Health, Safety and Environmental Legal Aspects in

Construction Contracts
Doha, 3rd December 2013

Melina LLODRA, Counsel

Ramy SALEH, Senior Associate

LALIVE GENEVA
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PO Box 6569
1211 Geneva 6
Switzerland
TEL. +41 22 319 87 00

LALIVE ZURICH
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TEL. + 41 44 319 80 00

LALIVE IN QATAR L.L.C

PO Box 23495
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Diplomatic Area, West Bay
Doha, Qatar
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

Labour law: Employers 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).

Labour law: Sanctions for noncompliance of employers duites

Fines
Closure of facilities
Imprisonment

depending on nature of violation and number of

workers affected

Labour law: Employees 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 employees violation of H&S rules / gross
negligence (art. 111.3)

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.
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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
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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.
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H&S developments in 2013

H&S seminars, trainings
Order preventing working hours 11.303pm in summer
Health camp organized by Supreme Council
of Health
QF mandatory standards of Migrant Workers
Welfare (section 17)
Workers Charter for Qatar 2022

Decision Minister Labour and Social Affairs to amend

inspection procedure: inspections at any time
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Envisioned H&S developments

Draft on
occupational
H&S law

QCS 2013
by end of
year

Further
training
More
inspections
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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
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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
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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

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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

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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

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

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

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

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
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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 effective
environmental management
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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

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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

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

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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

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