Hamdan bin Mohammed issues Resolution on Protection of Dubai

H.H. Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of Dubai Executive Council, has issued Resolution No (62) of 2016 pertaining to the protection of Dubai Government employees from the occupational injuries and diseases.

The Resolution is applicable to all government employees subject to Government of Dubai Human Resources Management Law No (27) of 2006 and any other government entity that is included by a Resolution from the Chairman of the Dubai Executive Council.

It outlines the framework for a compensation system for occupational injuries and diseases; the creation of a safe work environment; and rehabilitation for occupational injuries and diseases.

The Resolution authorises Dubai Government Human Resources Department to oversee the implementation of the Resolution, develop and circulate the required forms related to the Resolution, discuss the Resolution with the concerned departments, and propose amendments if necessary and submit them to the Chairman of the Executive Council for approval.

Dubai Government Human Resources Department is also responsible for establishing and managing a special record for those affected by occupational injuries and diseases.

The Resolution also outlines the obligations of the government entities subject to the Government of Dubai Human Resources Management Law. All government entities must provide a secure work environment that ensures safety, health and welfare of people at work and direct their employees to adhere to safety and health procedure. The government entities must provide the conditions for occupational safety and health, create and update safety procedures and provide any related training required for employees.

According to the Resolution, government entities must monitor employees while they are carrying out their jobs to reduce risk of occupational injuries and diseases; ensure proper functioning of personal and public safety equipment; analyse industrial accidents; take required measures to ensure such accidents do not occur again; suspend work if there is any risk to employees’ safety; increase awareness about occupational safety among staff; train employees on safety procedures before resuming work; educate employees about work hazards and preventive measures; and register all occupational injuries and diseases and report them to Dubai Government Human Resources Department.

Government departments must take all required preventive measures to reduce occupational injuries and diseases including ensuring periodic medical checkups are conducted in collaboration with Dubai Health Authority, maintain medical records for periodic medical checkups and provide any medical treatment required.

The Resolution also specifies the employee’s responsibilities, which include taking all required precautionary measures; following safety procedures and safety and health instructions when operating heavy equipment and machinery; reporting any equipment and machinery malfunction to the direct supervisor; following the department’s approved safety procedures; and using personal protection equipment.

The employee is also responsible for staying away from any physical danger during work; maintaining the safety of the equipment, tools and machinery used at work; following the occupational safety and health procedures outlined by the department and undergoing periodic medical checkups.

The Resolution considers a strain injury as an occupational injury. The Resolution defines a strain injury as a condition that can arise from forced exertions. The employee must have been tasked with carrying out such efforts and there must be a direct causal link between the strain injury and forceful exertions.

To consider the disease occupational, a direct causal link between the disease and the occupation must be established; the disease must be included in the occupational diseases listed by a resolution from the Director General of Dubai Health Authority; the employee must have served on the job long enough for the disease to be caused by conditions at work; the disease symptoms must appear while the employee is in service or one to two years from the date of the end of his or her contract.

The Resolution stipulates that the medical insurance programme covers healthcare and medical services and the employee does not bear any financial responsibility regardless of his or her medical insurance category. The medical and healthcare services covered by the insurance include ambulance and emergency services, evacuation services, medical treatment inside and outside UAE as required, rehabilitation and prostheses, medicines, transportation during the medical treatment and follow ups during the medical treatment. Such medical services must be provided for the patient until his or her medical condition is stable or until death.

Medical treatment for employees injured during official visits and training abroad is also covered. If the patient suffers any complications six months from the date of the stablisation of the injury, the medical committee will decide the need for additional medical treatment.

Pursuant to the Resolution, the injured employee must notify his or her department about any occupational injury within one week of the date of the injury. If the injured employee fails to notify his or her department within the specified period, the department does not hold any responsibility. The department must notify Dubai Government Human Resources Department and Dubai Police immediately if there is any suspicion of a crime or in case of fires, explosions, building collapse, fatal accident or any other issue the department deems fit to report on.

Dubai Finance Department, according to the approved procedures, will provide the financial resources to cover the costs of any medical services required to treat occupational injuries and diseases or disabilities as well as compensation for death.

The injured employee must accept all medical treatment given to him. If the employee refuses or neglects to undergo medical treatment, he or she will bear the entire responsibility for the injury and his or her medical services will be stopped after obtaining a resolution from the concerned medical committee.

The injured employee will receive full salary for a period not exceeding one year, or until proven fit, disabled or until death, whichever comes first. If the treatment requires more than one year, the case of Emirati employee will be referred to the General Pension and Social Security Authority and the Federal Medical Committee formed pursuant to Federal Law No (7) of 1999. If the employee is not covered under the General Pension and Social Security Authority, the case will be referred to the medical committee formed pursuant to Government of Dubai Human Resources Management Law No (27) of 2006.

If the employee is an expatriate, the case will be referred to the medical committee to look into extending his or her treatment period for a maximum of one more year. In such cases, the employee receives 75 per cent of his or her total salary. The committee may also recommend terminating his or her contract and in such cases, the employee receives a six-month notice or salary for six months.

The Resolution states that the injured employee will receive compensation for partial disability, full disability or death due to occupational injury or disease once the case is approved by a medical report from the Federal Medical Committee for nationals and the Medical Committee for expatriates. In such cases, the compensation is three years’ salary, but not less than AED 200,000 and not more than AED 1,000,000.

The partial disabilities are defined in the disabilities evaluation scheme issued by the Director General of Dubai Health Authority. If the disability is not defined in the scheme, the medical committee decides the compensation after comparing the case to a similar one. The government department must pay the approved compensation within one month of the date of approval by the committee.

To define the case as occupational disease, the employee must inform his or her department and the department must transfer the employee to the concerned medical committee for evaluation, following which the medical committee will determine the compensation.

The employee and his or her heirs lose the right to compensation if the injury was caused due to intentional bad behaviour; if the accident occurred when under the influence of alcohol or drugs; or if the employee did not follow safety and health procedures. The employee and his or her heirs will lose the compensation if they do not claim it within five years of the due date.

This Resolution will be published in the Official Gazette and is effective from the date of publication.