ncar · executive_regulation · processed · 25 chunks
Implementing Regulations for Labor Inspection Council of Ministers Resolution No. 264 August 27, 2007 Translation of Saudi Laws NOTE: The translation of Saudi laws takes the following into consideration: • Words used in the singular form include the plural and vice versa. • Words used in the masculine form include the feminine. • Words used in the present tense include the present as well as the future. • The word "person" or "persons" and their related pronouns (he, his, him, they, their, them) refer to a natural and legal person. Implementing Regulations for Labor Inspection Chapter 1: Labor Inspection Organ Article 1 Labor Inspection: The duties carried out by labor inspectors, appointed pursuant to a decision by the Minister of Labor, to exercise the powers stipulated in Article 196 of the Labor Law. Article 2 The labor inspection organ consists of a central department at the Deputy Ministry for Labor Affairs and branch departments at labor offices. Article 3 Labor inspectors may not be replaced nor assigned additional tasks unless the following conditions are met: a) The replacement must be pursuant to a decision by the Minister of Labor. b) The additional tasks may not conflict with the inspectors’ main duties. c) This shall not prejudice the impartiality of inspectors and the powers vested in them under this Law. Article 4 Labor inspectors shall, prior to assuming their duties, take the following oath before the Minister of Labor: "I swear by Allah to discharge the duties of office honestly and faithfully, and not to disclose the secrets of any trade or industrial invention or any other secrets which I become privy to in the course of performing my duties, even after I leave office". The oath shall be documented and a copy shall be submitted to the general director of labor inspection at the Ministry to be kept in the inspector's file. A second copy shall be submitted to the labor office where the inspector works. Article 5 A labor inspector shall, when performing inspection duties, carry an identification card bearing his photograph and the official seal of the Ministry. The inspector shall surrender his identification card upon leaving office. Article 6 The central department in charge of labor inspection shall assume the following duties: a) Supervising inspectors in labor offices and monitoring inspection activities and the implementation of inspection-related plans and programs. b) Ensuring workers’ health and safety, protecting them from occupational hazards and work injuries, and promoting health awareness. c) Drafting proposed decisions and directives relating to labor inspection in accordance with the law. d) Preparing an annual report on labor inspection activities in the Kingdom in accordance with Article 206 of the Labor Law. e) Preparing templates for inspection reports, statements, forms, and registers, and providing copies thereof to labor inspection departments at labor offices. f) Reviewing monthly reports prepared by labor inspection departments and providing comments thereon. g) Organizing or participating in training courses for labor inspectors to enhance their performance and provide them with the necessary skills. h) Visiting labor inspection departments at labor offices to ensure the discharge of their duties specified in these Regulations and the Labor Law. i) Performing other labor inspection duties. Chapter 2: Labor Inspector Duties Article 7 Labor inspectors shall assume the following duties: a) Monitoring the implementation of the Labor Law and its regulations and decisions at establishments subject to labor inspection in order to ensure compliance with legal requirements and precautions through inspection visits and taking necessary measures in case of non-compliance. b) Visiting workplaces under their jurisdiction to conduct inspection in accordance with the regulations, and informing the employer of the purpose of the visit. c) Submitting reports on findings of inspection visits regarding compliance with legal provisions. d) Guiding workers and employers to the best practices to satisfy the requirements of the Law, implementing regulations and decisions, and technical directives. e) Examining work environments and conditions and submitting to the Ministry a report thereon, including matters not addressed by relevant laws. f) Submitting a monthly report on labor inspections conducted by the office, including a list of inspected establishments, number and type of detected violations, challenges encountered by labor inspectors, and recommendations to address such challenges. g) Submitting an annual report on labor inspections conducted by the office, including inspection findings, observations, and recommendations, if any. The Ministry shall provide inspectors with designated forms and relevant instructions on producing such reports. Article 8 Labor inspectors and their supervisors shall provide employers and workers with technical information and guidance to ensure compliance with the law. They shall also advise them on best practices to ensure a safe and healthy environment, and encourage their cooperation to implement safety measures at the workplace. Article 9 Labor inspectors and their supervisors shall cooperate with employers and workers to improve interpersonal relations, enhance productivity, and create a healthy and stable work environment. Article 10 Labor inspectors shall carry out their duties with due diligence and shall address and resolve issues they encounter with prudence and fairness. There shall be no conflict of interest between labor inspectors and the establishments falling under their supervision. Labor inspectors shall not accept any personal gifts or services from employers or workers. Chapter 3: Powers of Labor Inspectors Article 11 A labor inspector shall, in the course of performing his duties, exercise the following powers: a) Accessing any workplace after presenting his identification card and notifying the employer or his representative of the purpose of the visit, unless such notification undermines the inspection. Pre-warning of the inspection visit shall not be permitted under any circumstances. b) Examining records, papers, books, files, or any other document relating to workers, and obtaining copies therefrom to ensure their compliance with the Labor Law and its implementing regulations and decisions. Inspectors shall emphasize the need to post at the workplace information and notices required by the Law. c) Obtaining samples of the materials used at the establishment for testing purposes and examining machines and fixtures to ensure compliance with health and safety requirements. Inspectors may order that certain changes be urgently made to protect workers from workplace hazards. d) Questioning the employer, his representative, or workers privately or in the presence of others to determine the extent of compliance with the Labor Law and its implementing decisions. e) Discussing with employers and workers, individually or collectively, best practices that ensure compliance with labor regulations, and addressing any compliance-related challenges, especially unfamiliarity with such regulations. Article 12 Labor inspectors may, when inspecting any industrial or commercial establishment for the purpose of implementing the Labor Law, its regulations, and related decisions, take any of the following measures against the violators, depending on the inspector’s assessment of the gravity and circumstances of the violation: a) Providing advice and guidance to the employer. b) Issuing a verbal warning. c) Issuing a written warning to the employer to rectify the violation within a specified period. d) Issuing a violation report. Chapter 4: Organizing Inspection Visits Article 13 The head of labor inspection at each labor office shall organize inspection visits during working hours according to weekly programs approved by the office director; organizing inspection visits shall take the following into consideration: a) Establishments subject to inspection shall be assigned to different inspectors depending on the number, nature, and size of the establishments in the area of the labor office; the number and categories of workers employed therein; the requirements to be satisfied; and the instruments and means available to inspectors. Assignment of establishments to inspectors shall be made pursuant to administrative orders approved by the office director and communicated to the inspectors. Said orders may be modified as per work circumstances, provided that a copy thereof is submitted to the Deputy Ministry for Labor Affairs. b) Preparing a weekly visit program in advance, comprising the following: 1. Name of the labor inspector. 2. Name of the establishments to be inspected during the week. 3. Date and time of the inspection visit. 4. Type of visit; a distinction shall be made between general visits where all work circumstances and conditions are examined, and special visits such as reinspection and visits for investigating complaints, accidents, and occupational diseases. c) Inspection visits shall be carried out while the establishment is in full operation, taking into consideration business hours within the establishment. A labor inspector shall dedicate part of his working hours to administrative work at the labor office, provided that this does not affect the inspection duty. Article 14 Labor inspection outside working hours shall be subject to written instructions and orders from the head of the relevant labor office. Such orders shall specify the establishments to be inspected, inspectors, and inspection time. Article 15 Inspectors assigned to carry out inspection tasks outside working hours shall submit their inspection reports to their superiors on the following working day. Chapter 5: Inspection Rules and Procedures Article 16 Inspection visits to workplaces shall be increased to ensure compliance with the law, especially to establishments with a poor record on safety and health conditions of workers, and establishments conducting operations which are dangerous or pose threat to health. The inspector shall, within a short period of time, revisit the workplace where a serious breach of work conditions was discovered to ensure that the breach has been rectified. Article 17 General inspections conducted during periodic visits shall include all work conditions and the work environment, and shall not be limited to certain aspects. Inspectors shall examine measures implemented to comply with legal requirements for the protection of workers. Article 18 A. Each establishment shall be inspected by one inspector, unless the director of the labor office deems it necessary to assign two or more inspectors. B. In the absence of inspectors at the labor office specialized in health and safety, said office may seek the assistance of specialists from other ministries or branches thereof, and may request the Ministry of Labor to provide them with the necessary guidelines. Article 19 The labor inspector shall prepare an inspection report for each visit and submit it to his superior to review and take necessary action. Said report shall include the following: a) Inspection data, including inspector's name, time and date of the visit, and names of individuals interviewed. b) Establishment particulars, including its name, address, nature of business, date of establishment, name of owner, and name of director. c) Number of workers and their nationalities, gender, and age. d) A brief description of the procedures followed by the inspector to verify compliance with the conditions and requirements stipulated in the Labor Law and its implementing regulations and decisions. Article 20 Labor inspectors shall carry out their duties with professionalism, base their reports on actual observations, and refrain from making comments on matters beyond their expertise to maintain the trust of employers and workers. Article 21 Labor inspectors shall frequently visit establishments in violation of the Labor Law and its implementing regulations and decisions within reasonable intervals to verify rectification of the violations. Article 22 A report on a workplace violation shall, whenever possible, be issued on site and shall include any justification therefor provided by the employer or his representative. The report shall be signed by the inspector and the employer or his representative. If the employer declines to sign, a note to this effect shall be included in the report. The inspector shall cooperate with employers to ensure compliance with the law. Article 23 The Ministry shall make available forms for violation reports, inspection registers, notices, and warnings, and other relevant forms to implement the provisions of these Regulations and the relevant provisions of the Labor Law. The Ministry shall provide instructions on using and archiving such forms, and shall instruct labor offices to use such designated forms. Article 24 These Regulations shall be published in the Official Gazette and shall enter into force on the date of its publication.