The surge in awareness in regards to the rights of an individual of the working class has triggered growth and wide acceptance on the concept of ‘occupational health insurance safety’ that’s required for moral and legal reasons also for financial reasons. Health and safety of workers in almost any professions or occupation is important to increase their efficiency and productivity. Occupational health insurance safety that’s also referred as OHS puts a requirement on the Employer to be sure the safety coming from all employees earning a living for him and related to his establishment against all occupational hazards. Occupational diseases include the diseases that the worker becomes victim of because of the nature of training that he undertakes. It is a part from the occupational hazards.
Due to your awareness spread against occupational diseases as well as the efforts with the ILO (International Labor Organization) to guard the workers from such hazards, most countries including United Arab Emirates have drafted laws to guard and provide for security precautions by the Employer to the prevention of occupational diseases. The dangerous labor relations law that’s the federal law no. 8 of 1980 (hereinafter often known as ‘what the law states’) has such measures enumerated within itself. The present article discusses the measure which the employer must take in order to be sure the safety from the workers from occupational hazards and diseases and also the responsibilities with the Employer towards a staff member in case the worker is diagnosed of your occupational disease.
As a part from the safety measures against occupational diseases legislation creates a requirement on the employer to provide employees with adequate protection means up against the hazards of occupational injuries and diseases that could take place through the work. The measures are as the following:
1. The first measure how the Employer should take is regarding awareness. The workers must be made aware concerning the occupational hazards and diseases he is subjected to during work. The Employer must with a prominent place with the work site display detailed directions related for the measures taken for that prevention of fire along with the protection of workers from your hazards that they will face on their performance with their work. Such instructions shall show up in Arabic language along with other languages that the staff understand because it is necessary that all the staff should comprehend the instructions.
2. The Employer is under duty to appoint physicians for the complete health checkup and also to examine for that symptoms of occupational diseases every 6 months. The results of those examinations can be recorded with the employer. The labor department is usually to be notified if the signs of any occupational diseases show up in the examination reports associated with a worker.
3. The employer should be to provide the employees with the medical treatment means in accordance using the standards determined because of the Minister of Labor and Social Affairs, along with conjunction using the Minister of Health.
4. The employer is additionally duty likely to adopt all other safety precautions set because of the Ministry of Labor and Social Affairs. The worker is going to be provided with safety gear and clothing with the purpose of protection from hazards.
5. Apart from this, the employer also has to offer for first-aid facilities for the employees. The cleanliness and ventilation on the work place ought to be as per the standards from the Ministry of Health. Also proper lighting, h2o and hygienic sanitary facilities need to be maintained at the effort place through the employer.
Schedule no. 1 in the law provides for the list of occupational diseases which include Poisoning by lead and it is compounds, Poisoning by mercury and it is compounds, Poisoning by arsenic as well as its compounds, Poisoning by antimony as well as components, Poisoning by phosphor as well as its compounds, Poisoning by petroleum, its products, compounds and also – products, Poisoning by manganese and its particular compounds, Poisoning by sulphur minerals and its particular compounds, Poisoning by petroleum, its gazes, compounds through – products, Poisoning by chloroform and carbonic tetrachloride, Disease as a result of radium or radioactive substances (x – rays), Chronic skin diseases, skin and eye burns, Damage caused on the eye by reason of heat and light along with the complications thereof, Lung diseases due to Silica Dust, Asbestos (Asbestos dust) or cotton dust, Anthrax, Edema, Tuberculosis and Typhoid Fever.
The law further offers compensatory reliefs to the worker onbeing clinically determined to have a occupational disease. The first relief the employer is supposed to deliver is medical care bills. The employer should be to bear all expenses for that treatment from the worker within a governmental or private local hospital until the worker recovers or his proved through the medical examinations for being disabled. Such treatment shall include costs of hospitalization or stay with a sanatorium, surgeries, x – rays and medical analyses, medicines and rehabilitation equipment, as well as the supply of artificial limbs and also other prosthetic appliances when disability is established. The employer can also be required to bear all costs of transportation from the process from the treatment.
In case where the worker struggles to work due to injury of disease, the employer is usually to pay him an allowance that may be equal to the whole wage for that entire amount of treatment, or for just a period of few months where the time period of treatment is more than a few months. The allowance is going to be reduced by half to the period following the half a year or prior to the worker fully recovers, is declared disabled, or dies.
The Law offers compensation in event of partial disability with the worker in a very permanent manner. In such cases an agenda is provided with what the law states where the number of compensation is provided according on the type and amount of disability.
In case of permanent and finish disability the compensation to get provided is similar on the compensation provided in the matter of death associated with an employee due to occupational hazard or disease. In case of death the family in the worker is provided using the compensation. Members of family who will be provided using the compensation would be the persons in the household who are totally or mainly dependent within the deceased worker. The beneficiaries thus are the following:
1. The widow (s).
2. The children, namely:
a. Sons under 17 yrs old, under 24 yrs . old regularly participating in academic institutions, and sons who will be mentally or physically incapacitated such an extent they are unable to earn their unique living. The term “sons” shall range from the sons on the husband or wife dependent for the deceased worker for the time of his death.
b. Unmarried daughters including also unmarried daughters from the husband or even the wife dependent for the deceased worker for the time of his death.
3. The parents.
4. The siblings in accordance using the conditions set with the sons and daughters.
The number of compensation awarded in case there is death of an employee is equal towards the basic wage with the worker for the period of two or three years. There is a minimum limit set for this compensation amount and that is eighteen thousand dirhams as well as the maximum limit is placed to thirty five thousand Dirhams. The last wage on the worker is usually to be considered while calculating the fundamental wage.
Such compensations shall stop provided to your worker inside following cases:
1. The worker intentionally gets injured so as to commit suicide.
2. The worker intentionally gets injured for compensation amount.
3. The worker intentionally gets injured for your sick leaves.
4. At the time in the accident the worker is intoxicated by alcohol or narcotic drugs.
5. The worker intentionally breached the security instructions from the employer.
6. The worker is injured on account of his gross misconduct.
7. Refusal, without valid cause, because of the worker to endure periodical medical examination in order to identify for occupational disease.