Health and Safety in Oman

What is the main legislation governing health and safety in Oman?

Generally, the laws concerning health and safety in Oman are contained in:

(i) Royal Decree 35/2003 promulgating the Oman Labour Law; and

(ii) Ministerial Decision 286/2008 – the Regulation of Occupational Safety and Health for the Establishments.

Are there any material differences between health and safety legislation in Oman and other major jurisdictions?

There are no material differences. Oman’s health and safety regime is similar to other jurisdictions.

What are the main bodies responsible for health and safety monitoring, regulation and prosecution in Oman?

What are their key powers?

The main body responsible for health and safety monitoring in Oman is the Ministry of Manpower, and its various departments including the Department of Vocational Safety and Health (the “Department”).

The Ministry of Manpower has a number of powers with regard to health and safety, including the power to:

• investigate any breach;
• impose penalties on entities in breach of the Law;
• take necessary measures for the closure of the place of work, fully or partially, or the suspension of the use of equipment until it is satisfied that the causes of the risk have disappeared; and
• refer violations to the Royal Oman Police.

Following an accident or a fatality - what reporting is required? What investigations may follow?

The owner of an enterprise must notify the Directorate General of Labour Welfare at the Department in writing within 24 hours of any major incident taking place and of every industrial accident or vocational disease that has been established. The owner must also notify the Public Authority for Social Insurance of any industrial accident involving workers with relevant insurance cover.

What are the core health and safety records that companies must keep?

The core health and safety records that a company is required to keep will depend upon the nature of the work it is undertaking, for example:

(i) if a company uses scaffolding for the purpose of building, the scaffolding must be installed by a competent person who shall test them at least once every week and the test must be recorded in a special register maintained for such purpose;

(ii) regarding the use of boilers and steam and air stores, the boilers must be tested every 12 months and the steam and air stores every 24 months by a competent technician and a special register shall be maintained to record the date of the test and the technician’s name and remarks;

(iii) regarding the use of chemical substances, a special register shall be opened for hazardous chemical substances to immediately record information related to the safety of their circulation and use and the movement of such substances;

(iv) where relevant, equipment for measuring chemical agents in the work environment shall be provided according to the nature of the business conducted; necessary periodical measurements must be taken, recorded in a special register and compared periodically to ascertain that they are within the secure limits fixed by the competent authorities; and

(v) fire devices must also be tested at least once every six months by a specialist and recorded in a special register.

What are the obligations of an employer to report health and safety breaches?

The owner of an enterprise employing 50 or more workers must provide the Department with periodical statistics on major incidents, industrial accidents and vocational diseases that have occurred. The statistics must be submitted in the months of January and July of each year.

Additionally, the owner of an enterprise must notify the Department or the section in writing within 24 hours of every major incident taking place in the enterprise, every industrial accident or vocational disease that has been established. He must notify the Public Authority for Social Insurance of an industrial accident involving workers carrying insurance cover.

Are there any specific rules governing working time?

Workers must not work on construction sites or open uncovered areas of high temperatures between the hours of 12.30 pm to 3.30 pm throughout the months of June, July and August, subject to certain exemptions to those establishments providing essential public services.

What are the potential penalties an employer may face for breach?

With regard to any breach or alleged breach of any law regarding health and safety, inspectors have authority to take the following measures:

(i) issue the necessary orders for rectification within a specified period of time; and

(ii) immediately suspend work fully or partly, or require discontinuation of the operation of one or more machines in cases of an imminent danger, including seeking the assistance of the Royal Oman Police, if required.

The law also provides for penalties for violation of industrial security. In the event of a violation relating to industrial security, without prejudice to a harsher punishment stipulated in Oman Labour Law or any other law, an employer or his representative shall be penalized by a minimum fine of OMR 100 and a maximum of OMR 500 and/or imprisonment for a period not exceeding one month. The penalty can be doubled for repeat offences.

Are there any specific rules regarding health and safety in different work areas?

Further to the above, there are specific rules regarding health and safety in relation to the following:

• working in extreme temperatures;
• working at heights;
• working in confined spaces;
• working with dangerous substances, radiation and chemicals;
• manual handling of heavy goods;
• noise, vibration and lighting;
• equipment and machinery; and
• transportation of dangerous goods and substances.