3. Key Laws and Regulations 34 Environmental Laws and Regulations, A listing of applicable Saudi Arabia environmental laws and regulations is presented in Table 1. Table 4 (Laws and reguations are presented by chranologlcalry by proemubgatlerratata) Topic Area & Legislation Title Promulgated Ganaral Environmental = Rules for Implammentation (28 Rajab 14223) TOES2001 © Public Povironmental Law (Royal Decres No. M34) 1072001 © Resclntion No. 1/1/4/5/1/924 Implamanting Requiramants under ths ogrm003 Public Eevironmantal Law ‘Alr Quality/Emiesions. © Ambseat Air Standard 2012 M2012 © Standard on Emissions from M@¥ila Sources 2012 2324/2012 WaterWastewater = National Ambicat Water Quality Samdard of 3012 wa42012 ©) Wastowater Discharge Standard of 2012 242012 Hazardous/Nom-Hazardous Waate © Barel Convention en the Cantrel of Trashoundiry Movements of ‘Hazardous Wastes and their Disposal oneness SDabritt asp) ©), Hagardous Wares Disposal Standards 1413-03 1992 © Ragnistion: and Procedura: for Harardou: Waste Coacral (Documant ‘soot ‘Na1-2007) . Earzvomenal Stender cx Matwial Recovery end Racycing of Ware ean HazardousiDangerous Substances: © Technical Guideline of 2012 an ths Prevention of Major Accidents H24/2012ESH AUDIT PROTOCOL -Preview Copy ‘Selected material shown; consider material incomplete in this copy 32 Occupational Health and Safety Laws and Regulations A listing of applicable Saudi Arabia health and safety laws and regulations is presentad in Table 3. Table 3 (Laws and reguations are presented chronoiogically by promulgation dts) Legislation Title Promulgated © Royal Decros No. 71 (6/9/1369 H) on Safsty in the Workplace THSMA369 + Labor Inspection Order No. 435 (4/11/1404 Bi) 1970 + Mixineial Decres No. 435 1983 + Misistrial Decree No. 435 of 1983 to Establish Which Indian Potantally ave Workers Who Ars Expoted to Boitce bpLeadland |" 11/04/1983 the Procedures to'bo Taken by Employers to Protoct there Wetkert © Cooperative Health insurance Lew (Issusd by Royal Dacroe mo. (M/10 01/05/1820 H and the Council of Minittar’s Resclttion Mo. 1999 71 27/0#1420) + Occupational Hazards Branch Benefits Repalatioas ranean (Gitpetorarw goad gor. w/portel tush! guastregilationy «Social Iarurance Law (Council af Minter’: Decision No. 199 10eil430) 132000 + Ratification of the ILO Gemrastion om the Plinination of the Worst Fomms of Child Labour Ssea001 # Labour Law (Royal Deere No. 6/51) 09272005 + Council of Ministers Oris No. 162 Regarding Social Tasuramce 06102006 + Minister'ef Labess Decree No. 693 Regarding Exocative tannaw7 Regulation: of Labour Systams 4 Mister af Caboer Docrso No. 139 (7/5/1430 H), Establishing a ‘Cham of Occupational Dissaser in the Kingdom Sandi Arabia ‘03/07/2008 TabloDirwctory for Detrenining Occupatioanl Disabilitis in tho 0307-2009ENVIRONMENTAL PROFILE QUESTIONS General Environmental Requirements No. (Checttist Questions | Reztlatory LL [Does the facility have an up-to-date operating License from the goverment? 12 | Has the ficity been cited for any environmental vialtions ar been issued any notifications relating to envicanmentalmatiers, and ifs, have the conditions ar violations been addzessed and subsequently approved or signed off by the xypropriate authorties? 13 | Hasan Enviroumental InpachAsseqsmem stidy been performed | General during the peojet fasibilay Stages rezulited by the Competent | Environmental Agency? Law§S 14 | [sthe facility execuringa new project, making modifications wom | General existing project.ordoas the Aciity own project of which the | Environmental specified temms ofjiavestmeut have expired, andifso,doesthe | Law § 6 facility ensare that it utilizes the best possible and most suitable introduce the lowest possible level of pollution to the ‘nviremment? Does ti facility recognize and comply with the folowing espousibiliies requized of everyone within Saudi Arabia? + Rationale the we of natural resources to preserve and prolong the reserve life of non-renewable resources and to develop renewable resources, + Achieve coberence between the bearing capacity ofthe esources aud uilzation levels ofthe various resource law§8No. a 1.11 | Does the faciliry ensure that emission of smnike, enses, vapors, and | General solid or liquid residues resulting fom the burning of amy kind of | Environmental ‘fuel or a similar action are within allowable limits permitted in the | Lave §12.2 veqviroomental standards listed under Artachment A of this document? 1.12 | Does the faciliry ensure that there is no leaking or emission afar | General ‘Pollutants into the work place beyond the allowable limits ofthe | Environmefital ‘environmental standards (Attachment A)? Law 9123 1.13 | Does the facility apply adequate ventilation in enclogéd and Gemim,, | General ‘enclosed areas? Environmental Law §114 Wastewater Discharges No. ‘Wastewater Discharges Checldist Questions Regulatory 1.14 | Does the facility take the necessary precautions te ensure the ‘General, Law § 13 + Brevention of direct or indirect contamination of surface, ground andicoartal waters that may be caused by solid or liquid residues: and oof Seda and are preserved and its deterioration and/or 1.15 | Does the faciliry prohibit discharge of harmful pollutants, ‘General, ‘poisonous, hazardous, or radioactive wastes into territorial waters | Enviromental ‘or exchisive economic zones? Law 9143, ‘Regulatory Note: Hazardous. poisonous or radioactive wastes areNo. ‘Discharges Checklist Questions ‘Prohibited from entering the Kingdom of Saudi Arabia or ts ‘ertiterial waters and exclusive economic zone. Subject to Article (230) of UN Marine Convention ratified by the ‘Royal Decree No. (M/17) dated 11 Ramadan 1416, and without ‘Prejudice to any severe penalty imposed by Islamic laws or ins ‘of Article fowteen of the General Envioumental law shall be ‘punished by imprisonment for a term not to exceed 5 years. by a ‘fine not to exceed SR. 500,000.0r both. An appropriate ‘compensation shall be ordered and the violator shall be obligated ‘to eliminate the violation. The facility may be closed or the vessel ‘detained for a period not exceeding 90 days. In case offfectimence, ‘the madumum limit of imprisonment shall be raised but may Dot ‘exceed double the initial tem. othe maximum limit ofthe fine shall be increased but may not exceed double'the initial fiieor ‘bath. Au appropriate compensation shall be ordezed and the ‘violator shall be obligated to climinate the Violation The facility ‘may be temporarily ar permanently closed or the vessel ‘temporarily detained or confiscated. 116 ‘TE wastewater is discharzedito 1 taumicipal or other treatment plant, ‘are any of the compounds, substarites, or paramaters listed in ‘Table 6 and in more tietail under Attachment A to this document, exceeded? ‘Rules for iy ‘Ti discharged on-air to or into the natural environment off site ‘tas a permit been obtained dom the appropriate authorities? 1s ‘Witbestts direct discharze of wastewater, are any of the ‘compounds. substances. or parameters listed in Table 7 and in smore defail uncer Attachment A to this document, exceeded” lis “Are guidelines for the edge of the Mixing Zone, as chown in Table 8 and mm more detail under Attachment A to this document, ‘exeeded?Hazardous Waste Management Na. 120 Hazardous Waste Management Checklist Questions ‘Are any hazardous wastes generated and/or managed or handled the facility, and if 90, has the facility applied far. or does the {facility have a curent license or perma for the handling of hazardous wastes? 121 Ts the disposal of any hazardous or dangerous wastes or substances in accordance with the Kingdom's requirements set forth in its ‘Hozardous Waste Disposal Standards (1413-03)? 123 ‘Does the faciliry have a permit for transport and/or disposal of hazardous wastes? If so, does the permut specify any requirements and have they been met? 123 Is there a register of hazardous wastes maintained af in possession bby the faciliny, does it define the composition af the waste; and does the facility report to the appropuiare governmental authorities about the generation of all suchuprastes, in accordance with any ‘other applicable regulation? 124 ‘Has the facility ensured that allihazardous wastes are not mixed with other types af waste Ongubstances? 125 ‘Are allhmzamows wastes affer ts generatwn, labeled in accafdance with 229 applicable regulations during its storage prior tats removalifrom the facility? 126 ‘Are allareas where hazardous wastes are generated or stored.No. 127 Radioactive Materials Handling and Radinatve Matra: Handling and Disposal Checks ‘Doe ta Snyper, Sanpon, sere eyes es or Blt -adioactive cand controls set forth in the Rules for: ‘Regulatory Note: Hazardous, poisonous or radioactive wastes ‘are prohibited ffom entering the Kingdom of Swadi Arabia or its temitorial waters and exclusive economic zame_ Subject to Article (230) of UN Marine Convention aif? by the ‘Royal Decree No. (M17) dared 11 Ramadan 1416, and withow ‘punished by imprisonment for a term not tlexeeed 5 years, by a fine not to exceed SR_500,000 or bath. ‘Himit ofthe fine shall be increased but may not exceed double the ‘initial fine or both in appropriate compensation shall be ordered jolation. The ‘The Rules forHazardous! Dangerous Substance Compliance Programs. Ne 129 ‘Hazardous! Dangerous Substance Compliance Programs Checklist Questions Is there a listing ofall dangerous chemical substances used at the facility? Are the following records maintained for each chemical ‘used and stored on-site: 130 ‘Does the fciliry produce, transport, store recycle, rest, or handle, ‘the final disposal of poisonous. hazardows. or radioactive ‘materials, and if so, does the facility comply with the procedtis ‘and consrols set forth in the Rules for Implementation? Regulatory Note: Hazardous, poisonous at radioactive wastes ‘ae prohibited froma entering the Kingdom of Saudi Arabia or ts ‘temrtorial waters and exclusive econamic 20m) Subject to Article (230) of UN’ Marine Cotmyéarion ratified by the Royal Decee No. (M/17) dated Ramadan 1416, and without ‘prejudice to any severe penalty imposed by Islamic laws or provided for in other megulatiansuwhnever violates the of Arte fourteen of the General Exvironmental law shall be mished by ifbonmeor¥ erm not wo enced 5 yes, Dy a SE500,000 or both. An appropriate shallbe ordered and the violator call be obligated {> cdma ynltnTe Set uy beled or fn eal detaitied for aperind not exceeding 90 days. In case of recurence, ‘the maximum Limit of imprisonment shal be raised but may ot ‘exteed double the initial tem, orthe maximam limit of the fine shall be incensed but may not exceed double the intial fine or both. AN appropriate compensation shall be ordered and the ‘violator shall be obligated to eliminate the violation. The ticity ‘ny be temporarily or permanentiy closed or the vessel ‘temporary. ‘detained or confiscated. Taw 143No. 1a ‘The Rules for 141 ‘Is the facility in charge of the production, transportation, storaze, ‘recycling, treatment or final disposal of toxic, hazardous, andor radioactive materials, and if so, bas the facility obtained a license ‘to perform such processes, and are all requirements issued with such license complied wit? ‘Does the facility plam to make a change in one of the atfivities ‘isted above, and if so, has the facility coordinated wath the appropriate agency to abeain approval for said chanze, ‘The Rules for 1422 ‘Does the facility take full responsibility for anyincillents of ‘environmental pollution that are a resait of activities or projects ‘that handle toxic, hazardous, onfadioactive wabtes and materials sag ee eee ‘any such incidents bawP occured, was the incident immediately sTepotted to the comcemed and licensing agencies? ‘Begulatory Note: The party that caused sach incident shall bear ‘all the Costs‘ef.poliztion control, abatement, treatment and ‘The Rules for 1424 ‘aiming programs for the handling. production, transportation, Saree cwing, wunnaras anf idpesal oftwae baardous andior radioactive waste? ‘The Rules for g 1435Environmental Noise Checklist Questions Citation 1.35 | Does the facility take the mecessary precautions to ensure the ‘General = Prevention of direct or indirect contamination ofsurfice, | Law § 13 ground and coastal waters that may be caused by solid or fiquid residues: = Soil and land are preserved and its deterioration and/or contamination is curbed: and. + ‘Noise pollution is limited, pamicularly when operating, machinery or other equipment of using horns or loudspeakers, 1.36 | Does the facility ensure that noise levels do not excead allowable | General Law § 13 137 | Does the facility comply with the following xegiirements? = Comply with the enviromentilstandanis and criteria and coordinate with the appropriate palit agency to ensure = Coordinate and coopetaie with the concemed agency to establish the tems, amangements and precautions required to guarantee compliance with the stipulated environmental ‘= Coordinate and cooperate with the Concemed Azency to ‘develop and implemen the environmental standards, itera and guidelines for noise pollution and employ the ‘best available and possible means to control and reduce the noise level, and + Use technologies and equipment with low noise levels in new projects, and uparade technologies and equipment ‘used in existing activities in order to attain allowable noise levels. ‘The Rules for giExternal Emergency Planning No. External Emergency Planning Checldist Questions weet a 1.38 | Does the facility Rave the potential to cause adverse impactson | General ‘the environment, and if's0, has the faciliry prepared emergency i ‘plans to prevent or alleviate the hazards of such impacts, and does | Law § 9 ‘the facility have sufficient means to implement these plans? 1.39 | Does the faciliny ensure to take environmental aspects into ‘General ‘consideration when planning for projects and prozrams, when. |'Environmental developing plans, and in the General Development Plan? Lawg10 1.40 | Has the Saciliry established and enhanced environmedfal distater'\, | The Rules for ‘management plans? i go 11 | Has the Sacility verified plans required for ainiroumetital The Rules for ‘protection from pollution resulting fam conditted projects, and | Implementation ‘periodically reviewed these plasm offer to coordinate efforts for | § 9.2.2 ‘their implementation? 142 | Has training been provided anditecHnical manpower and The Rules for ‘equipment secured asmeeded in onder to activate emergency i ‘eqvmonmental protectionplans? §923 “Have training planstieen developed and implemented? 1.43 | Dos the faciliry ensure that the Competent Agency & The Rules fr ‘immediately notified in case of any pollution emergency incident? 5 §924 Are emergency plans effectively implemented in case ofa 1.44 | Does the faciliny coordinate with the Competent Agency to assess | The Rules for ‘the envirommental damage resulting fom emergency pollution ‘incidents?No. 145 ‘Does the faciliry have the potential on ‘the environment, and ifso, have emergency plans been prepared 19 The Rules for 593 1.46 | Does the faciliry provide tained and qualified manpower and.all | The Rules for equipment: to. amd " ‘emergency plans for preventing and alleviating potential adverse | § 9.3.1 impacts caused by the faciliry” 147 | Does the faciliry ensure that emergency plans for projects The Rules for ‘conducted athe facility prevent or alevate the sku peters! © | Implementation adverse environmental impacts, a5 much as possible, mithanite | § 6.32 plans are in compliance with environmental standards, criteria, and isos pected m Arpenc] (Attachments of this 148 | Does the facility periodically seviewthe @mergency plans that | The Rules for ‘protect the environment fram polbutien or prevent or reduce the i potential adverse impacts omthe environment? gal 149 ‘The Rules for ‘Does the faciliry coordinate with the Competent Azency to ‘conduct periodical trial drills with regard to the implementation of ‘emergency plans? gaaGeneral Health and No, | _ Ceneral Occupational Health and Safety Requirements Regulatory, Citation 21 | Have workers been tained in basic safery andthe use of Grst-aid | Rayal Decree kits? No.2 (6/9/1389 B) 22 | Has a healt and safety official been assigned to ensure that aisty, | Royal Decree procedures are being followed by all employees? Ko.21 (6/9/1389 H) 23 | Hasa health and safery official been assigned to ensure that Saity?| Royal Decree procedures are being followed by all employees? No.2 (6/9/1389 24 | Does the facility ensure that employers andl worker adhere tothe | Lator Law provisions of Shari'ah when implementing provisioas'of this Law? | (2005) 54 215 | Does the faciliry use Arabic asthe primary aBewge when ‘Labor Law: assembling data, records, Gles.and work contracts as provided for | (2005) §9 inthis Law, or in any decision ismned in the implementation of this Law's provisions as wel as theimstrictions issued to workers ‘fom the employer? ‘26 | Are all workers and the employer familiar with the provisions of | Labor Law the Labor Law? (2005) g12 27 | Does the facility employ ten or more workers, and ifso, hasthe | Labor Law ‘Siig submited a work organization regulation to the Ministry, | (2005) § 12 including itemal work provisions? penalties. The regulations must not contradict this Lav. ‘Work organization repulations should be submitted to the MinistryNo. ‘General Occupational Health and Safety Requirements ‘Checklist Questions ‘within a year of the effective Gate of this Inw or Som the date that the facility reaches the quota. “Has the employer had the work organization regulation and all amendments approved by the Ministry, and ifso, has the employer ‘announced the regulation by displaying it in a prominent location inthe facility, or by other means that ensure the awareness ofall ‘workers? ‘Labor Law (2005) 13 Hlas the employer notified the competent labor office, in wrifiag ofthe following data? «Name, rype and headquarters ofthe firm, a well a5 25 mailing address and any information that facilitates ‘contact therewith: + Line of business for which it i lidansed_ providing the umber of the Commercial Register arth license, its dave and issuing authority, togetherwith a copy ‘Number of woes filBe employed in the firm, ‘Name of the finns nandger in-charge: and ‘Any other datreqhired by the Ministry. ‘Labor Law (2005) §15 210 ‘Ts the employer unable to tun the facility in person, and if so, has. the employer desiemated a representative at the work place and notified the competent labor office, in waiting, of the mame of the patter or mamazer? ‘Regulatery Note: [f the employer or representative & replaced, ‘the competent labor office must be notified of the change within seven days, ‘Ho manager is appointed ro be in charge of the firm. or ifthe ‘appointed manager does not assume his duties, then the person. ‘who acrually runs the fim or the employer himself chall be ‘considered the manager in charge ofthe firm. Inall cases, the employer is whimarely liable, ‘Labor Law (2005) g16No. ‘Occupational Health and Safety Requirements Regulatory ‘Checist Questions Gitation 211 | Does the employer maintain at the workplace records, statements, | Labor Law apd files containing content specified in the regulations? (2005) §17 212 | Does the employer display in a prominent location at the ‘Labor Law workplace, a schedule of working hours, breaks, weekly rest days, | (2005) §17 and time of start and end of shifl when operating in shifts? 1213 | Has the employer sent the following to the competent lnbor effice™| Labor Law © Astatement of vacant and new jobs, their types, locations, | (2005)§25 ‘wages, and qualifications within a period not exceeding ‘Sfteen days from the date of vacancy or creations * A notice of measures taken to employ the citizens nominated by the employment unit within seven days fiom receiving the nomination letter, + Allst of names, jobs, professions, wagesyages, and nationalities ef warkers, numbers and dates afjwork ‘permits for non-Saudis, and other dacx specified in the ‘Regulations. and + Areporton the stuns gOntitbesadane of wort, and the anticipated increase'ar decrease in jobs during the year ‘Spllowing the date ofthe report. Regulatory Note: The thowidbe sent during the month of ‘Muharram every year: Sats bate Soe ‘and other data specified in the Rezularions; and sof A repost on the status, conditions and nature of work, and the/anticipated increase or decrease in jobs during the year ‘Sellowing the date of the repor.‘ocation in the Sciliry, or by other means that ensure workers? prominent ‘the awareness of all (2005) §13 ‘215 | Does the facility take all necessary precautions te protect workérs [Labor Law from hazards, occupational diseases, machinery, and to ensure). (2085)'§ 123 ‘work safety and protection? ‘Does the facility post instructions related to work abd workers ssafery in a prominent place in the faciiry. in Arabic tn in all other used languages? The employer may pot charge the workers or ‘fom their wages any amoutn or the provision of such Employee Medical and'Well Being Requirements. ‘No, | Emplovee Medical and Well-Being Requirement: Checktist | Rezulatory = rae 7216 | Doef the facilicy use the daly and/or weekly work criterion. and if | Lator Law ‘50, doesithe faciliry ensure that workers do not work for more than | (2005) §98 eight hours.a day or more than 48 hours a week? ‘2.17 | Does the facility ensure that all Muslim workers” hours are Labor Law seduced to.a maximum of six hours a day and 36bours aweek © / (2005) § 99-100 ‘during the month of Ramadan? ‘Regulatary Nate: The number of warking hours may be raised or ‘Jowered due to special circumstances determined pursuant toaNo. ‘Employee Medical and Well-Being Requirements Checkiist ‘Questions ‘In facilities where work is done in shifis. an employer may. with ‘the Ministry's approval. increase the mumber of working hours to snore than § hours a day or 48 hours a week, provided that the averaze working hours in three weeks time shall net be mare or ‘ess than eight hours a day or 48 hours a week. ‘Exceptions to the above requirement are as follows: + Persons in high positions of authority in management and ‘policy, if such positions grant the said personsanthoniy’ ‘over workers; + Preparatory or supplemental works which uustize ‘completed before or after commencement of work: + Work that is intermittent by necessity. andl + Guards and janitors, exchading civil security uards. 28 ‘Does the facility ensure that werkers do network more than five ‘hours without a break of no.Jessithan 30 minutes? ‘Regulatury Note: The'perinds désiznated for rest, prayers and ‘meals shall not be included imacraal working hours. During such ‘Periods, workers shallot be under the employer's authority, and should not be requixed to Temain at the workplace. ‘Exceptions tetie Stove requirement are as follows: ‘+ Devons im high positions of authority in management and ‘policy, f such positions grant the said persons authority ee vet . ‘or supplemental works which nmst be Coaplned beh falar commencnaat of wor: + Work thar is imerminens by necessity, and * Guards and janitors, excluding civil security guards. Labor Law (2008) § 101- 102No. 119 ‘Questions ‘Te Friday is the weekly rest day for all workers, do all workers receive fall pay on the rest day, and is the rest day no Jess than 24 ‘consecutive hours? ‘Regulatory Note: After proper notification of the competent Tabor office, the employer may replace the rest day for some ‘workers with another day of the week. The employer is required to allow all workers to perform their religious obligations. Labor: (2005) § 104 ‘Doss the fall pay workers thir owely wage pas an adios! 50% of the basic wage per hour for overtime work’ ‘Explanatory Note: If the facility is operated on the basis of ‘weekly working hours, che hours in excess of the hourstaken as ‘the criterion are designated as overtime hours: All working hours performed during, holidays and Hid are ‘considered overtime hours LiterLaw 2005) § 107 No. Work Environment.and Controls Work Euviroument and Control: Checklist Questions “Have clearsigns foresit doors and windows been posted? (@9/1380 ‘the TRE “Have sigs been posted Dlustrating work related injuries related to | Royal ofbusimess? Decree No. 21 (9/1389)Industrial Hy 5 No. | Industrial Hygiene and Exposure Limits Checldist Questions 2.23 | Have workers been made aware of the dangers of lead posoning and the means available for protection? ‘Inspection Order No. 435, 41L14 HL (2.24 | Has the safety of workers been guaranteed by using machinery Labor OrietNo. 435 ALSO (2.28 | Ave lead panicles limited to 0.145 mg per cubic metex of air? ‘Labor Inspection ‘Onder No. 435 A404 B. 2:36 Has any machinery that utilizes lead Ween placed at a sale Labor distance fom workers? Inspection Order No. 435 4/11/1404 EL 227 | Have workers uni [Syetrspf age been prohibited fom being | Labor ‘employed in these areas ofthe workplace where there is an Impection ‘exposure 00 che threat of lead poisoning? ‘Onder No. 435 4/11/1404