Employer obligations
by This email address is being protected from spam bots, you need Javascript enabled to view it on Tuesday, 04 November 2008
Dennis Brand looks at the legal obligations of an employer with regard to health and safety.
I t was recently reported that each year some 2.3 Million people worldwide die in occupational accidents or from work related diseases and approximately 60,000 of these deaths are in the construction industry.
In the Emirate of Dubai 249 accidents on construction sites were recorded in 2007, 47.8% of which involved labourers falling from heights. Other types of accidents included collapses at work sites, crane and other machinery accidents, and incidents involving fires and electric shocks.
The issue of health and safety in the work place was again highlighted recently when the Dubai Municipality published a new manual for contractors covering health and safety regulations for those working in the construction and engineering industry.
The Building Department Inspection Section of Dubai Municipality makes regular visits to construction sites enforcing site safety regulations. Minor violations are dealt with by way of a fine, but more serious violations can result in a site being closed.
Notwithstanding the health and safety regulations of Dubai Municipality, it is said that the rapid development of Dubai has prompted a number of government departments to issue legislation, rules and guidelines for projects within their jurisdiction. This is said to have resulted in some confusion, which a single unified code would remove.
While there may be some sympathy for contractors and sub-contractors in not having a unified code to apply or single set of health and safety regulations to work with, Federal Law No. 8 for 1980 on Regulation of Labour Relation (the "Labour Law") is very clear as to an employer's obligations with regard to the protection it must afford its employees in the work place.
While the lack of a single unified code may cause some confusion as to which authority's regulations are applicable or otherwise, this in no way detracts from the clear obligations which the Labour Law places on the employer to provide what amounts to protection of employees and a safe system
of work.
Perhaps those of us who prepare construction and engineering contracts can assist in raising the profile of health and safety issues by including specific obligations in such contracts with termination as the ultimate sanction for those contractors who do not comply with their obligations.
Dennis Brand is senior legal advisor with HBJ Gateley Wareing. Email:
This email address is being protected from spam bots, you need Javascript enabled to view it
, Tel: +971 4 321 9999.
Worker's Safety, Protection, Health and Social Care covers various obligations on the part of the employer and on the employee in articles 91-101.
Article 91 - Every employer shall provide his employees with adequate means of protection against injury, occupational diseases, fire and hazards, which may result from the use of machinery and other equipment in the work place. The employee however must use the protective equipment and clothing supplied to him for this purpose and must also comply with instructions given by the employer to protect the employee against hazards, and not take any action liable to hamper compliance with such instructions.
Article 92 - Every employer shall display detailed instructions in a conspicuous position in the work place indicating the measures to be taken to prevent fire and protect the employees against hazards which they may be exposed to in performing their work. These instructions shall be in Arabic and if necessary in other languages understood by the employees.
Article 93 - Every employer shall make available first aid boxes or kits (one per 100 employees) containing medicines, bandages and other first aid materials as ordered by the Ministry.
Article 94 - Every employer shall ensure that the work place is kept clean and ventilated and has provided adequate lighting, drinking water and toilets.
Article 95 - An employer shall assign one or more medical practitioners to examine, at regular intervals of not more than six months, those of his employees who are exposed to the possibility of contracting one of the occupational diseases specified in the Schedule attached (to the Labour Law). The findings of such examinations shall be recorded on the employee's personal file.
Article 96 - The employer shall provide his employees with medical facilities to the standard determined by the Ministry of Labour in consultation with the Ministry of Health.
Article 97 - The Ministry of Labour after consulting with the Ministry of Health may issue resolutions prescribing the general precautions and health related safety measures in relation to lighting, ventilation, dining rooms, supply of water for drinking and washing, elimination of dust and smoke pollution, and precautions to be taken against fire and electricity hazards.
Article 98 - The employer or his deputy shall inform the employee of the dangers of his job and the means protection that he must take. The employer shall also display detailed written safety instructions in this respect at the work places.
Article 99 - No employer, deputy or any other person with authority over the employees shall bring or allow others to bring any kind of alcoholic drinks for consumption on work premises. The employer shall also prohibit any person to enter or remain in the establishment while in the state of drunkenness.
Article 100- Each worker shall comply with the orders and instructions related to industrial security and safety precautions and shall use the appropriate protective devices and treat such devices in his possession with due care. No worker shall commit any act leading to non-compliance with such instructions, or to misuse, damage or destruction of the equipment provided for protecting the health and safety of the workers.
Article 101- Every employer employing workers in areas remote from towns and not connected with them by any normal means of transport shall provide the workers with the following services: adequate means of transport; suitable living accommodation; drinking water; considerable and adequate food supplies; first aid facilities and recreation and sports facilities.
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