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First of all if all training is given, employee wearing safety belt, harness, helmet and shoes as well then how does the fatal accident happened at first place.
In other words, if safety manager had trained him well and employee is also following all safety norms still if accident is happened then for me no one is responsible and that is what is called as accident which happens all of a sudden accidentally.
16th June 2017
As per the Factories Act,1948, Factory Manager as well as Occupier are responsible for safety of workers. Thus legally, they would be held responsible until and unless proved otherwise.
Industrial Law Consultant, Meerut
19th June 2017 From India, undefined
19th June 2017 From India, Pune
If the fatal accident has occurred in your company then have ordered enquiry to assess the cause of the accident? Unless the enquiry is ordered, unless the blameworthiness or negligence is established, it would be premature to assign blame to safety officer or occupier etc. In this enquiry, the enquiry officer, as a part of the investigation, may investigate about training, whether employee had wore PPE, whether he had followed SOP for the type of work assigned to him, whether SOP was well in place or not etc.
Please note that this is a fact-finding enquiry and it is different from domestic enquiry. On the strength of fact-finding enquiry, you may order the domestic enquiry. Based on the recommendations of the domestic enquiry, management may take suitable action. For further queries, feel free to contact me.
19th June 2017 From India, Bangalore
Your Query: "who is responsible for the accident"?
Position: "Accidents do not Happen; Accidents are caused". As per practice, immediately after/on the occurrence of any Accident of Employed-Person On-duty, arising out of and or in course of Work; an Inquiry is conducted by the internal Saftety Committee to ascertain How and under what circumstances the Accident happened, followed by due Inquiry by the Factory Inspectorate in case of an Industrial Establishment - or by Govt Authority in case of otherEstablishment appointed for that purpose to ascertain the Cause of Accident, followed or accompanied by Local Police/Law & Order Enforcement Authority.
These Inquiries reveal the cause or the causes of the Accident and remedial measures are promptly taken to avert recurrence of such/similar accidents. These Inquiries also uncovers /element of negligence and corrective actions are taken for Accident Prevention and Safety Promotion and the accountability is ascertained and Disciplinary Action initiated.
As far as Compensation is concerned, the same is determined as per Provisions applicable to the deceased involved in the Fatal Accident.
21st June 2017 From India, Delhi