Global Compliance

Health and safety for workers in oil and gas industry

Overview

The Kingdom of Bahrain’s Government is committed to maintaining the safety and health of its workers while simultaneously improving the performance of the oil and gas sector. Additionally, the Government is concerned with the prevention and reduction of accidents, injuries, and occupational diseases. This is due to the application of legislation on the health and safety of workers in the Labour Law in the private sector No. 36 of 2012.

The Law regulates worker safety standards by imposing obligations on the employer. This is completed through provisioning medical care, securing worker protection from risk of injury during work, and allocating duties for workers to follow.

The Kingdom of Bahrain has issued Act Number (19) (2006) with regard to the regulation of the labour market.

The Labour Market Regulatory Authority shall carry out all necessary activities to regulate the labour market in the Kingdom.

This practical note guides and assists the readers to know the duties of the employer which ensures the security and safety of workers in the oil and gas fields.

Key Protection for Labourers
The key regulations for the protection of labourers are:

• Kingdom of Bahrain labour law.
• The Labour Law establishes the foundations and standards for maintaining the health and safety of workers that the employer must observe in all fields, including oil and gas:

Duties of the employer (Articles 10-103 of the labour law):

• The employer shall provide medical facilities for his workers in the establishment, which shall be free of charge.
• The employer must provide his workers with appropriate means of transportations in the work regions,
• In oil and gas workplace the employer shall provide drinking water and it shall be kept in special containers tightly closed up to avoid contamination. Water shall be placed near the reach of the workers, in a manner hygienically approved.

• The employer undertakes for his workers:
  • The employer employing workers in regions (as determined by virtue of the Minster’s decision)  must provide them with the appropriate meals and adequate accommodation.
  • If meals are provided to the workers inside the oil and gas workplace, they shall be presented to the worker packed in a healthy manner or in tightly sealed containers.
  • Meal provisions shall not be waived in consideration of any payment of the financial allowance.
  • To supervise the cleaning inside the place of work, the lodging area, and the worker's water closets.
• The employer employing ten or more workers shall post in the apparent location at the workplaces a copy of the work regulations and the regulation pertaining to sanctions.

The worker duties: (this is covered under Article 71 of the labour law)

• The worker shall abide by the instructions of safety and vocational health at an establishment whiter prescribed by the law and instructions of the work.
• According to Articles 8 of the regulation:
• The Workers shall use the means of protection.
• The workers shall keep themselves away from injuries and refrain from all acts intended to obstruct the implementation of these instructions or cause harm or damage to the means set up to protect the safety and health of their fellow workers.

In the event of Occupational Injury (Articles 85 and 95 of the regulation)

• If the worker is dead or sustains an injury as a result of an accident during or as a result of his work necessitating his work suspension,
• The employer must notify the police station located within the jurisdiction of the place of the accident. The Ministry of Labour and the Ministry of Health of the accident upon its occurrence within 24 hours as of the employer gaining knowledge of the accident. 
• The mentioned notification must include: the name of the injured worker, his occupation, address, nationality and a brief description of the accident and its reasons as well as the procedures taken to rescue or treat this worker.
• The injured worker shall have the right to receive treatment at one of the government health institutions or other adequate treatment institutions according to the employer's discretion.
•  The employer shall bear the entire treatment costs including the medications, the transportation expenses, the rehabilitation services and the costs of the necessary prosthetics as decided by the treating physician.
• The worker has sustained an injury by an accident arising out of or during his work. If death shall ensure, the worker's heirs upon his death shall be entitled to compensation for injury

Organization of Basic Healthcare for Facility Workers (Article 172)

• The employer shall provide basic healthcare for facility workers in one of the following ways:

1. A contract with one of the licensed health insurance companies in the Kingdom.
2. Establishing a complete medical unit in the facility, licensed to practice medical activities by the National Health Regulatory Authority.
3. Private health institutions providing basic healthcare for their own employees through itself.

• According to the Article (3) of Regulation No 9 2007, The basic health care shall be presented in accordance with the following specifications, conditions and basic principles:
  • Healthcare must be available day, night, and during official holidays.
  • Basic health care must cover all workers of the establishment without exception.
• The medical committee is responsible to sign the medical examination of the foreign worker to prove his extent health fitness to work, issue a certificate, and notify the Authority by the outcome of the medical examination (Article 3 Order No. (9) of 2007)

Labour Market Regulatory Authority

• The authority shall carry out all necessary activities to regulate the labour market in the Kingdom, as is mentioned under Article 119 of the labour law. These activities incude: informing, directing, and guiding the workers, employers, and others, in matters with regard to rights, duties, and ethics of work, professional and environmental safety at the workplace.

Glossary

• The Labour Law in the private sector No. 36 of 2012
• Act Number (19) (2006) WITH REGARD TO THE REGULATION OF THE LABOUR MARKET.
• Law No. 36 of 2012 the labour law in the private sector.
• Order No. (9) of 2007 With Regard to Proving Medical Fitness of Foreign Workers
• The Ministry: The Ministry in charge of labour-related matters in the private sector.
• The Employer: Every natural person or legal entity employing one or more worker in return for a wage.
• The Worker: Every natural person working in return for a wage for an employer and under the latter’s management and supervision.
• Work: Any human effort- intellectual, technical or physical- exerted in return for a wage, irrespective of whether such work is permanent or temporary.
• The Wage: All that the worker receives in return for his work of any kind whatsoever, whether fixed or variable, in cash or in kind, including the basic wage and its accessories such as gratuities, allowances, grants, rewards, commissions, and other benefits.
• Work Injury: Any of the work-related diseases listed in the schedule or any other injury sustained by a worker during and by reason of carrying out his duties. Any accident sustained by a worker on his way to or back from work shall be considered an occupational injury,
• Serious accident: Accident that causes a permanent total or partial disability or death to a worker, or causes injury to more than a worker, or leads to losses in production and equipment.