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Arresting of safety personnel due to an incident and blaming negligence is not the right way to address the occupational incident probation. As per the BOCW Act and the latest amendment to the Factories Act:
1. The occupier or person in charge of a specific activity is responsible for the safety and health of their workers.
2. The responsibility of a safety officer is to identify hazards and communicate them to the in-charge/employee. If a supervisor or in-charge fails to communicate these hazards, they are accountable.
Find proof of unsafe activities communicated by the Safety Officer in training/toolbox/unsafe reports of the plant and present this evidence to the legal authority.
There is a recent amendment in Factories Rule 5 & 6 (I don't have a copy of it) that emphasizes the responsibility of hazard communication and accountability. Produce this information to the relevant authority.
Obtain copies of the HSE policy, plan, JHA committed by the company stating who is responsible and provide these documents.
Approach DGFLSI and the Ministry of Labor for any disruptions in the process.
IN MY VIEW, USING THIS approach can help ensure better handling of safety incidents.
From India, Visakhapatnam
1. The occupier or person in charge of a specific activity is responsible for the safety and health of their workers.
2. The responsibility of a safety officer is to identify hazards and communicate them to the in-charge/employee. If a supervisor or in-charge fails to communicate these hazards, they are accountable.
Find proof of unsafe activities communicated by the Safety Officer in training/toolbox/unsafe reports of the plant and present this evidence to the legal authority.
There is a recent amendment in Factories Rule 5 & 6 (I don't have a copy of it) that emphasizes the responsibility of hazard communication and accountability. Produce this information to the relevant authority.
Obtain copies of the HSE policy, plan, JHA committed by the company stating who is responsible and provide these documents.
Approach DGFLSI and the Ministry of Labor for any disruptions in the process.
IN MY VIEW, USING THIS approach can help ensure better handling of safety incidents.
From India, Visakhapatnam
Please can any one tell me about the section and rules defining qualification of safety officer as per factory act and gujarat factory rules?
From India, Gandhinagar
From India, Gandhinagar
Whenever there is negligence in duty and an accident occurs, with only the safety officer and the operations manager being held liable, what is the role of the employer/occupier? We express our protest regarding the arrests and urge the government to release them unconditionally.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
Yes, why not. A safety officer is appointed in units where there are 1000 or more workers employed. Regarding qualifications, they should be as follows:
Qualifications:
(a) A person shall not be eligible for appointment as a Safety Officer unless he:
(i) Possesses a recognized degree in any branch of engineering or technology and has practical experience working in a port or similar place in a supervisory capacity for a period of not less than two years; or possesses a recognized degree in physics or chemistry and has practical experience working in a port or similar place in a supervisory capacity for a period of not less than five years; or possesses a recognized diploma in any branch of engineering or technology and has practical experience working in a port or similar place in a supervisory capacity for a period of not less than five years;
(ii) possesses a degree or diploma in industrial safety recognized by the Central Government in this behalf;
Provided that, in the case of a person who has been working as a Safety Officer in the industry or any institution for a period of not less than three years on the date of commencement of these regulations, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications as per the Factory Act of 1948.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Qualifications:
(a) A person shall not be eligible for appointment as a Safety Officer unless he:
(i) Possesses a recognized degree in any branch of engineering or technology and has practical experience working in a port or similar place in a supervisory capacity for a period of not less than two years; or possesses a recognized degree in physics or chemistry and has practical experience working in a port or similar place in a supervisory capacity for a period of not less than five years; or possesses a recognized diploma in any branch of engineering or technology and has practical experience working in a port or similar place in a supervisory capacity for a period of not less than five years;
(ii) possesses a degree or diploma in industrial safety recognized by the Central Government in this behalf;
Provided that, in the case of a person who has been working as a Safety Officer in the industry or any institution for a period of not less than three years on the date of commencement of these regulations, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications as per the Factory Act of 1948.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
Dear all,
I have been working as a safety officer in India for the past 10 years. During this time, I have worked in more than five companies. Unfortunately, in all these companies, safety professionals are appointed merely to comply with government or factory regulations regarding safety, rather than to genuinely safeguard the employees. Some management teams do not listen to the suggestions or observations provided by safety officers. In situations where a safety officer tries to enforce safer work practices with the execution team or management, they may face transfer or even termination. I have witnessed this firsthand.
Most construction companies prioritize completing work on time, often overlooking safety considerations. When a safety officer intervenes to ensure safety, it can lead to project delays due to the lack of safety awareness among the team on site. In many construction companies, the safety officer reports to either the project manager or the site in-charge, making it challenging for them to halt work for safety reasons. Without a proper reporting channel, safety officers become mere figureheads, giving the illusion that the company prioritizes safety.
Safety officers can only recommend safe work practices. If the company lacks a system to implement these recommendations or if the execution team does not prioritize safety, the only remaining option for the safety professional is to resign from the company. This situation is unfair.
If a safety professional fails to communicate their observations or suggestions to the execution team, supervisors, or site in-charges, they may be held responsible for any accidents that occur.
Dear all, if you have any suggestions on how to better protect a safety officer's job, please share them with me.
Email: sujeeshtm068@gmail.com
Thank you.
From Oman, Muscat
I have been working as a safety officer in India for the past 10 years. During this time, I have worked in more than five companies. Unfortunately, in all these companies, safety professionals are appointed merely to comply with government or factory regulations regarding safety, rather than to genuinely safeguard the employees. Some management teams do not listen to the suggestions or observations provided by safety officers. In situations where a safety officer tries to enforce safer work practices with the execution team or management, they may face transfer or even termination. I have witnessed this firsthand.
Most construction companies prioritize completing work on time, often overlooking safety considerations. When a safety officer intervenes to ensure safety, it can lead to project delays due to the lack of safety awareness among the team on site. In many construction companies, the safety officer reports to either the project manager or the site in-charge, making it challenging for them to halt work for safety reasons. Without a proper reporting channel, safety officers become mere figureheads, giving the illusion that the company prioritizes safety.
Safety officers can only recommend safe work practices. If the company lacks a system to implement these recommendations or if the execution team does not prioritize safety, the only remaining option for the safety professional is to resign from the company. This situation is unfair.
If a safety professional fails to communicate their observations or suggestions to the execution team, supervisors, or site in-charges, they may be held responsible for any accidents that occur.
Dear all, if you have any suggestions on how to better protect a safety officer's job, please share them with me.
Email: sujeeshtm068@gmail.com
Thank you.
From Oman, Muscat
Dear all,
Whenever such incidents happen in any plant, the police first visit the site and file an FIR against the accused person. According to the police, the person responsible for the safety of the plant is the safety officer, irrespective of what has happened on that day or what safety precautions were taken. If it is a fatal accident, without investigating, they file an FIR on the safety officer. It is the factory inspector who understands the role of the safety officer, and in his investigation, mostly, he files a case against the factory manager. My point here is that an FIR is a very serious matter for any common man. So, when the police are accusing someone, then they should first investigate the case like the factory inspector or should take the help of the factory inspector before raising any FIR.
From India, New Delhi
Whenever such incidents happen in any plant, the police first visit the site and file an FIR against the accused person. According to the police, the person responsible for the safety of the plant is the safety officer, irrespective of what has happened on that day or what safety precautions were taken. If it is a fatal accident, without investigating, they file an FIR on the safety officer. It is the factory inspector who understands the role of the safety officer, and in his investigation, mostly, he files a case against the factory manager. My point here is that an FIR is a very serious matter for any common man. So, when the police are accusing someone, then they should first investigate the case like the factory inspector or should take the help of the factory inspector before raising any FIR.
From India, New Delhi
Dear All,
It is the occupier's duty to prepare HSE Policy & Plan and also review the performance of Health, Safety & Environment.
It is the occupier's duty to select and provide competent HSE Personnel and decide all roles and responsibilities of each individual in the organization towards HSE goals and objectives.
What if a Safety Officer has just joined the organization and an accident happens? He may not be able to identify that hazard while the occupier has been running the industry for many years. So, it is clear that socially, morally, legally, and financially it is the occupier's responsibility to avoid accidents and take the required control measures.
Gujarat Safety Officer's duties and responsibilities clearly state all the requirements.
Regards,
Hemal Sheth
From India, Anand
It is the occupier's duty to prepare HSE Policy & Plan and also review the performance of Health, Safety & Environment.
It is the occupier's duty to select and provide competent HSE Personnel and decide all roles and responsibilities of each individual in the organization towards HSE goals and objectives.
What if a Safety Officer has just joined the organization and an accident happens? He may not be able to identify that hazard while the occupier has been running the industry for many years. So, it is clear that socially, morally, legally, and financially it is the occupier's responsibility to avoid accidents and take the required control measures.
Gujarat Safety Officer's duties and responsibilities clearly state all the requirements.
Regards,
Hemal Sheth
From India, Anand
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