Health, Safety and Environmental Legal Aspects in Construction Contracts

Transcription

1 Health, Safety and Environmental Legal Aspects in Construction Contracts Doha, 3 rd 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 PO Box 6569 QFC Tower Geneva Zurich Diplomatic Area, West Bay Switzerland Switzerland Doha, Qatar TEL TEL TEL

2 Outline About LALIVE Health & Safety Environmental Q&A

3 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

4 Health & Safety in Construction Manhattan, 1932

5 Health & Safety in Construction Manhattan, 2012

6 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

7 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

8 Labour law: Sanctions for noncompliance of employer s duites Fines Closure of facilities Imprisonment depending on nature of violation and number of workers affected 8

9 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 ) 9

10 Qatar National Construction Specifications 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

11 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

12 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

13 H&S developments in 2013 H&S seminars, trainings Order preventing working hours pm in summer Health camp organized by Supreme Council of Health QF mandatory standards of Migrant Workers Welfare (section 17) Worker s Charter for Qatar 2022 Decision Minister Labour and Social Affairs to amend inspection procedure: inspections at any time 13

14 Envisioned H&S developments Draft on occupational H&S law QCS 2013 by end of year More inspections Further training 14

15 Potential liabilities Employees Consortium member Sub-contractors, consultants Third parties at site

16 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

17 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

18 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

19 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

20 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

21 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

22 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

23 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

24 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

25 Qatar Green Initiatives Qatar National Development Strategy Qatar National Vision 2030 International Conventions/Agreements 25

26 Qatar Green Initiatives - Qatar National Development Strategy 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

27 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

28 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

29 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

30 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

31 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

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