In our company we have security guards on contractor's roll.One of the security guards got severe injury while opening get.The iron gate broke and fell on him.And the injury is very severe.In this case who is direct responsible, principle employer or contractor.Please advise on the same.
Habil Simon Lakra
From India, Gurgaon
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Legal Analyst, Hrm
v.harikrishnanDoes the ESI Act apply to the place where the security guard worked and where the accident took place. If. So was the ESI contribution recovered from the security
From India, Madras
trurecruitThe gate did not fall while being installed by the contractor. Quite obviously, the same has been installed earlier and handed over to the employer in a satisfactory condition. So, the gate belongs to the employer. However, the employer can not be blamed for the happening. It appears to be an accident and must be treated as such! The employer is duty bound to look after his employee, which I am sure he will do. Let us not, in the name of Labour Welfare, start witch-hunting!
From India, Delhi
Arun DixitSince Habil writes that the injury is severe; harikrishnans' query seems to be to the point. If insured, he will be taken care of by the corporation with all the due provisions.
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Although you have classified your question under the title of "safety and health of employees, but, your question, "who is direct responsible" is not clear with what respect you have asked about the responsibility, whether for the purpose of compensation to the injured worker or the health hazards of the worker.
In fact, there are two different aspects of the case, i.e., (1) liability/ responsibility for the purpose of compensation to the worker under the provisions of workman's Compensation Act, or (2) responsibility for the purpose of safety and health of the workers.
For the purpose of compensation, his contractor employer is responsible for payment under the WC Act, or as per the provisions of the agreement entered in to with the principal, if the principal employer has to bear the cost.
So far as the responsibility for the safety and health of the worker is concerned, there being the premises of the pricipal, it is the direct responsibility of the principal employer to maintain well. Even if there is any laxity on the part of the principal employer having failed to maintain building gate properly, the part of his working premises, even a criminal case can be registered by the police against the principal employer for his negligence, which caused serious injury to the worker.
However, if considered on ethical and moral grounds, the principal employer must take all steps, including necessary expenses, to compensate the contract worker, besides getting him recovered soon.
From India, Delhi
ganapathy ramanPlease confirm that whether they are covered under ESI if Esi is not applicable confirm that whether they are covered under WC. If covered any one of this , principle employer is not responsible. Contractor has to give treatment, provided the employer and contractor have to check their contract applicability of the clause.
From India, Chennai
siva-guru1Employer is most responsible in this case due to not proper maintanance for gate No regular inspection for the gate Not giving proper training for hanging the gate in difficult situation. Etc.. .....
From India, Salem