Cabinet Resolution No. 33 of 2022 Concerning Work Injuries and Occupational Diseases

§Preamble

Cabinet Resolution No. (33) of 2022

Concerning Work Injuries and Occupational Diseases

The Cabinet,

- Upon reviewing the Constitution; and

- Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, and any amendments thereto; and

- Federal Law No. (13) of 2020 Concerning Public Health; and

- Federal Decree-Law No. (33) of 2021 Regulating Labour Relations; and

- Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulations of Federal Decree Law No. (33) of 2021 Regulating Labour Relations; and

- Upon the proposal of the Minister of Human Resources and Emiratisation and the Cabinet approval, It is hereby resolved:

§Article 1 — Definitions

The definitions stated in the aforementioned Federal Law No (33) of 2021 shall apply to this Resolution; otherwise, the following words and phrases shall have the meanings assigned to each of them, unless the context required otherwise:

Medical Authority : Any federal or local governmental health facility that provide

health affairs in the State or any private health facility licensed to provide health services in the State/ Health Authority : Any federal or local governmental authority concerned with regulating health affairs, each within the limits of its competence.

§Article 2 — Identification of Work Injuries & Occupational Diseases

1. Occupational diseases shall be determined according to Table No. (1) attached hereto.

2. Work injuries that result in permanent total disability shall be determined in accordance with Table (2) attached hereto.

3. Work injuries that result in permanent partial disability shall be determined in accordance with Table (3) attached hereto.

§Article 3

Procedures and Requirements to be Followed in the Event of Work Injuries or Occupational Diseases If a worker sustained a work injury or an occupational disease as shown in Tables 1, 2, and 3 attached thereto, the employer or his legal representative shall act as follows:

1. Report the incident to the medical authority.

2. Report the competent police station according to the geographical scope. The report shall be made immediately in the event of a work injury as a result of an accident or any injury other than occupational disease, and the notification shall be from the date of the employer knowledge of the existence of a suspected occupational disease.

3. Report the Ministry through the channels designated for that within a maximum period of

(48) forty-eight hours from the date of his knowledge of the suspected occupational disease or from the time of the occurrence of any other work injury, provided that the notification shall include the name, age, occupation, nationality, work destination, and identity number of the worker and a brief description of the accident or the occupational disease, its circumstances, and the procedures that were taken to aid and treat the worker.

§Article 4 — Conducting Investigations into Work Injuries & Occupational Diseases

1. The competent investigation authority at the police station shall carry out the necessary inference and investigation procedures according to the procedures followed in this regard, immediately after receiving the report, provided that these procedures shall prove whether the occurrence of the injury was work-related or not, and whether its occurrence was expected or it was the result of any of the following reasons:

a. If the injury was a deliberate self-injury;

b. If the injury was a result of a direct consequence of the worker deliberate misconduct;

c. If the injury occurred under the influence of alcohol, drugs or other psychotropic substances;

d. If the injury was a direct consequence of a deliberate violation of the precautionary instructions affixed in conspicuous places at the workplace.

2. An inspector from the Ministry or the relevant authorities (health authorities or municipalities) shall assist the investigation authorities in collecting evidence if necessary.

3. The statements and information included in the investigation shall be considered mere inferences to be used by the medical authority, and it shall have the final decision regarding the existence of a work injury or not.

4. The investigation authority shall also provide the Ministry with a copy of the result of the procedures it carried out, along with a copy of the inference record.

§Article 5 — Medical Report

1. Upon completion of treatment, the treating medical authority shall prepare a report on the work injury or occupational disease, in which it shall specify the injury, the type of occupational disease, the cause of any of them, the date of its occurrence, its relevance to work, the duration of treatment, the degree of disability, whether it was total or partial, and the extent of the ability of the injured worker to continue to work.

2. The report of the medical authority shall be approved by the federal or local governmental health authority affiliated to it. The approval shall be based on the recommendation of a specialised medical committee or through any other system followed by the health authority. The report shall be given to the worker and a copy thereof to the employer, and a copy thereof shall be sent to the Ministry.

§Article 6 — Details of the Work Injuries & Occupational Diseases

1. All medical authorities in the State shall periodically provide the Ministry with data on work injuries and occupational diseases that they receive through approved electronic systems,

provided that the data shall include the name of the worker, identification number, nationality, place of injury, date of injury, Emirate, degree of injury, and name of the health authority.

2. All medical authorities shall record the data referred to in the item (in the national health file of the patient) of this article through the approved systems, and health authorities in the country shall verify this before approving the report.

§Article 7 — Employer Obligation for Work Injuries and Occupational Diseases

Compensation In cases of work injuries and occupational diseases, the employer shall pay the due compensation to the worker according to the Tables attached hereto, taking into account the following provisions:

1. The total disability of the function of any organ or part of the body shall be equivalent to the total loss of that organ or part of the body.

2. If the injured worker was left-handed, all compensations listed in the attached tables for left- hand injuries shall be considered as if they were for the right-handed.

3. In cases of corruption, mutilation or abnormal change of any body organ or any part of the body or any of the senses not mentioned in the tables attached hereto, the degree of disability shall be assessed by the competent medical committee.

§Article 8 — Updating Schedules

The Minister, in coordination with the Ministry of Health and Community Protection, may update Table No. (1) attached hereto regarding occupational diseases if needed.

§Article 9 — Publication and Enforcement

This Resolution shall be published in the Official Gazette and enter into force as of the day following the date of its publication in the Official Gazette.

Mohammed bin Rashid Al Maktoum Prime Minister

Issued by Us, On: 10 Ramadan 1443 A.H.

Corresponding to: 11 April 2022 AD

SCHEDULES ANNEXED TO CABINET RESOLUTION NO. 33 OF 2022 REGARDING WORK INJURIES & OCCUPATIONAL DISEASES

SCHEDULE NO. (1) Occupational Illness

Serial Diseases Disease-Causing Work No.

1 Poisoning by lead and lead Any occupation that requires use or handling of compounds lead or its compounds containing lead. 2 Poisoning by mercury and its Any occupation that requires the production, use or compounds disposal of mercury and its components, in addition

to any work involving exposure to dust or gases of mercury or its components or materials containing mercury.

3 Poisoning by arsenic and its Any occupation that requires the production, use or compounds disposal of arsenic and its components, in addition

to any work involving exposure to dust or gases of mercury or its components or materials containing arsenic.

4 Poisoning by Antimony and its Any occupation that requires use or handling of contents antimony or its components or exposure to the dust

or gases of antimony or its components or items containing antimony.

5 Poisoning by phosphorus and Any occupation requiring use or handling of its compounds phosphorus or its components or exposure to the dust or gases of phosphorus or its components or items containing phosphorus.

6 Poisoning by petroleum and its Any occupation that requires use or handling of similar products, gases, or its benzene and its derivatives or its compounds or

various compounds and exposure to the dust or vapours of benzene derivatives whether in solid, liquid or gaseous form.

7 Poisoning by manganese and Any occupation that requires the production, use or its compounds disposal of Manganese and its components, in

addition to any work involving exposure to dust or gases of mercury or its components or materials containing Manganese.

Serial Diseases Disease-Causing Work no.

8 Poisoning by sulphur and its Any occupation that requires use or handling of compounds sulphuric metal or its components or any items

having sulphuric content or exposure to the dust and gases of sulphuric metal and its components or any items having sulphuric content. 9 Poisoning with anaesthesia or Any occupation that requires use or handling of carbon tetrachloride chloroform or carbon tetrachloride or exposure to the gases containing them.

10 Diseases caused by radium or Any occupation that requires exposure or radium or x-ray reflective materials any other radio-active substance or X=rays. 11 Incurable skin diseases, skin Any occupation that requires use or handling of tar and eye burns or coal tar equipment, mineral oil or kerosene (or cement, flour or similar dust or any of their

compounds, products or residues). 12 Effect on the eye due to heat Any occupation that requires recurrent or and light and their effects continuous exposure to reflection of light, heat or radiation emitted by molten glass, hot or molten metals or exposure to powerful light and high temperature that could cause harm to eye or sight.

13 Diseases resulting from Any occupation that requires exposure to silicon

exposure to: dust or any items with silicon content in a 1 – Silica dust. concentration of more than 5%, such as work in 2 – Asbestos dust. rock cement factories, sandblasting of metals or any 3 – Cotton dust. other occupation requiring a similar exposure, as 4 – Any other dust that may well as any work requiring exposure to asbestos or cause lung injury. cotton dust to such an extent as to result in such a

disease.

14 Anthrax Any occupation that requires contact with animals

affected by such a disease or with their skins, horns and hair.

15 Ascites disease Any occupation that requires contact with animals

affected by this disease.

16 Pulmonary Tuberculosis Any occupation in hospitals providing treatment

patients affected by this disease. 17 Enteric Fever Any work in hospitals specialized in the treatment of this disease.

SCHEDULE NO. (2) PERMANENT TOTAL DISABILITY COMPENSATION ASSESSMENT

Disability Nature Of Permanent Disability Percentage Degree

1. Loss of both arms from the shoulder, or loss of any two or 100 more body parts.

2. Total loss of eye sight or loss of both eyes. 100

3. Total Paralysis. 100 4 Imbecility or total mental deficiency. 100 Total 5. Wounds or injuries to the head or brain that cause a 100 constant headache.

6. Total disfigurement of face. 100

7. Wounds and injuries in the chest and internal organs that 100 cause permanent and complete disruption in the functioning of the organs.

Table No. (3) PERMANENT PARTIAL DISABILITY COMPENSATION ASSESSMENT Disability Nature Of Permanent Disability Percentage Degree

1. Loss of both legs from the thigh. 90

2. Loss of hands from the elbow or above. 85

3. Severe disfigurement of the face. 80

4. Total loss of both hands from the elbow. 70 Partial 5. Total loss of right arm from shoulder joint or from the 70 elbow.

6. Loss of both legs from the knee or above. 70

7. Total loss of left arm from the shoulder joint or from the 60 elbow.

Disability Nature Of Permanent Disability Percentage Degree

8. Loss of one leg from the knee or above. 60

9. Loss of the right arm from or below the elbow. 60

10. Loss of one leg from the thigh. 60

11. Loss of both legs from below the knee. 60

12. Loss of right hand fingers including thumb. 60

13. Loss of left arm from above or below the elbow. 50

14. Loss of the left hand fingers including thumb. 50

15. Loss of one leg below the knee. 50

16. Total and permanent loss of hearing. 50

17. Loss of tongue or permanent dumbness. 45

18. Loss of both feet from the ankle or below. 45

19. Loss of genital organ. 45

20. Loss of sight of one eye. 45

21. Loss of right hand from the wrist. 38

22. Loss of thumb or four fingers of the right hand. 35

23. Loss of left hand from the wrist. 34 24 Loss of thumb or four of the left hand fingers. 25

25. Loss of one foot from the ankle or below. 20

26. Loss of all toes of one foot including the big toe. 20

27. Loss of three of the right hand fingers excluding the thumb. 15

28. Loss of the index finger of the right hand. 15

29. Loss of the phalanges joint of the right hand thumb. 10

30. Loss of the index finger of the left hand. 10

31. Loss of three of the left hand fingers excluding the thumb. 10

32. Loss of all toes foot of one excluding the big toe. 10

Disability Nature Of Permanent Disability Percentage Degree

33. Loss of big toe of one foot. 10

34. Loss of the last phalanges joint of the left foot great toe. 6

35. Loss of the right hand middle finger. 6

36. Loss of the left hand middle finger. 6

37. Loss of the right hand annular finger. 6

38. Loss of the left hand annular finger. 6

39. Loss of the right hand auricular finger. 6

40. Loss of one finger of the left hand. 6

41. Loss of the phalanges joint of any finger excluding the 5 thumb.

42. Loss of the right hand index finger second joint. 5

43. Loss of the foot toes excluding the great toe. 5

44. Loss of one molar tooth. 3

45. Loss of one canine tooth. 2