Workforce wellbeing and business continuity: An HSE and employment perspective from the Strait of Hormuz

Universally across workforces in the region, employees have been impacted by regional conflict and geopolitical events even if indirectly.

Employers have focused on resilience and supporting employee wellness coupled with business continuity. However, it is undeniable that workers in critical industries (power and energy), the marine and offshore industry around the Gulf have been significantly impacted and employers in these industries face unique obligations and challenges.

Employees working in critical infrastructure are a particular focus during periods of regional disruption, with employers needing to balance the continuity of essential operations with appropriate measures to safeguard employee health, safety and wellbeing. A recent BBC report on sailors stranded in the Strait of Hormuz highlights the plight of over 20,000 seafarers stranded for months, working under extreme stress, fatigue, and constant exposure to security threats. For employers operating in this industry meeting contractual obligations and ensuring employee wellness becomes a particular challenge with a workforce working across borders and often in international waters.

What are employer’s obligations under UAE and KSA law?

Employers under UAE law are under a duty to ensure a safe working environment and to take reasonable steps to protect employees from risk. This obligation is grounded in statutory duties requiring employers to provide a safe and appropriate working environment, implement preventative measures against occupational risks, and take all necessary steps to safeguard employees’ health and safety.

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In practice, these “reasonable steps” include providing appropriate safety measures and protective equipment, implementing systems to prevent occupational injuries and hazards, clearly communicating workplace risks and safety instructions, ensuring workers are trained on health and safety procedures, and continuously monitoring and maintaining workplace conditions to mitigate evolving risks. Employers are also required to take practical measures to prevent, reduce, or eliminate hazards and to ensure that workers are adequately informed of the risks associated with their roles and how to respond to them.

Similar principles apply under KSA Labour Law, which requires employers to take all necessary precautions to protect workers from hazards and to maintain safe working conditions, including through appropriate safety systems and protective measures. In addition, regulatory guidance issued by the Ministry of Human Resources and Social Development emphasises a proactive approach to occupational safety and health, including the identification of workplace hazards, implementation of preventative measures, and ongoing monitoring of risks, particularly where operating conditions are subject to change.

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Importantly, these obligations are not confined to onshore workplaces. In maritime and offshore contexts, an employer’s duty of care extends to employees working at sea, including in international waters, subject to the applicable legal and the contractual arrangements in place.

The challenge lies in applying these duties in fluid, high-risk environments where employees remain in place for prolonged periods, are exposed to ongoing and escalating risks, and have limited practical ability to leave or refuse work; abandoning ship may itself carry legal consequences. This position is further reinforced under maritime law, where the master exercises overarching authority over the vessel and crew, and individuals are generally not free to leave at will. Accordingly, the legal question is not whether the duty applies, but whether the employer has taken all reasonable and proportionate steps in light of the prevailing circumstances.

In practice, particular care is required in industries operating on rotational workforce models. Many employers in the marine and offshore sectors rely on employees remaining in location for extended periods due to operational, logistical or regulatory constraints. These rotation periods are even longer due to the current situation. As a result, employees may be unable to leave their place of work or rotate as initially planned, which does not in itself indicate a breach. However, it does increase scrutiny as to whether employers have actively monitored risks and implemented appropriate mitigation measures, including welfare support and reasonable adjustments where feasible.

Maritime frameworks (Federal Decree-Law No. 43 of 2023 Concerning the Maritime Law in the UAE and Commercial Maritime Law, issued pursuant to Royal Decree No. M/33 dated 5/4/1440H (12 December 2018) in KSA) also place specific emphasis on crew welfare, including safe manning levels, rest periods, and fatigue management. Where external events disrupt normal rotation cycles, this creates a heightened operational and legal challenge, requiring employers to balance regulatory obligations with the practical constraints on crew movement.

What this means in legal terms

This leads to the key question:

Can employees bring HSE claims against employers for harm sustained in such circumstances?

The answer is yes, in principle, they can, but it is highly fact-specific.

• Employees may bring labour claims linked to unsafe working conditions or breach of statutory duties.
• An HSE injury may extend beyond physical harm and encompass psychological and mental health impacts.
• In more serious cases, there may be exposure to civil liability under the Civil Code (in each of UAE and KSA) where harm (including psychological harm, if evidenced) can be established.
• In extreme circumstances, particularly where there is clear negligence and serious harm, criminal liability may also arise.

However, claims of this nature are not straightforward. Employees would generally need to demonstrate that:

• the employer failed to take reasonable measures to mitigate a known risk;
• the risk had become foreseeable and ongoing, rather than exceptional or short-term; and
• there is a causal link between the working conditions and the harm suffered.

It is therefore critical from an employer’s perspective not only to comply with applicable HSE obligations, but to go beyond minimum legal requirements to ensure that all reasonable measures are taken to protect employees’ health, safety, and wellbeing. Maintaining clear and properly documented records of such measures is equally important, both to demonstrate compliance and to substantiate the steps taken in the event of any claims arising.

Looking ahead, when these circumstances eventually stabilise and affected employees are able to return from prolonged deployments, employers may also need to consider what further support is required to address the impact of extended exposure to high-risk and high-stress environments. This may include measures such as structured reintegration, extended rest periods, access to confidential online counselling or employee assistance programmes, and dedicated wellness or mental health sessions. Such measures can form part of a broader approach to supporting employees’ recovery and wellbeing following prolonged exposure to challenging working conditions.