what are the ways in which an accident and safety incharge in a pharma comapny deals in case of death of an employee due to some accident in the premises?
From India, Bengaluru
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From India, Bengaluru
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Inform the Inspector of Factories and the local police station within 12 hours of the fatal accident happening, either through telephone or a separate messenger using Form 18. The information must also be relayed to the next of kin of the injured person promptly.
The Inspector of Factories will conduct a visit to the factory premises, investigate the incident, and issue appropriate actions such as fines, compensation to the deceased person, and imprisonment if there is gross negligence on the part of the management.
From India, Chennai
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153The Inspector of Factories will conduct a visit to the factory premises, investigate the incident, and issue appropriate actions such as fines, compensation to the deceased person, and imprisonment if there is gross negligence on the part of the management.
From India, Chennai
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You need to read the Factories Act and the state rules related to accidents. In the event of an accident, you are required to inform the Inspector of Factories through a messenger, the police, or the family of the deceased. Additionally, you must send the accident report to the relevant authorities. Other formalities such as EPF, ESI, Gratuity, and welfare funds can be addressed at a later stage.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Friend,
Whatever the incident or accident, please try to follow the procedure herein:
1) Record the date and time of the incident; the official should be the one who is in charge.
2) Immediately evacuate the person to the nearby hospital, probably to the government hospital, informing the facts. Inform the next of kin and have them available during the post-mortem. The company/organizational employee should be made in charge until the final crematorium. Financial assistance should be provided to the next of kin for the rites.
3) The nature of the incident should be documented, possibly in writing by the safety officer of the premises.
4) If the incident occurred at the workplace, the in-charge should inform the next higher official/safety officer/manager and the plant manager.
5) If the incident occurred in premises other than the workplace (e.g., transportation/lifts/fire accidents), it should be notified immediately to the safety officer/manager. There is no need to involve the plant manager, only the official who has detailed the worker/employee other than for their natural work.
6) The incident should be reported to the nearby police station/fire station in the case of a fire accident.
7) The information should also be provided to the labor officer/Inspection of Factories.
8) Initiate an order to conduct a preliminary inquiry and find out prima facie if the incident occurred at your premises. After conducting a detailed inquiry, benefits should be provided to the deceased.
9) For death, procedures should be followed accordingly. The final order should provide clear details of the incident, benefits to the next of kin, EPF final payments, etc. The deceased should be removed from service immediately, and a copy should be kept to obtain a death certificate.
My heartfelt condolences... Do good for the deceased...
From India, Arcot
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Whatever the incident or accident, please try to follow the procedure herein:
1) Record the date and time of the incident; the official should be the one who is in charge.
2) Immediately evacuate the person to the nearby hospital, probably to the government hospital, informing the facts. Inform the next of kin and have them available during the post-mortem. The company/organizational employee should be made in charge until the final crematorium. Financial assistance should be provided to the next of kin for the rites.
3) The nature of the incident should be documented, possibly in writing by the safety officer of the premises.
4) If the incident occurred at the workplace, the in-charge should inform the next higher official/safety officer/manager and the plant manager.
5) If the incident occurred in premises other than the workplace (e.g., transportation/lifts/fire accidents), it should be notified immediately to the safety officer/manager. There is no need to involve the plant manager, only the official who has detailed the worker/employee other than for their natural work.
6) The incident should be reported to the nearby police station/fire station in the case of a fire accident.
7) The information should also be provided to the labor officer/Inspection of Factories.
8) Initiate an order to conduct a preliminary inquiry and find out prima facie if the incident occurred at your premises. After conducting a detailed inquiry, benefits should be provided to the deceased.
9) For death, procedures should be followed accordingly. The final order should provide clear details of the incident, benefits to the next of kin, EPF final payments, etc. The deceased should be removed from service immediately, and a copy should be kept to obtain a death certificate.
My heartfelt condolences... Do good for the deceased...
From India, Arcot
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what are the ways in which an accident is dealt with in a pharma comapny especially in case of death of an employee due to some accident in the premises?
From India, Bengaluru
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From India, Bengaluru
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Dear Anonymous,
"Premises" is a common word, unless you specify the location of the accident. In such cases, the procedure remains the same as described above. However, if the accident is caused by chemical activation, the procedure will differ.
Thank you.
From India, Arcot
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"Premises" is a common word, unless you specify the location of the accident. In such cases, the procedure remains the same as described above. However, if the accident is caused by chemical activation, the procedure will differ.
Thank you.
From India, Arcot
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Dear Charu
Regarding your problem pl see the following and get educated.
Dear Sir/Madam,
In complex environment of modern days in extraneous situations unexpected crisis, one may end up in peculiar situation and problems like accident, fire, catastrophe, natural disaster and loss. To face and deal such situation essential knowledge expertise is considered as one of the managerial competency. How to know and acquire this expertise and overcome problems, protect and safeguard interest of self, establishment and affected is essence of following one day program
“On Crisis and Accidents Management” organized at
BELL Hotel and Convention Centre, Next to City Railway Station, (Majestic) Bangalore.
On: 19h December 2015 Time - 9:30 am to 5:00 pm
We would appreciate if you kindly nominate your Safety / Security / Admin / HR Managers / Executives / Supervisors/and others to attend the programme.
For more details go through attached program brochure and registration form.
Thanks and regards,
Chethan H S
Program Executive
8904468734
____________________________________
Ram K Navaratna
HR Resonance
www;hrresonance dot com
From India, Bangalore
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Regarding your problem pl see the following and get educated.
Dear Sir/Madam,
In complex environment of modern days in extraneous situations unexpected crisis, one may end up in peculiar situation and problems like accident, fire, catastrophe, natural disaster and loss. To face and deal such situation essential knowledge expertise is considered as one of the managerial competency. How to know and acquire this expertise and overcome problems, protect and safeguard interest of self, establishment and affected is essence of following one day program
“On Crisis and Accidents Management” organized at
BELL Hotel and Convention Centre, Next to City Railway Station, (Majestic) Bangalore.
On: 19h December 2015 Time - 9:30 am to 5:00 pm
We would appreciate if you kindly nominate your Safety / Security / Admin / HR Managers / Executives / Supervisors/and others to attend the programme.
For more details go through attached program brochure and registration form.
Thanks and regards,
Chethan H S
Program Executive
8904468734
____________________________________
Ram K Navaratna
HR Resonance
www;hrresonance dot com
From India, Bangalore
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Dear Charu,
Our learned members have given their opinions as well. Your query, however, appears to be hypothetical and based on assumptions. I am unsure whether you are seeking knowledge for yourself or are inquiring about the procedures for handling such cases.
Immediately after an accident, you should report the incident to the Inspector of Factories as required by the applicable act. In cases involving fatalities, the local police stations must also be informed. The Inspector will conduct an inquiry into the accident and file a criminal case in the court of law if necessary. If negligence is found, particularly in terms of safety, the Management, including the safety officer and unit in charge, will be held accountable for the consequences and will undergo an inquiry.
Additionally, in instances of fatalities or bodily injuries, whether resulting in permanent or temporary disablement, the matter must be reported to the Commissioner of Workmen's Compensation. Compensation should be provided to the victims or their next of kin in case of fatalities through the Commissioner, in accordance with the schedule outlined in the Workmen's Compensation Act, 1923.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Our learned members have given their opinions as well. Your query, however, appears to be hypothetical and based on assumptions. I am unsure whether you are seeking knowledge for yourself or are inquiring about the procedures for handling such cases.
Immediately after an accident, you should report the incident to the Inspector of Factories as required by the applicable act. In cases involving fatalities, the local police stations must also be informed. The Inspector will conduct an inquiry into the accident and file a criminal case in the court of law if necessary. If negligence is found, particularly in terms of safety, the Management, including the safety officer and unit in charge, will be held accountable for the consequences and will undergo an inquiry.
Additionally, in instances of fatalities or bodily injuries, whether resulting in permanent or temporary disablement, the matter must be reported to the Commissioner of Workmen's Compensation. Compensation should be provided to the victims or their next of kin in case of fatalities through the Commissioner, in accordance with the schedule outlined in the Workmen's Compensation Act, 1923.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Ms. Charu93,
I don't know how did I come to this page. But when I saw your Profile and found that you are a Student, thought of sharing knowledge with you as below .....
Rule 115 under Factories Act, 1948:
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.
(Section 92 of the Factories Act gives the general penalty for contravention of the Act and Rules. The Section states that the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for up to two years or with fine up to Rupees 1 lakh or with both. Therefore, failure to send notice of the fatal accident in 4 hours and written report within 12 hours as mentioned above can lead to prosecution of the occupier and manager of the factory. Please note the ultimate control over the affairs of the factory will always be with the board of directors of the company and cannot be vested in any other person, without completely transferring the control over the factory to the other person.)
Liability under Employees Compensation Act, 2010:
The Act deals with compensation for workers who are injured in the course of duty. The scheme of the Act is not to compensate the worker in lieu of wages. The general principle is that a worker who suffers an injury in the course of his employment, which results in a disablement, should be entitled to compensation and in the case of a fatal injury his dependents should be compensated. Under the Employee’s Compensation Act, it is the employer who is responsible to pay compensation (as opposed to the employees State insurance. Establishments to which the Employees’ State Insurance Act applies, the liability to pay compensation is on the ESI Corporation).
The compensation to be paid by the employer for injuries caused depend on extent of the disablement suffered by the worker; more severe disablements naturally receive higher compensation. This has been categorised as follows:
a) Death;
b) Disablement
i. Permanent total disablement;
ii. Permanent partial Disablement
(c) Temporary disablement
Wages are the basis for amount of compensation paid. Two workers earning different salaries therefore will get different amounts of compensation even though the injury they suffered might be identical. Compensation under this Act is calculated on the basis of the monthly wage received by the worker. According to this Act it is the amount of wages which would be payable for a month’ service – i.e. irrespective of whether the worker is paid on a daily, weekly or piece rate basis.
Also,Employer shall have to send a written report to the Commissioner within 7 days of occurrence of any fatal accident failing which the employer may be held liable for fine.
3. Managing Injury/Death of a Workman due to Accident
• Give first aid,
• Evacuate to a local Govt. hospital/dispensary/registered medical practitioner as per intensity of the case,
• Lodge an FIR with police in case of death, serious bodily injury,
• Pay for First Aid/ for treatment of minor/major injuries to worker, In case of death, pay for transportation to Hometown & Funeral,
• Following documents should be be obtained and put into record for settlement along with completed WC Insurance Claim Forms …..
 Birth certificate duly certified by the Gram Panchayat/School Leaving Certificate
 Death certificate / Medical fitness certificate including percentage loss of earning power
 Discharge Summary -if admitted in Govt. Hospital / Govt. Dispensary /Local Hospital for treatment
 Original cash memos / receipts for purchase of medicines/treatment given.
 Original Test Report / X-Ray Report along with X-Ray plate if any
 Discharge Certificate
• In Case of Death …..
 Postmortem Report
 Cremation/Last rites Certificate from cremation ground /burial ground / cemetery with receipt
 Declaration of dependents.
 Monthly wages sheet
 Photocopy of muster roll
Best wishes for a bright future,
From India, Pune
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I don't know how did I come to this page. But when I saw your Profile and found that you are a Student, thought of sharing knowledge with you as below .....
Rule 115 under Factories Act, 1948:
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.
(Section 92 of the Factories Act gives the general penalty for contravention of the Act and Rules. The Section states that the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for up to two years or with fine up to Rupees 1 lakh or with both. Therefore, failure to send notice of the fatal accident in 4 hours and written report within 12 hours as mentioned above can lead to prosecution of the occupier and manager of the factory. Please note the ultimate control over the affairs of the factory will always be with the board of directors of the company and cannot be vested in any other person, without completely transferring the control over the factory to the other person.)
Liability under Employees Compensation Act, 2010:
The Act deals with compensation for workers who are injured in the course of duty. The scheme of the Act is not to compensate the worker in lieu of wages. The general principle is that a worker who suffers an injury in the course of his employment, which results in a disablement, should be entitled to compensation and in the case of a fatal injury his dependents should be compensated. Under the Employee’s Compensation Act, it is the employer who is responsible to pay compensation (as opposed to the employees State insurance. Establishments to which the Employees’ State Insurance Act applies, the liability to pay compensation is on the ESI Corporation).
The compensation to be paid by the employer for injuries caused depend on extent of the disablement suffered by the worker; more severe disablements naturally receive higher compensation. This has been categorised as follows:
a) Death;
b) Disablement
i. Permanent total disablement;
ii. Permanent partial Disablement
(c) Temporary disablement
Wages are the basis for amount of compensation paid. Two workers earning different salaries therefore will get different amounts of compensation even though the injury they suffered might be identical. Compensation under this Act is calculated on the basis of the monthly wage received by the worker. According to this Act it is the amount of wages which would be payable for a month’ service – i.e. irrespective of whether the worker is paid on a daily, weekly or piece rate basis.
Also,Employer shall have to send a written report to the Commissioner within 7 days of occurrence of any fatal accident failing which the employer may be held liable for fine.
3. Managing Injury/Death of a Workman due to Accident
• Give first aid,
• Evacuate to a local Govt. hospital/dispensary/registered medical practitioner as per intensity of the case,
• Lodge an FIR with police in case of death, serious bodily injury,
• Pay for First Aid/ for treatment of minor/major injuries to worker, In case of death, pay for transportation to Hometown & Funeral,
• Following documents should be be obtained and put into record for settlement along with completed WC Insurance Claim Forms …..
 Birth certificate duly certified by the Gram Panchayat/School Leaving Certificate
 Death certificate / Medical fitness certificate including percentage loss of earning power
 Discharge Summary -if admitted in Govt. Hospital / Govt. Dispensary /Local Hospital for treatment
 Original cash memos / receipts for purchase of medicines/treatment given.
 Original Test Report / X-Ray Report along with X-Ray plate if any
 Discharge Certificate
• In Case of Death …..
 Postmortem Report
 Cremation/Last rites Certificate from cremation ground /burial ground / cemetery with receipt
 Declaration of dependents.
 Monthly wages sheet
 Photocopy of muster roll
Best wishes for a bright future,
From India, Pune
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