A worker while working in the machine got an accident and died. What actions employer should take under these circumstances.
31st December 2018 From India
Section 88 of the Factories Act, 1948 if an accident occurs in any factory which causes death, or bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more immediately following the accident, the Manager of the factory shall send notice of the same to such authorities and in such form as may be prescribed by the Rules framed by the State Government in that regard.
If factory is in Maharastra
Maharashtra Factories Rules, 1963, Rule 115 deals with accidents.
As per Rule 115, in case of an accident or a dangerous occurrence in a factory which causes death or is of a serious nature, the following steps need to be taken:
Within 4 hours of the accident, the Manager of the factory has to send a notice of the happening of the accident and / or occurrence by telephone, special messenger or telegram to the Factory Inspector and the Administrative Medical Officer, Employees’ State Insurance Scheme (if ESI is applicable to the factory). Where the accident has cause death, or is likely to cause death, then such a notice needs to also be sent within 4 hours of the occurrence of the accident to :
The District Magistrate or Sub-Divisional Magistrate
The Officer-in-charge of the nearest police station
The nearest relatives of the injured or deceased person.
There is no set format for the above notice. The notice may contain information of the happening of the accident and may mention, in case of death of persons in the factory due to the accident, how many such persons have died.
The above notice is to be confirmed by the Manager of the Factory to the above authorities by sending a written report of the accident in Form 24 of the Maharashtra Factories Rules or in Form 16-A of the Employees’ State Insurance (General) Regulations, 1950 (if ESI is applicable).
So check on local rules of the state and immediately initiate actions.
31st December 2018 From India, Pune
#Anonymous
The rules could vary since you haven't mentioned the country's name in the query. If we tell about Japan where we reside.
The employer has to provide compensation;
1. to the family depending upon the number of members in the family.
2. for the employee's funeral.
19th January 2019 From India, Jammu
#Anonymous
Please explain for Uttarakhand State procedure
24th January 2019 From India
Apart from the section 88 formalities,call local police immediately to have postmortem to detect the actual cause of death ,although management is aware about the cause of death but sometime it appear that negligency is not the reason at workplace,the actual cause was heart disease /shock,respiration desiase etc.
Best Regards
Sajid
9899775578
7th February 2019 From India, Gurgaon
Actually speaking as soon as we hear about the death of the workmen, dont try to examine and declare about the death on the spot. immedaitely take the body/patient to near by hospital after giving first aid. this will prevent mob gathering. we are not doctors to declare. let the doctor do his duty.
Regards
P K Prasad
12th February 2019
#Anonymous
I agree with P K Prasad.
When accident take place if any body injured or died, they should taken in to hospital first.
* Intimate to local police (for emergency preparation)
* Intimation to Factory inspector telephonic ( after you should fill the forms as applicable to state.
* Intimate to ESI
* intimate to ALC for compensation
In case it is BOC (Building and other Construction :
* After above intimate also need to intimate WCP ( Insurance authority)
21st February 2019 From India, Beawar
I agree with P K Prasad,
please also mention compensation in case disability or death.
how we can compensate as per legal provision.
25th February 2019 From India, Pune
I know one sad story. A friend of my friend worked in a factory. He was a nice worker with a lot of achievements. But, one day, he had an accident. He worked on a crane and when he came in, he tripped on tools, hit his head on the floor and that was the moment death. That all happened because there was a mess at the workplace. So I recommend using a different kit organizer, that you can find here and do not bring to such accidents. Be careful anyone.
28th February 2019 From United States, Dallas
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