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Occupational Safety and Health (OSH)

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Egypt - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The labour code (Law 12/2003) devotes a specific section (Book V) to occupational safety and health and assurance of the adequacy of the working environment. It is supplemented by Ministerial decrees which elaborate more specific technical provisions, the most important ones relating to notifications and procedures in the case of work-related accidents, injuries, fatalities and diseases; specifying conditions and precautions essential for the provision of OSH measures at the workplace; and defining OSH services and committees, and related OSH training institutions. Other laws and regulations indirectly relate to OSH.
  • Labour Code (No. 12 of 2003).
  • Egyptian Environmental Affairs Agency
  • Occupational safety and health country profile of Egypt
  • Egyptian Government Services Portal
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: The establishment must medically examine workers according to their mental and psychological abilities.
  • Labour Code (No. 12 of 2003). (Art. 216)
- 2.2 Definition of worker
  Summary/citation: A worker is defined as "any natural person working in return for a wage with and under the management of the employer".
  • Labour Code (No. 12 of 2003). (Art. 1)
  - 2.2.1 Coverage of particular categories of workers
    - 2.2.1.1 Migrant workers
      Summary/citation: A worker is defined as "any natural person working in return for a wage with and under the management of the employer".
      Remarks / comments: There are not any specific provisions excluding migrant workers.
      • Labour Code (No. 12 of 2003). (Arts. 1, 4)
    - 2.2.1.2 Domestic workers
      Summary/citation: The provisions of the Labour Code do not apply to "domestic workers and the like".
      Restrictions / obligations: This shall be valid unless a text is prescribed providing otherwise.
      • Labour Code (No. 12 of 2003). (Art. 4)
    - 2.2.1.3 Home workers
      Summary/citation: A worker is defined as "any natural person working in return for a wage with and under the management of the employer".
      Remarks / comments: There are not any specific provisions excluding home workers.
      • Labour Code (No. 12 of 2003). (Arts. 1,4)
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: The employer is defined as "any natural or juridical person employing one or more workers in return for a wage".
  • Labour Code (No. 12 of 2003). (Art. 1)
  Related CEACR Comments
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2017
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 1993
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: Included. There is a number of laws containing specific providions on OSH in the agriculture secor.
    • Resolution 3059 on agricultural pesticides 2004
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 4)
    • Resolution No. 3209 of 2003 on pesticides 2003
    • Agricultural law no. 53 of 1966 1966
  - 2.4.2 Construction
    Summary/citation: Included.
    Remarks / comments: There are not any specific provisions excluding the construction sector.
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2004
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2016
  - 2.4.3 Services
    Summary/citation: Included.
    Remarks / comments: There are not any specific provisions excluding the service sector.
  - 2.4.4 Public sector
    Summary/citation: The provisions of the Labour Code do not apply to "public servants of the state agencies, including the local government units and the public authorities."
    • Labour Code (No. 12 of 2003). (Art. 4)
    Related CEACR Comments
    • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2017
    • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 1993
  - 2.4.5 Other
    Summary/citation: The provisions of the Labour Code do not apply to "employer's family members whom he actually supports".
    • Labour Code (No. 12 of 2003). (Art. 4)
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  No data available.
  - 2.6.1 List of occupational diseases
    Summary/citation: A list of occupational diseases is recognized in law.
    • Social Insurance Law No. 79 of 1975. (Table 1)
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    Summary/citation: Insurance of workers is not only restricted to those who have a disease within the "occupational diseases list", but also those who no longer have the capacity to work and those who are affected by other types of diseases.
    • Social Insurance Law No. 79 of 1975.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: The "Vocational Safety and Health and Labour Inspection Agency" is required to enforce OSH legislation.
  • Labour Code (No. 12 of 2003). (Art. 225)
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The members of the "Vocational Safety and Health and Labour Inspection Agency" are inspectors who monitor the implementation of OSH provisions.
    • Labour Code (No. 12 of 2003). (Art. 225)
  - 3.1.2 Chairperson and composition
    No data available.
- 3.2 National OSH research programme or institute
  Summary/citation: The "National Center for Industrial Safety Studies" is responsible for setting the central plans for research and studies in the field of OSH.
  • Labour Code (No. 12 of 2003). (Art. 229)
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The centre shall follow up the implementation of research projects with the relevant agencies at the Ministry.
    • Labour Code (No. 12 of 2003). (Art. 229)
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  Summary/citation: The "Higher Consultative Council for Vocational Safety and Health and Ensuring Labour Environment Security" is responsible for setting the national policy and recommendations in relation to occupational safety and health.
  • Labour Code (No. 12 of 2003). (Art. 230)
  - 3.3.1 Consultation on the national OSH programme
    Summary/citation: It shall be observed in forming the council that it shall be headed by the concerned minister, with the membership of representatives of interested ministries, an equal number of representatives of each of the employers organizations and of the general Federation of Egyptian Trade Unions, as well as a number of the experienced in the field of vocational safety and health, and labour environment.
    • Labour Code (No. 12 of 2003). (Art. 230)
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: The establishment and its branches shall provide the means of vocational safety and health and ensure labour environment security in workplaces in order to provide protection from physical risks.
  • Labour Code (No. 12 of 2003). (Art. 208)
- 4.2 Duty to protect the health and safety of people other than their own employees
  No data available.
- 4.3 Collaboration among two or more employers at the same workplace
  No data available.
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: The establishment must coordinate with the Health Insurance Authority to carry out the periodical medical examination for all workers in the establishment and to maintain their health fitness and safety.
  • Labour Code (No. 12 of 2003). (Art. 219(c))
  - 4.4.1 Specific hazards for which surveillance is required
    No data available.
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: The establishment must carry out daily periodical inspection of the places of work in each shift (specially the dangerous ones) in order to discover the risks and to take the necessary means of protection.
  (Labour Code, Art. 219(a))
  
  For establishments with agencies related to occupational safety and health, these agencies must recognize, measure, and evaluate pollutants and dangers (e.g. their concentration, quantities, and health consequences) and create systems for their control.
  (Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 3(d)(e))
  • Labour Code (No. 12 of 2003). (Art. 219(a))
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 3(d)(e))
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The establishment must provide workers with personal protective equipment and train them on its use.
  • Labour Code (No. 12 of 2003). (Art. 216(b))
  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2004
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2016
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: The establishment must compel workers to use the personal protective equipment.
  • Labour Code (No. 12 of 2003). (Art. 216(b))
- 4.8 Duty to provide first-aid and welfare facilities
  Yes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The establishment shall provide first aid means for its workers and shall employ one or more qualified male nurse for first aid services in each shift of work, or charge a doctor to visit the establishment for that purpose.
    • Labour Code (No. 12 of 2003). (Art. 219(c))
  - 4.8.2 Sanitary installations
    Summary / Citation: The establishment shall secure public utilities (sanitary installations and water sources, etc.)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 1(i))
  - 4.8.3 Drinking water
    Summary / Citation: The establishment shall secure public utilities (sanitary installations and water sources, etc.)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 1(i))
  - 4.8.4 Rest and eating areas
    Summary / Citation: The establishment shall provide places distant from work areas for storing food and beverages, and smoking.
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 1(i))
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Sometimes.
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: The agency on occupational safety and health is responsible for determining the policies in relation to occupational safety and health at the workplace.
    The OSH agency must set an annual plan for the implementation of policies and for the management of occupational safety and health services.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1, 3(b)(k))
  - 5.1.2 Appointment of a person for health and safety
    No data available.
  - 5.1.3 Written risk assessment
    Summary/citation: The establishment management and its subsidiaries shall undertake an analysis and evaluation of hazards, potential natural and industrial catastrophes and prepare an emergency plan to protect the establishment and workers in case of such disasters.
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 3)
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: It is the responsibility of the OSH agency to prepare a set of measures required to achieve a safe workplace.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1, 3(a)-(p))
  - 5.1.5 Training and information on risks
    Summary/citation: With regard to general training, the establishment must train workers on sound bases for the performance of his vocation.
    With regard to chemicals, the establishment must provide workers with training on dealing with dangerous chemical materials and cancer-causing substances. Also, it must inform them on their dangers and necessary safety precautions.
    With regard to risks management, the establishment must train the workers on an emergency plan with respect to expected natural and industrial disasters.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 211, 215, 216(b))
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: The OSH agency at the workplace must prepare response plans to emergency situations and test their efficacy and efficiency (by recognizing their positives and negatives while carrying out field experiments for their implementation).
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 1, 3(f))
  - 5.1.7 Consultation with workers in health and safety
    Summary/citation: Consultation of workers occurs through OSH committees at the workplace, whereby representatives of workers must be included.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 1, 5)
- 5.2 Obligation to implement a specific OSH management system or standard
  Summary/citation: The OSH agency must set an annual plan for the implementation of policies and for the management of occupational safety and health services.
  Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 1, 3(k))
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  No data available.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    No data available.
    - 6.1.1.1 Qualifications of experts or professional services
      No data available.
- 6.2 Appointment of an OSH practitioner
  Summary/citation: A specialist of vocational safety and health shall be appointed for the purpose of ensuring labour security in the establishment.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 14)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 14)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: The worker must follow all safety instructions.
  • Labour Code (No. 12 of 2003). (Art. 217)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: The worker must not commit any act that would prevent/change/harm the means used to protect the health of fellow workers.
  • Labour Code (No. 12 of 2003). (Art. 217)
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  No data available.
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  No data available.
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: The worker must follow all safety instructions.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 217)
- 7.7 Right to enquire about risks and preventive measures
  No data available.
- 7.8 Right to remove themselves from a dangerous situation
  No data available.
- 7.9 Right to be reassigned to non-hazard work
  No data available.
  - 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work
    No data available.
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  Summary / Citation: The "Higher Consultative Council for Vocational Safety and Health and Ensuring Labour Environment Security" shall be formed. A consultative committee for OSH shall be formed also under the chairmanship of the governor in each governorate.
  • Labour Code (No. 12 of 2003). (Arts. 230-231)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The council is responsible for setting up the general policy in this field, and proposing the general recommendations concerning the implementation of this policy.
    • Labour Code (No. 12 of 2003). (Art. 230)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The council is to be headed by the concerned Minister with membership of representatives of interested ministries, an equal number of representatives of each of the employers' organisations and of the General Federation of Egyptian Trade Unions as well as a number of the experienced in the field of OSH.
    The committee shall include representatives of the concerned quarters in the governorate, an equal number of representatives of the employers organisations, representatives of workers in the governorate, and a number of experienced professionals in OSH.
    • Labour Code (No. 12 of 2003). (Arts. 230-231)
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: Consultation of workers occurs through OSH committees at the workplace, whereby representatives of workers must be included.
  Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: Workers are represented within the OSH committee at the workplace.
  Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: All different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 1)
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  Sometimes.
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: OSH representatives have the right to ensure the establishment's compliance with safe levels and standards.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.4.2 Right to access OSH information
    Summary / Citation: OSH representatives have the right to study conditions of work and causes leading to accidents and injuries. They shall also follow up on plans for occupational safety and health, as well as the work of the "Vocational Safety and Health and Ensuring Labour Environment Security Agency" at the workplace.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 1,5)
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    No data available.
  - 8.4.8 Right to issue remedial notices
    No data available.
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: The OSH representatives shall study the conditions of work and causes leading to accidents and diseases, and specify the procedures and the recommendations to prevent them or limit their repetition. They shall also follow up the programs and the plans concerning the estimation and evaluation of risks.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.4.10 Right to direct that dangerous work cease
    No data available.
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  No data available.
  - 8.5.1 Right to enter the workplace
    No data available.
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    No data available.
  - 8.5.3 Right to consult with workers
    No data available.
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    No data available.
- 8.6 Joint OSH Committee
  Summary / Citation: One or more committees shall be established for vocational safety and health and ensuring labour environment security in the establishments.
  Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: One or more committees in relation to occupational safety and health shall be established. They shall be formed of:
    - The employer or his assigned delegate as a chairman
    - The heads of work sections (workers) as members
    - The official in charge of civil defence and fire-fighting as a member
    - The physician of the establishment as a member
    - The senior official in charge of vocational safety and health as a member.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: All different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: The law describes in details the responsibilities of the OSH committee, which could be summarized as follows: preparing plans in relation to occupational safety and health, ensuring the implementation of OSH legislation, preventing diseases and accidents, observing standards in relation to OSH, and following up on the work of the "Vocational Safety and Health and Ensuring Labour Environment Security Agency".
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,5)
  - 8.6.4 Keeping record of the work of joint OSH committees
    Summary / Citation: The committee shall record its work in a special register that shall be easy to access by the labour inspectors.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,10)
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    Summary / Citation: The committee shall record its work in a special register that shall be easy to access by the labour inspectors.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Arts. 1,10)
- 8.7 Mandatory training for members of joint OSH committee(s)
  Summary / Citation: The establishment shall provide training for the specialists, technicians and members of the Vocational Safety and Health and Ensuring Labour Environment Security Committees, and those in charge of management, production, and utilities, including the physicians, in a manner conforming with the responsibilities of each of these levels and the nature of work in the establishment. This training shall include the basic, advanced, specific, and specialized training.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 17)
- 8.8 Protection against reprisals
  Summary / Citation: The following reasons shall not be considered legitimate for termination: "exercising the quality of workers' representative, former exercise of that quality, or seeking to represent the workers."
  • Labour Code (No. 12 of 2003). (Art. 120)
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
9 Specific hazards or risks
- 9.1 Biological hazards
  Summary / Citation: The establishment shall take prevention measures to ensure protection from infections with bacteria, viruses, fungi, parasites and other biological risks.
  (Labour Code, Art. 210)
  
  The establishment and its subsidiaries adheres to provide methods of occupational health and safety and securing work environment in order to guarantee protection form, among others, biological risks.
  (Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003, Art. 33)
  • Labour Code (No. 12 of 2003). (Art. 210)
  • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 33)
- 9.2 Chemical hazards
  Yes.
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: The establishment and its branches shall provide means of protection from chemical dangers resulting from dealing with solid, liquid, and gaseous substances.
    (Labour Code, Art. 211)
    
    The establishment and its subsidiaries adheres to provide methods of occupational health and safety and securing work environment in order to guarantee protection form, among others, chemical risks.
    (Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003, Art. 34)
    • Labour Code (No. 12 of 2003). (Art. 211)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 34)
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: The establishment management, employers, chemical suppliers and manufacturers shall provide and prepare safety reports of chemicals and include the following information:
    • Chemicals identity, components, natural specifications, accompanied hazards (include toxicity, explosion, fire, etc.), potential hazards, protection and relief procedures and measures of unexpected diffusion materials.
    • Appropriate materials of fire fighting, extinguishing, means of transport, handling and storing, safe methods of wastes and remains' disposing, environmental impact and date of preparing such a document.
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 34)
  - 9.2.3 Pesticides
    Yes.
    • Resolution 3059 on agricultural pesticides 2004
    • Resolution No. 3209 of 2003 on pesticides 2003
    • Agricultural law no. 53 of 1966 1966
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Summary / Citation: The establishment shall take prevention measures to ensure protection from dangerous radiation.
    (Labour Code, Art. 208)
    
    The establishment shall implement protection conditions and procedures from ionizing radiation whether it was resulted from radiant materials or any activities that may generate radiant activity.
    (Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003, Art. 10)
    • Labour Code (No. 12 of 2003). (Art. 208)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 10)
    Related CEACR Comments
    • Radiation Protection Convention, 1960 (No. 115) Direct Request 2017
  - 9.4.2 Vibration and noise
    Summary / Citation: The establishment shall take prevention measures to ensure protection from noise and vibrations.
    (Labour Code, Art. 208)
    
    Precautions of reducing dangerous noise level on workers health shall be taken in order to avoid increasing the noise level and exposure period over safe standards.
    (Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003, Art. 8)
    
    Precautions to prevent or decrease workers' exposure to mechanical vibrations shall be taken.
    (Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003, Art. 9)
    • Labour Code (No. 12 of 2003). (Art. 208)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Arts. 8,9)
    Related CEACR Comments
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Observation 2006
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2016
  - 9.4.3 Working at height
    Summary / Citation: There are provisions which address work involving the use of scaffolds, suspended scaffolds, cornices, stairs, and which also address work conditions at higher levels, including roofs.
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Arts. 15-18, 22)
    Related CEACR Comments
    • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 2004
    • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 2016
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    Yes.
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003
  - 9.4.6 Exposure to extreme temperatures
    Summary / Citation: The establishment shall take prevention measures to ensure protection from heat/chilliness.
    • Labour Code (No. 12 of 2003). (Art. 208)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 5,6)
  - 9.4.7 Fire risks
    Summary / Citation: The establishment shall take prevention measures to ensure protection from the risk of explosion, as well as the risks of fire.
    • Labour Code (No. 12 of 2003). (Arts. 208, 214)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 2)
  - 9.4.8 Tobacco
    Summary / Citation: The director in charge of the establishment must take adequate measures to prevent smoking in closed public places except within the permissible limits specified in the license issued for such establishments. In such case, a special area shall be reserved for smokers in such a way as not to affect the air in other areas.
    Smoking is prohibited in means of public transport.
    • Environment Law (No. 4 of 1994). (Art. 46)
  - 9.4.9 Asbestos
    No data available.
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    No data available.
- 9.5 Psychosocial hazards
  Sometimes.
  - 9.5.1 Psychosocial risks
    Summary / Citation: The establishment and its branches shall carry out a medical examination of workers' abilities and ascertain the workers' fitness from the point of view of their physical, mental and psychological abilities in order to ensure their fitness to work demands.
    • Labour Code (No. 12 of 2003). (Art. 216)
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  Yes.
  • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: The establishment shall take the measures necessary to ensure protection from dangers resulting from work tools and machines.
    (Labour Code, Art. 209)
    
    There is a number of specific provisions regulating protection from mechanic hazards.
    (Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003, Art. 14-32)
    • Labour Code (No. 12 of 2003). (Art. 209)
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 14-32)
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    No data available.
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
  - 9.7.5 Maintenance of machinery and equipment
    Summary / Citation: The agency on OSH at the workplace must monitor machines according to quality specifications, standards, technical bases in their use and maintenance, as well as their efficacy and fitness for the nature of the work.
    Restrictions / obligations: This applies to all different work sites and establishments employing fifty or more workers on one site as indicated in table No. 1 attached to this decree, whatever their kind or affiliation is.
    • Decree No. 134 of 2003 determining the establishments committed to institute functional agencies, committees for vocational safety and health and ensuring labour environment security, and the quarters assuming the training and the rules to be followed in this respect (Art. 1, 3(g))
    - 9.7.5.1 List of equipment where applicable
      No data available.
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Yes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: Pregnant women are prohibited from working in areas where they are exposed to benzene or substances containing benzene. In addition, they are prohibited from working in places where women are prohibited from work as well.
    • Decree of the Ministry of Manpower and Emigration determining works for which women may not be employed (No. 155 of 2003). (Art. 1 (para. 30))
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: Women who are breastfeeding are prohibited from working in areas where they are exposed to benzene or substances containing benzene. In addition, they are prohibited from working in places where women are prohibited from work as well.
    • Decree of the Ministry of Manpower and Emigration determining works for which women may not be employed (No. 155 of 2003). (Art. 1(para. 30))
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: The law provides for 30 different types of work whereby women are prohibited from employment.
    • Decree of the Ministry of Manpower and Emigration determining works for which women may not be employed (No. 155 of 2003).
    Related CEACR Comments
    • Underground Work (Women) Convention, 1935 (No. 45) Direct Request 2010
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: The law provides for types of work, occupations and industries whereby children below 18 and below 16 are not allowed to be employed.
    • Decree of the Ministry of Manpower dermining system of employing children, and conditions, terms and cases in which they are employed, as well as works, vocations and industries in which it is prohibited to employ children (No. 118 of 2003).
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2021
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2021
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Sometimes.
  - 10.1.1 Work-related accidents
    Summary / Citation: The establishment shall provide the concerned manpower directorate with a semi-annual statistical statement on diseases and injuries during the first half of the months of July and January.
    Restrictions / obligations: This applies to industrial establishments with 15 workers or more and in non-industrial establishments with 50 workers or more.
    • Labour Code (No. 12 of 2003). (Art. 228)
    • Decree No. 180 of 2003 concerning the regulation of medical care for workers (Art. 8)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: The establishment shall provide the concerned manpower directorate with a semi-annual statistical statement on diseases and injuries during the first half of the months of July and January.
    • Labour Code (No. 12 of 2003). (Art. 228)
    • Decree No. 180 of 2003 concerning the regulation of medical care for workers (Art. 8)
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: The establishment shall provide the concerned manpower directorate with a semi-annual statistical statement on diseases and injuries during the first half of the months of July and January.
  The establishment shall notify the concerned manpower directorate of each grave accident occurring in the establishment within twenty four hours of its occurrence.
  • Labour Code (No. 12 of 2003). (Art. 228)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: A specialised agency for inspection shall be created which shall control the implementation of OSH provisions through inspection of the workplace.
  • Labour Code (No. 12 of 2003). (Art. 224)
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: Public servants shall have the right to enter all workplaces and inspect them to ascertain the application of legislative provisions.
    • Labour Code (No. 12 of 2003). (Art. 233)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: Inspectors have the power to perform the necessary medical and laboratory examinations of workers in establishments to investigate work conditions; to take samples of the substances used and handled by the workers; and to gather information on instruments/cameras and other such equipment.
    • Labour Code (No. 12 of 2003). (Art. 225)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.2.3 Power to investigate
    No data available.
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.2 Power to impose financial penalties
    No data available.
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: Inspectors have the power to stipulate prerequisite notifications or license to utilize hazardous materials.
    • Decree no. 211 of 2003 on safety levels, precautions, and terms to prevent detrimental physical, chemical, biological and mechanical hazards and securing the work environment 2003 (Art. 35)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: Based on the report of the "Vocational Safety and Health and Labour Environment Inspection Agency" inspectors can order the establishment to be closed down totally or partially, or to stop the use of one or more machines. The closure and stoppage order shall be executed by administrative channels.
    • Labour Code (No. 12 of 2003). (Art. 225)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  - 11.3.5 Power to initiate prosecutions
    No data available.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: The inspectors have the right to review the emergency plan and analyse risks at the establishment; review the results of administrative reports issued by the establishment in relation to the kinds and causes of grave accidents.
    • Labour Code (No. 12 of 2003). (Art. 225 (d), (e))
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: Minimum: 1,000 pounds (148.9$)
    Maximum: 10,000 pounds (1489.4$)
    Restrictions / obligations: This is applied in the case of infringement of any provision within the "Vocational Safety and Health and Ensuring Labour Environment Security" book of the labour law. This penalty is mandatory in case the crime results in death or injury. The fine is doubled in case of recurrence.
    • Labour Code (No. 12 of 2003). (Art. 256)
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Minimum: 1,000 pounds (148.9$)
    Maximum: 10,000 pounds (1489.4$)
    Restrictions / obligations: This is applied in the case of infringement of any provision within the "Vocational Safety and Health and Ensuring Labour Environment Security" book of the labour law. This penalty is mandatory in case the crime results in death or injury. The fine is doubled in case of recurrence.
    • Labour Code (No. 12 of 2003). (Art. 256)
  - 11.4.3 Non-financial sanctions
    No data available.
  - 11.4.4 Criminal liability
    Summary / Citation: Criminal liability is foreseen by the law.
    • Labour Code (No. 12 of 2003). (Art. 256)
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Minimum of three months for infringement of articles 202-231 of the Labour Code. No maximum is specified.
    Restrictions / obligations: This is applied in the case of infringement of any provision within the "Vocational Safety and Health and Ensuring Labour Environment Security" book of the labour law. This penalty is mandatory in case the crime results in death or injury. The fine is doubled in case of recurrence.
    • Labour Code (No. 12 of 2003). (Art. 256)

Egypt - 2013

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

3 Institutions and programmes relating to OSH administration and/or enforcement

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

4 Employers’ duties and responsibilities to protect the safety and health of workers and others

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

5.1 Elements of an OSH management system

5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

6 Employers’ duty to ensure availability of expertise and competence in health and safety

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters