The Minister of Human Resources and Emiratistaion,
After perusal of Federal Law No. 1/1972 on the competencies of the Ministries and powers of the Ministers, and its amendments;
Federal Law No. 13/2020 on the public health;
Federal Decree-Law No. 33/2021 on the regulation of labour relations, and its amendments and Implementing Regulation;
Cabinet Decision No. 21/2020 on the fees of the services and the administrative fines at the Ministry of Human Resources and Emiratisation, amended by Cabinet Decision No. 37/2022;
Cabinet Decision No. 33/2022 on the work injuries and occupational diseases;
Ministerial Decision No. 48/2022 on the regulation of the procedures of the work inspection; and
Based on the work interest requirements,
Has decided:
Article 1 – Channels for Notification about Work Injuries and Occupational Diseases
All establishments shall register the notifications related to the work injuries and cases of occupational diseases on the System of the Ministry, through the following channels:
- Digital system of the services provided by the Ministry.
- Centres accredited to provide the services of the Ministry (business services’ centres)
- The application of the Ministry “MOHRE”
- Any other channels determined by the Ministry.
Article 2 – Obligations of the Employer Concerning the Work Injuries and the Occupational Diseases
The employer shall abide by the following:
- The establishments that have 50 workers or above shall prepare a special system to monitor the work injuries and the occupational diseases, provided that such system includes the following:
- A register for the work injuries and occupational diseases.
- Providing the preventive instruments and the rehabilitation programs deemed necessary for the workers carrying-out hazardous activities at the establishment.
- Determining all activities deemed hazardous to the health and safety of workers.
- Determining the workers carrying out hazardous activities.
- Determining the mechanism of the regular health examination for the workers assuming hazardous activities.
- Determining the mechanism of quick notification about work injuries and occupational diseases inside the establishment.
- Determining the mechanism for investigation of work injuries and occupational diseases, and taking all necessary procedures to ensure that no other workers are exposed to such injuries or diseases.
- Determining the mechanism for obtaining a report from the medical committees that clarify the disability percentage in case of a work injury or occupational disease.
- A register including the periodicity and schedules of the examination of workers.
- Maintaining a register for the workers exposed to occupational risks for a duration of not less than 5 years at least after the end of their service.
- Providing the worker, upon end of service, with an attestation mentioning the period during which he carried out hazardous activities at the establishment.
- Inform the Ministry in case the worker wishes to cancel the work contract before issuance of the report of the medical committees. In this case, the worker shall keep his rights according to the medical report issued by the Committee. In all cases, the employer shall not end the work relation and shall not cancel the contract of the worker who is injured or sick unless after paying all his entitlements.
- Abide by the provisions of Article (37) of aforementioned Federal Decree-Law No. 33/2021and Article (23) of its Implementing Regulation as well as Article (3) of this Decision concerning the compensation for the work injuries and occupational diseases, before taking the procedures of termination of the contract and work relationship.
- Inform the medical entities, upon being aware of the work injury or the suspicion of the occupational disease, according to the procedures and mechanisms approved by such entities.
- Inform the competent police stations immediately about the work injury or the suspicion or awareness of the occupational disease, according to the geographic scope of the establishment, and according to the mechanisms and channels dedicated for this purpose (control rooms, direct contact with the police stations according to the competencies thereof… etc).
- Inform the Ministry immediately through the channels of registration of the notifications determined in Article 1 of this Decision, in case any incident occurs (such as: building collapse, fire, explosion, fall from heights, traffic accident during work or while going to or coming back from work, and any accidents with similar level of danger), while committing to notification within 48 hours in case of detecting any work injury or occupational disease.
- Provide the Ministry with a proof confirming that the employer shall bear the costs of the treatment of the worker outside the State at his own expense, as agreed between such employer and worker in this regard.
Article 3 – Compensation for the Work Injury and Occupational Disease
- The employer shall treat the injured worker and compensate him for the work injuries and occupational diseases.
- The value of the compensation for the work injury shall be calculated based on the last basic salary earned by the worker.
- The employer shall pay the compensations prescribed in the aforementioned Federal Decree-Law No. 33/2021 within 10 days from the issuance of the medical report determining the disability percentages, according to the tables annexed to aforementioned Cabinet Decision No. 33/2022.
- In case the work injury or the occupational disease results in the death of the worker, then the compensation shall be disbursed to the eligible beneficiaries according to the legislation in force in the State, or according to whatever is determined by the worker before his death.
- In case the work injury or the occupational disease leads to a permanent partial disability, then the concerned person shall be entitled to a compensation according to the percentages determined in the tables annexed to the aforementioned Cabinet Decision No. 33/2022, provided that such percentages are considered within the death compensation stipulated in Clause (3) of Article (37) of aforementioned Federal Decree-Law No. 33/2021 as follows: (Percentage of the permanent partial disability mentioned in the tables annexed to aforementioned Cabinet Decision No. 33/2022 x the value of the basic salary for a duration of 24 months (not less than AED 18.000 and not more than AED 200.000) = value of the compensation for the permanent partial disability).
- The value of the compensation owed to the worker in case of a permanent total disability is the same value to be paid in case of death.