Health, Safety and Environmental Legal Aspects in

Construction Contracts

Doha, 3rd December 2013

Melina LLODRA, Counsel

Ramy SALEH, Senior Associate

LALIVE – GENEVA LALIVE – ZURICH LALIVE IN QATAR L.L.C

Rue de la Mairie 35 Löwenstrasse 2 PO Box 23495
PO Box 6569 QFC Tower 1
1211 Geneva 6 8001 Zurich Diplomatic Area, West Bay
Switzerland Switzerland Doha, Qatar
TEL. +41 22 319 87 00 TEL. + 41 44 319 80 00 TEL. + 974 44 96 72 47
Outline

 About LALIVE

 Health & Safety

 Environmental

 Q&A
About LALIVE

 Independent law firm, renowned international practice

 Offices in Geneva, Zurich and Doha (Lalive in Qatar LLC)

 Civil and common law

 18 different nationalities

 17 languages spoken

 Able to advise on more than 12 jurisdictions

Health & Safety in Construction

Manhattan, 1932
Health & Safety in Construction

Manhattan, 2012
 Legal Framework in Qatar

 Labour Law No. 14 (2004) as amended

 Environmental Law No. 30 (2002)

 Qatar National Construction Specifications 2010 (Section 11)

 Civil Defense Law No. 13 (1997) as amended

 Several Ministerial Resolutions

 International Labour Organization - 5 conventions ratified by Qatar

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 Labour law: Employer’s duties
 Information about occupational hazards - H&S
instructions (art. 99)

 Precautionary measures (art. 100)

 Hygiene and good ventilation in workplace (art. 103)

 First-aid facilities and regular medical check-ups;

appoint full-time nurse (+100 workers); establish
clinic with physician and nurse (+500 workers) (arts
104 and 105).

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Labour law: Sanctions for non-
compliance of employer’s duites

 Fines

 Closure of facilities

 Imprisonment

depending on nature of violation and number of

workers affected 8
 Labour law: Employee’s duties
 Use protection equipment and uniforms
provided by employer

 Respect applicable health and safety rules

(art. 101)

 Dismissal if violation (more than once) of

safety regulations (art. 61.3)

 No wage / compensation if accident caused

by employee’s violation of H&S rules / gross
negligence (art. 111.3) 9
Qatar National Construction
Specifications 2010 - Section 11, Part 1
 Contractor must ensure, so far as reasonbly
practicable, health, safety and welfare at work of all
their employees

 Employees must (i) exercise reasonable care for H&S

of themselves or others; (ii) cooperate with
contractor to enable him to carry out his duties in
H&S matters.

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Qatar National Construction Specifications 2010
Section 1 – Part 10
 Occupational Health & Safety plan

 Special safety precautions

 First Aid

 Fire precaution & prevention

 Safety of public

 Welfare of workmen
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 Ministerial Resolutions of Minister of
Civil Service and Housing Affairs
 No. 16 of 2005: medical care of workers
 No. 17 of 2005: conditions of workers’ residences
 No. 18 of 2005: work injuries, occupational diseases
and reporting procedure
 No. 19 of 2005: periodic medical examination for
workers exposed to occupational disease risks
 No. 20 of 2005: necessary precautions and
requirements to protect workers, operators and
visitors
 No. 16 of 2007: working hours in open places during
summer.
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 H&S developments in 2013

H&S seminars, trainings

Order preventing working hours 11.30-

3pm in summer

Health camp organized by Supreme Council

of Health

QF mandatory standards of Migrant Workers’

Welfare (section 17)

Worker’s Charter for Qatar 2022

Decision Minister Labour and Social Affairs to amend

inspection procedure: inspections at any time

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 Envisioned H&S developments

Draft on
occupational
H&S law QCS 2013
by end of
year

Further
training
More
inspections

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Potential liabilities

 Employees

 Consortium member

 Sub-contractors, consultants

 Third parties at site

Environmental Legal Aspect in
Construction Contracts - Outline

 Eco-Introduction of Qatar

 Eco-Vision of Qatar

 Green Building Code

 Qatar Green Initiatives

 “Green” obligations in construction contracts

 Eco-Conclusion

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Eco-Introduction of Qatar

 Qatar is a peninsula, about 180 km

long and 85 km wide covering a
land area of 11,437 sq. Km,
surrounded on three sides by the
waters of the Arabian Gulf

 Qatar is classified as a hot

subtropical desert. It has no rivers
or lakes
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Eco-Vision of Qatar – Ministry of
Environment

 Balance between the social and

economic development needs
and protecting the environment

 Ensure the quality of

environmental health and safety

 Propose and develop policies and

legislations to protect the
environment 18
Eco-Vision – Qatari Environmental
Legislation

 Law by Decree No. 30 of 2002 promulgating

the Environmental Protection Law

 Executive By-Law for the Environmental

Protection Law

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Eco-Vision – Qatari Environmental
Legislation

 Environmental Protection Law outlines the basis of

the current protection policy in Qatar

 Contains objectives for the environmental

protection and sustainable development

 States the undertaking and Environmental Impact

Assessment for development Projects

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Eco-Vision – Qatari Environmental
Legislation

 Requires contingency plan for environmental

disasters

 Details proposals for hazardous waste

disposal/treatment

 Details a penalty system for enforcement of

the law

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Eco-Vision – Green Building Code

 It was introduced under Qatar Construction

Standards 2010 (QCS 2010)

 To promote environmentally and

economically sound design and development
techniques in order to design buildings and
infrastructure that are sustainable, healthy
and affordable

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Eco-Vision – Green Building Code

 It incorporates Qatar Sustainability

Assessment System (QSAS)

 QSAS is divided to eight sustainable

categories and sets of criteria, each with a
direct impact on environmental stress
mitigation and certain environmental-related
factors

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Eco-Vision – Green Building Code

 Categories of building schemes that are

subject to the QSAS include (neighborhood,
commercial, core & shell, residential, schools,
mosques, hotels, light industries and sports
facilities

 Types of buildings covered commercial

buildings – build-up areas of 10,000m2 and
more & residential compounds – build-up
areas of 20,000m2 or more
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Qatar Green Initiatives

 Qatar National Development Strategy 2011 -

2016

 Qatar National Vision 2030

 International Conventions/Agreements

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 Qatar Green Initiatives - Qatar National
Development Strategy 2011 -2016

 Improve air quality management, establish a

solid waste management plan, sound social
development

 Cleaner water and sustainable use, more

recycling, governance for effective
environmental management

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Qatar Green Initiatives - Qatar National
Vision 2030

 One of the four pillars of QNV 2030 for the

management of the environment such that
there is harmony between economic growth,
social development and environmental
protection

 To reach a balance between development

needs and protecting the Environment

27
Qatar Green Initiatives - International
Environment Agreements

 Basel Convention

 Convention of Biological Diversity

 Rotterdam Convention

 United Nations Framework Convention on

Climate Change

 World Heritage Convention

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Qatar Green Initiatives - Latest Updates

 Ministry of Environment workshop on construction waste management

 Participation in the United Nations Climate Change Conference held in

Warsaw 2013

 Qatar Foundation “Green” initiative for its highly sustainable Male and
Female Student Housing Project

 Qatar Environment & Energy Research Institute – member of Qatar

Foundation

 Qatar University has signed a MOU with Sasol for a three year project
that will advance research in the use of amines for CO2 capture from flu
gases

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Green Obligation in Construction Contracts

 Contractor must comply with all environmental

protection legislation relevant to the work under the
Contract, including environmental policies and
procedures identified by the Employer

 Contractor is required to prepare EIA study

 Contractor is obliged to obtain environmental

permit prior to initiation of
construction/commencement of new projects

 No Claims to make by Contractor to comply with

Environmental Requirement

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Eco-Conclusion

 Raising awareness

 It the responsibility of everyone

 We need to care for our natural environment for it was

entrusted to us by God to use with responsibility and
respect for the benefit of human kind. If we nurture
our environment, it will nurture us

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