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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 affected8



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 workmen11



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 andvisitors

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

Furthertraining



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




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




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




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




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 andmore & residential compounds – build-up

areas of 20,000m2 or more24



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 effectiveenvironmental 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 andFemale 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

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