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Occupational Safety and Health (OSH)

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Kuwait - 2013

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: Legislation on occupational safety and health in Kuwait is mostly based on Law no. 6 of 2010, and decree no. 22 respecting safety precautions at the workplace.
  • Occupational safety and health country profile: Kuwait
  • Kuwaiti Official Gazette
  • Law No. 6/2010 concerning Labour in the Private Sector.
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease.
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  No data available.
- 2.2 Definition of worker
  Summary/citation: Every male or female who does a manual or intellectual labour in favour of an employer, under his management and control against a fixed wage.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter I, Article 1, Paragraph 3 )
  - 2.2.1 Coverage of particular categories of workers
    Sometimes.
    - 2.2.1.1 Migrant workers
      Summary/citation: The employer is banned from recruiting foreign work force until he gets approval from the Ministry of Labour. Once this approval is granted, all regulations will then be applied to the worker.
      Restrictions / obligations: Approval from the Ministry of Labour for the total number of workers allowed is required.
      • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Article 10)
    - 2.2.1.2 Domestic workers
      Summary/citation: Domestic workers are excluded from the scope of this law. A decision by the Minister shall be issued governing the relationships between domestic workers and their employers.
      • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter I, Article 5 )
    - 2.2.1.3 Home workers
      No data available.
    - 2.2.1.4 Self-employed persons
      No data available.
- 2.3 Definition of employer
  Summary/citation: The employer denotes every natural or legal person that employs labourers against a fixed wage.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Article 1 )
- 2.4 Exclusion of branches of economic activity
  Sometimes.
  - 2.4.1 Agriculture
    Summary/citation: Agriculture workers are not excluded from the scope of the legislation unless they are governed by other laws.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Article 5)
  - 2.4.2 Construction
    Summary/citation: Construction is not excluded from the scope of the legislation.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Article 5)
    • Order No. 1/95 of 1995 to prescribe the safety conditions and requirements to be met for scaffolding.
  - 2.4.3 Services
    Summary/citation: Services are not excluded from the scope of the legislation.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Article 5)
  - 2.4.4 Public sector
    Summary/citation: The provisions of this law shall be enforceable to the private sector employees.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Article 2)
  - 2.4.5 Other
    Summary/citation: The provisions of this law shall be enforceable to the marine work contracts and to the oil sector in all issues not especially stipulated in their respective laws. Workers being subject to the enforcement of other law and the provisions of other relevant laws are excluded from the scope of this law.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 1, Arts. 3-5)
- 2.5 Definition of occupational accident
  No data available.
- 2.6 Definition of occupational disease
  Sometimes.
  - 2.6.1 List of occupational diseases
    Summary/citation: The Minister shall, after seeking opinion of the Ministry of Health, issue resolutions regulating the precautions and specifying the list of occupational diseases and the industries and works that cause them, hazardous materials and permitted levels of concentrations.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 4, Section IV, Article 86)
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
3 Institutions and programmes relating to OSH administration and/or enforcement
- 3.1 Competent national authority for safety and health at work
  Summary/citation: Decree 42 of 1979 stipulates the creation of an standing committee of representatives from the Ministry of Social Affairs and Labour and the Ministry of Health with the objective of coordinating the work on occupational health and safety.
  The committee submit its monthly reports to the Minister of Social Affairs and Labour with copies to Ministry of Health. The Ministry of Social Affairs and Labour has the primary responsibility to ensure overall OSH administration and enforcement.
  
  • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety.
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The objectives of the standing committee include: 1.Setting a work plan to improve OSH standards. 2.Setting an action plan to enforce implementation of OSH legislation. 3. Conducting studies and research on OSH. 4.Studying new decrees to enforce OSH regulations. 5. Reviewing yearly progress reports. 6.Proposing training programs inside and outside the country to promote OSH standards.
    • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 2)
  - 3.1.2 Chairperson and composition
    Summary/citation: The standing committee is chaired by a representative from the Ministry of Social Affairs and Labour and supported by member of of the ministry of Health.
    • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 1)
- 3.2 National OSH research programme or institute
  Summary/citation: The objectives of the standing coordination committee include conducting studies and research on OSH.
  • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 2)
  - 3.2.1 Objectives, roles and/or functions
    Summary/citation: The objectives of the standing coordination committee include conducting studies and research on OSH.
    • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 2)
  - 3.2.2 Governance board constitution and chairmanship
    Summary/citation: The standing committee is chaired by a representative from the Ministry of Social Affairs and Labour and supported by member of the Ministry of Health.
    • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 1)
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  No data available.
  - 3.3.1 Consultation on the national OSH programme
    No data available.
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 employer shall take all the needed precautionary safety measures for securing the safety of his workers, machinery, equipment, and the circulated materials in the firm and the persons utilizaing these materials against the work hazards.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 83)
- 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 employer shall keep in the workplace records of the routine medical checks for operators who are exposed to health hazards.
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Chapter II, Article 26 item d)
  - 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 employer shall take all the needed precautionary safety measures for securing the safety of his workers, machinery, equipment, and the circulated materials in the firm and the persons utilizaing these materials against the work hazards.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 83)
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: The employer shall provide the required safety and occupational health instruments and kits.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 83)
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: Workers who fail to use protective equipment shall receice a penalty.
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section II, Article 25)
- 4.8 Duty to provide first-aid and welfare facilities
  Sometimes.
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: The employer shall take the necessary precautionary measures for protecting workers against health hazards and occupational diseases resulting from the practice of such work, and shall further provide the necessary first aid kit and medical services. Furthermore, if the number of workers is more than 50, a first aid room should be provided.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 86; Section 1, Article 21)
  - 4.8.2 Sanitary installations
    Summary / Citation: A toilet shall be provided for every 25 workers. If there are women workers, one toilet shall be provided for every 15 women. Also, one washing basin for every 10 workers, and one shower for every 10 workers in jobs that lead to excessive dirt shall be provided.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section I, Article 17)
  - 4.8.3 Drinking water
    Summary / Citation: Clean cold potable water shall be provided in different locations to allow easy access to it. Also, it is preferred that these are provided in the form of a water fountain and should be marked as drinking water to distinguish from other water at the workplace.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section I, Article 18)
  - 4.8.4 Rest and eating areas
    No data available.
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 employer shall take all the needed precautionary safety measures for securing the safety of his workers, machinery, equipment, and the circulated materials in the firm and the persons utilizing these materials against the work hazards.
    The employer shall fix in a conspicuous place at the work center an approved rules and regulations by the competent Labour Department at the Ministry, consisting in particular of the daily working hours and the break period therein, the weekly off day and official holidays.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Arts. 82- 83)
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: The Minister, upon seeking the opinion of the competent authorities, shall issue a decision identifying the kinds of activities which shall abide with the provision of the necessary equipment and tools for the workers safety and occupational health in such installations, along with the appointment of the specialized technicians or specialists for controlling to what extent the safety and occupational measures conditions have been observed. Also the decision shall indicate the qualifications and responsibilities of those technicians and specialists as well as their training programme.
    
    Industrial and construction companies that employ over 200 workers must assign an OSH supervisor.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 85)
    • Ministerial Decree No. 164/2006 amending several provisions from Ministerial Decree No. 114/1996 regarding the Requirements and Conditions that Should be Provided in Work Places to Protect the Employees from Work Hazards. (Article 7, Paragraph 1)
  - 5.1.3 Written risk assessment
    No data available.
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: The dedicated OSH officer will routinely identify hazards and propose mitigation plans plus report actual incidence rates and follow progress.
    The Minister shall issue regulatory decisions on the instructions and precautionary warning signboards to be fixed at conspicuous centers in the work center, and the personal safety measures which the employer shall provide for the different activities.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 84)
    • Ministerial Decree No. 164/2006 amending several provisions from Ministerial Decree No. 114/1996 regarding the Requirements and Conditions that Should be Provided in Work Places to Protect the Employees from Work Hazards. (Article 7, Paragraph 1)
  - 5.1.5 Training and information on risks
    Summary/citation: The employer shall explain to the worker before commencing work of the risks involved and the precautionary requirements.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 84)
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: The dedicated OSH officer will routinely identify hazards and propose mitigation plans plus report actual incidence rates and follow progress.
    • Ministerial Decree No. 164/2006 amending several provisions from Ministerial Decree No. 114/1996 regarding the Requirements and Conditions that Should be Provided in Work Places to Protect the Employees from Work Hazards. (Article 7, Paragraph 1)
  - 5.1.7 Consultation with workers in health and safety
    No data available.
- 5.2 Obligation to implement a specific OSH management system or standard
  No data available.
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Sometimes.
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: The Minister, upon seeking the opinion of the competent authorities, shall issue a decision identifying the kinds of activities which shall abide with the provision of the necessary equipment and tools for the workers safety and occupational health in such installations, along with the appointment of the specialized technicians or specialists for controlling to what extent the safety and occupational measures conditions have been observed.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 85)
    - 6.1.1.1 Qualifications of experts or professional services
      Summary / Citation: The decision of the Minister identifying the appointment of the specialized technicians or specialists for controlling to what extent the safety and occupational measures conditions have been observed shall also indicate the qualifications and responsibilities of those technicians and specialists as well as their training programme.
      • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 85)
- 6.2 Appointment of an OSH practitioner
  Summary/citation: Specific industrial and construction companies shall assign an OSH officer.
  • Ministerial Decree No. 164/2006 amending several provisions from Ministerial Decree No. 114/1996 regarding the Requirements and Conditions that Should be Provided in Work Places to Protect the Employees from Work Hazards. (Article 7, Paragraph 1)
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: Industrial and construction companies that employ over 200 workers shall assign an OSH supervisor.
    • Ministerial Decree No. 164/2006 amending several provisions from Ministerial Decree No. 114/1996 regarding the Requirements and Conditions that Should be Provided in Work Places to Protect the Employees from Work Hazards. (Article 7, Paragraph 1)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: The labourer shall exert the necessary protection efforts, and he shall undertake to utilize diligently any protection measures under his possession and to implement the relevant instructions stipulated for his safety, health and protection against injuries and occupational diseases.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 87)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: Each worker shall follow the preventive instructions and shall cooperate with the employer in using these instructions. The worker shall also use the preventive means and should not remove these means or modify them. The worker shall report to the employer or supervisor any malfunction of these means that could jeopardise the safety and health of others.
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 2, Article 24)
- 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: Each worker shall follow the preventive instructions and shall cooperate with the employer in using these instructions. The worker shall also use the preventive means and should not remove these means or modify them. The worker shall report to the employer or supervisor any malfunction of these means that could jeopardise the safety and health of others.
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 2, Article 24)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: Each employer or his representative shall explain to the worker the risks associated with the work.
  The employer shall explain to the worker before commencing work of the risks involved and the precautionary requirements.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 84)
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section II, Article 22)
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation:
- 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
    Summary / Citation: A worker has the right to terminate the work contract and receive his full entitlements if the continuation of the work will threaten his safety or health by a decision by the Medical Arbitration Committee at the Ministry of Health.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter III, Section III, Article 48)
8 Consultation, collaboration and co-operation with workers and their representatives
- 8.1 National OSH committee, commission, council or similar body
  Summary / Citation: Decree 42 of 1979 stipulates the creation of an standing committee of representatives from the Ministry of Social Affairs and Labour and the Ministry of Health with the objective of coordinating the work on occupational health and safety.
  • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Article 1)
  - 8.1.1 Objectives, roles and/or functions
    Summary / Citation: The objectives of the standing committee include:
    1.Setting a work plan to improve OSH standards.
    2.Setting an action plan to enforce implementation of OSH legislation.
    3. Conducting studies and research on OSH.
    4.Studying new decrees to enforce OSH regulations.
    5. Reviewing yearly progress reports.
    6.Proposing training programs inside and outside the country to promote OSH standards.
    • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 2)
  - 8.1.2 Constitution and chairmanship modalities
    Summary / Citation: The standing committee is chaired by a representative from the Ministry of Social Affairs and Labour and supported by a member from the Ministry of Health.
    • Ministerial Order No. 42, to establish a standing committee to co-ordinate the work of the Ministry of Social Affairs and Labour and the Ministry of Public Helath in connection with occupational health and safety. (Art. 1)
- 8.2 Employers’ duty to consult workers on risks
  No data available.
- 8.3 Workers’ right to select their representatives for health and safety matters
  No data available.
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    No data available.
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    No data available.
- 8.4 OSH representatives’ functions, rights and powers
  No data available.
  - 8.4.1 Right to inspect the workplace
    No data available.
  - 8.4.2 Right to access OSH information
    No data available.
  - 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
    No data available.
  - 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
  No data available.
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    No data available.
  - 8.6.2 Conditions for establishing a joint OSH committee
    No data available.
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    No data available.
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  No data available.
- 8.8 Protection against reprisals
  No data available.
- 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
  No data available.
- 9.2 Chemical hazards
  Sometimes.
  - 9.2.1 Handling, storage, labelling and use
    Yes.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Part II, Article 33)
    Related CEACR Comments
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2006
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    No data available.
    Related CEACR Comments
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2006
  - 9.2.3 Pesticides
    Yes.
    • Law No. 21 of 2009 approving the Pesticides Act in the countries of the Cooperation Council for the Arab States of the Gulf.
- 9.3 Ergonomic hazards
  No data available.
- 9.4 Physical hazards
  Sometimes.
  - 9.4.1 Ionising radiation
    Summary / Citation: Ionizing radiation may not be used or handed in any manner without a license obtained for the purpose from the Ministry of Public Health.The licensing conditions and procedures and the period of validity of the license shall be laid down by an executive decree of the Minister of Health.
    (§ 3)
    
    A commission to be called the Radiation Protection Commission shall be established in the Ministry of Public Health. It shall be constituted by an executive decree of the Minister of Public Health and shall have the following functions:
    1.To consider matters relating to radiation protection and to formulate the policy for its implementation.
    2.To approve the licenses stipulated under this law and to cancel, modify and suspend those licenses.
    3. To draft the regulations and decrees referred to in Sections 2,3,4 and 11 of this law.
    4. To make recommendations and proposals concerning legislation relating to radiation protection.
    (§ 6)
    
    The holder of a license to use or keep radiation devices or radioactive substances shall not allow any person to work with ionizing radiation or to perform any other work which may expose him to the hazards of ionizing radiation except after medical examination and special conditions and procedures to be laid down by an executive decree of the Minister of Public Health.
    Medical examinations shall be carried out periodically at intervals to be specified by the Competent Authority.
    (§ 11)
    
    If it is found that there are hazards to the health of a worker during the performance of his work or because of his work at a place where he may be exposed during his presence, the licensee shall not allow him to continue his work and he may not resume work in the radiation area without the approval of the Competent Authority.
    (§ 13)
    
    Persons using, working in the field of or in position of radiation instruments or radioactive materials at the
    time the law enters into effect, must apply to the Committee on Radiation Protection to acquire licenses
    stipulated in article 2, and 3 within 90 days of the date of the law in force. In cases where an application in not filed or filed and rejected within this period, the possession of these instruments or materials is
    considered without a license, and the applicable provisions shall be implemented.
    (§ 15)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards.
  - 9.4.2 Vibration and noise
    Summary / Citation: Vibrations and noise of machines shall be fixed in the proper way to minimize these vibrations and reduce risk of exposure of workers.
    
    The Order No. 45 governs lighting, noise, temperature, harmful substances, dust.
    • Order No. 45, to publish scales, standards and measures for safety at workplaces.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Part I Article 16)
  - 9.4.3 Working at height
    Yes.
    • Order No. 1/95 of 1995 to prescribe the safety conditions and requirements to be met for scaffolding.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 2, Article 36(b))
  - 9.4.4 Working in confined spaces
    No data available.
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
  - 9.4.6 Exposure to extreme temperatures
    Summary / Citation: Exposure to extreme temperatures shall be avoided and temperatures shall be set for comfortable operation as per normal standards. Temperature readings should be recorded at least once per shift.
    
    The Order No. 45 governs lighting, noise, temperature, harmful substances, dust.
    • Order No. 45, to publish scales, standards and measures for safety at workplaces.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 3, Article 44)
  - 9.4.7 Fire risks
    Summary / Citation: Buildings shall be made of incombustible materials and exits shall be wide enough to allow easy evacuation in case of fire.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 1, Art. 2, Art. 8)
  - 9.4.8 Tobacco
    Yes.
    • Decree 23 of 2012 on smoke-free places
  - 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
  No data available.
  - 9.5.1 Psychosocial risks
    No data available.
  - 9.5.2 Occupational violence
    No data available.
- 9.6 Other hazardous substances
  Summary / Citation: The Order No. 45 governs lighting, noise, temperature, harmful substances, dust.
  • Order No. 45, to publish scales, standards and measures for safety at workplaces.
  • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Part I, Article 15)
- 9.7 Machineries
  Sometimes.
  - 9.7.1 Risks related to machinery and tools
    Yes.
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 2, Articles 28 to 33)
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  - 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.
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    No data available.
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    No data available.
    Related CEACR Comments
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  - 9.7.5 Maintenance of machinery and equipment
    Summary / Citation: The employer shall take all the needed precautionary safety measures for securing the safety of his workers, machinery, equipment, and the circulated materials in the firm and the persons utilizing these materials against the work hazards.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 82)
    - 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: The pregnant woman shall be entitled to a paid maternity leave of seventy days which shall not be included within other leaves, provided that the delivery shall happen during this period.
    The employer, after the expiry of the maternity leave, may give a female labourer upon her request, a leave without salary for not more than four months to take care of her child. The employer shall not terminate the service of a female labourer while she is in her maternity leave or discontinue her joinin the work due to a sickness which shall be evidenced by a medical report that it is arising of pregnancy or delivery.
    It is also mentioned that women (in general) are prohibited to work in dangerous, hard or harmful to health trades and works.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 2, Section IV, Articles 23-24)
    Related CEACR Comments
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2006
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: The pregnant woman shall be entitled to a paid maternity leave of seventy days which shall not be included within other leaves, provided that the delivery shall happen during this period.
    The employer, after the expiry of the maternity leave, may give a female labourer upon her request, a leave without salary for not more than four months to take care of her child. The employer shall not terminate the service of a female labourer while she is in her maternity leave or discontinue her joinin the work due to a sickness which shall be evidenced by a medical report that it is arising of pregnancy or delivery.
    It mentioned that breast feeding women should be given 2 hours per day during official working hours to allow breast feeding in the terms and conditions determined by the Ministry's decision.
    It is also mentioned that women (in general) are prohibited to work in dangerous, hard or harmful to health trades and works.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter 2, Section IV, Articles 23-24)
    Related CEACR Comments
    • Benzene Convention, 1971 (No. 136) Observation 2015
    • Benzene Convention, 1971 (No. 136) Direct Request 2006
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: Women should not be employed at night between 10.00 PM to 7.00 Am except in hospitals, health centers, private treatment houses and other health institutions. Also, the employment of women in work or trade that is dangeous, hard or harmful to the health or against the public morals is prohibited.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Section I, Articles 22 and 23)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: Juveniles between the age of 15 and 18 may be employed by permission from the Minister under certain conditions. However, they should not be allowed in work and trades that are hazardous or harmful to their health. There are also limits concerning working hours and health examinations.
    (Law No. 6/2010 concerning Labour in the Private Sector, Section I , Articles 20-21)
    
    Moreover, no person under the age of 18 years shall be employed in any work in which he may be exposed to ionizing radiation.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 12)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Section I , Articles 20-21)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 12)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 2015
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2015
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: Every employer must keep occupational safety records according to specific forms, rules and regulations.
    
    The employer shall prepare and keep records of:
    a) Sick leaves,
    b) Injured workers,
    c) occupational diseases,
    d) routine medical examinations of workers who are exposed to occupational diseases.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Articles 80-81)
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 2, Article 26)
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: Every employer must keep occupational safety records according to specific forms, rules and regulations.
    
    The employer shall prepare and keep records of:
    a) Sick leaves,
    b) Injured workers,
    c) occupational diseases,
    d) routine medical examinations of workers who are exposed to occupational diseases.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Articles 80-81)
    • Ministerial Decree No. 22, respecting the safety precautions to be taken against occupational injury and disease. (Section 2, Article 26)
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: If a worker is injured during work or on his way to and from work, then the employer shall report the accident immediately upon its occurrence or promptly upon having knowledge thereof, as the case may be, to each of the following.
  A) The police station of the area.
  B) the labour department under whose jurisdiction the place of work is located.
  C) The public institution for Social Security or the insurance company where the worker is insured.
  
  The employer shall provide the Ministry of Health with statistical statements about work injuries accidents and occupational diseases that took place at his firm on periodic basis.
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter IV, Section IV, Article 90, Article 92)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2006
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: The Minister will assign competent inspectors who will have legal and judicial capacity to ensure the implementation of the labour law.
  (Law No. 6/2010 concerning Labour in the Private Sector, Chapter V, Section I, Article 133)
  
  Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. The employees have the right to enter establishments and locations where radiation instruments and radioactive materials, records, or documents, are present. They also have the right to review records, and take needed measures to verify the implementation of the provision of this law and its executive decisions. Employees have the right to file reports pertaining to crimes in violation of the provisions of this law, and refer them to the authorities. They may also ask for the aide of the police according to the situation.
  (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 14)
  • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VSection I, Article 133)
  • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 14)
- 11.2 OSH inspectors’ powers
  Sometimes.
  - 11.2.1 Power to enter workplaces
    Summary / Citation: The inspectors have the power to enter work places during official working hours, and have access to all books and records,and request any data or information related to manpower affairs.
    (Law No. 6/2010 concerning Labour in the Private Sector, Chapter VI,Section I, Article 134)
    
    Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. The employees have the right to enter establishments and locations where radiation instruments and radioactive materials, records, or documents, are present.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 14)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI,Section I, Article 134)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 14)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2006
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: The inspectors have the right to enter work places during official working hours, and have access to all books and records, and request any data or information related to workers. Also they shall have the right to check and take samples of the circulated materials for analysis purposes.
    (Law No. 6/2010 concerning Labour in the Private Sector, Chapter VI,Section I, Article 134)
    
    Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. The employees have the right to enter establishments and locations where radiation instruments and radioactive materials, records, or documents, are present. They also have the right to review records, and take needed measures to verify the implementation of the provision of this law and its executive decisions.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 14)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 14)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2006
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.2.3 Power to investigate
    Summary / Citation: The inspectors have the right to enter work places during official working hours, and have access to all books and records, and request any data or information related to workers. Also they shall have the right to check and take samples of the circulated materials for analysis purposes.
    (Law No. 6/2010 concerning Labour in the Private Sector, Chapter VI,Section I, Article 134)
    
    Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. The employees have the right to enter establishments and locations where radiation instruments and radioactive materials, records, or documents, are present. They also have the right to review records, and take needed measures to verify the implementation of the provision of this law and its executive decisions.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 14)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 14)
  - 11.2.4 Duty to provide advice on OSH
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2006
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
- 11.3 OSH inspectors’ enforcement powers
  Sometimes.
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: The inspectors have the power to prepare minutes on the contraventions committed by the employer and grant them the necessary period for rectifying the committed contravention.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134, Article 136)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2006
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: Inspectors have the right to refer the prepared minutes on such contraventions to the competent court so as to impose the punishment provided for in this law.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    Summary / Citation: Inspectors have the power to issue reports of contraventions to the minister who will have the power to issue a resolution on the lockout of the business concern, totally or partially, or to stop the use of a certain(s) machine(s) until the rectification of such contravention.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 135)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2006
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: Inspectors have the power to issue reports of contraventions to the minister who will have the power to issue a resolution on the lockout of the business concern, totally or partially, or to stop the use of a certain(s) machine(s) until the rectification of such contravention.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 135)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2006
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2014
  - 11.3.5 Power to initiate prosecutions
    Summary / Citation: Inspectors have the right to refer the prepared minutes on such contraventions to the competent court so as to impose the punishment provided for in this law.
    (Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
    
    Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. Employees have the right to file reports pertaining to crimes in violation of the provisions of this law, and refer them to the authorities. They may also ask for the aide of the police according to the situation.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 14)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 14)
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: Inspectors have the right to refer the prepared minutes on such contraventions to the competent court so as to impose the punishment provided for in this law.
    (Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
    
    Employees delegated by the Minister shall undertake the supervision and inspection work according to the provisions of this law. They may ask for the aide of the police according to the situation.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 14)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 14)
- 11.4 Application of sanctions by courts
  Sometimes.
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: If the contravention is not rectified or remedied within the prescribed period, the violating party shall be punished by a penalty of not less than KD 100/ (339$ approx.) and not more than KD 200 (678$ approx)/ per every labourer against whom the penalty is committed. In the event of repetitions, within three years from the date of the final judgement, the penalty should be doubled.
    (Law No. 6/2010 concerning Labour in the Private Sector, Chapter VI, Section 2, Article 141)
    
    Without violation of tougher punishment stipulated by another law, violation of the provisions of articles 2,3,4, and 8 of this law is punishable by an imprisonment period not exceeding 3 years and a fine of not less than 100KD (339USD approx.), and not exceeding 225KD (763 USD approx.) or by one of these two sentences. The same sentence is applicable to any one preventing specialized employees from performing their duties stipulated in this law. Violation of articles 5,11,12, and 13 of this law, and its executive decisions is punishable by an imprisonment period of 3 months, and a fine not exceeding 200KD (678 USD approx.) or one of these two sentences.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 17)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section 2, Article 141)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 17)
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: If the contravention is not rectified or remedied within the prescribed period, the violating party shall be punished by a penalty of not less than KD 100/ (339$ approx.) and not more than KD 200 (678$ approx)/ per every labourer against whom the penalty is committed. In the event of repetitions, within three years from the date of the final judgement, the penalty should be doubled.
    (Law No. 6/2010 concerning Labour in the Private Sector, Chapter VI, Section 2, Article 141)
    
    Without violation of tougher punishment stipulated by another law, violation of the provisions of articles 2,3,4, and 8 of this law is punishable by an imprisonment period not exceeding 3 years and a fine of not less than 100KD (339USD approx.), and not exceeding 225KD (763 USD approx.) or by one of these two sentences. The same sentence is applicable to any one preventing specialized employees from performing their duties stipulated in this law. Violation of articles 5,11,12, and 13 of this law, and its executive decisions is punishable by an imprisonment period of 3 months, and a fine not exceeding 200KD (678 USD approx.) or one of these two sentences.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 17)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section 2, Article 141)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 17)
  - 11.4.3 Non-financial sanctions
    Summary / Citation: Inspectors have the power to issue reports of contraventions to the minister who will have the power to issue a resolution on the lockout of the business concern, totally or partially, or to stop the use of a certain(s) machine(s) until the rectification of such contravention.
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section I, Article 134)
  - 11.4.4 Criminal liability
    Yes.
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: Whoever violates the order of suspension of operations or closure issued for not meeting the deadline for fixing issues ordered by the inspectors shall be imprisoned for a period not exceeding 6 months.
    
    Without violation of tougher punishment stipulated by another law, violation of the provisions of articles 2,3,4, and 8 of this law is punishable by an imprisonment period not exceeding 3 years and a fine of not less than 100KD (339USD approx.), and not exceeding 225KD (763 USD approx.) or by one of these two sentences. The same sentence is applicable to any one preventing specialized employees from performing their duties stipulated in this law. Violation of articles 5,11,12, and 13 of this law, and its executive decisions is punishable by an imprisonment period of 3 months, and a fine not exceeding 200KD (678 USD approx.) or one of these two sentences.
    (Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards, § 17)
    • Law No. 6/2010 concerning Labour in the Private Sector. (Chapter VI, Section 2, Article 142)
    • Decree No. 131 of 1977 on the control and use of ionizing radiation and protection from hazards. (§ 17)

Kuwait - 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