How Do Safety Officers Handle Employee Deaths on Site? Insights from Pharma Industry

What are the ways in which an Accident and Safety Incharge in a pharma company deals in case of the death of an employee due to some accident on the premises?

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As an Accident and Safety Incharge in a pharmaceutical company, dealing with the death of an employee due to an accident on the premises is a critical and sensitive matter. The following steps are typically taken in such a situation:

1. Immediate Response: The first priority is to ensure the immediate safety and well-being of all other employees and individuals on the premises. This may involve securing the accident site, providing medical assistance if needed, and notifying relevant authorities.

2. Documentation: It is essential to document the incident thoroughly, including gathering witness statements, taking photographs of the accident scene, and collecting any other relevant evidence. This documentation will be crucial for investigations and legal purposes.

3. Notification: The next step is to notify the appropriate internal departments, such as HR and senior management, about the incident. External parties, such as regulatory bodies or law enforcement, may also need to be informed depending on the nature of the accident.

4. Support: Providing support to the family and colleagues of the deceased employee is paramount. This may involve offering counseling services, arranging memorial services, and ensuring that any necessary support is provided during this difficult time.

5. Investigation: Conducting a thorough investigation into the accident is essential to determine the root cause and prevent similar incidents in the future. This may involve working with external safety experts or regulatory authorities.

6. Compliance: Ensuring compliance with all relevant safety regulations and protocols is crucial following such an incident. This may involve reviewing and updating safety procedures, conducting additional training for employees, or implementing new safety measures.

In conclusion, dealing with the death of an employee due to an accident on the premises requires a compassionate and systematic approach to ensure the well-being of all individuals involved and to prevent future accidents.

Notification of Authorities

Inform the Inspector of Factories and the local police station within 12 hours of the fatal accident happening, either through telephone or a separate messenger using Form 18. The information must also be relayed to the next of kin of the injured person promptly.

Investigation and Consequences

The Inspector of Factories will conduct a visit to the factory premises, investigate the incident, and issue appropriate actions such as fines, compensation to the deceased person, and imprisonment if there is gross negligence on the part of the management.

You need to read the Factories Act and the state rules related to accidents. In the event of an accident, you are required to inform the Inspector of Factories through a messenger, the police, or the family of the deceased. Additionally, you must send the accident report to the relevant authorities. Other formalities such as EPF, ESI, Gratuity, and welfare funds can be addressed at a later stage.

Whatever the incident or accident, please try to follow the procedure herein:

1. Record the Date and Time: Record the date and time of the incident; the official should be the one who is in charge.

2. Immediate Evacuation: Immediately evacuate the person to the nearby hospital, preferably a government hospital, informing the facts. Inform the next of kin and have them available during the post-mortem. The company/organizational employee should be made in charge until the final crematorium. Financial assistance should be provided to the next of kin for the rites.

3. Documentation of the Incident: The nature of the incident should be documented, possibly in writing by the safety officer of the premises.

4. Notification at Workplace: If the incident occurred at the workplace, the in-charge should inform the next higher official/safety officer/manager and the plant manager.

5. Notification Outside Workplace: If the incident occurred in premises other than the workplace (e.g., transportation/lifts/fire accidents), it should be notified immediately to the safety officer/manager. There is no need to involve the plant manager, only the official who has detailed the worker/employee other than for their natural work.

6. Report to Authorities: The incident should be reported to the nearby police station/fire station in the case of a fire accident.

7. Inform Labor Officer: The information should also be provided to the labor officer/Inspection of Factories.

8. Conduct Preliminary Inquiry: Initiate an order to conduct a preliminary inquiry and find out prima facie if the incident occurred at your premises. After conducting a detailed inquiry, benefits should be provided to the deceased.

9. Follow Death Procedures: For death, procedures should be followed accordingly. The final order should provide clear details of the incident, benefits to the next of kin, EPF final payments, etc. The deceased should be removed from service immediately, and a copy should be kept to obtain a death certificate.

My heartfelt condolences... Do good for the deceased...

Dear Anonymous,

"Premises" is a common word, unless you specify the location of the accident. In such cases, the procedure remains the same as described above. However, if the accident is caused by chemical activation, the procedure will differ.

Thank you.

Dear Charu, Our learned members have given their opinions as well. Your query, however, appears to be hypothetical and based on assumptions. I am unsure whether you are seeking knowledge for yourself or are inquiring about the procedures for handling such cases.

Immediately after an accident, you should report the incident to the Inspector of Factories as required by the applicable act. In cases involving fatalities, the local police stations must also be informed. The Inspector will conduct an inquiry into the accident and file a criminal case in the court of law if necessary. If negligence is found, particularly in terms of safety, the Management, including the safety officer and unit in charge, will be held accountable for the consequences and will undergo an inquiry.

Additionally, in instances of fatalities or bodily injuries, whether resulting in permanent or temporary disablement, the matter must be reported to the Commissioner of Workmen's Compensation. Compensation should be provided to the victims or their next of kin in case of fatalities through the Commissioner, in accordance with the schedule outlined in the Workmen's Compensation Act, 1923.

Regards, Adoni Suguresh Labour Laws Consultant

I don't know how I came to this page, but when I saw your profile and found that you are a student, I thought of sharing some knowledge with you as follows.

Rule 115 under the Factories Act, 1948:

Within 4 hours of an accident, the manager of the factory must send a notice 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). If the accident has caused death or is likely to cause death, such notice must 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 about the accident and, in the case of death, how many persons have died.

(Section 92 of the Factories Act provides the general penalty for contravention of the Act and Rules. The section states that the occupier and manager of the factory shall each be guilty of an offense and punishable with imprisonment for up to two years or with a fine of up to Rupees 1 lakh or both. Therefore, failure to send notice of a fatal accident within 4 hours and a written report within 12 hours can lead to prosecution of the occupier and manager of the factory. Please note that the ultimate control over the affairs of the factory will always be with the board of directors of the company and cannot be vested in any other person without completely transferring control over the factory to the other person.)

Liability under the Employees Compensation Act, 2010:

The Act deals with compensation for workers injured in the course of duty. The scheme of the Act is not to compensate the worker in lieu of wages. The general principle is that a worker who suffers an injury in the course of his employment, resulting in disablement, should be entitled to compensation, and in the case of a fatal injury, his dependents should be compensated. Under the Employee’s Compensation Act, it is the employer who is responsible for paying compensation (as opposed to the Employees State Insurance. For establishments to which the Employees’ State Insurance Act applies, the liability to pay compensation is on the ESI Corporation).

The compensation to be paid by the employer for injuries depends on the extent of the disablement suffered by the worker; more severe disablements naturally receive higher compensation. This has been categorized as follows:

a) Death
b) Disablement
i. Permanent total disablement
ii. Permanent partial disablement
c) Temporary disablement

Wages are the basis for the amount of compensation paid. Two workers earning different salaries will receive different amounts of compensation even if the injury they suffered is identical. Compensation under this Act is calculated based on the monthly wage received by the worker. According to this Act, it is the amount of wages that would be payable for a month’s service, irrespective of whether the worker is paid on a daily, weekly, or piece rate basis.

Also, the employer must send a written report to the Commissioner within 7 days of the occurrence of any fatal accident, failing which the employer may be liable for a fine.

Managing Injury/Death of a Workman due to Accident:

• Give first aid.
• Evacuate to a local government hospital/dispensary/registered medical practitioner as per the intensity of the case.
• Lodge an FIR with the police in case of death or serious bodily injury.
• Pay for first aid/treatment of minor/major injuries to the worker. In case of death, pay for transportation to hometown and funeral.
• The following documents should be obtained and recorded for settlement along with completed WC Insurance Claim Forms:

• Birth certificate duly certified by the Gram Panchayat/School Leaving Certificate
• Death certificate/Medical fitness certificate including percentage loss of earning power
• Discharge Summary if admitted to a government hospital/dispensary/local hospital for treatment
• Original cash memos/receipts for the purchase of medicines/treatment given
• Original Test Report/X-Ray Report along with X-Ray plate if any
• Discharge Certificate

• In Case of Death:

• Postmortem Report
• Cremation/Last rites Certificate from cremation ground/burial ground/cemetery with receipt
• Declaration of dependents
• Monthly wages sheet
• Photocopy of muster roll

Best wishes for a bright future.