First Aid Legal Considerations - UAE

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First Aid Legal Considerations

Presented By:Iain McIntyre


Domestic Arrangements


Fire / Fire Assembly PointBreak times

Tea / CoffeeLunchTea / Coffee

ToiletsSmokingQuestionsNotes / HandoutsMobile Phones.

Domestic arrangements


Introduction

Name:

Company:

Occupation:

Any previous First Aid experience?


Course Timing Details

09h00 to 17h30 Approximately

Tea break: 10h30

Lunch: 12h30

Tea break: 15h00


Legal Considerations

UAE. The Good Samaritan principle means a range of different thingsaround the world both in accordance with legislation, custom andpractice.

It is human nature to want to help another who needs medicalassistance, but in todays society, there is understandable concern thatindividuals who attempt to help another may be at risk of having aclaim brought against them if that person suffers harm as a result oftheir intervention.


Legal ConsiderationsThere is often confusion as to what the legal liability will be in the UAEwhen a person administers first aid, and what, if any, the legalconsequences will be in the event the injured person dies as result oftheir injuries. The following three points, in accordance with UAE Lawand Shariah Law will be discussed in the following slides:

- Is the concept of a Good Samaritan recognised within the UAE?

- Can a person who administers first aid be held legally accountablefor any subsequent injuries, and or causing death in the event theinjured person dies?

- The recommended approach for the delivery of first aid in the UAE?


Legal Considerations- Good SamaritanWhile the origins of the Good Samaritan principle are based on a religiousparable, over time it has developed to include rescuers and first aidofficers administering first aid in the aftermath of an emergency. Variousauthorities around the world have established legal precedent where thelaw does not require a member of the public to act as would a GoodSamaritan.

However, if a person chooses to do so then, in most jurisdictions, the lawoffers protection to the Good Samaritan from civil compensation claimsand/or criminal cases, except to the extent that their own acts causeddamage beyond that which the injured would have suffered if the GoodSamaritan had not intervened.


Legal Considerations-UAE LawThe UAE does not have a stand-alone Good Samaritan law, unlike otherjurisdictions. Over the past few years, there have been news reports of adraft law under consideration, but as at the date of this article, no such lawhas yet been published.

Typically, the key provision contained in Good Samaritan laws provides legalimmunity for those individuals that administer first aid in a rescue situation,when they themselves acted in good faith and without remuneration. Ofcourse, other considerations include the informed consent, parental rightsand the right of the victim to refuse treatment. In the UAE, pursuant toarticles 342 and 343 of the Penal Code (Federal Law No. (3) of 1987 asamended) (Penal Code), a person may be punished if they cause the deathor injury of another person.


Legal Considerations-UAE LawIn accordance with the Penal Code, causation can attach where the personrefrained, at that moment, from helping the victim in spite of the factthat he was capable of doing so or if the crime was committed as a resultof the offenders failure to perform the duties imposed on him in theperformance of his function, profession or craft

However, pursuant to article 52(3) of the Penal Code, no crime is committedwhere medical treatment is performed in accordance with generallyaccepted scientific principles and with the express or implied consent of thepatient, or if medical interference is required in emergency cases.Therefore, no criminal liability will attach to an individual performing firstaid in a rescuer situation, as long as the conditions of article 52 of the PenalCode are met.


Legal Considerations-Shariah LawBased upon a Fatwa authored by the Official Iftaa Centre, General Authorityof Islamic Affairs & Endowments on First Aid Procedures in 2010 (First AidFatwa), first aid must be administered by all people in accordance withShariah

The Fatwa states (as translated): Islamic Shariah is based upon the fivenecessities, one of which concerns the preservation of ones life andproperty. Therefore, the provision of first aid can be seen as both an Islamicduty and a humanitarian necessity, as the first-aid is administered to savepeoples lives and relieve their pain. Any trained medical person,particularly in emergency situations, do their best efforts to proveimmediate relief, and this is supported by the general provisions of Shariahthat call for co-operation, helping the needy and relieving inflicted people.


Legal Considerations-Shariah Law

Therefore, in accordance with the Fatwa, no criminalliability will attach to an individual, in respect of bothShariah law and UAE law when they perform first-aid.The opposite is true; those that do not assist when theywitness a person suffering can be held criminallyaccountable.


Legal Considerations-Shariah Law

The UAE legislation and Shariah Law principles cited should not beinterpreted to suggest that a rescuer is expected to be competent to treatsomeone suffering from a heart attack, and that if they fail to do so, theywill be held responsible in the event of the individuals death. Rather, therescuer should seek medical assistance for the victim as soon as possible inorder to discharge their duty.


Legal Considerations-Safety Officers

A first aider or safety officer should not be afraid to do their job for fear oflegal repercussions. If a first aider witnesses an accident at work and fails todo anything to help, and the victim dies or is seriously injured, then theymay find themselves falling foul of the Penal Code. However, where theyadministered first aid, within their competence, and then took thenecessary steps to seek external expert medical assistance where required,criminal liability should not attach to that person should the first aid not beenough to save or treat the patient.


Legal Considerations-CompaniesIt is essential for companies with an in-house first aid capability to ensurethat the persons are suitably trained and have the necessary equipment andresources at their disposal in case of an accident or incident. The UAEFederal Labour Law (Federal Law No. (8) of 1980 as amended) (Labour Law)and Ministry of Labour Decisions No. (32) and No. (37/2) of 1982 specify theminimum requirements for first aid supplies, but companies are free to (andarguably should) adopt a higher standard and can include additionalsupplies.

By way of example, the Labour Law does not require companies to have adefibrillator, but if a company chooses to install one, then they must alsoensure their staff is suitably trained to operate it.


Legal Considerations-Cultural Sensitivities

Questions often arise as to whether there are religious or gender-basedrestrictions on who may provide first aid to whom.

As the UAE Law does not address cultural issues that may arise when arescuer or safety officer administers first aid, we can only take guidancefrom the First Aid Fatwa

However the cultural influence of Wasta should also be considered andnever ignored!


Legal Considerations-Cultural SensitivitiesThe First Aid Fatwa deals with both questions

Is it permissible in accordance with the Shariah Law for a non-Muslim toadminister first aid to a Muslim and can a male administer first aid to afemale?

Both are answered in the affirmative, that is that anyone can administerfirst aid in situations where there is an emergency, and they will not bepunished for doing so in circumstances where they are a different religionor different gender to the injured person.

In practice however, companies should ensure that where any employeeshave a particular objection in respect of who may administer medicaltreatment, that such information is clearly recorded in their file.


Legal ConsiderationsRecommended approach to first-aid

Provided persons act within their competencies and take reasonable andproportionate measures when an accident occurs, then the Good Samaritanshould not fear adverse legal consequences in the UAE. If an emergencyarises, and the first responder is not medically trained, then they are undera positive obligation to seek immediate medical assistance. No one shouldignore another mans peril, as that will be against Shariah principles andUAE Law.

Guidance from Rebecca Kelly, Clyde & Co posted May 2014

http://www.bi-me.com/main.php?c=3&cg=4&t=1&id=65573


Any Questions?

Slide Number 1Slide Number 2IntroductionSlide Number 5Legal ConsiderationsLegal ConsiderationsLegal Considerations- Good SamaritanLegal Considerations-UAE LawLegal Considerations-UAE LawLegal Considerations-Shariah LawLegal Considerations-Shariah LawLegal Considerations-Shariah LawLegal Considerations-Safety OfficersLegal Considerations-CompaniesLegal Considerations-Cultural SensitivitiesLegal Considerations-Cultural SensitivitiesSlide Number 18Legal ConsiderationsSlide Number 20

First Aid Legal Considerations - UAE

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