The Ministry of Human Resources and Emiratisation has issued a decision on occupational health and safety and labour accommodation.
The decision is part of the Occupational Health and Safety System, which is endorsed by the new Labour Relations Law and its regulations. It is based on the concern for the safety, protection and health care of workers to establish the obligations of the two parties, which has a positive impact on the stability of the employment relationship and increasing productivity in the labour market.
Obligations of the employer
According to the new Labour Relations Law and its implementing regulations, the employer must take appropriate protective measures to protect workers from the hazards of injuries and occupational diseases that may occur during working hours, as well as from fire hazards and other hazards that may arise from the use of machinery and other work equipment, and apply all other prevention methods adopted by the Ministry of Human Resources and Emiratisation.
The employer must also inform his workers, before they take up their work, of the hazards of the occupation they are performing and post instructions in a conspicuous place in the workplace, in Arabic and, if necessary, in another language that the workers understand, so that they are detailed and clear as to the means of preventing fires and protecting workers from the hazards to which they may be exposed to during the performance of their work, how to prevent them and how to deal with accidents that occur as a result of them.
The Labour Relations Law and its implementing regulations confirm that the employer shall entrust the supervision of first aid to a first aid specialist and shall provide everything necessary in each first aid box, as well as the necessary means for preventing fires and the appropriate extinguishing devices for the materials present in the establishment and those used in the industry, and shall take the necessary measures to ensure on an ongoing basis that the conditions prevailing in the workplace provide adequate protection for the health and safety of the workers employed in the establishment.
The employer shall also take appropriate practical measures to prevent, reduce or eliminate health hazards at the workplace and take the necessary precautions to protect workers from the hazards of falls, falling objects, flying splinters, sharp objects, corrosive or hot liquids, flammable or explosive substances or other harmful substances and take the necessary precautions to protect workers from the hazards of compressed gases and electricity.
According to the Ministerial Resolution, every industrial enterprise and construction company employing 100 or more workers must appoint an occupational safety and health officer, who is a qualified professional for this purpose and is entrusted with the task of preventing various hazards and supervising the implementation of the regulations in this regard.
Establishments with 50 or more workers receiving wages of AED 1,500 or less must provide their workers with labour housing and register it in the systems approved by the Ministry so that the housing complies with the applicable requirements.
The resolution specifies the working hours for open-air work from 15 June to 15 September each year, so that workers may not remain at work beyond 12:30 p.m. and work may not resume before 3 p.m., except for work that must continue without interruption for technical reasons.
Obligations of the employee
Within the scope of the worker's obligations set out in the new Labour Relations Law and its implementing regulations, he must use the protective devices and clothing provided to him, follow any instructions given by the employer to protect him from danger, and refrain from doing anything that might interfere with these instructions.
The worker must also comply with the orders and instructions relating to safety and health precautions, use the means of prevention, and undertake to take care of what is in his possession. or damage it.
The law and its implementing regulations allow the employer to establish a list of sanctions and penalties for any worker who violates his or her legal obligations in this regard.
As part of the optimal application of the occupational health and safety system, the Ministry of Human Resources and Emiratisation shall coordinate with the authorities responsible for public health, care, and safety of workers in the workplace to ensure compliance with the employer's obligation to provide health insurance for workers in accordance with the legislation in force in the State. The Ministry will also coordinate with the competent local and federal authorities regarding the health and safety of workers, as well as to ensure continuous compliance with the standards and requirements established at the federal and local levels in relation to workers' health and safety and occupational accidents and the obligation of workers to comply with them. It will also monitor, inspect and impose administrative sanctions on establishments that violate the instructions on health and safety at work.
It is worth noting that establishments can register labor housing through the Ministry's website www.mohre.gov.ae by submitting all documents proving the validity of the accommodation and the application of the OSH regulations.