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
From India, New Delhi
Death on factory site has legal angle from police,factory Inspector and humanitarian angle.
Speedy action is necessary in legal terms
As per Section 88 of the Factories Act, 1948 if an accident occurs in any factory which causes death, or bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more immediately following the accident, the Manager of the factory shall send notice of the same to such authorities and in such form as may be prescribed by the Rules framed by the State Government in that regard.
Under the Maharashtra Factories Rules, 1963, Rule 115 deals with accidents. The said Rule 115 has a Schedule appended to it, which Schedule lists 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), 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
As per Rule 115, in case of an accident or a dangerous occurrence in a factory which 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 cause death, or is likely to cause death, then such a notice needs to 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 of 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 ERSIC cover,info to ESIC will be needed in their standard format laid down for reporting of death of insured person.
Every state will be having similar rules on matters regarding safety and health.Kindly take appropriate actions.
From India, Pune
3131Speedy action is necessary in legal terms
As per Section 88 of the Factories Act, 1948 if an accident occurs in any factory which causes death, or bodily injury by reason of which the person injured is prevented from working for a period of 48 hours or more immediately following the accident, the Manager of the factory shall send notice of the same to such authorities and in such form as may be prescribed by the Rules framed by the State Government in that regard.
Under the Maharashtra Factories Rules, 1963, Rule 115 deals with accidents. The said Rule 115 has a Schedule appended to it, which Schedule lists 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), 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
As per Rule 115, in case of an accident or a dangerous occurrence in a factory which 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 cause death, or is likely to cause death, then such a notice needs to 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 of 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 ERSIC cover,info to ESIC will be needed in their standard format laid down for reporting of death of insured person.
Every state will be having similar rules on matters regarding safety and health.Kindly take appropriate actions.
From India, Pune
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Dispciplinary Action.doc
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