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SCI-100 Environmental, Health and Safety (EHS) SCI-100 Environmental, Health and Safety (EHS) Legislation and Standards (CLO3) Learning Outcome To understand legal framework in UAE & Abu Dhabi To Analyze structures of OSHAD-SF systems International Framewo...

SCI-100 Environmental, Health and Safety (EHS) SCI-100 Environmental, Health and Safety (EHS) Legislation and Standards (CLO3) Learning Outcome To understand legal framework in UAE & Abu Dhabi To Analyze structures of OSHAD-SF systems International Framework ILO Occupational Safety and Health (OSH) Standards The International Labour Organization (ILO) has many Conventions, Recommendations and Codes of Practice. 1. GUIDING POLICIES FOR ACTION 3. PROTECTION AGAINST SPECIFIC RISKS The Occupational Safety and Health Convention, 1985 The Asbestos Convention, 1986 (No. 162) and its (No.155) and its accompanying Recommendation (No. 164) accompanying Recommendation (No. 172) Emphasis the need for preventative measures and a coherent Give managerial, technical and medical measures national policy on OSH. to protect workers against asbestos dust 2. PROTECTION IN GIVEN BRANCHES OF ECONOMIC ACTIVITY 4. MEASURES OF PROTECTION The Safety and Health in Construction Convention, 1988 Migrant Workers (Supplementary Provisions) (No.167) and its accompanying Recommendation (No. 175) Convention, 1975 (No. 143) Stipulate the basic principles and measures to promote safety Aims to protect the safety and health of migrant and health of workers in construction. workers. Employers Responsibility ILO Recommendation 164 To provide and maintain workplaces, machinery and equipment, and use work methods, which are as safe and without risk; To give necessary instruction and training; To provide adequate supervision of work practices; To institute suitable occupational health and safety management arrangements appropriate to the working environment; To provide, without any cost to the worker, adequate personal protective clothing and equipment Employee responsibility ILO Convention 187 Take reasonable care for their own safety and that of other persons who may be affected by their acts or omissions at work; Comply with instructions given for their own health and safety and those of others; Use safety devices and protective equipment correctly and not to render them inoperative; Report forthwith to their immediate supervisor any situation which they have reason to believe could present a hazard; Report any accident or injury to health which arises in the course of or in connection with work. Non-Compliance Consequences of non- compliance loss of competitive advantage; inability to compete for certain contracts; fines imprisonment. UAE EHS Legislation Introduction The United Arab Emirates has signed a technical cooperation agreement with the International Labour Organisation (ILO) to provide decent working conditions. The Labour Law, Federal Law No 8 of 1980 (as amended) Ministerial Resolution No 32 of 1982 concerning methods of preventing employees being harmed by hazards in the workplace Ministerial Resolution No 37/2 of 1982 concerning standards of medical care an employer must provide for their employees Ministerial Resolution No 4/1 of 1981 concerning the limitation of working hours in hazardous industries Ministerial Resolution No 5/1 of 1981 concerning the prohibition of minors from working in defined hazardous industries Ministerial Resolution No 6/1 of 1981 concerning the prohibition of women from working in defined hazardous industries 9 The Labour Law, Federal Law No 8 of 1980 (as amended) Code of Clauses: 1. definitions and general provisions. 2. The employment of workers and the occupation of youth and women labourers. 3. Work contracts, Registers and Wages. 4. Working hours and leave. 5. The health and Social Security, Protection and Care of Workers. 6. Disciplines Regulation. 7. Termination of a work contract and end of service 8. Compensation for occupational injuries and diseases 9. Collective labour disputes 10. Labour inspection specifically relating to, or 11. Sanctions impacting upon OSH are titles 12. Final provisions. five, eight, ten and eleven. 11 Title 5 The health and Social Security, Protection and Care of Workers Articles 91 – 101 Article 97 – the definition of specific requirements in Article 91 – providing workers with adequate workplaces such as; appropriate controls for protection against hazards and any subsequent injuries and diseases hazards Article 92 – the display of signs to warn employees Article 98 – providing information to employees of of the presence of specific hazards the hazards faced in the workplace Article 93 – the provision of first aid boxes, their Article 99 – the prohibition of alcohol in the contents and procedures for use. workplace Article 94 – the provision of clean and ventilated Article 100 – the requirement for workers to follow workplaces safety instructions given to them and not misuse any Article 95 – the requirement to record medical items provided for their protection examinations for employees every 6 months Article 101 – the provision of certain facilities and Article 96 – the provision of medical care for equipment when employees are working in remote employees (by the employer) areas of the UAE 12 OSH in Abu Dhabi Individual emirates have their own Executive Council approved the “Abu legislative frameworks of varying Dhabi Emirate EHS Policy” in 2006 complexity to control occupational Ministerial Decree No 42, was brought health and safety. into force into the Abu Dhabi Environmental Health and Safety The emirates of Abu Dhabi and Management System (EHSMS) in 2009 Dubai were the first to have Executive Council issued a Decree specific health and safety codes of approving the establishment of Abu Dhabi practice and are the most Occupational Health and Safety Centre – developed. OSHAD) 14 Abu Dhabi Occupational Safety and Health (OSHAD) Aim is to ensure the implementation of the Abu Dhabi Emirate Environment, Health and Safety Management System Supervises the implementation of OSHAD SF by government departments, sectors and individual entities Investigation of occupational health and safety incidents, audits and inspections. Abu Dhabi Public Health Center (ADPHC) is responsible for supervision and monitoring of the implementation of Abu Dhabi Occupational Safety and Health System Framework (OSHAD SF) 15 Objectives of Abu Dhabi Occupational Safety and Health System Framework (OSHAD SF): OSHAD SF aims for the following: - Control of risk and incidents reduction. - Improving the occupational health for workers. - Provision of innovative workplaces and developing the human resources. - Consolidate the status of worker and his morale, as he considered as main element in development process. - Minimizing the medical treatment costs and absenteeism, and increase the productivity. - Enhance the reputation of the employers OSHAD Implementations The sectors regulatory authorities are delegated by the competent authority according to the Degree No. (42) for 2009. Currently there are ten sectors regulatory authorities, in addition to the governmental entities which managed by the competent authority ADPHC Center. These are called Sector Regulatory Authorities (SRAs) such as industry, building and construction, energy, transport, tourism and culture, health, education, food, waste and commercial activities sector 16 OSHAD-SF Systems Manual has been designed to explain Mandatory OSHAD-SF requirements and to present OSHAD-SF Non-Mandatory the documents included in brief. Elements: OSHAD-SF Management Glossary of System Elements are the minimum Manual Elements Terms mandatory requirements that entities required to develop an OSHMS must Standards Code of Standard incorporate into their systems. and Guideline Mechanism Practice Forms Values Glossary of terms is a mandatory document and entities must ensure usage Technical Guidance Guidelines Documents during the development of their systems. 17 OSHAD-SF Systems A code of practice (CoP) provides Mandatory minimum mandatory OSH technical OSHAD-SF Non-Mandatory requirements on a specific subject (e.g. Hazardous Materials). Glossary of Manual Elements Terms Standards Code of Standard and Guideline Mechanism Practice Forms Values The OSHAD-SF Mechanisms describe mandatory OSHAD-SF implementation Technical Guidance processes and procedures (e.g. OSH Guidelines Documents Incident Reporting). 18 OSHAD-SF Systems Standard forms have been developed to Mandatory assist this process and to ensure OSHAD-SF Non-Mandatory standardization of information submitted. Standards and Guideline Values include Glossary of Manual Elements occupational threshold and exposure levels. Terms however are based on international and local best practice. Entities are encouraged to incorporate these requirements to the extent Standards Code of Standard possible, alongside other applicable and Guideline Mechanism international and local standards. Practice Forms Values Technical Guidance Guidelines Documents 19 OSHAD-SF Systems Mandatory Technical Guideline provides OSHAD-SF Non-Mandatory non- mandatory information and guidance on how to achieve a requirement as defined in the Glossary of OSHAD-SF Manual Elements Terms Guidance documents assist entities in understanding OSH and Standards its benefit Code of Standard and Guideline Mechanism Practice Forms Values Technical Guidance Guidelines Documents 20 OSHAD - Role of Employer OSHAD-SF – Element 1 – Roles, Responsibilities and Self Regulation Section 3.2.5  Employers shall provide and maintain of their employees, contractors, and relevant other persons a workplace that is, as far as reasonably practicable, safe and without risk.  Employers shall employ persons who are competent in relation to the management of the OSH to provide advice about the management of such issues.  Ensure appropriate control measures and other safe systems of work are implemented in line with the requirements of OSHAD- SF – Element 2 – Risk Management shall be completed to identify all hazards.  Provide and maintain plant, equipment and/or system of work that are, as far as is reasonably practicable, safe and without risks to health.  Emergency Response Plans are developed, implemented and regularly tested 21 OSHAD - Role of Employee OSHAD-SF – Element 1 – Roles, Responsibilities and Self Regulation Section 3.2.7  Not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interest of health, safety and welfare.  co-operate with the employer so far as is reasonably practicable to enable any duty placed on that employer.  comply with the provisions so far as they relate to matters which are within their control  Shall report to the employer all instances of actual and potential noncompliance 22 Safety Officer/Safety Professional Requirement The federal Ministerial Resolution No 32, Article 26 A safety officer tasked with preventing hazards, and supervising the implementation of control measures 150-999 employees: Full time industrial safety officer (graduate of an industrial high school with relevant experience in the field of industrial safety) Above 1000 employees: A safety officer who is an engineer or qualified technician in industrial safety and has relevant experience. Additional safety officer for every 1000 workers employed. 23 Federal Law No 8 of 1980, Title 11 (Sanctions) Offences and Penalties Imprisonment and/or a fine of AED 10,000 for: 6 months Imprisonment and/or a fine of AED 3,000-10,000 for failure breaching any Law, Regulation or Ministerial Decisions to: preventing or attempting to stop an remove/correct a violation official (labour inspector) in the take measures to protect workers implementation of any Law disclosure by an official any commercial from hazards information. prevent a serious hazard occurring report an occupational accident or A fine of AED 50,000 and imprisonment for death. subsequent offense for: employing a foreigner without obtaining a work permit closing down or ceasing an activity completely without the settlement of the insured persons. Penalties can be compounded where there are repeat offences, and aggregated where a number of employees are affected, up to a maximum penalty of AED 5,000,000 24

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