A worker while working in the machine got an accident and died. What actions employer should take under these circumstances.
From India
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4From India
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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.
If factory is in Maharastra
Maharashtra Factories Rules, 1963, Rule 115 deals with accidents.
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.
The above notice is to be confirmed by the Manager of the Factory to the above authorities by sending a written report of the accident in Form 24 of the Maharashtra Factories Rules or in Form 16-A of the Employees’ State Insurance (General) Regulations, 1950 (if ESI is applicable).
So check on local rules of the state and immediately initiate actions.
From India, Pune
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If factory is in Maharastra
Maharashtra Factories Rules, 1963, Rule 115 deals with accidents.
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.
The above notice is to be confirmed by the Manager of the Factory to the above authorities by sending a written report of the accident in Form 24 of the Maharashtra Factories Rules or in Form 16-A of the Employees’ State Insurance (General) Regulations, 1950 (if ESI is applicable).
So check on local rules of the state and immediately initiate actions.
From India, Pune
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The rules could vary since you haven't mentioned the country's name in the query. If we talk about Japan where we reside, the employer has to provide compensation:
1. to the family depending upon the number of members in the family.
2. for the employee's funeral.
From India, Jammu
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1. to the family depending upon the number of members in the family.
2. for the employee's funeral.
From India, Jammu
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Apart from the Section 88 formalities, call the local police immediately to conduct a postmortem to determine the actual cause of death. Although management is aware of the cause of death, sometimes negligence is not the reason at the workplace. The actual cause could be heart disease, shock, respiratory disease, etc.
Best Regards,
Sajid
9899775578
From India, Gurgaon
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Best Regards,
Sajid
9899775578
From India, Gurgaon
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Actually, speaking, as soon as we hear about the death of the workmen, don't try to examine and declare about the death on the spot. Immediately take the body/patient to a nearby hospital after giving first aid. This will prevent a mob gathering. We are not doctors to declare; let the doctor do his duty.
Regards,
P. K. Prasad
From India, Udaipur
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Regards,
P. K. Prasad
From India, Udaipur
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I agree with P K Prasad. When an accident takes place and anybody is injured or dies, they should be taken to the hospital first. Here are the steps to follow:
* Inform the local police for emergency preparation.
* Inform the Factory Inspector by phone and then fill out the necessary forms applicable to the state.
* Inform ESI (Employee State Insurance).
* Notify the ALC (Accident Liability Cell) for compensation.
In case it involves BOC (Building and Other Construction):
* In addition to the above notifications, it is also necessary to inform the WCP (Workmen's Compensation Program) authorities.
From India, Beawar
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* Inform the local police for emergency preparation.
* Inform the Factory Inspector by phone and then fill out the necessary forms applicable to the state.
* Inform ESI (Employee State Insurance).
* Notify the ALC (Accident Liability Cell) for compensation.
In case it involves BOC (Building and Other Construction):
* In addition to the above notifications, it is also necessary to inform the WCP (Workmen's Compensation Program) authorities.
From India, Beawar
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I agree with P K Prasad, please also mention compensation in case disability or death. how we can compensate as per legal provision.
From India, Pune
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From India, Pune
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I know one sad story. A friend of my friend worked in a factory. He was a dedicated worker with many achievements. However, one day, he had an accident. He was operating a crane, and upon entering, he tripped on some tools, hitting his head on the floor, resulting in his untimely death. This unfortunate incident occurred due to the disorganization in the workplace. Therefore, I recommend using a different kit organizer, which can be found [here](https://thecozyholic.com/best-socket-organizer), to prevent such accidents. Let's all remember to be careful.
From United States, Dallas
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From United States, Dallas
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