Dear all, Please anybody explain what should be taken action by HR, in case of an employee has died due to an accident in factory/company in employment time period. regards jitendra Kumar
From India, New Delhi
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From India, New Delhi
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Legal and Humanitarian Aspects of Factory Site Deaths
Death on a factory site involves legal angles from the police, factory inspector, and humanitarian considerations. Speedy action is necessary in legal terms.
As per Section 88 of the Factories Act, 1948, if an accident occurs in any factory that causes death or bodily injury, preventing the injured person from working for 48 hours or more immediately following the accident, the manager of the factory must send notice of the same to the authorities in the prescribed form as per the rules framed by the State Government.
Under the Maharashtra Factories Rules, 1963, Rule 115 deals with accidents. Rule 115 has a schedule appended to it, listing various kinds of accidents and dangerous occurrences. Item 1(a) of the schedule reads, "Accidents which cause death to any person or are of a serious nature." Also, as per Item 3(e), the collapse of a wall forming part of a factory or within the compound or cartilage of a factory constitutes a 'dangerous occurrence,' whether or not they are attended by personal injury or disablement.
Steps to Take in Case of an Accident or Dangerous Occurrence
As per Rule 115, in case of an accident or a dangerous occurrence in a factory that causes death or is of a serious nature, the following steps need to be taken:
Within 4 hours of the accident, the manager of the factory has to send a notice of the happening 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). Where the accident has caused death or is likely to cause death, such a 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 on the happening of the accident and may mention, in case of death of persons in the factory due to the accident, how many such persons have died.
In case the injured or deceased was under ESIC cover, information to ESIC will be needed in their standard format laid down for reporting the death of an insured person.
Every state will have similar rules on matters regarding safety and health. Kindly take appropriate actions.
From India, Pune
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3180Death on a factory site involves legal angles from the police, factory inspector, and humanitarian considerations. Speedy action is necessary in legal terms.
As per Section 88 of the Factories Act, 1948, if an accident occurs in any factory that causes death or bodily injury, preventing the injured person from working for 48 hours or more immediately following the accident, the manager of the factory must send notice of the same to the authorities in the prescribed form as per the rules framed by the State Government.
Under the Maharashtra Factories Rules, 1963, Rule 115 deals with accidents. Rule 115 has a schedule appended to it, listing various kinds of accidents and dangerous occurrences. Item 1(a) of the schedule reads, "Accidents which cause death to any person or are of a serious nature." Also, as per Item 3(e), the collapse of a wall forming part of a factory or within the compound or cartilage of a factory constitutes a 'dangerous occurrence,' whether or not they are attended by personal injury or disablement.
Steps to Take in Case of an Accident or Dangerous Occurrence
As per Rule 115, in case of an accident or a dangerous occurrence in a factory that causes death or is of a serious nature, the following steps need to be taken:
Within 4 hours of the accident, the manager of the factory has to send a notice of the happening 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). Where the accident has caused death or is likely to cause death, such a 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 on the happening of the accident and may mention, in case of death of persons in the factory due to the accident, how many such persons have died.
In case the injured or deceased was under ESIC cover, information to ESIC will be needed in their standard format laid down for reporting the death of an insured person.
Every state will have similar rules on matters regarding safety and health. Kindly take appropriate actions.
From India, Pune
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