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  • Priyanka Chadda Jan-14-2019 01:33:10 PM ( 6 months ago )

    Death Of A Worker In Factory Premises - What Actions Employer Should Take Under These Circumstances? 

  • Sunanda Kashyap Jan-14-2019 01:34:42 PM ( 6 months ago )

    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

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