Fatal Accident Despite Safety Measures: Who Holds Responsibility in This Case?

Dear Sir,

Please let me know if a fatal accident occurred in the plant due to falling from a height, and the safety officer provided safe height work training, height work permit, and all required PPEs for working at heights such as a lifeline, safety belt with full body harness, helmet, and shoes, then who is responsible for the accident.

Dear Rajput,

First of all, if all training is given, employees are wearing safety belts, harnesses, helmets, and shoes, then how did the fatal accident happen in the first place?

In other words, if the safety manager had trained the employee well and the employee is also following all safety norms, yet an accident occurred, then in my opinion, no one is responsible. This is what is called an accident, which can happen suddenly and unexpectedly.

Dear Rajput,

As per the Factories Act, 1948, the Factory Manager, as well as the Occupier, is responsible for the safety of workers. Thus, legally, they would be held responsible until and unless proved otherwise.

S. Sensharma
Industrial Law Consultant, Meerut

Understanding Responsibility in Factory Accidents

For any accident in the factory, there are two things to be considered: an unsafe act and an unsafe condition. If a worker didn't wear a helmet even when it was provided to him, then it is an unsafe act and the worker's mistake. If the worker was on a ladder that was broken, and the worker fell from it, it was an unsafe condition. However, this can only be determined after a proper inquiry.

For an unsafe act, the worker is primarily responsible most of the time, but for an unsafe condition, the person in charge of that work is responsible. An inquiry needs to be conducted to find out.

Dear Rajput, If a fatal accident has occurred in your company, have you ordered an inquiry to assess the cause of the accident? Unless the inquiry is ordered and the blameworthiness or negligence is established, it would be premature to assign blame to the safety officer or the occupier, etc. During this inquiry, the appointed officer may investigate aspects such as training, whether the employee wore PPE, followed the SOP for the assigned work, and whether the SOP was in place.

Please note that this is a fact-finding inquiry and is distinct from a domestic inquiry. Based on the findings of the fact-finding inquiry, you may proceed with a domestic inquiry. Following the recommendations from the domestic inquiry, the management may take suitable actions. For further inquiries, feel free to contact me.

Thanks,

Dinesh Divekar

What are all the procedures when a fatal accident occurs? This information will be very useful for my career.

Responsibility for Workplace Accidents

Your Query: "Who is responsible for the accident?"

Position: "Accidents do not happen; accidents are caused." As per practice, immediately after the occurrence of any accident involving an employed person on duty, arising out of and/or in the course of work, an inquiry is conducted by the internal Safety Committee to ascertain how and under what circumstances the accident happened. This is followed by a due inquiry by the Factory Inspectorate in the case of an industrial establishment, or by a government authority appointed for that purpose in other establishments, to ascertain the cause of the accident. This process is often accompanied by local police or law enforcement authorities.

These inquiries reveal the cause or causes of the accident, and remedial measures are promptly taken to avert the recurrence of such or similar accidents. These inquiries also uncover elements of negligence, and corrective actions are taken for accident prevention and safety promotion. Accountability is ascertained, and disciplinary action is initiated.

As far as compensation is concerned, it is determined as per the provisions applicable to the deceased involved in the fatal accident.

Regards, Team Kritarth

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21.6.17