Last week we looked briefly at how workplace injuries may be defined, and the obligations stemming from them. Now let’s look more broadly at the requirements placed on both employers and employees.
Labor law obliges every employer to take the necessary precautions to protect workers from any dangers and diseases caused by work. Safety instructions for staff must be displayed clearly and visibly in the workplace, in Arabic and in any other language that workers understand.
An employer may not charge workers, or deduct funds from their wages, for providing workplace protection, including equipment to prevent or fight fire.
The employer must tell the employee before he starts about any risks or dangers inherent in the work, supply the appropriate personal protection clothing and equipment, and train staff to use it.
The responsibility of the employer also extends to emergencies and accidents that affect non-employees who have authorized access to the workplace. If any injury is caused by the business owner’s negligence, they must compensate anyone who suffers harm.
If an employee is injured before joining his current employer, any responsibility attached to the former employer will be determined by a medical report. Compensation will be calculated according to the period spent by the injured worker in each employer’s service, provided the injuries may be attributed to the nature of the work.
An employer is exempt from responsibility for the treatment and compensation of an injured worker if the employee intentionally injures himself, if the injury is a result of deliberate misconduct by the worker, or the worker refuses to accept treatment by the assigned doctor without a legitimate reason.
The law also requires employees to maintain and use safety equipment and clothing, and follow instructions to protect their health and safety. They must refrain from any act that results in failure to implement the instructions, in misuse of health and safety equipment, or in disruption of other workers.
The state’s determination to enforce these requirements is reflected in the social insurance law. Employers are required to pay 2 percent of each worker’s wages in insurance against occupational hazards, a premium that may be doubled if employers refuse to implement health and safety instructions. If an employee is injured, the responsibility is thus automatically transferred from the employer to the General Organization for Social Insurance.
Health and safety in the workplace is a joint responsibility. Employees should familiarize themselves with their rights, without forgetting that employers have rights too.
• Dimah Talal Alsharif is a Saudi lawyer and legal consultant. Twitter: @dimah_alsharif
