Vaibhav Can you give me details of the tarapur case ? I need it for some research
From India, Mumbai
Dear Banerjee Sir, Details of accident is available on internet. (one thing i want to highlight is that this accident was occured in our organization.) From, Vaibhav more
From India, Mumbai
Dear All, By mistake i have wrriten that this accident is occured in our organization. Please ingnore earlier mail. This accidnet was NOT occured in our organization. From, Vaibhav More
From India, Mumbai
I assume you are talking of : Seven booked for Tarapur drug reactor accident - Times Of India
The seven booked are joint MD Harshit Savla, directors Uday Patil and Harit Shah, assistant production manager Popat Patel, safety officer Jeetendra Deora, operations manager Pramod Mishra, who is missing, and works manager Sachin Poojary, who was killed. They were booked under Section 304 (a) for culpable homicide not amounting to murder, which is a bailable offence.
So, unlike what you said, the directors have been arrested also. Not just the safety officer. Obviously this is logical for the police, specially since it is a case of negligence.

From India, Mumbai
Dear Vaibhav,

The answer to your dilema would be to document all safety related issues occuring in your factory in the following manner:

1. Ensure notices underlining safety are posted in public areas of the factory.

2. Ensure that a notice underlining specific work-related safety issue is posted in the concerned workshop/area. Eg in a workshop:

"wearing fully covered shoes, gloves and eye protection equipment is mandatory in this area. Any employee caught without the same will be penalised.

3. Start documenting instances where employees do not follow guidelines, ensure you send copies of the same to:

a. The offending employee,

b. His supervisor

c. The company HR

d. Your own manager

4. Bring up these cases on a regular basis at monthly meetings.

5. Talk to your manager and the union on the feasibility of fining the offending employees.

6. Raise the insurance angle, as insurance require companies to follow guidelines.

These may or may not raise safety consciouness in your factory, but if you have copies of the documents that you raised, it will help you in covering yourself in case of an incident.

It may sound cynical, but when you start making it obvious that you are documenting safety related lapses, your bosses wil be forced into action, if for no other reason then to cover themselves.

Regards,

Gokul

From India, Madras
Dear Vaibhav, All sympathies to the SO who has been unnecessarily implicated in the fatal accident matter. Since this is a criminal case under IPC, and in the absence of any criminal intention in the matter, the point for consideration is only whether there was negligence of duties on his part. So the SO has to submit to police showing clearly what his duties were and how he has discharged them. I do not think that even if the case is charged, he will have great difficulty in getting bail and during the trial there would not be sufficient evidence to prove the charge beyond doubt. But isn't there prosecution under the Factories Act 1948. On the same set of facts there cannot be two set of prosecution under different acts. There are clear judgements that in case of Factory Accidents the prosecution has to be under the Factories Act and not IPC. Any good lawyer can file for discharge and save the SO from the tortoure of a criminal trial.

As regards your query of bringing an organisational change where all except you are paying no heed to safety, this needs a cultural change in the organisation. Such changes are gradual and takes time. The first and foremost step is to bring awareness about the unsafe conditions in your factory. A sort of safety audit needs to be conducted and the unsafe conditions and practices have to be listed out. Once they are ready they have to be put up before the Factiory Occupier with full force clearly brining out the implications and the penal consequences. I am attaching a presentation which is a collation from various sources and which I have used with good effect to bring safety awareness. Probably it may be of some use to you

From India, Bhopal

Attached Files
File Type: ppt Lessons in Safety Management for Managerial Personnel.ppt (1.43 MB, 563 views)

Hi All,

It is very good topic with valid topic, We are regulalry conduting seminar to solve above question with expert.

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From India, Mumbai
really...surprising...as some member cited here is that of the UNION CARBIDE case, some put about the accident in the road due to open manhole.....you search for 1 & u wil get lakh & lakhs of cases relating to this kind of probs....the most and only thing in this we forgetting is WE SHOULD WELL KNOW ABOUT THE LAW...irrespective of post that we are holding in an organisation, whether it is required or not - but we should know it little bit, so that the khakis will not dare to harass any1....I would suggest to go to any court and find the person selling handbook on various topics, like consumer rights, criminal procedure, civil procedure..etc...you definitely will find a hand book on safety - be it for the organisation or for some other reason, like: cracker, explosive, building collapse, bridge collapse...and also do consult with a lawyer about this....hope you will get the proper guidance....all the best......Arminta
From India, Bhubaneswar
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Dear V.M.

It's unfair to draw parallel to both of these stray cases. Leave alone the Apex court negatived the General's claim (I consider the General's claim is unfair and opportunistic which ultimately didn't find favour as a senior officer of a govt. should have the primary knowledge and responsibility when and where to raise such disputes. I remember atleast about 20-25 years back the SC ruled that disputes about the DOB should be sorted out before entering the services and no litigations should be accepted by the courts while in service based on arbitrary documents like EPF/gratuity declarations, Baptism certificate etc.) It is not that difficult in India to obtain M.K.Gandhi's birth certificate dating 1.1.11. Whereas the juvenile issue is a deliberate faking of records to escape from the gallows. And that the Juvenile court's (got limited powers) verdict can be disputed in appropriate judicial review. I understand your concern for the vexed problem.The query only should serve as a lesson for authorities how they should discharge their primary responsibilities. Had he complied with all his legal responsibilities he need only to fight out successfully at the courts.

Coming to the case in question of Vaibhav, I fear his friend SO definitely cannot be the culprit. I believe it's for sure that the lapses of operations & maintenance people had lead to this mishap. But who would say authentically that SO had done his duty but lapses of others only should be the cause. This can only be revealed after an investigation. (Thank God if sabotage is ruled out) I'm not sure why the big bosses were not booked in this case. I think the SO and his tech. team in association with a competent lawyer only could save him from this imminent danger.Regards.

kumar.s.

From India, Bangalore
Please read the details of the case as appearing in the press
The police registered the case against the senior management, factory manager and occupier and also the safety officer. While the original post seem to indicate that the safety officer alone was held responsible, the case is not so

From India, Mumbai

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