Dear Bhaskar, Yes Morally Safety officer is responsible but legally Factory Manager/Occupier is responsible. Regards, Hansa
From India, Udaipur
198From India, Udaipur
Dear manish,
Whether the arrest is valid or not, it is an unfortunate incident to read about it.
I disagree that safety officer has only advisory role. Without his certificate, that proper safety instructions & equipement is given, 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 cosent & approval?
If it was regular work, was the work procedure approved by safety department?
2. Are there records of the safety trainings delivered to respective employees?
3. The news talks about fall from 75 meters. Was there no safety fence / harness? Did the employee detach harness / jump over the fence?
4. Was there no provision of Automatic / manual fire extinguishing system in that fire prone zone? Was the location of it not proper?
All above things fall in the responsibiltiy of safety officer. if they are followed properly, then it is very unlikely that such a accident has happened.
This is just an arrest, & 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... & possibility is, it may not be their fault...
Whether the arrest is valid or not, it is an unfortunate incident to read about it.
I disagree that safety officer has only advisory role. Without his certificate, that proper safety instructions & equipement is given, 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 cosent & approval?
If it was regular work, was the work procedure approved by safety department?
2. Are there records of the safety trainings delivered to respective employees?
3. The news talks about fall from 75 meters. Was there no safety fence / harness? Did the employee detach harness / jump over the fence?
4. Was there no provision of Automatic / manual fire extinguishing system in that fire prone zone? Was the location of it not proper?
All above things fall in the responsibiltiy of safety officer. if they are followed properly, then it is very unlikely that such a accident has happened.
This is just an arrest, & 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... & possibility is, it may not be their fault...
Dear All,
As a safety officer i know under which circumstances a safety officer had to work in an organization where productivity is the main criteria.Many a times works are carried out without keeping Safety officer in loop, and also sometimes when a safety officer intervene then higher authorities speak about calculated risk.The word Safety only get priority in some top grade MNC'S in India where safety is incorporated in each and every step,ie you have to take clearance from safety department from vendor registration to purchase order or job order release other than permits for doing day to day jobs.
So my point is that before arresting any Safety officer people have to ensure the system is full proof before arresting any one.
Factories Act And Factories Rule clearly states that Safety Officer is no way responsible for any unwanted incidents.
My full support is with you who are fighting the battle in favour of that poor Safety Officer.
Thanking All
Anjan Bandyopadhyay
From India, Mumbai
As a safety officer i know under which circumstances a safety officer had to work in an organization where productivity is the main criteria.Many a times works are carried out without keeping Safety officer in loop, and also sometimes when a safety officer intervene then higher authorities speak about calculated risk.The word Safety only get priority in some top grade MNC'S in India where safety is incorporated in each and every step,ie you have to take clearance from safety department from vendor registration to purchase order or job order release other than permits for doing day to day jobs.
So my point is that before arresting any Safety officer people have to ensure the system is full proof before arresting any one.
Factories Act And Factories Rule clearly states that Safety Officer is no way responsible for any unwanted incidents.
My full support is with you who are fighting the battle in favour of that poor Safety Officer.
Thanking All
Anjan Bandyopadhyay
From India, Mumbai
Dear all
It is true that most of the companies in India, just keeping safety officer for namesake and not following any safety rules / procedures up to the mark. We don't know what is the scenario in this case. Safety officer also has responsibility in the work. As a safety professional, he must identify the hazards and intimate to the management. Also he shall derive control measures incorporate with the execution team and suggest the same to follow during the work. If there is a deviation in following those rules, he shall take up the issues up to the top management in an official manner. These are the things which protects a safety officer if anything goes wrong. This thing could be done only by a professional safety officer. If he failed to do the same then sure he also a guilty person.
From India, Bangalore
It is true that most of the companies in India, just keeping safety officer for namesake and not following any safety rules / procedures up to the mark. We don't know what is the scenario in this case. Safety officer also has responsibility in the work. As a safety professional, he must identify the hazards and intimate to the management. Also he shall derive control measures incorporate with the execution team and suggest the same to follow during the work. If there is a deviation in following those rules, he shall take up the issues up to the top management in an official manner. These are the things which protects a safety officer if anything goes wrong. This thing could be done only by a professional safety officer. If he failed to do the same then sure he also a guilty person.
From India, Bangalore
The Occupier or the Manager under the Factories Act is the person to be prosecuted.But the establishment would always favour the rich and powerful if a scapegoat can be found.So it is not something unusual for arresting and remanding the' lowly' Safety officer.It happened very recently in a power plant at Tuticorin too.
Thanks,
Sanu Soman
From India, Madras
Thanks,
Sanu Soman
From India, Madras
The safety officer responsibility is to ensure whether 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 also one of the person among the others to be arrested. His duty is not just simply standing and watching the work.
From India, Bangalore
From India, Bangalore
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
From India, Madras
Dear All,
It is really not good & fare at the part authorities, but still I would like to say that first of all the case needs to be investigated, whether or not safety officer advised for some improvement in the same regard. Safety officer should be responsible, if he/she did not turn his/her ears towards the negligence due to which accident occurred. Friends legally, he may not be responsible but he shall be considered at fault in that case.
Still arresting a safety officer without any inquiry is ridiculous & we must protest. I am full throat against to this incident.
Regards,
Inderjeet Singh,
"Born to lead."
From India, Rajsamand
It is really not good & fare at the part authorities, but still I would like to say that first of all the case needs to be investigated, whether or not safety officer advised for some improvement in the same regard. Safety officer should be responsible, if he/she did not turn his/her ears towards the negligence due to which accident occurred. Friends legally, he may not be responsible but he shall be considered at fault in that case.
Still arresting a safety officer without any inquiry is ridiculous & we must protest. I am full throat against to this incident.
Regards,
Inderjeet Singh,
"Born to lead."
From India, Rajsamand
The duty of police in cases of construction accident is to investigate the causes and not to arrest any company officer coz all the deciplinary action to the workers and officer in connection of performance of duty is rest on the company becouse they are only hired for implementing company policies rules and regulations. the arresting of Safety officer is illegal unless the safety officer intentionlly or criminally liable of the offence or it is included in the Special laws of your country? The safety participate only in the investigation for the purpose of correcting the hazard to avoid accident re occurence at the job site, when accident happened and found out that the company violate and not complied with the rules and regulations pertaining to the safety and health of workers is ground for cancelation of licensed and charge for civil liabilities? when the safety officer found that have negligence to his duty the company give him punishment correspondng to the violations like Dissmisal?
not the police give him punishment coz he is working only under company. so the police accuse the company not any worker of the company. and the company punish worker as a protocol.
FFB.
From Qatar
not the police give him punishment coz he is working only under company. so the police accuse the company not any worker of the company. and the company punish worker as a protocol.
FFB.
From Qatar
Yes, if someone fails to do his basic duties mentioned as per law of the land can be prosecuted.
In 2009 an incident happend in one of the reputed companies in UAE,an employee working on the roof fell and died.The project Director,the engineer and the safety officer was convicted for six months impresonment and to pay compensation of three hundred thousand Dirhams to the next of kin of the deseased.The judgement says 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 and rejected the lower court verdict proving some technical failures in the part of worker.
From United Arab Emirates, Dubai
In 2009 an incident happend in one of the reputed companies in UAE,an employee working on the roof fell and died.The project Director,the engineer and the safety officer was convicted for six months impresonment and to pay compensation of three hundred thousand Dirhams to the next of kin of the deseased.The judgement says 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 and rejected the lower court verdict proving some technical failures in the part of worker.
From United Arab Emirates, Dubai
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What your Safety Officer wanted.pdf