Executive
Council Resolution No. (62) of 2016
Concerning the
Provision
of Care Related to
Occupational Injuries and
Occupational
Diseases to the Government of Dubai Employees[1]
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We,
Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of
the Executive Council,
After perusal of:
Federal Law No. (7) of 1999 Issuing the
Pensions and Social Security Law and its amendments;
Law No. (5) of 1995 Establishing the
Department of Finance;
Law No. (3) of 2003 Establishing the
Executive Council of the Emirate of Dubai;
Law No. (27) of 2006 Concerning
Management of the Government of Dubai Human Resources and its amendments;
Law No. (13) of 2007 Establishing the
Dubai Health Authority and its amendments;
Law No. (19) of 2007 Authorising the
Chairman of the Executive Council to Issue the Government of Dubai Human
Resources Management Legislation;
Law No. (31) of 2009 Establishing the
Dubai Government Human Resources Department;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai; and
Executive Council Resolution No. (16) of
2013 Concerning the Health Insurance of the Government of Dubai Employees and
its amendments,
Do hereby issue
this Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
UAE: |
The United Arab Emirates. |
Emirate: |
The Emirate of Dubai. |
Law: |
Law No. (27) of 2006 Concerning
Management of the Government of Dubai Human Resources and its amendments. |
GPSSA: |
The General Pensions and Social
Security Authority. |
Executive
Council: |
The Executive Council of the Emirate
of Dubai. |
Department: |
Any Government department, public
agency or corporation, council, authority, or other Government Entity which
is subject to the Law. |
DGHR: |
The Dubai Government Human Resources Department. |
DHA: |
The Dubai Health Authority. |
Director
General: |
The director general of the DHA. |
Employee: |
A male or female person who occupies a
budgeted post in a Department. |
Health
Insurance: |
The health insurance for which
Employees are eligible pursuant to the above-mentioned Executive Council
Resolution No. (16) of 2013. |
Medical
Committee: |
The medical committee formed pursuant
to the provisions of the Law. |
Federal
Medical Committee: |
The medical committee formed pursuant
to the above-mentioned Federal Law No. (7) of 1999. |
Accident: |
A sudden incident that occurs during,
or because of, work and which results in injury to an Employee. |
Occupational
Injury: |
An injury suffered by an Employee as a
result of an Accident he had at his workplace; due to performing his duties;
while commuting from his residence to
workplace and vice versa,
provided that this commuting does not involve deviation from the normal
route; or while travelling to perform his employment duties within or outside
of the Emirate. Death resulting from occupational exhaustion or fatigue will
also be deemed an Occupational Injury. |
Occupational
Disease: |
Any of the diseases, suffered by an
Employee, that are determined as occupational illnesses pursuant to a
resolution of the Director General. |
Injured Person: |
An Employee who suffers from an
Occupational Injury or an Occupational Disease, as stipulated in this
Resolution. |
Total
Disability: |
Any disability that may permanently
cause a total loss of an Employee’s ability to perform his employment duties
and to engage in any other work. |
Partial
Disability: |
Any disability that may permanently
cause a partial loss of an Employee’s ability to perform his employment
duties. |
Total
Salary: |
The monthly salary of an Employee,
which comprises the Basic Salary, the general allowance, and the skill
allowance. |
This Resolution will apply to Employees
of the Departments governed by the Law or of any other Government Entity to
which the application of this Resolution is extended pursuant to a resolution
issued by the Chairman of the Executive Council.
This Resolution aims to:
1.
enhance
the occupational safety procedures of Employees and protect them from
Occupational Injuries and Occupational Diseases;
2.
provide
healthcare to Injured Persons;
3.
provide
a scheme for compensation for Occupational Injuries and Occupational Diseases;
4.
preserve
factors of production, in particular human resources;
5.
create
a safe working environment with the aim of improving and increasing the level
of production; and
6.
reduce
the costs of medical treatment and rehabilitation, and provide compensation for
Occupational Injuries and Occupational Diseases.
For the purposes of this Resolution, a
Department must create a favourable working environment that ensures the safety
and health of its Employees. In particular, the
Department must:
1.
establish
occupational health and safety rules and procedures for its Employees, taking
into consideration the nature of its activities; require the Employees to
comply with these rules and procedures, and follow up their implementation; and
satisfy workplace occupational safety requirements;
2.
train
Employees on the latest safe working methods, and seek to improve these
methods;
3.
monitor
Employees in the course of performing their duties to minimise their exposure
to any risks resulting from Occupational Injuries and Occupational Diseases;
4.
ensure
the efficiency of Employees’ personal and general protective equipment, and
ensure the regular maintenance of such equipment;
5.
consider
causes of Accidents and develop the necessary measures to prevent the
recurrence of the same;
6.
suspend
work in circumstances where the safety of Employees is compromised;
7.
raise
Employees’ awareness of occupational preventive measures, qualify and train
them before they commence work, and inform them of work-related risks and
methods of prevention; and
8.
record
cases of Occupational Injuries and Occupational Diseases, and periodically
submit the relevant records to the DGHR.
For the purposes of this Resolution, the
DGHR will have the duties and powers to:
1.
supervise
the implementation of this Resolution;
2.
prepare
and update the forms required for the implementation of the provisions of this
Resolution, and provide Departments with copies of these forms;
3.
review
this Resolution in coordination with Departments and concerned Government
Entities, propose any required amendments thereto, and submit these amendments
to the Chairman of the Executive Council for approval; and
4.
create
a register of Injured Persons in order to record and
analyse injuries and make appropriate decisions in this respect.
In addition to its obligations under
this Resolution, a Department must take all preventive actions and measures
required to minimise the exposure of its Employees to Occupational Injuries and
Occupational Diseases. In particular, the Department must:
1.
prepare
a list of the posts whose occupants are exposed to Occupational Diseases;
2.
conduct,
in coordination with the DHA, periodic medical examinations for the Employees
holding the posts mentioned in the list referred to in paragraph (1) of this
Article, taking into consideration the duties performed by each Employee.
Results of the medical examinations must be documented in the records
maintained by the Department for this purpose; and
3.
take
the necessary action to verify whether an Employee suffers from an Occupational
Disease, and provide medical treatment where required.
For the purposes of this Resolution, an
Employee must, in the course of performing his duties, seek to avoid
Occupational Injuries or Occupational Diseases. In particular, the Employee
must:
1.
use
appropriate working methods when performing his employment duties, and exercise
caution and care in using any equipment, tools, or machines while on duty;
2.
monitor
work elements and equipment and inform his immediate supervisors of any
relevant defects;
3.
comply
with occupational health and safety instructions adopted by his Department, and
use personal preventive equipment;
4.
avoid
any physical influences that may cause harm to him while performing his duties;
5.
maintain
the equipment, tools, and machines he uses while performing his duties in a
good working condition; and
6.
comply
with the occupational health and safety rules and procedures adopted by his
Department, and undergo the medical examinations prescribed by the Department.
An injury that results from exhaustion
or fatigue will be deemed an Occupational Injury subject to the following:
1.
the
exhaustion or fatigue must have resulted from an additional effort beyond the
normal effort required from an Employee to perform the work assigned to him;
2.
the
Employee must have been officially assigned to perform the work that resulted
in the additional effort; and
3.
a
direct causal relationship must be established between the occupational
exhaustion or fatigue and the injury suffered by the Employee.
A disease will be deemed an Occupational
Disease subject to the following:
1.
a
causal relationship must be established between the disease and the post held
by the Employee;
2.
the
disease must have been determined as an Occupational Disease by a resolution of
the Director General;
3.
the
period of the Employee’s exposure to the causative factors of the disease must
be scientifically proven to be sufficient to cause him to
suffer that disease; and
4.
the
symptoms of the disease must have appeared during the service period of the
Employee or within two (2) years from the date of end of his service with the
Department.
a.
Necessary
healthcare will be provided to an Injured Person under a Health Insurance programme and he will not incur any healthcare costs
regardless of the category of Health Insurance
to which he is entitled.
Healthcare that must be provided by the Department to the Injured Person will include, but will not be
limited to, the following:
1.
providing
first aid to the Injured Person and
transporting him to the nearest medical centre or hospital;
2.
where
the Injured
Person's condition stabilises while receiving medical treatment at a private healthcare
facility, transferring him to any government healthcare facility at which the required treatment is available;
3.
providing
healthcare to the Injured Person
outside of the UAE if the relevant healthcare service is not available in the
UAE, based on a report issued by the Medical Committee;
4.
providing
healthcare to the Injured Person until
his condition stabilises
or until he dies. This will include:
a.
providing
necessary healthcare related to any Occupational Injury or Occupational
Disease;
b.
providing
medical rehabilitation services, artificial limbs, and auxiliary medical
equipment;
c.
providing
necessary medication; and
d.
paying
the cost of transportation from the healthcare facility providing the treatment
to his residence;
5.
following
up the condition of the Injured Person throughout the period of
medical treatment in direct coordination with the healthcare facility providing
the treatment. This includes requesting medical reports on his health condition
and on his commitment to treatment; and
6.
coordinating
with the Medical Committee on all matters related to the Injured
Person, and
providing it with all reports issued by the healthcare facility providing the
treatment.
b.
Necessary
healthcare will be provided to the Injured Person if he sustains an injury or disease
while on an official or training assignment outside of the UAE.
c.
Where
the Injured Person suffers
complications as a result of the same injury within six (6) months from the
date on which his condition stabilises,
the Medical Committee will have the authority to decide whether or not he is
entitled to receive further healthcare pursuant to this Resolution.
a.
An
Injured Person must report to his Department any
Occupational Injury he sustains, within no later than (1) one week from the
date of that injury. Where he fails to do so without a valid reason, the
Department will not have any liability towards him.
b.
A
Department, or its representative, must immediately report any injury suffered
by an Employee to the DGHR and to the police station having jurisdiction over
the area where the injury occurred, in the following cases:
1.
where
there is suspicion of a criminal activity;
2.
in
case of Accidents involving fire, explosions, or collapses;
3.
in
case of Accidents that may lead to the death of the Employee; and
4.
in
any other cases the Department deems necessary to be reported to the competent
police station.
c.
Upon
completion of the relevant investigation, the Department may obtain a copy of
the investigation reports.
An Injured
Person must
undergo the prescribed medical treatment during the provision of healthcare
services. Where the Injured Person refuses to receive,
or neglects,
treatment, he will bear full responsibility for the consequences. In addition,
the healthcare
services provided to him will be ceased by a resolution by the Medical
Committee based on reports issued by the competent entity that manages the
Health Insurance programme.
The DOF will provide the necessary funds
to cover healthcare expenses resulting from Occupational Injuries and
Occupational Diseases, and to compensate any
Injured
Person and his
heirs in the event of his disability or death, as the case may be, in
accordance with financial rules and procedures adopted by the DOF in this
regard.
a.
During
the medical treatment period, an Injured
Person will be
entitled to Total Salary for up to one (1) year or until his recovery,
disability, or death is established, whichever comes first. Where the treatment
period exceeds one (1) year, the following procedures will apply:
1.
a
UAE-national Employee who is insured by the GPSSA will be examined by the
Federal Medical Committee to consider extending the period of his treatment and
entitlement to Total Salary, or recommending the termination of his service for
medical unfitness;
2.
a
UAE-national Employee who is not insured by the GPSSA will be examined by the
Medical Committee to consider extending the period of his treatment and
entitlement to Total Salary for up to one (1) year, or recommending the
termination of his service for medical unfitness; or
3.
a
non UAE-national Employee will be examined by the Medical Committee to consider
extending the period of his treatment for up to one (1) year, in which case he
will receive seventy-five percent (75%) of his Total Salary; or recommending
the termination of his service for medical unfitness.
b.
Where
the competent medical committee recommends termination of the services of an Injured
Person for medical unfitness, his service will
be terminated subject to a six-month notice. However, his service may be
terminated immediately, provided that he receives a six-month Total Salary in
lieu of that notice period.
An Injured
Person will be
entitled to compensation for Partial Disability, Total Disability, or death
resulting from an Occupational Injury or Occupational Disease, provided that
the cause of the disability or death is established by a medical report issued
by the Federal Medical Committee in case of UAE-national Employees insured by
the GPSSA, or by a medical report issued by the Medical Committee in case of
other Employees.
In the event of death or Total
Disability as a result of an Occupational Injury or Occupational Disease, the
amount of compensation will be equal to the Basic Salary for three (3) years,
but may neither be less than two hundred thousand Dirhams (AED 200,000.00) nor
more than one million Dirhams (AED 1,000,000.00).
A Department will deposit the amount of
death compensation in the Dubai Courts' treasury within one (1) month from the
date of announcement of the investigation results confirming that the death has
been caused by an Occupational Injury or Occupational Disease. The competent
court must distribute the death compensation amount to heirs in accordance with
the relevant rules and principles adopted by that court.
a.
The
percentage of Partial Disability will be determined based on the percentage of
Total Disability and in accordance with the Disability Percentage Table
approved by a relevant resolution of the Director General. The compensation
amount payable in case of Partial Disability will be calculated by multiplying
the Partial Disability percentage by the amount of compensation referred to in
Article (16) of this Resolution.
b.
Where
the disability suffered by an Injured
Person is not
covered by the cases and percentages stated in the table referred to in
paragraph (a) of this Article, the compensation amount will be estimated based
on the most
similar case, taking into account the ability of the Injured
Person to
perform his employment duties. In that case, the percentage of disability must
be determined by the competent medical committee.
c.
Where
it is proven that an Injured Person suffers from a Total
Disability or Partial Disability, the Department must pay the compensation
prescribed by the competent medical committee to the Injured Person
within a period
not exceeding one (1) month from the date of issuing the committee's decision.
d.
Where
an Occupational Injury or Occupational Disease results in multiple damage, the
Injured Person will be entitled to compensation for each item of damage,
provided that the total amount payable in this case does not exceed the amount
of death compensation.
a.
Subject
to the provisions of Article (9) of this Resolution, for a medical condition to
be deemed an Occupational Disease, the Injured Person
must submit a
relevant application to the Department for which he is or was working. The
Department will refer this application to the competent medical committee,
which will issue the relevant decision after considering the medical condition
of the Injured Person and examining him in
coordination with the Department.
b.
Where
an Occupational Disease is established, the relevant compensation
will be determined by the Medical Committee or the Federal Medical Committee,
as the case may be.
a.
An
Injured Person will not be entitled to compensation
for any Total Disability or Partial Disability suffered as a result of an
Occupational Injury or an Occupational Disease, and his heirs will not be
entitled to claim compensation in case of his death, where it is proven that
the injury or disease has resulted from his wilful misconduct. This includes
the following:
1.
if
the Employee deliberately inflicts an injury upon himself for a reason not
related to his employment or moral duties.
2.
if
the Employee has been under the influence of intoxicants, narcotics, or any other
psychotropic substances at the time of the relevant Accident;
3.
if
the Employee deliberately violates the occupational health and safety
instructions adopted by his Department; and
4.
if
the Employee refuses, without a valid reason, to undergo medical examination or
to abide by the medical treatment recommended by the health facility providing
him with that treatment.
b.
A
Department may deprive an Injured
Person from
healthcare services and recover any paid medical treatment expenses if it is
proven that the Occupational Injury or Occupational Disease has resulted from a
wilful misconduct
of the Employee.
The right of an Injured or his heirs to
claim the compensation prescribed under this Resolution will be forfeited after
the lapse of five (5) years from the date of entitlement to that compensation.
a.
Where
an Injured Person becomes entitled to
compensation for a disability that has resulted from an Occupational Injury or
Occupational Disease, and he dies due to that injury or disease within two (2)
years from the date of payment of the disability compensation, his heirs will
be entitled to death compensation. In that case, any amount previously paid to
the Injured Person as disability compensation
will be deducted from the amount of death compensation.
b.
Where
compensation is paid to an Injured Person who is insured by the GPSSA,
or to his heirs, but the amount of that compensation is less than the amount to
which he is entitled under this Resolution, the Injured or his heirs will be
entitled to compensation equal to the difference between the amount paid by the
GPSSA and the amount to which he is entitled under this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al
Maktoum
Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 5 September 2016
Corresponding to 3 Thu al-Hijjah 1437 A.H.
©2018 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an accurate and
complete English version of this legislation. However, for the purpose of its
interpretation and application, reference must be made to the original Arabic
text. In case of conflict, the Arabic text will prevail.