Saudi Gazette report

RIYADH — Officials from the Ministry of Human Resources and Social Development (MHRSD) can conduct repeated workplace inspections in the event of a high rate of Labor Law violations. This provision is among the executive regulations governing labor inspections, approved by the ministry.

Regarding violations, an electronic warning shall be sent to the company or establishment to correct the situation within three working days in the event of a serious violation. The violation is recorded and a report is issued in accordance with the form approved by the ministry. If the statement is not submitted or the situation is not corrected within the specified period, a report will be issued against the firm, with the penalties imposed as per the schedule of violations.

The employers or their representative is also required to provide the necessary information regarding the violation via the ministry's official email within three working days of the notification date. If the information is not provided within the specified period, the violation will be considered complete, and the necessary legal action will be taken against the facility. The regulation emphasizes the importance of effective communication between the competent authorities and employers to ensure prompt resolution of any violations.

The regulations grant officials the right to inspect machines and installations at workplace to ensure safe operation. This includes providing the necessary preventative and health measures for workers, and verifying the availability of equipment that meet safety requirements and protect against occupational hazards.

According to the regulations, the inspector must be a Saudi and hold a university degree or at least two years of experience. They must also complete a sufficient period of training before undertaking inspection duties. They must also sign a pledge stating their commitment to performing their duties and maintaining the confidentiality of information, data, industrial and commercial secrets, and work methods, both before and after assuming their duties.

An inspector may not be replaced, dismissed, or assigned additional work outside of their supervisory duties, except by a decision from the deputy minister or his authorized representative. The additional work must not conflict with their primary duties and must not compromise the inspector's authority or their relationship with employers and workers.

The regulations also stipulate that labor inspectors must carry an official accreditation card proving their status, issued by the ministry or the authorized entity. They must present it when performing their inspection duties and return it upon leaving their field of work. The ministry takes the necessary arrangements to ensure the efficient performance of inspectors by providing a sufficient number of inspectors and providing them with the necessary tools and equipment to perform their duties as required.

Inspection visits are carefully organized to ensure that production and service operations operate legally and safely. Entry is permitted to all workplaces subject to inspection during any working hours, regardless of whether the employer or their representative is present. However, this procedure requires prior notification of the inspection visit, unless there is an emergency requiring immediate intervention.

The regulations stipulate that the competent authority may inspect records, papers, books, and files related to work activities, in addition to obtaining electronic or paper copies of work-related documents. It also ensures that these activities comply with the requirements stipulated in the Labor Law and the regulations in addition to the decisions issued pursuant to the provisions.

The regulations emphasized the importance of protecting the rights of employers and workers during the inspection process. Administrative orders are only issued after clear violations have been verified. The employer, their representative, or the workers themselves shall be notified of any violations, giving them the opportunity to appear and defend themselves. It is required to adhere to legal requirements and provide all required documents to ensure full compliance with relevant rules and regulations.

The inspection must cover all parts of the facility, including occupational health and safety elements, without restricting to specific aspects.