Occupational Safety and Health in the Egyptian Factories:

Employer’s Obligations According to the Law

Occupational safety and health are the cornerstone of building a productive and sustainable work environment, especially in the industrial sector, which witnesses direct interaction between man and machine, and potentially hazardous working conditions. In this context, the Egyptian Labor Law pays great attention to defining the responsibilities of employers in factories to ensure the safety and health of workers and protect them from potential hazards. This article highlights the role and legal obligations of the factory owner based on the provisions of the Egyptian Labor Law and its recently adopted amendments.

The role of the factory owner in providing a safe working environment:

The factory owner has a primary responsibility to provide a safe and healthy working environment for all workers. This role is not limited to mere formal compliance with laws and regulations, but extends to adopting a comprehensive preventive culture that prioritizes worker safety.

This role includes:

• Risk assessment: Conducting a comprehensive and periodic assessment of potential risks in all departments and production processes, and identifying the necessary measures to reduce or eliminate these risks.
• Providing means of protection: Provide collective and personal protective means appropriate to the nature of the work and the existing hazards, and ensure their maintenance and suitability for use.
• Develop and implement safety policies and procedures: Develop and implement clear, written occupational safety and health policies and procedures, communicate them to all employees and ensure that they are followed.
• Training and awareness: Provide periodic training programs for workers on the basics of occupational safety and health, how to use protective equipment, and how to deal with emergencies.
• Monitoring and evaluation: Continuously monitor the implementation of safety procedures, evaluate their effectiveness, and make necessary adjustments to improve the level of safety in the work environment.
• Accident Response: Developing clear plans to deal with work accidents and injuries, providing the necessary first aid, and investigating the causes of accidents to prevent their recurrence.

Egyptian labor law texts on occupational safety and health:

The Egyptian Labor Law No. 12 of 2003 and its amendments pay special attention to ensuring the safety and health of workers in factories, as it includes several articles that outline employers’ obligations in detail.

For example, Article )246( stipulates that the employer must take all necessary precautions and measures to provide a safe and healthy working environment and prevent various physical hazards such as heat and cold, noise and vibration, inappropriate lighting, harmful radiation, changes in atmospheric pressure, and explosion hazards.

Similarly, Article (247) emphasizes the obligation of the establishment and its branches to take the necessary preventive measures to secure the work environment from engineering hazards, whether mechanical, electrical, or related to construction and building works and the harmonization between the worker and the work environment. This includes, in particular, risks arising from lifting and traction equipment, means of transportation, excavation, collapse and fall, as well as electrical hazards.

In the context of preventing biological hazards, Article (248) requires establishments to take means and methods to protect workers from the risk of infection with bacteria, viruses, and other biological hazards to which they may be exposed by the nature of their work, such as those working in the health sectors and dealing with animals and medical and veterinary waste.

As for dealing with chemicals, Article (249) is devoted to specifying the obligations of the establishment to provide occupational safety and health means to secure the work environment from solid, liquid and gaseous chemical hazards. These obligations include not exceeding the maximum permissible limits for dealing with these substances, providing the necessary precautions when handling, transporting, storing, using and disposing of their wastes, in addition to keeping detailed records of these substances and training workers on ways to safely handle them.

Article (250) obliges establishments to provide means of prevention of risks arising from the lack of rescue, ambulance, cleanliness and order in workplaces, and to ensure that food and beverage workers obtain the necessary health certificates. Article (251) requires establishments to take the necessary precautions to prevent fire hazards as determined by the competent authorities at the Ministry of Interior, and Article (252) emphasizes the provision of safety means in confined and closed spaces.

In the context of emergency preparedness, Article (253) requires establishments to conduct an assessment and analysis of potential risks and disasters and prepare emergency plans to protect workers and the establishment, with the need to test the effectiveness of these plans, train workers on them, and inform the competent administrative authorities. It also gives workers the right to leave the workplace in the event of an imminent danger that threatens their health or life without accountability.

Finally, Article (254) emphasizes the obligation of establishments to provide a safe working environment free from harassment, bullying, and violence, and to provide the means to prevent them. It should be noted that Article (255) authorizes the competent minister to issue decrees specifying safety rules and standards, safety limits, and requirements to prevent hazards.

In addition to the Labor Law, there are many ministerial decisions and regulations that detail and clarify specific aspects of occupational safety and health in various industries.

Obligations of factories to provide protective equipment and periodic training:

Providing personal protective equipment (PPE) and periodic training for workers is one of the central obligations imposed by the Egyptian Labor Law on factory owners to ensure the safety and health of workers. Therefore, these obligations are summarized in the following points:

1. Provide appropriate equipment: The factory owner must provide all necessary personal protective equipment appropriate to the nature of the work and the potential hazards of each job.
2. Ensure the quality and validity of the equipment: Ensure that the equipment provided conforms to the standard specifications, is fit for use, and is regularly maintained.
3. Training for use: The employer is obligated to provide comprehensive training programs for workers on how to use protective equipment correctly and effectively, and how to inspect and care for it.
4. Awareness of the importance of the equipment: Workers must be made aware of the importance of wearing protective equipment and its benefits in maintaining their safety and health.
5. Periodic and regular training: Training should be continuous and periodic, including new and old workers to keep them up with any changes in the nature of work, hazards, or protective equipment.

Legal penalties for negligent work injuries:

Egyptian law takes seriously the responsibility of employers to provide a safe work environment and imposes penalties for negligence that leads to work injuries. These penalties can be Criminal penalties and civil liability.

1. Criminal penalties:

Although the Labor Law itself may not directly stipulate specific criminal penalties for negligence resulting in work injuries, the Egyptian Penal Code may apply in such cases. If an employer’s negligence or carelessness results in injury to a worker, charges of wrongful injury or manslaughter may be filed, depending on the severity of the injury or death. Penalties in the Penal Code vary depending on the severity of the injury or death and whether there is an aggravating circumstance. These penalties may include imprisonment and/or a fine.

In addition, the Labor Law may stipulate specific penalties for violating occupational safety and health provisions, which may be doubled if the violation results in injury to a worker. For example, these penalties may include fines that increase if the violation is repeated or if it results in serious harm.

2. Civil liability:

Apart from any criminal penalties, an employer is civilly liable for damages caused to a worker as a result of a work injury if it is proven that the injury resulted from his negligence or failure to take the necessary occupational safety and health measure

In this case, the employer is obligated to pay compensation to the injured worker for material and moral damages. Pecuniary damages include the cost of treatment, time spent unable to work, and future damages resulting from the injury (such as loss of earning capacity). Moral damages compensate for the emotional pain and suffering inflicted on the worker. If a worker dies as a result of a work injury caused by the employer’s negligence, the worker’s legal heirs have the right to claim compensation from the employer for the material and moral damages they suffered.

The importance of legal consultation to avoid any legal liability in case of accidents:

Legal consultation is a necessary step for factory owners to ensure full compliance with occupational safety and health laws and regulations and avoid any potential legal liability in the event of accidents. A legal consultant can provide support in several areas, including but not limited to:

• Understanding and interpreting laws and regulations: Helping the employer to understand and correctly apply the legal texts related to occupational safety and health.
• Assessing risks and identifying preventive measures: Provide advice on how to conduct a comprehensive risk assessment and identify appropriate preventive measures for each type of risk.
• Preparation of safety policies and procedures: Assist in drafting clear and effective occupational safety and health policies and procedures that comply with the law and the nature of the business.
• Review and update procedures: Ensure that safety procedures are periodically updated to keep up with changes in laws or the nature of the business.
• Handling inspections and investigations: Provide legal support in the event that the factory is inspected by the competent authorities or in the event of work accidents and investigations.
• Avoiding legal disputes: Assist in taking the necessary measures to avoid any legal disputes that may arise as a result of negligence in applying occupational safety and health standards.

The commitment of factory owners in Egypt to apply occupational safety and health standards is not just a legal obligation, but a real investment in protecting the human element, by providing a safe and healthy work environment, committing to protective equipment and periodic training, and always seeking legal advice. Egyptian factories can create a productive and sustainable work environment and protect themselves from the legal and economic consequences of labor accidents.

At Shura Law Firm, we are ready to provide legal advice and follow the necessary procedures to ensure that your factories comply with the Labor Law provisions and avoid any legal liability.