Key Health And Safety Considerations In The Workplace

Effective health and safety management is a cornerstone of responsible business practice and legal compliance in the UAE. It expects robust leadership and a collaborative culture between employers and employees, ensuring that safety is embedded in daily operations rather than treated as a peripheral obligation. Compliance with health and safety obligations is essential for numerous reasons: it protects the workforce from workplace incidents, safeguards the organization's reputation, and prevents potentially severe financial and legal penalties.

Achieving legal compliance in health and safety is challenging due to extensive range of obligations. It requires a thorough understanding of business operations, and the specific hazards and risks involved. In the UAE, standards are protected by various guidelines and legislations. The article outlines the key legal framework and practices for UAE employers to ensure compliance.

Employer and Employee Obligations

Under the UAE Labour Law (Federal Decree Law No. 33 of 2021 as amended), there a number of obligations that both employers and employees are required to adhere with. In addition to the UAE Labour Law, the UAE Civil Code and the UAE Public Health Law further reinforce the health and safety obligations on both employers and employees. There may also be criminal liability stemming from a breach of an employer's health and safety obligations where an employee is injured as a result.

We set out a summary of each employer's obligations below.

The UAE Labour Law

Under the UAE Labour Law, employers are required to provide a safe and appropriate work environment, offering safety training, conducting regular assessments, and maintaining safety measures. Where employers are established in the mainland UAE, the Ministry of Human Resources and Emiratisation ("MoHRE") has issued additional health and safety guidelines that must be complied with.

Employees, on the other hand, must use protective equipment, follow safety instructions, and refrain from any actions that could jeopardize their safety or the safety of others. If an employee is injured due to negligence, such as self-inflicted harm or failure to follow safety instructions, compensation may be denied.

Work-related injuries and occupational diseases must be reported to MoHRE within 48 hours of the incident, through MoHRE's digital system, approved business service centres, mobile application, or any other specified channels.

The UAE Civil Code, Federal Law No. 5 of 1985 (as amended)

The UAE Civil Code also sets out a number of obligations on both the employer and the employee, being that:

1. The employer must ensure all means of safety and security are available and put into place and provide all things which are necessary to allow employees to undertake their duties safely and without harm such as ensuring all machines and apparatuses used for work are in proper running condition so that it they do not cause any harm or issues to employees.
2. Employers must also ensure that they undertake their obligations to their employees in a moral and polite manner.
3. Employees are also required to take practical care when undertaking their required duties and also conduct themselves morally.
4. Employees must obey the orders/rules/policies of their employer when performing their work and ensure they do not expose themselves to danger.

Public Health Law No. 13 of 2020 (as amended)

The Public Health Law put in place the National Committee of Public Health that is responsible for, amongst other things, controlling, maintaining health and safety measure for employers and employees to adhere with. This was followed by a number of other Ministerial Resolutions, which on a high-level, require the employer to adopt preventive measures against occupational diseases and accidents by establishing proper health and safety conditions, providing protective equipment, safety training, displaying clear safety instructions, and the maintenance of proper worksite hygiene.

Importantly, between 15 June and 15 September, construction and industrial workers are prohibited from working under direct sunlight between 12:30 pm and 3 pm., with exceptions for essential or emergency tasks requiring government permits. Employers must provide shaded rest areas during breaks.

The Penal Code, Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law(as amended)

Broadly, the Penal Code provides for certain crimes that could arise in a health and safety context at work including manslaughter, personal injury and exposure to danger. Charges could be brought against the general manager of the company, the health and safety officer, any other person responsible for ensuring health and safety at work and who fails in their duty or another person depending on the specific circumstances. Any such charges may result in fines and/or imprisonment, and can therefore be severe.

Given the broad remit of health and safety obligations under UAE law, it is therefore important that employers ensure they are aware of their obligations and ensure they take proactive measures to ensure compliance.

Practical Considerations

In light of the above, employers should ensure to undertake practical measures that it deems fit in relation to its nature of work to ensure the health and safety of its employees.

We recommend that employers should, at a minimum:

1. Update and implement a comprehensive Health and Safety policy to ensure compliance with the UAE Labour Law and the relevant laws in the UAE. If no such policy currently exists, the company should develop and implement one. This policy should clearly outline the rules and expectations of all company personnel and specifically, the responsibilities which fall on the employees in ensuring and maintaining a safe and hygienic work environment. Such policies should be made available to employees, and from a best practice perspective, employees should sign the policy confirming their agreement to it. This is especially important where employees work remotely (whether from another location in the UAE or abroad).
2. Ensure clear instructions and notices at points of use, where applicable. As an example, where machinery is used by employees. concise and clear instructions should be displayed adjacent to the machine. These notices should highlight the need for care and attention when using the equipment and may include specific warnings or guidelines relevant to each machine and should be drafted in a manner that is easily understood by all users, taking into account any language requirements.
3. Conduct regular training sessions with employees to ensure ongoing compliance across the workforce of the relevant health and safety obligations, not only by employees, but line managers and supervisors. Training sessions should emphasize the expected shared responsibility and compliance of both the company and the employees, set out the rules and expectations of the company and if applicable, the correct and safe use of machinery, potential hazards, and the procedures to follow in the event of an incident in the workplace. Ongoing supervision and periodic refresher training may also be beneficial to reinforce safe practices. During these training sessions, it should also be emphasized that employees are expected to exercise reasonable care for their own health and safety, as well as that of their colleagues.

1. Periodically review its health and safety policies and related procedures to ensure they remain effective and up to date. Feedback from employees should be encouraged to identify any areas for improvement or additional risks that may arise.

Conclusion

Health and safety management is a shared responsibility between employers and employees and it is important for employers in the UAE to familiarise themselves with their health and safety obligations to ensure compliance, and to mitigate any risk of injury and safety concerns. By complying with these regulations, employers can mitigate legal risks, enhance employee well-being, and promote a productive and sustainable work environment.