Health & Safety RESPONSIBILITY - SHOs too often discharge their responsibility in cases of accident

Many SHOs too often discharge their responsibility in cases of accidents. As a practitioner, I humbly acknowledge that we have a significant part of the responsibility. We should accept failures from different areas, be it as an advisor or trainer.

@AJAY LACHHMAN

Dear Sir,

What do you mean by SHO? Is that Safety Health Officer?
Also, please clarify what your aim was behind starting this thread. Just to remind about the role of a Safety Pro or something else?

Thank you.

Hi Dipil,

Sorry for not being clear. In fact, I just wanted to add on to an existing thread where some friends were questioning the roles and responsibilities of safety and health officers/practitioners in cases of accidents. Too often, SHOs try to absolve themselves by arguing that it's the responsibility of floor managers, etc.

However, I would greatly appreciate your reflections on this issue.

Regards,

You may contact me at [email] ajaylacchman@yahoo.com

The role of the SHO is that of an advisor. Their responsibility is to help management develop systems to prevent accidents, review, update, and evaluate the systems, analyze accident data, and present the results to management for improvement. Additionally, they should help generate awareness through various media and methods among all sections, prepare a budget, get it sanctioned, and then use the available funds meticulously, among other duties.

An accident taking place indicates some failure somewhere, for which the SHO cannot be held solely responsible. Accidents occur when there are multiple failures. The SHO's job is to identify all failures, improve upon all identified shortcomings, and enhance safety measures.

Dear All,

In my organization, when it comes to Incident & Incident Investigation Process, a Safety Pro has the following roles only:

1. Support and advise the line manager with incident investigation, including classification, and providing medical assistance.
2. Custodian of the incident information retained in the Incident Investigation Report and ensures that the data are validated. Ensure legal compliance and report incidents to regulatory authorities.

I would like to know the comments of all on this account... Is a Safety Pro supposed to perform any additional functions in case of an incident beyond those mentioned above?

Thanks for your reflections.

You will appreciate that failure to make proper risk assessment, hazard analysis, and accident investigation, which are among the attributions of SHOs, may perpetuate hazardous conditions in the workplace. In this respect, I feel that SHOs should bear the responsibility. However, I equally value your points.

Thanks

Yesterday, a fire and explosion took place in a factory in Nandesari industrial area near Baroda, killing one worker. The SHO has been arrested by the police, along with the CEO and others. Do you think the SHO has criminal responsibility?

I myself was SHSO at a chemical factory, and my advice was not accepted or implemented, which was very frustrating. Do you think that in such cases, the SHO should approach the Factory Inspectorate to make a complaint against the management?

Dear Mr. PTRC,

Since industrial accidents are covered under the Factories Act and rules, only the State Chief Inspector of Factories is authorized to investigate and file a case against the Occupier. However, the police can arrest the SHO and CEO for willful negligence only if it caused the accident and its result.

Against an offense, two different authorities cannot proceed with the proceedings. When the State Chief Inspector files a case, usually the police case will be dropped.

The SHO has only staff functions and not executive functions; as such, he is supposed to provide solid recommendations to his reporting officer. If his recommendations are not implemented, resulting in an accident, he is not answerable for the accident. Once this is proved on his side, he will be set free.

The SHO is an employee of the organization, not paid or employed by the Factory Inspectorate. All correspondence to the inspectorate is done by the Factory Manager or Occupier. Again, the inspectorate does not deal with the SHO directly. Under these conditions, the SHO is not supposed to report anything directly to the inspectorate without instructions from his reporting officer. However, when the time comes and is asked for, with the permission of the reporting officer, he may be directed to produce documents such as his recommendations.

The SHO or any employee making a complaint against an organization is called a "whistleblower," which is legal in the USA. Whistleblowers are well-protected by OSHA there; whereas in India, it will be treated as serious misconduct for which one can even be terminated.

However, I would be thankful if you could provide more information about the reported accident, please.

Regards,

Kesava Pillai

@PTRC & Keshav Pillai

Thanks for the updates...

Before this, I have heard about two incidents where the SHO was arrested.

One question: Can the Chief Inspector visit the accident spot at any time within 30 days of the accident? During his visit, if he finds any abnormalities, especially unsafe conditions, will he proceed with filing a case or not?

Dear Kesava sir ,
As per my experience S.O. always giving recommendations for safety of workplace as per his knowledge level ( Competency ) . sometimes I found that small/medium industries not sent them(s.o) for external training or taking advise of external experts on critical issues also due to cost factor in that case how it is logical to make responsible to safety officer for an accident . Do you think that Human Resource & Development dept.is also responsible for allowing to employ less competent person ? . I have worked with some small/medium scale industries where safety officer used to verbal communication only in such cases how s.o. will able to give proof of his recommendation . Kindly guide.
Regards,
Abhay

Dear All,

This is a good discussion. The Safety Officer's role is a suggestive one. Many times, his suggestions are not taken into consideration by management. When an accident occurs, everyone, including management, looks to the safety officer for an explanation. If it is a reportable accident, he has to undergo criminal proceedings. How challenging a safety officer's job is!

Please view the attachment for "How to handle deviations from a safety officer's suggestions."

Regards,
Srinivasa Rao. M

Hi Srinivasa Rao,

Great attachment. What I understand from the same is that there is a requirement to install one swing. Different views regarding the same from people are shown through the pictures, in which only the Safety Officer comes forward to think about a standard swing.

I hope I correctly understood, or else please correct me and come forward with the right interpretations.

Great contribution! Keep participating and sharing your expertise with us.

Thank you.

Dear All,

Following news paper report may interest you:

Nandesari fire: KDAC Chem employee held

Owner, Three Others Booked In Case

The Times of India, 25th November 2010

Vadodara: Police have arrested one person in connection with Nandesari-GIDC fire incident that claimed one life and left seven injured. C M Jhalani, security manager of KDAC Chem Private Ltd, was arrested as he was responsible for the factory’s security and safety. A police complaint was registered against four persons including owner of KDAC on Monday night.

The cops have registered offence of culpable homicide not amounting to murder under IPC section 304 and others which included vitiating atmosphere so as to make it noxious to health. The other accused have been identified as owner Dhansukh Gaur, Kamal Chandani and K K Patel. “We will seek remand of Jhalani from a local court on Wednesday. He was arrested as he was responsible for the security of the factory premises,” said Chhani police inspector T P Parmar.

“We will arrest the other accused soon as investigations are on,” Parmar added. Jagdish Gohil, an employee of the KDAC was killed when several blasts ripped through the company’s plant on Monday morning. Police officials and officers of Directorate, Industrial Health and Safety (DISH) Department are jointly investigating the reasons behind the accident.

An officer from DISH visited the factory premise on Tuesday to ascertain whether any more bodies were trapped inside the plant. “We checked the factory premises and found that there was no other casualty. We are now trying to ascertain the reasons behind the event,” said P M Shah, factory inspector.

The incident spread panic in Nandesari-GIDC that houses hundreds of chemical units. About 20 factories located in the vicinity of KDAC suffered damages due to the blasts and fire. When the first blast occurred, most of the workers rushed out of the factory even as Gohil stayed back to close the valve of the boiler. However, a second blast flung Gohil in air and his badly charred body was recovered some time later by firebrigade officials.

“The incident has again raised issues of safety in industrial areas. The government just doesn’t understand the hazards of chemical disaster. If reports prepared after such accidents are not taken seriously, citizens might face face worse tragedies than the Bhopal gas leakage,” said environment activist, Rohit Prajapati. “I had demanded details of accidents in chemical units, reports made after the accidents and action taken by the government from Gujarat State Disaster Management Authority in June this year under the RTI Act. But, my application was directed to another department. I’m yet to get any information,” Prajapati added.

Thanks to all friends who commented on the issue.

The case mentioned by Mr. PTRC in Baroda has a lot of administrative and legal implications. As Mr. Kesava rightly pointed out, there is no standard approach for reporting or making recommendations despite the law providing for a reporting system. I strongly believe that the reporting line of the SHO should be reviewed. The SHO should report to the CEO if, by law, they are both accountable for accident occurrences.

Thank you, Mr. Pillai, for your comments.

Dear Abhay,

I always find something intersting in your posts which makes me happy too.

You may check with the statutes. No where it states that safety of the industry is vested with Safety Officer. You have to deal with the top brass for absolute responsibility for safety of his industry is vested only with him. He runs the industry. All others including Safety Officer are under his direction. Because of this now one of the Directors is made answerable for complying with statutory requirements on safety, health and welfare in India. Even appointing a Manager as in the past to escape responsibilty is not possible.

Arresting a Security Officer or safety Officer is only mokery. It may be to pacify the people aroud. In a mass psychology just for peace police have to play many games for chances of riot at accident scenes are quite common. After a few days everything goes normal.

It is better we don’t discuss much about the caliber of a safety officer in India as of now. If he is good at entertaining the Inspector he will be good. With that there will not be any adverse remarks and mangement will also be happy with it.

How often the Inspector really inspects a factory, what he inspects etc. is known to you too. If statutes are enforecd with the spirit of making it; I am sure there will not be any industrial accident at all in India.

Even proper safety education is not provided here. The Post diploma in industrial safety is not the end. You can not make a safety officer with that curriculum. What they learn is not sufficient to shape a competent safety officer. You are right in that respect. Most safety officers require perfect training if they are to do justice to their calling.

Again HRM can not escape responsibility. They have absolute responsibility for choosing the right candidate for the post of S.Officer and for that matter for every post.

I am attaching an incomplete power point presentation with a request to all in the field to complete the presentation. Let us see where we stand. It may take about 25 slides to complete it.

Regards,

Kesava Pillai

Dear Mr. Keshav Pillai,

I tried to add something to the presentation, as you mentioned there are about 25 slides to complete. Could you please repost it with headings under which we are supposed to brainstorm? Otherwise, I don't think anyone in this forum will even attempt to do so.

Please provide at least an index on which we can base further thinking.

Thank you.

Dear All,

SHO is a statutory appointment. He is a "mini-inspector" whose basic responsibility is to ensure the implementation of the law. In that sense, he is a representative of the Factory Inspectorate. Still, the law does not require him to submit any confidential reports, which may provide him with the opportunity to speak out. In some state rules, he is not accorded any protection against management wrath if he is fulfilling his legal duty honestly. I knew of a case where an SHO was asked to resign and leave. We invited SHOs and had several rounds of discussions to form the Safety Professional Association with the objective of safeguarding the interests of SHOs. We got it registered and campaigned with the state government to provide protection to the SHOs. We presented a memorandum to the concerned Minister when we called on him at his office. We also organized a seminar where we invited the then Labor Commissioner and presented the problems faced by SHOs. At that time, I was working as a Safety Officer at a Chemical Factory. Although there is a clause of protection in the Model Rules, the state government had not included it. After our efforts, the government agreed and amended the Rules. However, I found that the SHOs are not very interested in organized efforts to safeguard their interests or the social interest. The association is now defunct. I hope that incidents like when an SHO is picked up by the police and put behind bars should once again generate interest among SHOs to get organized, discuss the problems, and empower themselves.

Jagdish Patel

@ Kesava Sir ,
Thank you very much for explanation . I'll also try to complete presentation.
@ All Seniors ,
Is there any booklet or articles or special notes which guide safety & welfare officer to interprets all sections of factory act -1948 with examples ?
Regards,
Abhay

Dear Friends,

I want to share with you an interesting court case in Mauritius. The case was lodged in 1999, and the court judgment was in favor of the injured person.

[Court Case]

Construction Company vs INJURED EMPLOYEE (civil case) Source: Defiplus 05/8/2010

DAMAGES PAID TO INJURED PERSON: MUR 1,000,000

[Background]

The accident occurred when the injured person was lifting a door with the help of a Co-Worker. He was knocked by the door and had to have his testicle removed.

[Injured person's version] - Plaintiff

The injured person believes that the accident occurred because he was not given gloves, other equipment, and adequate manpower.

[Witness version]

The witness believes that the accident occurred because there was no equipment, and only two people were assigned the task of lifting a heavy door upstairs.

[COMPANY ARGUMENTS]

The company argued that it was the duty of the main contractor (the company was a subcontractor on a construction site) to ensure the safety of its employees. A doctor witness for the company stated that the injured person already suffered from sterility.

[COURT JUDGEMENT]

The Judge ruled that the company proved negligence by assigning the task to only two people instead of four. Moreover, they failed to comply with the provisions of OSHA 2005 regarding PPE and Risk Assessment.

[LESSONS LEARNED] (my opinion)

No company is immune.
Consider safety aspects before entering a contract.
Ensure compliance with laws regarding Personal Protective Equipment.
Consider health aspects during recruitment.
Conduct risk assessments on tasks and site conditions.
Implement appropriate systems of work.
Provide adequate training.

I have analyzed this case on a PPT. Unfortunately, I failed to upload the same. Can anyone help me?

Regards

Dear Sir,

You can easily upload files by following these steps:

1. Click on the "manage attachments" option located below the space where you enter the content to post.
2. A new window will open with a browse option.
3. Click on browse and select the file you would like to upload. Please note that the maximum file size allowed is 10MB, and the supported file types are mentioned in the newly appeared window.
4. Click on "upload" after selecting the file.
5. After uploading, close the window.
6. The file is now attached. Type your message and then click on "submit."

I hope this will assist you in uploading files. If you encounter any further issues, please let me know.

Best regards,
[Your Name]

@Keshav Pillai & Jagdish Patel

Dear Sirs,

As per your opinion, what should a Safety Officer do if his suggestions/recommendations are not taken seriously by the company and not implemented? Is there anything else to consider besides seeking another job due to a lack of job satisfaction?

Thank you.

Dear all,

Good inputs. I request all members to come forward with their valuable inputs.

Srinivasa Rao. M

Dear Dipil,

What does one do if suggestions/recommendations are not accepted?

Instead of making a general statement like this, let us consider a few examples and analyze. If you have one, please share a case from your experience with relevant details.

Many safety officers ask the same question, but why? They become frustrated with this - but why?

Most suggestions/recommendations, if justifiable, I cannot see a reason why they are rejected. In a few cases, it may be for economic reasons. In all other cases, safety officers fail to provide justification, all the data required for decision-making, and so on.

I request you to complete the PowerPoint presentation given under this title on the previous page. A good reason for failures can be inferred from it.

My advice to safety officers is - "Never get frustrated and seek another employment for this reason. Take it as a challenge. Get it implemented. You may ask how. It is an art. It is not easy, but possible. After the ppt is completed by at least one person, I will explain further.

Regards,

Kesava Pillai

Dear Sir,

Thank you very much for your input.

I am once again requesting your ideas on how to proceed with the PowerPoint presentation. Could you suggest some topics to consider and provide a few headings, please?

Regarding non-compliance with the recommendations provided, I would like to share an experience from my previous company. The work was progressing well, and we typically used a grab crane with a grab bucket. However, during the course of the work, one of the contractors introduced a Winch Mounting arrangement. The installation process was quite chaotic, involving the use of a wooden post of approximately 10 meters and another wooden piece as a projection. With the assistance of pulleys, they set up an arrangement to lower the grab bucket. I hope you can understand the situation.

My initial recommendation was to stick with the grab crane instead of this makeshift setup. Furthermore, I mentioned that I would only accept this arrangement if someone could provide a certificate of fitness for the entire setup from a competent individual. Finally, I stated that if none of the above conditions were met, I would not visit the site and would not be held responsible for any accidents.

In the end, the work was completed without any incidents, seemingly due to divine intervention. Even the company director acknowledged the impossibility of deploying a crane. I stood firm on my decision not to visit the site under unsafe conditions, and he respected my stance, assigning me other tasks in the meantime. I believe I did my best to address the situation but unfortunately failed to bring about the desired outcome.

I look forward to hearing from you.

Best regards, [Your Name]

Dear Dipil,

I am waiting for someone to try with the PPT. You are the only one who made an attempt. I am adding a few more slides. You may better try, and I am sure you can do it!

Regards,
Kesava Pillai

Dear Sir,

I have added a few data into the presentation. I know it's still incomplete. Looking forward to hearing your comments about the added info. Also awaiting to hear your comments, advice, and the real intention behind bringing this for discussion. Thanks in advance.

The role and responsibility of SHO would be:

1. Advising and preparing Safety Improvement Plans for the year in consultation with the Apex Safety Committee and General Works Manager.
2. Checking and evaluating the effectiveness of the action taken or proposed to prevent personal injuries.
3. Coordinating and conducting all safety studies.
4. Incorporating work permits / LOTO, wherever required, and monitoring compliance against the same.
5. Advising the purchase and stores department in ensuring high quality and availability of personal protective equipment.
6. Advising and carrying out plant safety inspections to observe the physical conditions of work, work practices, and procedures followed by the workers, and providing advice on measures to adopt for removing unsafe physical conditions and preventing unsafe actions by workers.
7. Preparing safety audit, safety inspection, and safety training calendar schedules for the year.
8. Handling matters related to reporting and investigating industrial accidents and diseases to the inspectorate of factories.
9. Facilitating accident and dangerous occurrence investigations.
10. Advising and maintaining all necessary records relating to accidents, dangerous occurrences, and industrial diseases.
11. Coordinating departmental safety committee meetings and Apex Safety Committee Meetings in collaboration with safety coordinators and safety representatives.
12. Organizing campaigns, competitions, contests, and other activities with the concerned departments to develop and maintain the interest of workers in establishing and maintaining safe work conditions and procedures.
13. Actively participating in activities related to safety in the industrial area.
14. Liaising with certifying bodies and ensuring the reporting of statutory compliances to the General Works Manager.
15. Ensuring MSDS availability of all chemicals used in the plant and disseminating information to all employees.
16. Updating all safety documents as per statutory requirements or otherwise.
17. Coordinating all amendment requests to the Asian Paints Safety Manual.
18. Auditing firefighting equipment periodically in coordination with the Senior Manager - Plant Engineering and the Manager - Security. However, the primary responsibility for upkeep lies with the Safety Officer. Monthly reports of these checks are submitted to the General Works Manager by the Safety Officer.

The Safety Officer is never required or permitted to do any work that is inconsistent with or detrimental to the performance of the mentioned duties.

Dear Safety Professionals,



Please find below the news of recent fire/explosion occurred in chemical factory located at Nandesari, Vadodara district. The company was having ISO 9001/14001, OHSAS 18001 certifications??? The police have registered offence under IPC section 304 & arrested company’s safety/security officer.

The moral of the incident is: We all are safety professionals & many of us are deputed in factories hence we have to be very cautious & keep all our internal/external safety related communications like reporting unsafe act/conditions, statutory non-compliances etc. in written & always keep hard copies of such specific communications with us which can certainly help us if trapped in such situations. Under section 101 (Exemption of occupier or manager from liability in certain cases) of Factories Act, the occupier or manager can escape from the charges & held some one else responsible/actual offender (he can be a safety officer!!!) in the court.



Explosion in chemical factory: One killed, seven injured

Vadodara: A series of explosions at a chemical factory in the Gujarat Industrial Development Corporation (GIDC) premises at Nandesari killed one worker and injured seven others, including the plant supervisor, on Monday morning.

The mishap occurred at K-Dac Chemicals, owned by Vadodara businessman Laxmikant Gaud, at 5 am, when the night shift was about to end. The boiler contained synthetic aromatic chemicals and silica.

Plant supervisor Jatin Joshi said Jagadish Gohil from Fazalpur died in the second explosion while trying to close the valve near the boiler section after the first explosion had occurred. His body was flung several feet away killing him instantly. Seven others sustained injuries as the blast scattered glass in all directions.

"Thirty-five workers had just evacuated the premises after finishing work when the first explosion occurred. Gohil ran towards the boiler trying to switch off the valve and died in the second explosion. Some of our workers sustained injuries when glass flew in all directions from the boiler. The fire spread to the other parts quickly," said Joshi.

Four of the injured were from the neighbouring shed who were asleep at the time of the explosion. The injured workers have been admitted to the Shreeji Hospital near Chhani Jakatnaka in Vadodara.

Vadodara Municipal Corporation officials said seven fire tenders were rushed from Vadodara to douse the blaze.

"A 25-member squad was formed to tackle the fire. The presence of hazardous chemicals in the factory premises kept the blaze alive for four to five hours," said H J Taparia, Chief Fire Officer, VMC.

Vadodara Collector Vijay Nehra said the Joint Director of Department of Industrial Safety and Health and Vadodara police will investigate the accident. "We are not directly conducting any inquiry, but the joint director of industrial safety and health will submit the report to the Collector's office after investigating the cause of the blast. The Vadodara police will investigate the incident that led to the death of one worker," said Nehra.

According to the various government agencies, this was the fourth such accident at a chemical unit in Nandesari GIDC.

Assistant Commissioner of Police Rakesh Sharma said: "We have started the preliminary investigation on the cause of the fire, including the shift timings of the workers and the safety norms followed by the owners of the factory."

Kantibhai Gohil, brother of the deceased worker said workers in the unit dealt with hazardous chemicals like hydrogen peroxide without basic safety requirements. The company uses hazardous chemicals like hydrogen peroxide, DMS, acetic acid, caustic soda, Hydrochloric Acid, Sodium Bicarbonate and has 200 metric tonnes of production capacity for aromatic substances.

The factory inspectors have now issued a prohibitory order against K Dac Chemicals from setting up the plant again.

"We have issued the prohibitory orders against the company that before they set up the plant anywhere, they must file a safety report. To further ascertain the cause of the fire, our team will examine the site on Wednesday," said P M Shah, Factory Inspector, Department of Industrial Safety and Health.

Nandesari Industries Association President, Babubhai Patel said the association should be empowered to keep strict vigil on the plants for safety regulations.

"We always tell our member industries to follow the safety precautions while operating with hazardous chemicals. But we cannot stop anyone from manufacturing, as we do not have the authority to do anything," said Patel.

Source: The Indian Express/IANS

Regards,

Dilip kasar.

Dear Kesav Sir,

I will try to post today's Safety Officer PPT ASAP. I have not had time to prepare the PPT. Hopefully, I will come up with my inputs (whether they are right or wrong).

Dear Hari & Dipil,

Thanks for your inputs.

Thanks & Be safe,
Raghu

Dear All,

Finally, what is the next step if the POLICE file a complaint against a safety officer under 407A? Is he free to fight independently, or does he have to proceed under the guidance of management?

In the case of unsafe conditions to work - a fatal accident may or may not point to the safety officer's role.

In the case of unsafe actions leading to a fatal accident, the safety officer is not asked about his role. The person responsible for executing the work is entirely accountable for the incident.

Respected seniors,

My name is Rakesh Pathak. I have been providing safety training for the past two years, and now I am looking to establish an academic institution focused on safety and security training. I kindly request your suggestions and advice for the improvement of this endeavor.

Regards, Rakesh Pathak

Form the contribution of all the information gathered on 'A series of explosions at a chemical factory in the Gujarat Industrial Development Corporation (GIDC) premises at Nandesari,' my contribution would be as follows:-

It should be the responsibility of the Management/Safety officer's procedure violation. Did the Safety Health Officer or the Management have any written 'hazardous operation procedure' for this chemical pressure vessel plant? Assuming there is one procedure, what is the safe permit-able pressure limit for this pressure vessel and how was the pressure being monitored/how often. Was the procedure followed in practice on that day?

In the written procedure, were the safe thickness of the walls of the pressure vessel checked? And how often? Whether the procedure was followed in practice. The safe period of life of any pressure vessel, as assessed and certified by the Manufacturer/Certified agency (normally by a chemical engineer expert), is within the valid period or not. Whether any operating/checking procedures were drafted and were not followed/any violation by any workmen at the time of the accident was noticed/witnessed by anybody at the time of the accident.

All the procedures should have been accepted and in practice. Sometimes only a log entry will be there without proper checking. The Safety Officer/Line Managers/plant Managers have the responsibility/should have observed whether the procedure was being followed as per the procedure. This follow-up is also as important as production. If there is any procedure violation, including the non-availability of such a procedure, Management as a team has to sit and decide and draft a future plan to avoid recurrence.

Safety Officers provide advisory control and monitor the site as a third eye.