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Prime Ministerial Edict No. (2) of 2015 With Respect to the Occupational Safety and Health Council

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Prime Ministerial Edict No. (2) of 2015

With Respect to the Occupational Safety and Health Council

 

 

The Prime Minister


Having examined the Labour Law for the Private Sector Promulgated by Law No. (36) of 2012, as amended by Law No. (31) of 2014 especially Article (175) thereof, Minister of Labour Order No. (29) of 2007 with respect to the Organisation and Powers of the Supreme Committee for Occupational safety and Health, Minister of Labour Order No. (11) of 2011 with respect to the Re-formation of the Supreme Committee for Occupational safety and Health, And upon the submission of the Minister of Labour Hereby Orders the Following:


Article (1)


There shall be established a council to be named the "Occupational Safety and Health Council" referred to in this Edict as "Council". The Council shall be responsible for formulating and following up the implementation of the general policy in the field of occupational safety and health, and securing the work environment.


Article (2)


The Council shall be formed under the presidency of Mr. Jameel bin Mohammed Ali Humaidan, with the membership of the following:
1. Dr. Mohammed Ali Al Ansari Assistant Undersecretary for Labour Affairs- Ministry of Labour

Deputy Chairman

2. Mohammed Sajid Izhar Al Haq Deputy Treasurer of the Board of Directors of Bahrain Chamber of Commerce and Industry Member

3. Adel Hassan Al Aali Member of the Board of Directors of Bahrain Chamber of Commerce and Industry Member

4. Dr. Abdul Basit Mohammed Abdul Mohsin Legal Advisor, Ministry of Labour Member

5. Hussain Ali Al Shami Head of Occupational Safety Section, Ministry of Labour Member

6. Hassan Yousuf Ali Safety Advisor, Civil Service Bureau Member

7. Colonel Ali Mohammed Saad Al Hooty Director of Protection and Safety, Ministry of Interior Member

8. Mirza Salman Khalaf Director of Environmental Control, Supreme Council for the Environment

Member

9. Ahmed Khalil Ebrahim Manager, Department of Fire, Health and Safety, Bahrain Petroleum Company (Bapco) Member

10. Dr.Maha Saleh Shehab Occupational Health Specialist, Ministry of Health Member

11. Eng. Yasser Abdul Rahim Manager, Plant Operations, Gulf Petrochemical Industries Company

Member

12. Mohammed Mahdi Abdulla Assistant Secretary General for Occupational Health and
Safety and Work Environment, General Federation of Bahrain Trade Unions 
Member

13. Alawi Shubber Isa Deputy Chairman of Board of Directors, Bahrain Health and Safety Society

Member

14. Mohammed Rasool Bakhsh Deputy Chairman for Occupational Health and Safety, Bahrain Free Labour Unions Federation Member

15. Dr. Mohammed Abdul Razzaq Al Seddiqi Acting Director of Technical and Vocational Education,
Ministry of Education 
Member

16. Mahmood Ahmed Abdul Rahim Director, Human Resources, Ministry of Works Member

 

The Deputy Chairman Shall take the place of the Chairman in performing all his duties in case of his absence or if he cannot perform his duties for any reason.


Article (3)


The term of membership of the Council shall be three years renewable for similar periods. If any position becomes vacant for any reason, a representative of the same organisation shall replace him in the same capacity and shall complete the term of his predecessor.


Article (4)


The Council shall be responsible for formulating and following up the implementation of the general policy on occupational safety and health and securing the work environment by performing the following duties and functions:
1. Proposing a national policy and system for occupational safety and health and securing the work environment.
2. Proposing and review of the development of national legislations and standards related to the protection and safeguarding of the safety and health of workers and the work environment in light of practical changes scientific advances, developments related to economic and social development programmes and related ratified Arab and international agreements that are related to occupational safety and health and work environment.
3. To give its opinion on proposed legislations that are related to occupational safety and health and work environment.
4. Conducting studies and research related to occupational safety and health and work environment.
5. Studying Arab and international agreements and recommendations related to occupational safety and health and work environment.
6. Seeking to benefit from the exchanging of experiences with firms, societies, committees and organisations working in the field of occupational safety and health and work environment.

7. Developing and proposing plans related to training and grooming staff cadres specialized in the field of occupational safety and health and work environment in line with practical and scientific needs, as well as determining the qualifications required for occupational health and safety professions.
8. Promoting preventive awareness in the field of occupational safety and health and work environment, through TV, radio and press media and the organizing of specialised exhibitions, conferences and seminars in coordination with governmental bodies, major companies and civil society organisations.
9. Consulting, coordinating and cooperating with other concerned bodies in proposing laws, regulations and measures related to occupational safety and health and work environment.
10. Coordinating directly with the occupational safety and health inspection functionat the Ministry of Labour in the area of the implementation of occupational safety and health laws and ministerial orders.
11. Providing consultation services in the area of occupational safety and health to the occupational safety and health inspection function at the Ministry of Labour.


Article (5)


1. The Council shall meet at least once in every three months at the invitation of the Chairman or his deputy. The Chairman may call for an extraordinary meeting whenever there is a need for it, or within fifteen days from him receiving a written request supported with reasons for such a meeting signed by one third of the members. The meeting invitation notice shall include the purpose of the meeting and the agenda shall be attached thereto.
2. A Council meeting shall be valid in the presence of the majority of its members, provided that the Chairman or his deputy is among them. The decisions and recommendations of the Council shall be issued by the majority of votes present at the meeting, and in case of a tie the Chairman or his deputy shall have a casting vote. The meetings and decisions of the Council shall be recorded in minutes to be signed by the person presiding over the meeting and all the members who were present at such meeting.
3. The Chairman of the Council shall at the first meeting of the Council appoint a rapporteur to the Council from amongst its members or from 
outside it, who shall be responsible for preparing the agendas of the Council meetings, sending notices of invitation therefor to the members, preparing minutes of meetings in a register prepared for such purpose, maintaining the records and documents and other duties that the nature of the Council's work may require or that fall within its functions.
4. The Council may invite any person of a specialisation or expertise to attend its meetings if it feels that it needs his assistance, for discussion and to hear his opinion, but such a person shall not have the right to a countable vote with respect to the decisions and recommendations that the Council may make.


Article (6)


The membership of a Council member shall terminate for any of the following reasons:
1. Death
2. The issue of a decision to relieve the member from his post.
3. If his service ended on who belongs to any reason
4 If he tenders his resignation in writing.
5. Failing to attend more than three consecutive Council meetings without submitting an acceptable excuse.


Article (7)


The Council shall put in place a mechanism for performing its duties and the Chairman of the Council shall issue an order to this effect.


Article (8)


The Council may, by a decision issued by it, set up occupational safety and health subcommittees in related economic and industrial sectors as it may determine, provided that every committee shall include in its membership two representatives from the concerned parties. The Council shall determine the functions of such committee and the rules governing their work.


Article (9)


The Council shall submit its recommendations to the Council of Ministers for taking whatever decisions it may deem appropriate in the respect thereof. The Council shall prepare an annual report about all of its work and what has been done in respect thereof. The report shall be presented to the Council of Ministers.

 

Article (10)


All ministries, organisations, authorities and bodies shall cooperate with the Council and give it all the data, information and studies necessary for conducting its work.


Article (11)


Minister of Labour Order No. (29) of 2007 with respect to the Organisation and Powers of the Supreme Committee for Occupational Safety and Health shall be revoked, as well as the Minister of Labour Order No. (11) of 2011 with respect to the Re-formation of the Supreme Committee for Occupational safety and Health. Any other provision that contradicts the provisions of this Edict shall also be revoked.


Article (12)


The ministers, each in his respective capacity, shall implement this Edict which shall come into effect on the day following the date of its publication in the Official Gazette.

 

 

 

 

Khalifa bin Salman Al Khalifa,
Prime Minister.
Issued on: 16thRabia Al Awal 1436 Hijra,
Corresponding to: 7

thJanuary 2014 AD.

Ministerial Order No.(40) of 2014 With Respect to the Requirements and Specifications of Workers Accommodation

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Ministerial Order No.(40) of 2014

With Respect to the Requirements and Specifications

of Workers Accommodation

 

 

 

The Minister of Labour


Having examined Law No. (3) of 1975 with Respect to Public Health, as amended And Legislative Decree No. (13) of 1977 with Respect to Constructional Organisation of Buildings, as amended
And Labour Law for the Private Sector promulgated by Law No. (36) of 2012, as amended by Law No. (31) of 2014, particularly Article (11) thereof, And Ministerial Order No. (8) of 1978 with respect to Stipulating the Health Requirements and Specifications of Workers Accommodation, as
amended by Order No. (9) of 2006, And after consulting with the concerned ministries and bodies,
And Upon the submission of the Undersecretary of the Ministry of Labour, Hereby Orders as follows


Article (1)


An employer who provides living accommodation to his workers in remote areas and an employer who, at his own option, provides living accommodation to his workers in areas other than remote areas shall comply with the requirements and specifications stipulated in this Order. Both employers shall hereinafter be referred to as "Employer".

 

Article (2)


The Employer shall notify the Ministry of Labour of the location of the accommodation quarters that he provides to his workers and its address, area, number of workers to be accommodated and their gender, by way of the form prepared for this purpose within a period not exceeding fifteen days from the date of providing such living accommodation, and the Ministry shall inform the concerned bodies to take their necessary measures.


Article (3)


The Employer shall provide rooms in each accommodation quarters that meet the following requirements and specifications:
1. The area allocated for each worker shall not be less than four square meters of clear space.
2. They shall be well ventilated and lit.
3. Their windows shall be covered by wire mesh to prevent insects from getting inside and the windows should not allow dust to get inside.
4. They should not be constructed on entrances, corridors or roofs of buildings.
5. They should be provided with sufficient sleep necessities, blankets and suitable cupboards for keeping clothes.
6. They should not accommodate more workers than their capacity, taking into account the area of the room and the area allocated to each worker.


Article (4)


Employer shall provide the following equipment in each one of the accommodation quarters:
1. Adequate and sufficient air conditioning.
2. Water cooler and a safe source of drinkable water.
3. A sufficient and adequate number of garbage bins.
4. Adequate fire-fighting means, and should obtain a certificate to this effect from the Civil Defence Department.
5. Adequate means to dispose of domestic refuse and sewage waste.
6. A first aid box sufficient for the number of workers to whom the accommodation is allocated.

7. A suitable place for laundry.


Article (5)


Employer shall attach to each accommodation quarters a kitchen which shall be suitable for the size of the accommodation quarters and the number of workers, and shall meet the following requirements and specifications:
1. It shall have a safe source of drinkable water.
2. It shall have a washbasin.
3. A suitable place for storing and preserving food.
4. The floor shall be made of a non-slippery impervious material, and it should slope towards a drain. The walls shall be covered with a smooth-finish material that can be cleaned easily.
5. The ventilation and lighting shall be adequate.
6. It shall have a fridge to store food, with sufficient capacity for the number of workers to which the accommodation quarters are allocated.
7. It shall have gas or electric stoves sufficient to cater for the number of workers.


Article (6)


Employers shall provide a bathroom for each accommodation quarters in compliance with the following requirements and specifications:
1. Its walls shall be covered with a smooth-finish material that can be cleaned easily and the floor shall be constructed of an impervious material, and shall slope towards a drain.
2. It shall have a suitable water heater which is to be fixed on the outside.
3. It shall be well ventilated and lit.
4. It shall not open directly on to a kitchen or dining room.
5. It shall contain the following:
a. At least one toilet for every three workers, fitted with a flushing tank.
b. A place for taking shower and changing dress for every eight workers.
c. At least one washbasin for every eight workers.

 

Article (7)


Employer shall provide a dining room, whether separate or a common one which is large enough to accommodate the number of workers residing in the accommodation quarters.


Article (8)


Employer shall carry out regular maintenance work on the accommodation headquarters and do all urgent and necessary repairs so as to be in a sound condition that meets the requirements and specification prescribed in this Order, including all electrical connections, wires and boxes that should comply with ecurity and safety requirements.


Article (9)


Any Employer
who provided accommodation for his workers before the provisions of this Order come into force shall adjust his situation in accordance with the provisions of this Order within a period not exceeding three months from the date of its coming into effect.


Article (10)


Ministerial Order No. (8) of 1978 with respect to Prescribing the Health Requirements and Specifications of Workers Accommodation, as amended by Order No. (9) of 2006 shall be revoked.


Article (11)


The Undersecretary of the Ministry of Labour shall implement this Order which shall come into effect on the day following the date of its publication in the Official Gazette.

 

 

Jameel bin Mohammed Ali Humaidan
Minister of Labour

Issued on: 1

stRabia Al Awal 1436 Hijra
Corresponding to: 23rdDecember 2014 AD

Ministerial OrderNo. (29) of 2014 With Respect to Prescribing and the Organization of Primary Healthcare For the Workers of Establishments

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Ministerial OrderNo. (29) of 2014

With Respect to Prescribing and the Organization of Primary Healthcare

For the Workers of Establishments

 

 

The Minister of Health,


Having examined Law No. (3) of1975 with respect to Public Health, as amended, And Law No. (38) of 2009 with respect to the Establishment of the National Health Regulatory Authority for the Organization of Health Professions and Services And Labour Law for the Private Sector promulgated by Law No. (36) of 2012, as amended by Law No. (31) of 2014, particularly Article (172) thereof, And Order No. (1) of 1977 with respect to Prescribing and the Organization of Primary Healthcare for the Workers of Establishments where the Number of Workers Exceeds Fifty, as amended, And as agreed upon with the Minister of Labour, And Upon the submission of the Undersecretary of the Ministry of Health, Hereby Orders as follows:


Article(1)


In the application of the provisions of this Order, primary healthcare for workers of establishments shall mean the following:
1- The Medical examination ofthe establishment's workers.
2- Conducting laboratory tests and X-rays.

3- Providing the necessary medicines for treatment outside health centres, according to the list of medicines in the primary care.
4- Maternity care for female workers during pregnancy, including care during pregnancy and after birth in the primary care.
5- Immunisation of establishments workers against communicable diseases, in accordance with the instructions issued by the Ministry of Health in this regard.
6- Minor surgical operations performed in primary care health centres.
7- Simple dental treatments, including emergency cases, extractions and fillings

 

Article(2)


The employer shall provide basic healthcare for the workers of his establishments in accordance with his own Commercial Registration, irrespective of the number of workers in the establishments, by subscribing to the Basic Healthcare Programme for the Workers of Establishments at the Ministry of Health in accordance with the provisions of this Order. Establishments that employ more than fifty workers may, after obtaining the approval of the Committee referred to in Article(7) of this Order, provide healthcare by one of the two following methods:
1- Entering into a contract with one of the health insurance companies licensed to operate in the Kingdom.
2- Establishing an integrated medical unit within the establishment, which should be duly licensed by the National Health Regulatory Authority for the Organization of Health Professions and Services to provide medical services. All in accordance with the requirements and specifications set forth in Articles (3) and (4) of this Order and the instructions issued by the Ministry of Health in this regard.


Article(3)


The basic healthcare shall be provided in accordance with the following specifications, conditions and basic principles:

1- Healthcare must be available day and night, and during weekends and official holidays.
2- Basic healthcare must cover all employees of the establishment without discrimination.


Article(4)


In case an employer enters into a contract with a health insurance company duly licensed to operate in the Kingdom, the employer must observe the following:
1- The health insurance cover should include the following:
a- The treatment of acute and chronical diseases.
b- Examination, screening, clinical diagnosis, laboratory tests and X-ray when needed, as well as medicines prescribed by the treating doctor,physiotherapy and the like, twenty four hours a day.
2- The health insurance contract should include the financial cost of the secondary healthcare in case the insured is admitted to hospital for treatment.


Article(5)


Subject to the provisions of Article (2) of this Order, the Ministry of Health shall provide basic healthcare to the workers of all establishments and the owner of the establishment shall pay to the Ministry the costs of such healthcare, as follows:
a- BD72/- per annum for each non-Bahraini worker
b- BD22.500 per annum for each Bahraini worker The amounts due to the Ministry of Health as described above shall be collected by the Labour Market Regulation Authority upon the issuance and renewal of work permits in case of non-Bahraini workers, and by the General Organisation
for Social Insurance in case of Bahraini workers, in accordance with the instructions and regulations governing the work of these two entities. Such amounts shall be due and the establishment shall settle them immediately upon request, in accordance with the applicable regulations and instructions.

 

Article(6)


Establishments that provide basic healthcare to their workers through their own arrangements during a specific time of the day, can ask the Ministry of Health to provide - on their behalf –the basic healthcare services in the times during which their services are not available,and in such a case the costs of providing healthcare described in the preceding Article shall be reduced by 50 percent.


Article(7)


A committee shall be formed at the Ministry of Health for the purpose of ascertaining whether or not an employer provides basic healthcare in conformity with the provisions of this Orders and the instructions issued by the Ministry of Health in this regard, and to look into all things that relate to the application of the provisions of this Order.


Article(8)


Anyone who violates the provisions of this Order shall be liable to the penalties provided for in Article 192 of the Labour Law for the Private Sector promulgated by Law No.(36) of 2012.


Article(9)


The Order No.(1) of 1977 with respect to Prescribing and the Organization of Primary Healthcare for the Workers of Establishments where the Number of Workers Exceeds Fifty shall be cancelled, as well as any provision that contradicts the provisions of this Order.


Article(10)


The Undersecretary of the Ministry of Health and the concerned bodies - each within its respective capacity - shall implement this Order which shall come into effect on the day following the date of its publication in the Official Gazette.

 

 

 

 

Sadiq bin Abdul Karim Al Shehabi
Minister of Health
Issued on: 7

thRabia Al Awal 1436 Hijra
Corresponding to: 29thDecember 2014 AD