As a matter of fact the Safety Officer has to insist the implementation of the observation raised by him in safety hazard. If the accident is occurred due to negligence then obviously everyone will be held responsible.
By neglecting and avoiding to do an act which needs to be performed, and By doing an act which not to be performed is also an offence. Here the Safety Officer has to identify the Safety Hazard and pass the necessary instruction to the executing team to rectify the defect. If the execution Team is not performing the Safety Officer is having all the right to stop the work. Here the Safety Officer has failed to identify the Safety Hazard and failed to instruct the team for rectification or failed to ensure its rectification. Hence this arrest.
Normally any accidents site will be barricaded and the work at the place must be stopped till the inspection is carried out by the Factories Inspector. If the Factories Inspector satisfies about the rectification work then only he will permit for resuming the work at the Accident Place.
As this is a fatal accident the Police team also visit the accident site and inspect the cause of death and if the Investigating officer feels the accident is due to mere negligence then obviously Section 304-A of IPC will apply and the Manager of the Factory will have to be arrested. But if the investigation officer records in his findings that the fatal is caused due to accident and no such negligence took part and there is no such complaint from the relatives of the deceased then the investigation will be carried out under Section 174 of Cr.P.C.
It is shoking to hear that a Safety Officer has been arrested for the loss of lives of four workmen in a tyre company in the State of TN. Firstly, police have acted in a haste and would have gone into details and investigated as who is the occupier of the factory under Factories Act, 1948. Section 2(n) of the Factories Act, 1948, as introduced by the Amending Act of 1987, defined occupier of a factory as the person who has ultimate control over the affairs of the factory. Act enumerates, one of the directors to be the occupier, as such, any director declared as the "occupier" shall be prosecuted and punished under this Chapter for any offence.
It is the duty of the occupier under the act to ensure health, safety and welfare of all the workers while they are at work.
Making safety officer responsible for the mishap and resultant death of four workmen is totally unprofessional and unethical. In fact, hundres of thousants of company's in India don't simple adhere to basic safety norms /guidelines as enumerated in the Factories Act, 1948. Adherence to safety guidelines call for investments which factories owners consider it as wastage of money. For such people, money is important than the human lives. What they don't realise that loss of life cannot be compensated by paying few lacs of Rupees. After the death of a earning member, life of his family goes into peril forever.
Legislation in India is very good for holding occupiers responsible for safety, health and welfare of the workers but, enforcing agencies don't have "will" to prosecute those responsible for such accidents for the reasons best them to all of us. We should have fast track courts to take up atleast such cases where fatal /seriuos permanent total injuries take place due to unsafe working conditions. Once, prosections are awarded by a fast track courts, it will create a sense of fear among the occupiers and will implement safety norms in the plant and make lives safe and secure.
Apart from this, safety trainings /awareness should also be made core fundamental /values of every institutions and a safety personnel here needs to play a proactive role. I feel, safety awareness is very important and small measures can make a lot of difference.
Rakesh Pd Srivastav
If someone should be arrested for this incident than it has be the Factory Manager/Occupier.Because safety of employees is prime responsibility of occupier.
As truly said that Safety Officer is only advisory body only and cant be arrested and charged.
This is really ridiculous and we all must oppose this.
I am not in agreement with you because, if the advices given by the safety officer is not followed by the Execution team, the Safety Officer has to raise the issue to Management level. Even if the Management is not following the advices given by the safety officer, then he must continuously remind the safety Hazard to the execution team, with an additional line, that it may endanger the lives of the workers/employees. Even after the reminder the execution team/management not responding then he can produce the same to the Police Official and even court to safeguard him.
As per Factory Act Sec-117, No Suit, prosecutions or other legal proceeding shall lie against person for anything which is in good faith done or intended to be done under this act.
The all Safety Officer has been working in good faith under the Act , So arrest of safety officer will be illegal.
The safety officer have to right for FIR against arresting body on behalf of defamation.
I fill that if such type practices continued than no one will ever dare to become safety officer. They are working for good reasons and FIR are filed against them making them fill guilty and criminal. The person who has never entered into the police station, and who himself working to prevent accident has to face criminal proceedings of death due to his negligence which is actually not his negligence.
Now one question coming to my mind if one person died on road accident (not in factory). Now if proper speed breakers were in place than it could have been prevented. If proper sign bards like sharp turn ahead was in place then it could have been prevented. If The person was wearing safety helmet then he may have not died. Now police will file FIR against whom?
1. Government who made speed breakers after accident
2. Government who displayed sign board after accident
3. Traffic police/RTO who did not caught him for not wearing helmet.
Safety officer reports to the factory manager. His duty is to investigate that accident and advise management for various preventive measures to prevent any further accident or change the procedure if required. External agencies like police should not question safety officer they should always question Senior general manager or any other higher authority persons nominated in factory and investigate that accident properly. If management is making safety officer responsible than safety officer should produce all his records to the police like advises he has given to management but not followed or taken lightly.
I strongly fill that some strong legal rule should be made to safeguard all safety officers who are working to prevent accident and who are not GOD.