Dear Bhaskar, Yes Morally Safety officer is responsible but legally Factory Manager/Occupier is responsible. Regards, Hansa
From India, Udaipur
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223From India, Udaipur
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Dear Manish,
Whether the arrest is valid or not, it is an unfortunate incident to read about.
I disagree that the safety officer has only an advisory role. Without his certificate, ensuring that proper safety instructions and equipment are provided, no employee can even enter the site. Without his consent, no operation takes place on any site. Every safety officer, before supporting this call, should also check the facts.
1. If it was maintenance work, was the work carried out with safety department consent and approval? If it was regular work, was the work procedure approved by the safety department?
2. Are there records of the safety trainings delivered to respective employees?
3. The news talks about a fall from 75 meters. Was there no safety fence or harness? Did the employee detach the harness or jump over the fence?
4. Was there no provision of an automatic/manual fire extinguishing system in that fire-prone zone? Was the location of it not proper?
All the above things fall under the responsibility of the safety officer. If they are followed properly, then it is very unlikely that such an accident has happened.
This is just an arrest, and let's hope that he could produce proper justifications of his work. If he fails to produce these proofs, then he should be held legally responsible for the accident. It cannot be forgotten that some people have lost their lives, and the possibility is that it may not be their fault.
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Whether the arrest is valid or not, it is an unfortunate incident to read about.
I disagree that the safety officer has only an advisory role. Without his certificate, ensuring that proper safety instructions and equipment are provided, no employee can even enter the site. Without his consent, no operation takes place on any site. Every safety officer, before supporting this call, should also check the facts.
1. If it was maintenance work, was the work carried out with safety department consent and approval? If it was regular work, was the work procedure approved by the safety department?
2. Are there records of the safety trainings delivered to respective employees?
3. The news talks about a fall from 75 meters. Was there no safety fence or harness? Did the employee detach the harness or jump over the fence?
4. Was there no provision of an automatic/manual fire extinguishing system in that fire-prone zone? Was the location of it not proper?
All the above things fall under the responsibility of the safety officer. If they are followed properly, then it is very unlikely that such an accident has happened.
This is just an arrest, and let's hope that he could produce proper justifications of his work. If he fails to produce these proofs, then he should be held legally responsible for the accident. It cannot be forgotten that some people have lost their lives, and the possibility is that it may not be their fault.
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Dear All,
As a safety officer, I know the circumstances under which a safety officer has to work in an organization where productivity is the main criterion. Many times, work is carried out without involving the safety officer, and sometimes, when a safety officer intervenes, higher authorities speak about calculated risks. The word "safety" only gets priority in some top-grade MNCs in India where safety is incorporated into every step. For instance, you have to seek clearance from the safety department for vendor registration, purchase orders, job order releases, and other than permits for day-to-day operations.
So, my point is that before blaming any safety officer, people have to ensure the system is foolproof. The Factories Act and Factories Rule clearly state that a safety officer is in no way responsible for any unwanted incidents.
My full support is with those who are fighting in favor of the safety officer.
Thank you all,
Anjan Bandyopadhyay
From India, Mumbai
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As a safety officer, I know the circumstances under which a safety officer has to work in an organization where productivity is the main criterion. Many times, work is carried out without involving the safety officer, and sometimes, when a safety officer intervenes, higher authorities speak about calculated risks. The word "safety" only gets priority in some top-grade MNCs in India where safety is incorporated into every step. For instance, you have to seek clearance from the safety department for vendor registration, purchase orders, job order releases, and other than permits for day-to-day operations.
So, my point is that before blaming any safety officer, people have to ensure the system is foolproof. The Factories Act and Factories Rule clearly state that a safety officer is in no way responsible for any unwanted incidents.
My full support is with those who are fighting in favor of the safety officer.
Thank you all,
Anjan Bandyopadhyay
From India, Mumbai
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Dear all,
It is true that most of the companies in India just keep a safety officer for namesake and do not follow any safety rules or procedures up to the mark. We don't know what the scenario is in this case. A safety officer also has responsibilities in the workplace. As a safety professional, he must identify the hazards and inform the management. Additionally, he should develop control measures in collaboration with the execution team and recommend the same to be followed during work. If there is a deviation from following those rules, he should escalate the issues to top management in an official manner. These actions protect a safety officer if anything goes wrong. This can only be done by a professional safety officer. If he fails to do the same, then he is also a guilty party.
From India, Bangalore
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It is true that most of the companies in India just keep a safety officer for namesake and do not follow any safety rules or procedures up to the mark. We don't know what the scenario is in this case. A safety officer also has responsibilities in the workplace. As a safety professional, he must identify the hazards and inform the management. Additionally, he should develop control measures in collaboration with the execution team and recommend the same to be followed during work. If there is a deviation from following those rules, he should escalate the issues to top management in an official manner. These actions protect a safety officer if anything goes wrong. This can only be done by a professional safety officer. If he fails to do the same, then he is also a guilty party.
From India, Bangalore
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The occupier or the manager under the Factories Act is the person to be prosecuted. However, the establishment would always favor the rich and powerful if a scapegoat can be found. So, it is not unusual to arrest and remand the "lowly" Safety Officer. This situation occurred very recently in a power plant in Tuticorin as well.
Thanks,
Sanu Soman
From India, Madras
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Thanks,
Sanu Soman
From India, Madras
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The safety officer's responsibility is to ensure that those things are installed in an appropriate manner. If it is not in place, then he should recommend the management to install the same. If he fails, then he is also one of the persons among others to be arrested. His duty is not just simply standing and watching the work.
From India, Bangalore
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From India, Bangalore
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Dear All That is injustice to arrest the Safety Officer.For lack of administration & law & order deterioration could arrest the Chief Minister/Prime Minister? Other high officers?
From India, Madras
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From India, Madras
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Dear All,
It is really not good and fair at the part authorities, but still I would like to say that first of all the case needs to be investigated, whether or not the safety officer advised for some improvement in the same regard. The safety officer should be responsible if he/she did not turn his/her ears towards the negligence due to which the accident occurred. Legally, he may not be responsible, but he shall be considered at fault in that case.
Arresting a safety officer without any inquiry is ridiculous and we must protest. I am fully against this incident.
Regards, Inderjeet Singh, "Born to lead."
From India, Rajsamand
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It is really not good and fair at the part authorities, but still I would like to say that first of all the case needs to be investigated, whether or not the safety officer advised for some improvement in the same regard. The safety officer should be responsible if he/she did not turn his/her ears towards the negligence due to which the accident occurred. Legally, he may not be responsible, but he shall be considered at fault in that case.
Arresting a safety officer without any inquiry is ridiculous and we must protest. I am fully against this incident.
Regards, Inderjeet Singh, "Born to lead."
From India, Rajsamand
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The duty of the police in cases of construction accidents is to investigate the causes and not to arrest any company officer because all disciplinary action for the workers and officers in connection with the performance of their duties rests on the company. They are hired only to implement company policies, rules, and regulations. The arresting of a Safety Officer is illegal unless the Safety Officer is intentionally or criminally liable for the offense or if it is included in the special laws of your country.
The safety officer participates only in the investigation to correct hazards and prevent recurring accidents at the job site. If an accident occurs and it is discovered that the company violated and did not comply with the safety and health regulations for workers, this could lead to the cancellation of licenses and charges for civil liabilities. When a safety officer is found negligent in their duty, the company can punish them according to the violations, such as dismissal.
It is not the police's role to punish the safety officer as they work under the company. Therefore, the police accuse the company, not any individual worker, and the company punishes the worker as per protocol.
FFB.
From Qatar
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The safety officer participates only in the investigation to correct hazards and prevent recurring accidents at the job site. If an accident occurs and it is discovered that the company violated and did not comply with the safety and health regulations for workers, this could lead to the cancellation of licenses and charges for civil liabilities. When a safety officer is found negligent in their duty, the company can punish them according to the violations, such as dismissal.
It is not the police's role to punish the safety officer as they work under the company. Therefore, the police accuse the company, not any individual worker, and the company punishes the worker as per protocol.
FFB.
From Qatar
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Yes, if someone fails to do his basic duties as mentioned by the law of the land, they can be prosecuted.
In 2009, an incident happened in one of the reputed companies in the UAE. An employee working on the roof fell and died. The project director, the engineer, and the safety officer were convicted for six months imprisonment and ordered to pay compensation of three hundred thousand Dirhams to the next of kin of the deceased. The judgment stated that these responsible persons failed to stop the activity during a strong wind, which caused the fall and death of the worker.
Later, they appealed to the higher court, which rejected the lower court verdict, citing some technical failures on the part of the worker.
From United Arab Emirates, Dubai
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In 2009, an incident happened in one of the reputed companies in the UAE. An employee working on the roof fell and died. The project director, the engineer, and the safety officer were convicted for six months imprisonment and ordered to pay compensation of three hundred thousand Dirhams to the next of kin of the deceased. The judgment stated that these responsible persons failed to stop the activity during a strong wind, which caused the fall and death of the worker.
Later, they appealed to the higher court, which rejected the lower court verdict, citing some technical failures on the part of the worker.
From United Arab Emirates, Dubai
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