Clear responsibility on work-site safety



Causing an accident that costs a life would be an enormous burden for anyone. For one Indian expatriate, however, that burden became more than just guilt or personal responsibility - it became an extended jail sentence because he did not have enough money.

As The National reported yesterday, Sakeer Hussain Kutty, who was sentenced to three months in prison for accidentally causing the death of a colleague in June 2008, ended up serving three years because he could not pay the blood money to the victim's family.

Mr Kutty's case shows not only a case of personal tragedy, but an unnecessary waste of resources: he lost three years of his life, the courts dealt with repeated hearings in the case and the state paid for his incarceration. There has to be a better way.

Clear legislation on workplace safety, company responsibility and liability, and insurance and compensation claims could save time and expense, not to mention offer better protections for employees. At present, companies are not legally required to obtain liability insurance. In cases where accidents happen at the workplace, there is often an ambiguity about who should be held responsible.

Window cleaners without harnesses; construction workers without hard hats; welders without masks: we have all seen the hazards just by walking by a work site. Regulations for construction site safety in particular have improved in recent years but accidents will always happen. The question is, what then?

As in Mr Kutty's case, there is a practical element: some employees may not be able to pay compensation in the case of workplace accidents.

And on principle, employers should be more accountable for accidents that happen on company time (and, it is worth noting, Mr Kutty's former employer did pay part of the compensation that got him out of jail). Workplace accidents happen in the course of company business; that confers a responsibility on companies for their employees' welfare in case of accident.

In part it was thanks to the generosity of an Indian charity and a removal firm that Mr Kutty was released. An admirable gesture, certainly, but it was an ad hoc solution. Work-site accidents will happen; companies should prepare for them beforehand.

Our family matters legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Need to know

The flights: Flydubai flies from Dubai to Kilimanjaro airport via Dar es Salaam from Dh1,619 return including taxes. The trip takes 8 hours. 

The trek: Make sure that whatever tour company you select to climb Kilimanjaro, that it is a reputable one. The way to climb successfully would be with experienced guides and porters, from a company committed to quality, safety and an ethical approach to the mountain and its staff. Sonia Nazareth booked a VIP package through Safari Africa. The tour works out to $4,775 (Dh17,538) per person, based on a 4-person booking scheme, for 9 nights on the mountain (including one night before and after the trek at Arusha). The price includes all meals, a head guide, an assistant guide for every 2 trekkers, porters to carry the luggage, a cook and kitchen staff, a dining and mess tent, a sleeping tent set up for 2 persons, a chemical toilet and park entrance fees. The tiny ration of heated water provided for our bath in our makeshift private bathroom stall was the greatest luxury. A standard package, also based on a 4-person booking, works out to $3,050 (Dh11,202) per person.

When to go: You can climb Kili at any time of year, but the best months to ascend  are  January-February and September-October.  Also good are July and August, if you’re tolerant of the colder weather that winter brings.

Do not underestimate the importance of kit. Even if you’re travelling at a relatively pleasant time, be geared up for the cold and the rain.

The rules on fostering in the UAE

A foster couple or family must:

  • be Muslim, Emirati and be residing in the UAE
  • not be younger than 25 years old
  • not have been convicted of offences or crimes involving moral turpitude
  • be free of infectious diseases or psychological and mental disorders
  • have the ability to support its members and the foster child financially
  • undertake to treat and raise the child in a proper manner and take care of his or her health and well-being
  • A single, divorced or widowed Muslim Emirati female, residing in the UAE may apply to foster a child if she is at least 30 years old and able to support the child financially
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