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Health, Safety and Environmental Legal Aspects in Construction Contracts Doha, 3rd December 2013
Melina LLODRA, Counsel Ramy SALEH, Senior Associate
LALIVE – GENEVA LALIVE – ZURICH LALIVE IN QATAR L.L.C
Rue de la Mairie 35 Löwenstrasse 2 PO Box 23495 PO Box 6569 QFC Tower 1 1211 Geneva 6 8001 Zurich Diplomatic Area, West Bay Switzerland Switzerland Doha, Qatar TEL. +41 22 319 87 00 TEL. + 41 44 319 80 00 TEL. + 974 44 96 72 47
Outline
About LALIVE
Health & Safety
Environmental
Q&A
About LALIVE
Independent law firm, renowned international practice
Offices in Geneva, Zurich and Doha (Lalive in Qatar LLC)
Civil and common law
18 different nationalities
17 languages spoken
Able to advise on more than 12 jurisdictions
Health & Safety in Construction
Manhattan, 1932
Health & Safety in Construction
Manhattan, 2012
Legal Framework in Qatar
Labour Law No. 14 (2004) as amended
Environmental Law No. 30 (2002)
Qatar National Construction Specifications 2010 (Section 11)
Civil Defense Law No. 13 (1997) as amended
Several Ministerial Resolutions
International Labour Organization - 5 conventions ratified by Qatar
6
Labour law: Employer’s duties
Information about occupational hazards - H&S instructions (art. 99)
Precautionary measures (art. 100)
Hygiene and good ventilation in workplace (art. 103)
First-aid facilities and regular medical check-ups; appoint full-time nurse (+100 workers); establish clinic with physician and nurse (+500 workers) (arts 104 and 105).
7
Labour law: Sanctions for non-
compliance of employer’s duites
Fines
Closure of facilities
Imprisonment
depending on nature of violation and number of
workers affected
8
Labour law: Employee’s duties
Use protection equipment and uniforms
provided by employer
Respect applicable health and safety rules
(art. 101)
Dismissal if violation (more than once) of
safety regulations (art. 61.3)
No wage / compensation if accident caused
by employee’s violation of H&S rules / gross
negligence (art. 111.3)
9
Qatar National Construction
Specifications 2010 - Section 11, Part 1
Contractor must ensure, so far as reasonbly
practicable, health, safety and welfare at work of all
their employees
Employees must (i) exercise reasonable care for H&S
of themselves or others; (ii) cooperate with
contractor to enable him to carry out his duties in
H&S matters.
10
Qatar National Construction Specifications 2010
Section 1 – Part 10
Occupational Health & Safety plan
Special safety precautions
First Aid
Fire precaution & prevention
Safety of public
Welfare of workmen 11
Ministerial Resolutions of Minister of
Civil Service and Housing Affairs
No. 16 of 2005: medical care of workers
No. 17 of 2005: conditions of workers’ residences
No. 18 of 2005: work injuries, occupational diseases and reporting procedure
No. 19 of 2005: periodic medical examination for workers exposed to occupational disease risks
No. 20 of 2005: necessary precautions and requirements to protect workers, operators and visitors
No. 16 of 2007: working hours in open places during summer.
12
H&S developments in 2013
13
Decision Minister Labour and Social Affairs to amend
inspection procedure: inspections at any time
Worker’s Charter for Qatar 2022
QF mandatory standards of Migrant Workers’
Welfare (section 17)
Health camp organized by Supreme Council
of Health
Order preventing working hours 11.30-
3pm in summer
H&S seminars, trainings
Envisioned H&S developments
14
Draft on
occupational
H&S law QCS 2013
by end of
year
More
inspections
Further
training
Potential liabilities
Employees
Consortium member
Sub-contractors, consultants
Third parties at site
Environmental Legal Aspect in
Construction Contracts - Outline
Eco-Introduction of Qatar
Eco-Vision of Qatar
Green Building Code
Qatar Green Initiatives
“Green” obligations in construction contracts
Eco-Conclusion
16
Eco-Introduction of Qatar
Qatar is a peninsula, about 180 km
long and 85 km wide covering a
land area of 11,437 sq. Km,
surrounded on three sides by the
waters of the Arabian Gulf
Qatar is classified as a hot
subtropical desert. It has no rivers
or lakes
17
Eco-Vision of Qatar – Ministry of
Environment
Balance between the social and
economic development needs
and protecting the environment
Ensure the quality of
environmental health and safety
Propose and develop policies and
legislations to protect the
environment
18
Eco-Vision – Qatari Environmental
Legislation
Law by Decree No. 30 of 2002 promulgating
the Environmental Protection Law
Executive By-Law for the Environmental
Protection Law
19
Eco-Vision – Qatari Environmental
Legislation
Environmental Protection Law outlines the basis of
the current protection policy in Qatar
Contains objectives for the environmental
protection and sustainable development
States the undertaking and Environmental Impact
Assessment for development Projects
20
Eco-Vision – Qatari Environmental
Legislation
Requires contingency plan for environmental
disasters
Details proposals for hazardous waste
disposal/treatment
Details a penalty system for enforcement of
the law
21
Eco-Vision – Green Building Code
It was introduced under Qatar Construction
Standards 2010 (QCS 2010)
To promote environmentally and
economically sound design and development
techniques in order to design buildings and
infrastructure that are sustainable, healthy
and affordable
22
Eco-Vision – Green Building Code
It incorporates Qatar Sustainability
Assessment System (QSAS)
QSAS is divided to eight sustainable
categories and sets of criteria, each with a
direct impact on environmental stress
mitigation and certain environmental-related
factors
23
Eco-Vision – Green Building Code
Categories of building schemes that are
subject to the QSAS include (neighborhood,
commercial, core & shell, residential, schools,
mosques, hotels, light industries and sports
facilities
Types of buildings covered commercial
buildings – build-up areas of 10,000m2 and
more & residential compounds – build-up
areas of 20,000m2 or more 24
Qatar Green Initiatives
Qatar National Development Strategy 2011 -
2016
Qatar National Vision 2030
International Conventions/Agreements
25
Qatar Green Initiatives - Qatar National
Development Strategy 2011 -2016
Improve air quality management, establish a
solid waste management plan, sound social
development
Cleaner water and sustainable use, more
recycling, governance for effective
environmental management
26
Qatar Green Initiatives - Qatar National
Vision 2030
One of the four pillars of QNV 2030 for the
management of the environment such that
there is harmony between economic growth,
social development and environmental
protection
To reach a balance between development
needs and protecting the Environment
27
Qatar Green Initiatives - International
Environment Agreements
Basel Convention
Convention of Biological Diversity
Rotterdam Convention
United Nations Framework Convention on
Climate Change
World Heritage Convention
28
Qatar Green Initiatives - Latest Updates
Ministry of Environment workshop on construction waste management
Participation in the United Nations Climate Change Conference held in
Warsaw 2013
Qatar Foundation “Green” initiative for its highly sustainable Male and
Female Student Housing Project
Qatar Environment & Energy Research Institute – member of Qatar
Foundation
Qatar University has signed a MOU with Sasol for a three year project
that will advance research in the use of amines for CO2 capture from flu
gases
29
Green Obligation in Construction Contracts
Contractor must comply with all environmental
protection legislation relevant to the work under the
Contract, including environmental policies and
procedures identified by the Employer
Contractor is required to prepare EIA study
Contractor is obliged to obtain environmental
permit prior to initiation of
construction/commencement of new projects
No Claims to make by Contractor to comply with
Environmental Requirement
30
Eco-Conclusion
Raising awareness
It the responsibility of everyone
We need to care for our natural environment for it was
entrusted to us by God to use with responsibility and
respect for the benefit of human kind. If we nurture
our environment, it will nurture us
31