request, that section 16 of Ministerial Order No. 8 of 2013 on OSH in establishments provides for the right of workers to leave the workplace if they have good reason to believe that they are exposed to an imminent danger which directly threatens their life or health, on the condition that the employer or their representatives are immediately notified of the intention of the worker to withdraw him or herself in view of the danger. The Committee recalls its indications made in paragraph 298 of its General Survey of 2017 on certain occupational safety and health instruments, according to which, while the right of workers to remove themselves is linked to the duty of workers to inform their employer about such a situation, this obligation should not be seen as a prerequisite for the exercise of the right of removal. The Committee requests the Government to take the necessary measures to align the provisions in the national legislation with Article 13 of the Convention, providing for the unconditional right of workers to remove themselves from situations they believe to present an imminent and serious danger to their life or health.

Article 17. Collaboration between two or several employers at the same workplace. The Committee previously noted that there were no provisions implementing Article 17. In this respect, the Committee notes with interest that section 11 of Order No. 8 of 2013 on OSH in establishments provides that when employers carry out activities simultaneously at the same workplace or undertaking, they shall be required to: collaborate and coordinate to ensure compliance with OSH requirements, as well as communicate to the relevant bodies the necessary information on dangers which may arise from their activities. The Committee takes note of this information.

Articles 19(a)–(e) and 20. Rights and duties of workers and their representatives. Cooperation between management and workers. In its previous comment, the Committee noted that the Government referred to several ministerial orders annexed to the report providing for the responsibility of employers to provide a safe working environment and expressed the hope that due account would be taken of the need to regulate all the rights and duties provided for under Article 19, in the context of the ongoing legislative review at the time, and it requested information on the application of Article 20.

In this respect, the Committee notes the Government’s reference to the ministerial orders issued from 2013 implementing the Labour Code, and providing for responsibilities of employers in the area of OSH, including: the requirement to inform workers of occupational hazards and means of prevention, including through the posting of guidelines and advice in Arabic and other languages understood by workers; the requirement to train workers on all OSH aspects relevant to their work, including the use of workers’ personal protection means. The Committee notes that in relation to high and medium risk enterprises, Order No. 8 of 2013 provides for: (i) the establishment of a special OSH policy in consultation with workers or their representatives, including their consultation in all elements of the OSH management system (in enterprises employing more than 50 workers); (ii) the setting up of OSH committees (in enterprises employing more than 500 workers); and (iii) the appointment of an OSH specialist responsible for, among other things, the education and training of workers (in enterprises employing more than 500 workers). The Committee requests the Government to provide information on the measures taken or envisaged concerning arrangements for cooperation between employers and workers in low-risk workplaces and workplaces with less than 50 workers.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s detailed report and the legislative information attached thereto and the information that a national policy on occupational safety and health (OSH) is being considered but has not yet been adopted; that a new Labour Code is currently before the legislative authority, that in this context it is considered to set up a new Higher Council for OSH with tripartite representation. In the light of the foregoing the comments provided in the following on the current application of the Convention are thus made subject to these future developments. The Committee requests the Government to report on progress in all these respects, to keep it informed of all relevant developments and to submit any new policy documents and legislation adopted to the Committee as soon as they have been adopted.

Article 1(2) and (3) of the Convention. Scope of application. Agriculture. The Committee notes that the information that persons working in agricultural work are excluded from the application of the Convention. The Committee requests the Government to indicate whether consultations have been held with the representative organizations of employers concerned regarding this exclusion, to provide further information on the reasons for this exclusion, to describe the measures taken to give adequate protection to workers in the excluded branch and to indicate in subsequent reports any progress towards a wider application.

Article 2(2) and (3). Scope of application. Domestic workers, officers on ships, etc. The Committee notes that the information that domestic workers as well as officers on Bahraini ships, engineers and sailors are excluded from the scope of application of the Convention. It also notes that special laws regulate the labour relations of such categories except for domestic workers. The Committee requests the Government to indicate whether consultations have been held with the representative organizations of employers concerned regarding these exclusions, to provide further information on the reasons for this exclusion, to describe the measures taken to give adequate protection to the excluded categories of workers and to indicate in subsequent reports any progress towards a wider application.

Article 3. Definitions. The Committee notes that the report is silent as regards the application of this Article. With specific reference to the statement by the Government that Chapter 12 of the current Labour Code only applies to the private sector, the Committee requests the Government to provide further information regarding the application of this Article in this respect, in particular as regards the meaning of the term workers which according to the Convention is defined to include public employees.

Articles 4–8 and 15. National policy. Spheres of action covered by the national policy, functions of public authorities and other entities in respect of occupational safety and health. Regular review mechanism for the national policy laws and regulations giving effect to the national policy. Institutional coordination. The Committee notes that, as regards the application of these Articles, the Government indicates, inter alia, that a national policy is under development and that a new coordinating entity is to be set up. The Committee requests the Government to take due account of these Articles in the context of developing its national policy and new implementing legislation.

Article 9. Adequate and appropriate system of labour inspection. The Committee notes the information provided, including reference to Orders Nos 8 of 1976 and 27 of 1978 as giving effect to this provision but that these two orders were not attached to the report. The Committee also notes the terms of Order No. 28 of 1976 which concerns the organization of the labour inspection function. The Committee requests the Government to clarify which is the currently relevant legislation and to provide a copy thereof with its next report.

Article 11(a)–(b). Functions to be progressively implemented. The Government refers to that the Ministerial orders promulgated in the area of OSH include regulation of several areas such as the safety department at undertakings, and the technical requirements needed for industrial machines and equipment; the conditions of work at construction sites, in addition to the healthy requirements needed at workplaces. The Government is requested to provide further details on how the prevention is taken into account in contexts of the regulated areas and more generally in the design, layout and construction of undertakings and in the determination of prohibited work processes and substances.

Article 11(c). Functions to be progressively implemented. Notifications of occupational accidents and diseases. The Government indicates that several bodies receive notifications of occupational accidents, and injuries in accordance with the Labour Code and national practice, that such bodies include police centres, the Ministry of Labour, and the Public Authority for Social Insurance, and that Order No. 1 of 2006 constitutes an overall system for companies for notification besides obliging each company to prepare an internal system on notifications and the preparation of statistics. The Committee notes, however, that Order No. 1 of 2006 defines occupational disease as a disease of which a worker becomes infected as a result of carrying out the work and that Order No. 3 of 2001 also refers to “medical examination of workers susceptible to infection by vocational diseases”. The Committee notes that the common meaning of occupational disease corresponds to definition reflected in Article 1 to the Protocol of 2002 to the Convention which states that an occupational disease is “any disease contracted as a result of exposure to risk factors arising from work activity”. The Government should be requested to clarify the meaning of occupational disease and if the meaning of the word “disease” in relevant national legislation is infectious diseases, to provide further information on measures taken or envisaged, in law and in practice, to give full effect to this provision of the Convention.

Article 11(d) and (f). The holding of inquiries; knowledge management and risk assessment. The Committee notes that the report is silent as regards the application of these provisions. The Government is requested to provide further information measures taken or envisaged, in law and in practice, of this provision.

Article 12(c). Responsibilities of designers, manufacturers, importers, etc. The Committee notes that the report is silent as regards the application of this provision. The Government is requested to provide further information on the application, in law and in practice, of this provision.

Articles 13 and 19(f). Protection of workers removed from situations presenting imminent and serious danger. The Government indicates that this principle is not specified clearly in regulations or in national practice, but is being considered in tripartite consultations. The Government also states that workers’ right to leave a workplace in the case of fire is recognized in Order No. 12 of 2005 which relates to the protection of workers against fire hazards at the workplaces and that this Order also obliges an employer to undertake operations of periodic fire drills in order to prepare for such type of disasters. With reference to the ongoing legislative review the Committee hopes that due account will be taken of the need to regulate these provisions. For further guidance the Committee refers the Government to paragraphs 145–152 of the 2009 General Survey on occupational safety and health. The Government is requested to provide further information on the application, in law and in practice, of these provisions.

Article 17. Collaboration between two or several employers at the same workplace. The Government refers to Order No. 6 of 2000 which regulates safety at undertakings and which specifies several employer responsibilities, and the responsible manager at an undertaking so as to meet OSH requirements of all workers. This Order also regulates a number of other related issues including the setting up of appointing safety officers in enterprises with more than 50 employees and the setting up of OSH committees in enterprises with more than 100 employees. It also regulates the lines of responsibilities between main offices and branch officer. However, there are no provisions regulating the issue in the present Article. The Government is requested to provide further information on the application, in law and in practice, of the present Article.

Article 19(a)–(e). Rights and duties of workers and their representatives. The Government refers generally to the annexed orders which impose a responsibility on employers to provide a safe working environment including, for example, Order No. 6 of 2000, section 2, provides that employers are responsible for the safety of their workers and to train them accordingly and that workers are required to collaborate with the employers in applying OSH requirements. No further information is provided by the Government. With reference to the ongoing legislative review the Committee hopes that due account will be taken of the need to regulate these provisions. With reference to the terms of the Convention, the Government is requested to provide further information on the application, in law and in practice, of the present provisions.

Article 20. Cooperation between management and workers. The report is silent as regards the application of the present Article. The Government is requested to provide further information on the application, in law and in practice, of the present Article.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided by the Government and contained in the reports for 2009 and 2010 from the labour inspectorate. For 2010, the Committee notes the comparatively high number of accidents recorded in the areas of manufacturing (629 out of 1682) and construction (407 out of 1682) and the high number of accidents among migrant workers (380 out of 407) in the area of construction. The Committee also notes the efforts made in 2007–09 to increase the number of inspections and the number of enterprises inspected but that both these numbers decreased drastically in 2010. The Committee welcomes the detailed analyses carried out of available statistical information and the measures taken to address problems identified, including an awareness-raising campaign regarding the Convention and a workshop on OSH conditions in public works projects. The Committee requests the Government to provide further information on measures taken to address the high incidence of accidents among migrant workers in the construction sector and to continue to provide information on the manner in which the Convention is applied in the country more generally including analyses of the statistical data available, measures taken to address problem areas identified and the impact of these measures.