Resp. All seniors.
One of colleague call me for advice. The brief fact is that, one contractor came to see the roofing work of the company, last year also the company had given work for replacement of ACC sheets. The said contractor wanted to see how many sheets are damaged or need to replace. He climbed on roof and fell down from the roof. The contractor is invitee, the company has not given him any service order or contract order for the said work. On the day of accident he was came taking gate pass of the company and went on roof to see the work and fell down.
Under this circumstances, being a principle employer what are the responsibility and liability of the company to make compliance under labour laws.
Kind request to give the information to defend the accident in light of provisions and case laws.
Shaikh I.Y.
Manager HR
From India, Nashik
5One of colleague call me for advice. The brief fact is that, one contractor came to see the roofing work of the company, last year also the company had given work for replacement of ACC sheets. The said contractor wanted to see how many sheets are damaged or need to replace. He climbed on roof and fell down from the roof. The contractor is invitee, the company has not given him any service order or contract order for the said work. On the day of accident he was came taking gate pass of the company and went on roof to see the work and fell down.
Under this circumstances, being a principle employer what are the responsibility and liability of the company to make compliance under labour laws.
Kind request to give the information to defend the accident in light of provisions and case laws.
Shaikh I.Y.
Manager HR
From India, Nashik
accidents can happen anytime, but the 1st thing is to offer initial relief to the injured person. 1st aid , hospitalization and other measures to save the person, either through ESIC or private whatsoever possible.
irrespective of the contractor/ contractee relation, if any third party visitor meets an accident within the premises, then its duty of the occupier to offer these measures to safeguard the life.
later on you can discuss the issue with legal entitlement, hope the contractor person is covered under the ESIC benefits. so they can file an accident report to esic under form 12 online or offline stating that during inspection of site, the incident happened.
irrespective of the contractor/ contractee relation, if any third party visitor meets an accident within the premises, then its duty of the occupier to offer these measures to safeguard the life.
later on you can discuss the issue with legal entitlement, hope the contractor person is covered under the ESIC benefits. so they can file an accident report to esic under form 12 online or offline stating that during inspection of site, the incident happened.
Dear Mr Shaikh
The visitor / person (not a contractor) had come to see the place before giving his quotation / rate for contract work. The person has neither Principal employer - Contractor relationship nor employer - employee relationship with the Company. You will have to send accident report to the Factory inspectorate, who will trouble you as to how that person was allowed to climb on the roof without proper safety measure. Pl consult some good lawyer who is well versed in such cases w.r.t payment of suitable compensation, in case if there is any claim from the deceased person's family.
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ;
)
From India, Bangalore
The visitor / person (not a contractor) had come to see the place before giving his quotation / rate for contract work. The person has neither Principal employer - Contractor relationship nor employer - employee relationship with the Company. You will have to send accident report to the Factory inspectorate, who will trouble you as to how that person was allowed to climb on the roof without proper safety measure. Pl consult some good lawyer who is well versed in such cases w.r.t payment of suitable compensation, in case if there is any claim from the deceased person's family.
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ;
From India, Bangalore
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Construction Accident.zip
Accident report1.doc
IS 3786 ACCIDENT CLASSIFICATION. pdf