Accident on Weekly Off Day: What Are the Legal Steps for Reporting and Implications?

Dear Seniors,

We are a manufacturing company in MIDC, Pune. We do have a weekly off on Thursdays. As the production is currently at a peak level, we do work on Thursdays. Yesterday, on the 25th of March, 2010, at 7:00 pm, one of our employees met with an accident. His right hand was severely injured (9 stitches).

I want to confirm if we can prepare the accident report of Thursday? What would be the legal implications of the same?

Thank you.

Dear Prashant,

As per your brief statement, you were taking work from the concerned workman on the weekly off day, and thus, he was working overtime at that time. An accident occurred while he was performing his duties, and therefore, you are to send the accident report both to the ESIC and the Inspector of Factories in your area. The area FI will investigate the causes of the accident, and if it is found that you have not provided adequate safety measures and the accident happened due to the fault of the management, then legal action may be taken as per the Factories Act, 1948 for not providing safety measures. You must be aware that we also need to send the accident report to ESIC under the ESI Act, 1948. By doing so, the workman will receive treatment and other benefits.

With Regards,
R.N.Khola

Thank you, Mr. Khola, for your precise reply. I would like to confirm what actions the Factory Inspector can take against the company if we require workers to work on their Weekly Off.

Dear Prashant,

For better understanding, you may go through Chapter VI on 'working hours of adults' under the Factories Act.

Regards,
R N Khola

Nothing to worry,

As per ESIC, if a workman meets an accident during the course of employment, as an employer, you have to submit an accident report in Form 16 within 24 hours; then the IP can avail all benefits under ESIC. The same information should be updated in the factories register (dangerous and accident occurrence). The IP person can also avail temporary disablement benefits in case he loses his earning capacity for more than 3 days due to injury.

With regards,
Naresh

Dear Prashant,

As far as ESIC is concerned, they would like to ensure that the accident has happened in the course and out of employment. The local office manager is required to make an inquiry and decide on compensation. If they are satisfied, the case will be sent for disability assessment if there is any permanent disability at all.

As far as the Factory Act is concerned, they must ensure that you are paying the workers overtime at double the rate and that the total weekly hours do not exceed the limit of 48 hours. Normally, since State Governments do not have adequate manpower to implement the Factory Act, you do not need to worry. Diwali is not around, or you might have ended up increasing the Diwali amount! In the era of globalization and privatization, the government is lax in implementing labor laws.

Jagdish Patel

Dear Mr. Prashant,

As per Maharashtra Factories Rules, an employee can work on the day of the weekly off provided he gets the weekly off within the next three days. So, there should not be a problem for you to report the incidence to factory inspectors.