Decision of the Crown Prince, Chairman of the Executive Council
No. (42) of 2009
Concerning the Environment, Health, and Safety Management System for the Emirate of Abu Dhabi
We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council,
- Having reviewed Law No. (1) of 1974 regarding the reorganization of the Government Apparatus in the Emirate of Abu Dhabi and its amending laws.
- And Law No. (16) of 2005 regarding the reorganization of the Environment Agency – Abu Dhabi, as amended by Law No. (5) of 2009.
- And Law No. (21) of 2005 regarding Waste Management in the Emirate of Abu Dhabi.
- And Law No. (17) of 2008 establishing the Center of Waste Management – Abu Dhabi.
- And Federal Law No. (8) of 1980 regarding the regulation of labor relations and its amending laws.
- And Federal Law No. (27) of 1981 regarding the prevention of communicable diseases.
- And Federal Law No. (7) of 1993 establishing the Federal Environment Agency and its amending laws.
- And Federal Law No. (24) of 1999 regarding the protection and development of the environment and its amending laws.
- And Federal Law No. (1) of 2002 regarding the control of the use of radioactive sources and protection against their hazards and its amending laws.
- And Executive Council Resolution No. 2- C31 / 2006 regarding the adoption of the General Policy for Environment, Health, and Safety for the Emirate of Abu Dhabi.
- And Executive Council Resolution No. 10- C19 / 2007 regarding the establishment of the Higher Committee for the implementation of the Environment, Health, and Safety System in the Emirate of Abu Dhabi.
- And based on what was presented to the Executive Council, and its approval thereof.
We have issued the following Decision:
Article (1)
In the application of the provisions of this Decision, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires:
| The Emirate: |
The Emirate of Abu Dhabi. |
| The Executive Council: |
The Executive Council of the Emirate. |
| The Higher Committee: |
The committee formed by a decision of the Executive Council with the aim of following up on the implementation of the Environment, Health, and Safety Management System in the Emirate. |
| The Competent Authority: |
Environment Agency – Abu Dhabi. |
| The Relevant Authorities: |
The governmental or semi-governmental bodies responsible for regulating the concerned sectors, including:
- Department of Municipal Affairs: for the Building and Construction Sector.
- Higher Corporation for Specialized Economic Zones: for the Industrial Sector.
- Department of Transport - Abu Dhabi: for the Transport Sector.
- Health Authority - Abu Dhabi: for the Health Sector.
- Abu Dhabi Tourism Authority: for the Tourism Sector.
- Abu Dhabi Water and Electricity Authority: for the Energy Sector.
- Center of Waste Management - Abu Dhabi: for the Waste Sector.
- Any authority recommended for addition by the Higher Committee to be responsible for other sectors, and for which a decision is issued by the Executive Council. |
| The Concerned Sectors: |
The sectors that implement the Environment, Health, and Safety Management System in the Emirate, including:
- Building and Construction Sector.
- Industrial Sector.
- Transport Sector.
- Health Sector.
- Tourism Sector.
- Energy Sector.
- Waste Sector.
- Any other sector the Higher Committee decides to add. |
| The Entity: |
A legal person (institution/company/establishment/project or group) that carries out activities that may affect the environment, health, and safety of the workforce and the community in the Emirate. |
| Environment, Health, and Safety Management System: |
An integrated system prepared and implemented to include all considerations related to environment, health, and safety with the aim of protecting the environment, protecting human health, and ensuring the safety of workers in the workplace. |
| The Environment: |
The biosphere in which life manifests in its various forms, and this sphere consists of two elements:
A natural element:
Includes living organisms such as humans, animals, plants, and other living beings, and natural resources such as air, water, soil, organic and inorganic materials, as well as natural systems.
And an unnatural element:
Includes everything man has introduced into the natural environment, such as permanent and non-permanent structures, roads, bridges, airports, means of transport, and the industries, innovations, and technologies he has developed. |
| Workers: |
Natural persons who work for the employer or for independent contractors contracted with the employer. |
Article (2)
This Decision aims to implement the Environment, Health, and Safety Management System in the Emirate, by providing a unified mechanism at the Emirate level to facilitate the application of legislation related to environment, health, and safety, in order to protect human health and safety, protect the environment, and preserve natural resources.
Article (3)
The Higher Committee shall supervise the implementation of the Environment, Health, and Safety Management System in the Emirate, in coordination with the Competent Authority and the Relevant Authorities, and it shall specifically establish and approve the following:
- The general framework of the Environment, Health, and Safety Management System in the Emirate, its implementation mechanisms, and the preparation of reports to measure the system's performance at the Emirate level before they are submitted by the Competent Authority to the Executive Council.
- The mechanism for approving the systems prepared by sectors and entities.
- The mechanism for registering auditors concerned with auditing Environment, Health, and Safety Management Systems.
- Codes of practice and other guidance documents necessary for the implementation of this Decision.
- The list of entities identified by the Relevant Authorities for the purpose of implementing the System.
- Any other standards not mentioned in the legislation applied at the Emirate level, provided that a decision is issued by the Executive Council for them.
Article (4)
The Competent Authority shall undertake the following:
1. Review and approve the Environment, Health, and Safety Management Systems of the concerned sectors, in accordance with the requirements of the Environment, Health, and Safety Management System for the Emirate.
2. Oversee the Environment, Health, and Safety Management Systems implemented by the concerned sectors and their affiliated entities in the Emirate through inspection, and auditing them if the need arises.
3. Update the general framework of the Environment, Health, and Safety Management System, whenever necessary.
4. Submit periodic reports to the Executive Council on the performance of the Environment, Health, and Safety Management System at the Emirate level, in accordance with the reporting mechanism approved by the Higher Committee - and based on its approval.
Article (5)
The Competent Authority, in cooperation and coordination with the Relevant Authorities, shall undertake the following:
1. Establish additional standards related to the Environment, Health, and Safety Management System that are not included in the laws and regulations applied in the Emirate, and submit them to the Executive Council for issuance after their approval by the Higher Committee.
2. Develop appropriate mechanisms to ensure the implementation of the System at the Emirate level, provided that these mechanisms are approved and issued by the Higher Committee.
3. Provide all official information and publications about the Environment, Health, and Safety Management System to the various concerned authorities and entities.
Article (6)
The Competent Authority, in cooperation and coordination with the Relevant Authorities and other bodies, shall carry out the following activities:
1. Promote the importance of implementing the Environment, Health, and Safety Management System.
2. Develop an incentive system to provide assistance and support to concerned entities that prepare an Environment, Health, and Safety Management System in accordance with the requirements of the Environment, Health, and Safety Management System for the Emirate.
Article (7)
Each Relevant Authority shall supervise the implementation of the System in its concerned sector, and it shall, in particular, undertake the following:
1. Prepare its own Environment, Health, and Safety Management System in accordance with the provisions of this Decision.
2. Identify its affiliated entities that are required to implement the Environment, Health, and Safety Management System.
3. Review and approve the Environment, Health, and Safety Management Systems prepared by all its affiliated entities, in accordance with the requirements of the Environment, Health, and Safety Management System for the Emirate and the specific requirements of the authority.
4. Oversee the implementation of the System by its affiliated entities, through periodic inspection thereof, and auditing their systems if the need arises.
5. Submit reports to the Competent Authority on the performance of the Environment, Health, and Safety Management System at the level of its concerned sector, in accordance with the reporting mechanism approved by the Higher Committee.
Article (8)
Entities shall undertake the following:
1. Prepare and implement an Environment, Health, and Safety Management System within the scope of their work to protect workers, the community, and the environment from any negative impacts that may result from these activities, in accordance with the requirements of the Environment, Health, and Safety Management System for the Emirate, and any additional requirements specified by the Relevant Authority for the concerned sector.
2. Conduct an annual audit of their systems to ensure compliance with the requirements of the Environment, Health, and Safety Management System for the Emirate.
3. Prepare and submit periodic reports on the performance of their systems to the Relevant Authority for their sector, in accordance with the reporting mechanism approved by the Higher Committee.
Article (9)
The entities referred to in the preceding article of this Decision shall prepare and implement an Environment, Health, and Safety Management System within a period not exceeding two years from the date of being notified to do so by the Relevant Authority for their sector.
Article (10)
Each Relevant Authority shall establish an 'Environment, Health, and Safety Regulatory Unit' to supervise the implementation of the provisions of this Decision.
Article (11)
This Decision shall be published in the Official Gazette and shall come into force three months after the date of its publication.
Mohamed bin Zayed Al Nahyan
Crown Prince, Chairman of the Executive Council
Issued by us in Abu Dhabi
On: June 16, 2009 AD
Corresponding to: 23 Jumada al-Thani 1430 H