PART SEVEN
Employment of Workers in Mines and Quarries
Article (91)
For the application of the provisions of this Part, the mine and quarry industries
shall mean:
- The operations relating to the search or exploration of mineral and hydrocarbon
materials or their extraction in the area where a licence has been issued therefore
whether they are in solid or liquid state.
- The operations relating to the extraction or refinement or manufacture of deposits
of mineral materials which are existing on or under the surface of the earth at
area of the licence or the contract or in places which are distant from residential
areas. The places which are distant from residential areas shall be specified by
a decision of the Minister in consultation with relevant authorities.
- The construction works and installation of equipment accompanying the aforesaid
operations.
Article (92)
The employer shall not allow any worker to work in any of the operations to which
this part is applicable unless his medical fitness to work therein is confirmed
after a medical examination . Such medical examination shall be in accordance with
the circumstances and conditions to be determined by a decision of the Minister
in consultation with the Minister of Health. If such worker is one of the workers
who work below the ground or in puncturing works, the decision shall provide that
the medical examination of the worker shall be carried out periodically at least
once a year.
The medical examination of the worker shall also be carried out in the event of
termination of the contract of service in order to ascertain the worker’s condition
and to get informed of whether he has contracted an occupational disease.
Article (93)
The entry to the work places and the annexes thereto is prohibited except for the
workers or the officials who are designated for the inspection of the Mine and the
Quarry, and the persons who are holding permission from the competent governmental
authority, or the management of the establishment.
The worker is also prohibited to enter the work places and the annexes thereto without
permission during non-working hours.
Article (94)
Every employer shall prepare a special register for recording and counting the workers
before their entry to the work places and when they leave.
Article (95)
The workers shall not be allowed to stay at the work places whether on or under
the surface of the earth for a period exceeding eight hours a day. Such period shall
include the time spent by the worker to reach the work place under the ground, as
well as, the time he spends to return to the surface of the earth.
The working hours shall be separated by one or more intervals for taking food which
shall not be less than one hour altogether.
Article (96)
The provisions of Section (95) may exceptionally be not complied with if the work
is intended to prevent the occurrence of an accident or for the avoidance of danger
or to repair any damage resulting therefrom, or for the purpose of preparations
or maintenance in accordance with the following conditions:
- that the relevant directorate is notified within twenty four hours of the information
relating to the emergency and the period needed for completion of the work and the
number of workers required to execute it;
- that the worker is granted an additional wage in the amount of the wage he is entitled
to for overtime in addition to at least 50% if the work is required to be done after
6 am and 100% if the work is required to be done after 6 pm, but if the work is
required to be done during the weekly days of rest or the public holidays, a payment
in the amount of the wage payable to the worker for an additional hour shall be
made for each hour in addition to 100% thereof and all that shall be in addition
to the wage payable for the same day.
Article (97)
In the calculation of the ordinary leave as provided in Section (61) there shall
be taken into consideration that such leave commences from the time the worker,
in mines and quarries, arrives at the nearest city where there are public transports
to his home town, and expires upon his return thereto.
Article (98)
The employer or his representative shall display in a conspicuous place at the work
place the regulations on measures of safety and occupational health.
Article (99)
The manager of a mine or quarry or his representative shall:
- Issue the daily orders relating to safety and occupational health.
- Prevent the presence of workers in the blast area except after the danger has
elapsed.
- Not to permit the use of lamps other than safety lamps in the places that contain
gases which are inflammable or are likely to cause a blast.
- Supply the workers with protective clothes and equipment.
- Regulate the ventilation and degree of temperature whether naturally or artificially.
- Inspect the work place daily before starting the work and convey his observations
to the chief in charge to carry them out forthwith.
- Carry out inspection in the course of work at least once a week and prepare a
report stating therein the date and hour of inspection, the extent of the number
of workers, level of harmful gases, condition of the props, sides, roof, barriers,
lighting signals, ventilation and the means of medical aid. A full summary of these
reports shall be recorded in a special register to be prepared for such purpose.
Article (100)
The employer or his representative shall establish a front rescue point near the
place of work which shall be equipped with the essential rescue equipment and the
necessary first aid kit and there shall be inside the place a suitable communication
facility which can be used instantly and a trained medical worker shall be appointed
to supervise the rescue and first aid operations.
Article (101)
The employer shall set apart, in each mine or quarry wherein at least fifty workers
perform work, a suitable place containing a room equipped with rescue equipment
and first aid kit and another room for nursing in addition to one or more rooms
for dressing.
Mines and quarries where the workers therein are less than fifty workers and fall
within circles the diameter of which reaches twenty kilometers they shall contribute
to the establishment of a place for rescue and aid located in a central site.
Without prejudice to the provisions of Section (33), the rescue and aid equipment
shall be specified by a decision of the Minister.
Article (102)
The drinking water shall be kept in special containers tightly closed up to avoid
contamination and shall be placed near the reach of the workers and changed daily
and the containers shall be decontaminated at least twice a week in a manner hygienically
approved.
Article (103)
The employer undertakes in respect of the workers who perform such works as are
set out in Section (91):
- To provide suitable lodgings for the workers. The conditions and specifications
of such lodgings shall be determined by a decision of the Minister in consultation
with the competent governmental authorities;
- To provide his workers with three meals a day in restaurants to be established
by him for this purpose which shall be clean and satisfying the health conditions.
The nature and quantity of food for each meal shall be specified by a decision of
the Minister in consultation with the Minister of Health. If all or part of the
meals are provided to the workers inside the mines, they shall be presented to the
worker packed in a healthy manner or in tightly sealed containers. Provision of
meals shall not be waived in consideration of any payment of financial allowance;
- To supervise the cleaning inside the place of work, the lodging area and the
worker’s water closets without any additional expenses to be incurred by the workers
in this regard.
The Minister may by a decision to be issued by him specify the areas from which
the workers may return back to their homes.
