Can Industries Hold Individuals Accountable for Safety Violations Leading to Accidents?

Industry Action for Safety Regulation Violations

If any accident happens in the industry due to not following safety regulations, can the industry take any action against the individual?

Legal References for Industry Actions

If yes, then where is it mentioned in the rules or acts? Please.

Dear Mahesh BM,

If the accident occurred in the company, please order an inquiry to investigate the causes of the accident. Let the matter be investigated impartially. Please note that the focus of the inquiry should not be on the person, but on the incident. The Investigation Officer (IO) should investigate what preventive measures were taken to prevent the accident, whether safety training was imparted to the employee(s) involved in the accident, what the role of the Supervisor or Manager was in the accident, the cause of the accident, whether it was due to unsafe practice or unsafe working conditions, and so on. The IO should also investigate the role of the Safety Officer (SO). Did the SO raise alarms, but nobody heeded them?

By conducting the investigation, we understand the loopholes in the system. If we focus on the person, then an investigation may start with prejudice, and we may not come to know the real cause. A prejudiced mind may even vitiate the investigation. We should not allow this to happen.

If the culpability of the employee(s) is established in the investigation, then the management can order a domestic inquiry. Based on the recommendations of the Enquiry Officer (EO), the management may initiate suitable disciplinary action.

Thanks,

Dinesh Divekar

Whether in the workplace accident or otherwise, actions against all types of misconduct are taken under the provisions of the Industrial Standing Orders Act.

If the misconduct is proved in the domestic enquiry, then the administration of the company can refer to the standing orders. Find out under which clause the misconduct took place. If the misconduct is defined in the standing orders, then the management can take action against the employee.

Thanks,

Dinesh Divekar