A Proposed Law Drafted In Legal Language Is Called A Occupational Hazards And Diseases

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Occupational Hazards And Diseases

Increased awareness of the rights of working class people has led to the growth and widespread acceptance of the concept of “occupational health and safety”, which is required for moral and legal as well as financial reasons. The health and safety of workers in any profession or occupation is important to increase their efficiency and productivity. Occupational health and safety, also called OSH, imposes on the Employer the duty to ensure the safety of all employees working for him and associated with his establishment against all occupational hazards. Occupational diseases are diseases that the worker suffers due to the nature of the work he does. This is part of the occupational hazards.

Due to the spread of awareness against occupational diseases and the efforts of the ILO (International Labor Organization) to protect workers from such hazards, most countries, including the United Arab Emirates, have drafted laws to protect and ensure safety measures by the Employer to prevent these diseases. . occupational diseases. Regulation of labor relations law, in this Federal Law No. 333. Law No. 8 of 1980 (hereafter referred to as “the law”) enumerates such measures. This article deals with measures to be taken by the employer to ensure the safety of employees from occupational hazards and occupational diseases, and the Employer’s obligations to the employee when an occupational disease is detected in an employee.

As part of safety measures against occupational diseases, the law imposes on the employer the duty to provide workers with adequate means of protection against industrial injuries and occupational diseases that may occur during work. The measures are as follows:

1. The first step an employer should take is awareness. Workers must be informed about the occupational hazards and occupational diseases they are exposed to during work. The employer must display in a prominent place of the workplace detailed instructions on the measures taken to prevent fire and protect employees from the hazards they may encounter while performing their work. Such instructions must be in Arabic and other languages ​​understood by the employees, as all employees must understand the instructions.

2. The employer is obliged to appoint doctors every six months for a complete health examination and to examine the symptoms of occupational diseases. The results of such examinations must be recorded by the employer. If the symptoms of occupational disease appear in the examination report of any employee, the labor department must be informed.

3. In accordance with the standards determined by the Minister of Labor and Social Protection of the Population, the employer must provide medical assistance to the employees together with the Minister of Health.

4. The employer is also obliged to take all other safety measures determined by the Ministry of Labor and Social Protection of the Population. The worker must be provided with safety equipment and clothing to protect against hazards.

5. In addition, the employer must provide primary medical care to employees. The cleanliness and ventilation of the workplace must comply with the standards of the Ministry of Health. Also, the employer must ensure proper lighting, drinking water and hygienic sanitary facilities at the workplace.

Table no. According to Article 1 of the Law, poisoning by lead and its compounds, poisoning by mercury and its compounds, poisoning by arsenic and its compounds, poisoning by antimony and its components, poisoning by phosphorus and its compounds, poisoning by phosphorus and its compounds are included. oil, its products, compounds and by-products, poisoning with manganese and its compounds, poisoning with sulfur minerals and its compounds, poisoning with oil, its views, compounds and by-products, poisoning with chloroform and carbon tetrachloride, disease caused by radium. or radioactive substances (X-rays), Chronic skin diseases, skin and eye burns, Eye damage caused by heat and light and their complications, Lung diseases caused by Silica dust, Asbestos (Asbestos dust) or cotton dust, Anthrax, Edema, Tuberculosis and Typhoid fever.

The law further provides for compensation to the employee who is diagnosed with an occupational disease. The first aid that the employer must provide is medical care. The employer shall bear all the expenses related to the treatment of the employee at a public or private local medical center until he recovers or is proved by medical examinations to be disabled. Such treatment includes the costs of hospitalization or sanatorium stay, surgical operations, X-ray and medical tests, drugs and rehabilitation equipment, and the provision of artificial limbs and other prosthetic devices in case of disability. The employer must also cover all transportation costs during the treatment process.

If an employee is unable to work due to an injury, the employer must pay him a benefit equal to his full salary for the entire period of treatment. treatment for more than six months. For the period beyond six months, or until the employee fully recovers, is declared disabled, or dies, the benefit must be halved.

The law provides for compensation in case of permanent partial disability of the employee. In such cases, according to the law, a table is provided for the amount of compensation according to the type and degree of disability.

Compensation for permanent and total disability is similar to compensation for death of an employee as a result of an occupational hazard or disease. In case of death, the employee’s family is provided with compensation. Family members covered by compensation are persons in the family who are wholly or mainly dependent on the deceased employee. Thus, the beneficiaries include:

1. Widow(ies).

2. Children, namely:

a. Sons under the age of 17, regularly enrolled in scientific institutions up to the age of 24, and sons who are mentally or physically disabled to the extent that they cannot support themselves. The term “sons” includes the sons of the husband or wife who were dependents of the deceased employee at the time of his death.

b. unmarried daughters including unmarried daughters of the dependent husband or wife of the deceased employee.

3. Parents.

4. Brothers according to the conditions laid down for sons and daughters.

The amount of compensation determined in case of the death of the employee is equal to the employee’s basic salary for 24 months. The minimum limit of this compensation amount is eighteen thousand dirhams, and the maximum limit is thirty-five thousand dirhams. When calculating the basic salary, the last salary of the employee should be taken into account.

Such compensations are not given to the employee in the following cases:

1. Intentional injury of the employee to commit suicide.

2. The employee intentionally injures himself in order to receive the compensation amount.

3. The employee is intentionally injured due to sick leave.

4. At the time of the accident, the worker is under the influence of alcohol or drugs.

5. The employee willfully violated the employer’s safety instructions.

6. The employee is injured due to his gross misconduct.

7. The employee’s refusal to undergo a periodical medical examination to detect an occupational disease without a valid reason.

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