Boss2966
Industrial Relations
Sumitk.saxena
Service/manager-hr
Hansa Vyas
A Good Learner Always
Subbarao.v
Esi & Pf Consultant
Shreepada
Asst.manager-hrd
Vviji75
Health And Safety
Manishanand83
Safety Executive
Rakesh Pd Srivastav
Chief Manager - Hr (plant Head Hr)
JIGGY4SAFETY
Safety Officer
+9 Others

Thread Started by #manishanand83

Dear All,
This is a serious issue in connection with fatal accident (4 workers died) in a fire accident
happened in solvent preparation area at TVS Srichakra tyres ltd, madurai, tamilnadu. In this incident safety officer of the unit had been arrested & charged under 304A (Negligence in act causing death).
This is highly ridiculous because safety officer has only advisory role and not enforcing authority (same was mentioned in tamilnadu factories rules & factories act).
Hence we request all the safety professionals should support for this issue for non repeating of this kind of incident in future.
Please raise this issue.
Thanks & Regards
22nd September 2012 From India, Mumbai

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Dear all,
This is very serious issue but arresting the safety officer is not fair. police should investigate the case clearly what are the backlog from management for safety issue and which person connected with this accident hass to be arrested
22nd September 2012 From India, Mumbai
Dear Manish

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.
22nd September 2012 From India, Kumbakonam
Dear Manish Anand,

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.

Regards,

Rakesh Pd Srivastav
24th September 2012 From India, Gurgaon
Dear All,
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.
Regards,
Hansa
24th September 2012 From India, Udaipur
Dear Hansa
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.
24th September 2012 From India, Kumbakonam
Safety Officer major Responsibility to finding the Hazardous and rectify the same, As a Matter of Fact, the Safety Officer has to insisist the implementation of the observation raised by him in Hazardous, if the accident is occured due to negligency, then obviously every one (Safety Officer, Factory Manager & Occupier) will be held responsible.
24th September 2012 From India, Bangalore
As a matter of fact other employees are mostly involved in the production and they are much worried about the productivity. Hence there are chances for them to view the hazard to escape from their eyesight. But the Safety Officer is appointed only to observe and pass the rectification instruction to the execution team. Hence the Safety Officer is the prime party to held responsible for any accident.
24th September 2012 From India, Kumbakonam
Dear All,
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.
Regards,
B.K.Mishra
24th September 2012 From India, Jaipur
Dear All,

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.

Regards,

Aquadefonte
24th September 2012 From India, Mormugao
Dear Bhaskar, Yes Morally Safety officer is responsible but legally Factory Manager/Occupier is responsible. Regards, Hansa
24th September 2012 From India, Udaipur
Dear manish,

Whether the arrest is valid or not, it is an unfortunate incident to read about it.

I disagree that safety officer has only advisory role. Without his certificate, that proper safety instructions & equipement is given, no employee can even enter the site.

Without his consent, no operation takes place on any site.

Every safety officer, before supporting this call, should also check the facts.

1. If it was maintenance work, was the work carried out with safety department cosent & approval?

If it was regular work, was the work procedure approved by safety department?

2. Are there records of the safety trainings delivered to respective employees?

3. The news talks about fall from 75 meters. Was there no safety fence / harness? Did the employee detach harness / jump over the fence?

4. Was there no provision of Automatic / manual fire extinguishing system in that fire prone zone? Was the location of it not proper?

All above things fall in the responsibiltiy of safety officer. if they are followed properly, then it is very unlikely that such a accident has happened.

This is just an arrest, & let's hope that he could produce proper justifications of his work.

If he fails to produce these proofs, then he should be held legally responsible for the accident.

It cannot be forgotten, that some people have lost their lives... & possibility is, it may not be their fault...
24th September 2012
Dear All,
As a safety officer i know under which circumstances a safety officer had to work in an organization where productivity is the main criteria.Many a times works are carried out without keeping Safety officer in loop, and also sometimes when a safety officer intervene then higher authorities speak about calculated risk.The word Safety only get priority in some top grade MNC'S in India where safety is incorporated in each and every step,ie you have to take clearance from safety department from vendor registration to purchase order or job order release other than permits for doing day to day jobs.
So my point is that before arresting any Safety officer people have to ensure the system is full proof before arresting any one.
Factories Act And Factories Rule clearly states that Safety Officer is no way responsible for any unwanted incidents.
My full support is with you who are fighting the battle in favour of that poor Safety Officer.
Thanking All
Anjan Bandyopadhyay
24th September 2012 From India, Mumbai
Dear all
It is true that most of the companies in India, just keeping safety officer for namesake and not following any safety rules / procedures up to the mark. We don't know what is the scenario in this case. Safety officer also has responsibility in the work. As a safety professional, he must identify the hazards and intimate to the management. Also he shall derive control measures incorporate with the execution team and suggest the same to follow during the work. If there is a deviation in following those rules, he shall take up the issues up to the top management in an official manner. These are the things which protects a safety officer if anything goes wrong. This thing could be done only by a professional safety officer. If he failed to do the same then sure he also a guilty person.
24th September 2012 From India, Bangalore
The Occupier or the Manager under the Factories Act is the person to be prosecuted.But the establishment would always favour the rich and powerful if a scapegoat can be found.So it is not something unusual for arresting and remanding the' lowly' Safety officer.It happened very recently in a power plant at Tuticorin too.
Thanks,
Sanu Soman
24th September 2012 From India, Madras
The safety officer responsibility is to ensure whether those things are installed in an appropriate manner. If it is not in place then he should recommend the management to install the same. If he fails then he also one of the person among the others to be arrested. His duty is not just simply standing and watching the work.

24th September 2012 From India, Bangalore
Dear All That is injustice to arrest the Safety Officer.For lack of administration & law & order deterioration could arrest the Chief Minister/Prime Minister? Other high officers?
24th September 2012 From India, Madras
Dear All,
It is really not good & fare at the part authorities, but still I would like to say that first of all the case needs to be investigated, whether or not safety officer advised for some improvement in the same regard. Safety officer should be responsible, if he/she did not turn his/her ears towards the negligence due to which accident occurred. Friends legally, he may not be responsible but he shall be considered at fault in that case.
Still arresting a safety officer without any inquiry is ridiculous & we must protest. I am full throat against to this incident.
Regards,
Inderjeet Singh,
"Born to lead."
25th September 2012 From India, Rajsamand
The duty of police in cases of construction accident is to investigate the causes and not to arrest any company officer coz all the deciplinary action to the workers and officer in connection of performance of duty is rest on the company becouse they are only hired for implementing company policies rules and regulations. the arresting of Safety officer is illegal unless the safety officer intentionlly or criminally liable of the offence or it is included in the Special laws of your country? The safety participate only in the investigation for the purpose of correcting the hazard to avoid accident re occurence at the job site, when accident happened and found out that the company violate and not complied with the rules and regulations pertaining to the safety and health of workers is ground for cancelation of licensed and charge for civil liabilities? when the safety officer found that have negligence to his duty the company give him punishment correspondng to the violations like Dissmisal?

not the police give him punishment coz he is working only under company. so the police accuse the company not any worker of the company. and the company punish worker as a protocol.

FFB.
26th September 2012 From Qatar
Yes, if someone fails to do his basic duties mentioned as per law of the land can be prosecuted.
In 2009 an incident happend in one of the reputed companies in UAE,an employee working on the roof fell and died.The project Director,the engineer and the safety officer was convicted for six months impresonment and to pay compensation of three hundred thousand Dirhams to the next of kin of the deseased.The judgement says these responsible persons failed to stop the activity during a strong wind which caused the fall and death of the worker.
later they appealed to the higher court and rejected the lower court verdict proving some technical failures in the part of worker.
26th September 2012 From United Arab Emirates, Dubai
Dear Mr. Padmanabhan
The law in UAE is very stringent and the Government is strictly enforcing the law and the bribing rates may be less comparing to India.
In India we are facing this type of problem in Tamil Nadu and in Major Metro Cities and not in other places. These arrests in India are made only to satisfy the Media people and not to punish anyone or to justify the accidental death. In India, the concerned company has to pay the Compensation to the family of the deceased as per the WC Act and on payment of the compensation the company's responsibility will be over. If the IR person is kind enough then he will contact the family of the deceased and arrange to get the PF Pension to the family members (Maximum 3 members).
26th September 2012 From India, Kumbakonam
Arresting of Safety personal due to incident & blaming negligence is not a right way to treat the occupational incident probation. As per BOCW act & Factories(latest amendment) act-
1. Occupier / in charge of particular activity is responsible for Safety & health of their workman.
2. Responsibility of safety officer is to identify hazard & communicate same to in-charge/employee , if supervisor/in charge is failing to communicate same he is responsible.
>>> Find out the proof of unsafe activity communicated by Safety Officer in TRAINING/TOOLBOX/UNSAFE REPORT of the plant & produce same to legal authority for same.
>>>> There is latest amendment in Factories Rule 5 & 6(I don\'t have copy of same) that state responsibility of hazard communication & accountability>> PRODUCE THIS TO AUTHORITY
>>>Take copy of HSE policy,plan,JHA committed by Company stating that who is responsible & produce same.
>> Approach DGFLSI & ministry of labor for interruption in same.
IN MY VIEW USING THIS
28th September 2012 From India, Visakhapatnam
Please can any one tell me about the section and rules defining qualification of safety officer as per factory act and gujarat factory rules?
4th July 2015 From India, Gandhinagar
Whenever there should be a negligence in duty accident occurs but only safety officer & Manager operation is liable then what is the role of employer/occupier. We express our protest in the matter of arrest and urge government to release them unconditionally.
Thanks & Regards,
From,
Sumit Kumar Saxena
6th July 2015 From India, Ghaziabad
Yes why not safety officer is appointed in those units where there is employment of 1000 or more worker in the unit, secondly as far as qualification is concern should be,

Qualifications.-(a) A person shall not be eligible for appointment as Safety Officer unless he:

(i) Possesses a recognised degree in any branch of engineering or technology and had practical experience of working in a port or similar place in a supervisory capacity for a period of not less than two years; or possesses a recognised degree in physics or chemistry and has had practical experience of working in a port or similar place in a supervisory capacity for a period of not less than five years; or possesses a recognised diploma in any branch of engineering or technology and has had practical experience of working in a port or similar place in a supervisory capacity for a period of not less than five years;

(ii) possesses a degree or diploma in industrial safety recognised by the Central Government in this behalf;

Provided that, in the case of a person who has been working as a Safety Officer in industry or any institution for a period of not less than three years on the date of commencement of these regulations, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications as per the factory act of 1948.

Thanks & Regards,

From,

Sumit Kumar Saxena
6th July 2015 From India, Ghaziabad
Dear all,
I am working as a safety officer in India since the last 10 years. Till I have worked in more than five companies. In that all companies are appointing safety professionals to comply with the government or factory acts against safety only, not to safeguard the employees truly. Some management does not hear the suggestions or observations given by safety officer. In that situation if a safety officer forcing the execution team or management to do the work in a better safe way, that safety professional may get transfer or even termination also. I am a witness of the same. Because mostly the construction companies are only concentrating to do the work on time without delay, The lack of safety competency of the whole team in that site may lead delaying the project when the safety officer stopping that task. In most construction companies, safety officer's reporting person will be either project manager or site incharge, so they cannot allow the safety officer to stop the work. If there is no proper reporting channel available, safety officers will be a dummy piece to show only that our company also has a safety officer. Safety officers can only suggest the right way to perform the task safely, if the company has no system for that or the execution team is not making it to safe way, then the final option is resign from that company??? Its not fare..!!!
If the safety professional is not informed his observations or suggestions to execution either work supervisor or work site incharge then the responsibility of any accident will be on the safety officer.
Dear all if you have better suggestions to safe guard a safety officer job, please let me know...
Mail ID:
9th October 2018 From Oman, Muscat
Dear all,
Whenever such incidents happen in any plant, police first visit the site and file FIR against the accused person. According to the Police, person responsible for safety of the plant is safety officer irrespective of what has happened on that day or what safety precautions were taken. if it is a fatal accident without investigating they files FIR on safety officer. It is factory inspector who understands the role of safety officer and in his investigation mostly he files case against factory manager. my point here is FIR is something very serious thing for any common man. so when police is accusing someone then they should first investigate the case like factory inspector or should take help of factory inspector before raising any FIR.
10th October 2018 From India, New Delhi
Dear All,
(1) It is occupier' s duty to prepares HSE Policy & Plan and also review the performance of Health, Safety & Environment.
(2) It is occupier' s duty to select & provide competent HSE Personnel & decide all Roles & responsibilities of each individual in Organization towards HSE Goals & objectives.
(3) What if Safety officer has just joined the organization & accident happens. He may not be able to identify that hazard while occupier is running industry since many years. So, it is clear that Socially, Morally, Legally & Financially it is occupier's responsibilities to avoid accident & take the required control measures.
(4) Gujarat safety officer duty & responsibilities clearly state all the requirement.
Regards,
Hemal Sheth
3rd January 2019 From India, Anand
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