UAE HSE

Legislation
Matt Jackson
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HSE LEGISLATION AT FEDERAL LEVEL

Federal Law No.8 of 1980 UAE Labour Law
Employers and employees can be held responsible for health and
safety breaches

Penal Code Federal Law No.3 of 1987

Contains financial and detainment penalties

Power is delegated to individual Emirates from Federal Level for the

development and implementation of local laws related to health and
safety
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HSE LEGISLATION IN DUBAI

Local Order 61 of 1991 and Admin Order 211 of 1991
Specific to environmental protection, but contains provisions on health
and safety of employees, including the reporting of incidents and
accidents and the obligation of employers for the reporting of those
incidents and accidents

Dubai Municipality Code of Construction Safety Practice

Specifies the responsibilities and working conditions for workers for
health and safety on site

Dubai Municipality Technical Guidelines

A new range of Technical Guidelines were issued in 2011/12, e.g.
Rope Access, Emergency Preparedness and Electrical Safety at
Work
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HSE LEGISLATION IN DUBAI

TECOM Regulations
Employment Regulations 2004 establish a safety and injury prevention
programme
HSE Regulations allow TECOM to set higher standards than those
adopted at Federal and local level

JAFZA Health and Safety Manual

Applies to entities operating within JAFZA and includes a chapter on
Health, Safety, Environment and Fire
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HSE LEGISLATION IN ABU DHABI

Largely follows the Federal regime

AD Executive Council Decree 42 of 2009 Concerning The

Environmental, Health and Safety management System in the Abu
Dhabi Emirate
Unified tool specific to the implementation of the AD EHSMS RF
Stipulates the responsibilities of the Competent Authority (OSHAD)
Stipulates the responsibilities of Sector Regulatory Authorities (SRAS)
e.g. The Centre of Waste Management, Industrial Development Bureau
and The Health Authority Abu Dhabi)
Stipulates the responsibilities of entities for the implementation of the
AD EHSMS RF
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HSE LEGISLATION IN ABU DHABI

Structure revised in 2012
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SELF REGULATING BODIES IN THE UAE

Have the power delegated to them by local governments to self
regulate to achieve their objectives in a given industry

Examples of self-regulating bodies:

Dubai Aviation and Engineering Projects (DAEP)
Abu Dhabi National Oil Company (ADNOC)
Dubai Water and Electricity Authority (DEWA)
Emirates Nuclear Energy Corporation (ENEC)
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LIABILITY
Criminal sanctions

Fixed compensation

Civil compensatory damages

Contractual liability

Administrative sanctions
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CRIMINAL SANCTIONS
Penal Code
Contains financial and detainment penalties

Labour Law and Ministerial Decisions

Any breach of health and safety obligations is punishable by fine of up
to Dh10,000 and/or imprisonment for up to six months
Fines can be levied against the Organisation, however it is the
Organisations Officers who could face imprisonment
Previous cases suggest that imprisonment is usually only imposed
where gross negligence has occurred
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LIABILITY
Fixed Compensation
Diya (blood money) compensation for a human life Dh200,000

Arsh compensation for the loss of an organ, a body part or their

functions sliding scales
- Determined by a medical investigation team
- Percentage is calculated as a share of the Dh200,000 (Diya)
- Some instances i.e. loss of both legs pay full diya amount

Civil compensatory damages

Emotional damages No set payment schedule claimed separately

Loss of future earnings - When a court calculates loss of earnings, a

persons salary would be calculated based on the retirement age.
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EMOTIONAL DAMAGES EXAMPLE

A woman had an accident and because of the accident, her private parts
were revealed, said Mr Al Othali. She can claim compensation for
emotional damages the shame and embarrassment that she felt
because of the accident.

Source The National - UAEs compensation system is more

reasonable than those in the West, says expert
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LOSS OF FUTURE EARNINGS EXAMPLE

If a person has an accident that made him lose both his arms, he will get
the Dh200,000 arsh money, he said. But he will need someone to feed
him, change him and take care of him. So he will need to hire someone to
help him.

He might lose his job and be unable to work again. He might also have
young children who are dependent on him. How will society look at him
after the accident? So his situation is more complicated, which is why he
should ask for and receive higher compensation.

Lets say he had the accident when he was 35 years old, he said.
When the court calculates his loss of earnings the court will estimate his
earnings until his retirement age, which is around 60 to 65.
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LOSS OF FUTURE EARNINGS EXAMPLE

For compensation that cant be estimated such as the way society

looks at him after the injury or the pain that the injury caused the court
estimates [the compensation amount] as it sees fit. Here, the lawyer has
to make the judge aware of the pain of his client. He might get up to
Dh800,000.

Source The National - UAEs compensation system is more

reasonable than those in the West, says expert
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