A Factory, ‘X’ built a boundary wall surrounding its premises. The said boundary wall separates the premises of the said Factory ‘X’ from the premises of Factory, ‘Y’. A worker of a contractor of Factory ‘X’ was operating some machinery near the boundary wall within the premises of Factory ‘X’. While operating the said machinery, the worker accidentally caused the machinery to collide with a portion of the boundary wall. The portion of the wall most affected by the collision collapsed into the premises of Factory ‘Y’ and three female workers, who were employees of a contractor of Factory ‘Y’ and who were working in the premises of Factory ‘Y’, were killed on account of the debris falling over them.
The personnel of Factory ‘X’ telephonically informed the Factory Inspector’s office and local police authorities about the accident and the deaths. The Factory ‘X’ and ‘Y’ are separate factories belonging to different enterprises and are totally unconnected to each other.
We shall examine below the steps that are required to be taken under the law prescribed in the Factories Act and Rules for dealing with accidents.
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.
- 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), and in the case of a dangerous occurrence in Form 24-A, within 12 hours of the occurrence of the accident. A copy of Form 24 is annexed to this Note as Annexure ‘A’. A copy of Form 24-A is annexed to this Note as Annexure ‘B’.
- Thus, where the accident is of a serious nature but has not resulted in death, the notice within 4 hours of the accident and the written report in Form 24 shall be sent only to the Factory Inspector and Administrative Medical Officer, Employees’ State Insurance Scheme (if ESI is applicable). However, if death has occurred or is likely to occur, then such notice and written report will also be sent to the other persons as listed in point 1 above.
- Also, in the event of an accident where an injured person subsequently dies due to the accident, the information of his death wherever known shall be sent by the Manager by telephone, special messenger or telegram within 24 hours of the occurrence to the following authorities:
- The Factory Inspector,
- Administrative Medical Officer, Employees’ State Insurance Scheme (if ESI is applicable)
- The District Magistrate or Sub-Divisional Magistrate
- The Officer-in-charge of the nearest police station
- For the purpose of Rule 115, ‘accident of a serious nature means an accident which results in –
- Immediate loss of any part of the body or any limb or part thereof;
- Crushed or serious injury to any part of the body due to which loss of the same is obvious or any injury which is likely to prove fatal;
- Unconsciousness; or
- Severe burns or scalds due to chemicals, steam or any other cause.
- Penalty for Contravention: 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 upto two years or with fine upto one lakh rupees 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.
- Additional Information: Rule 123 of the Maharashtra Factories Rules also prescribes that the manager of ever factory shall maintain a register of all accidents and dangerous occurrences which occur in the factory in Form 30. Therefore, in case of any accident in the factory, whether fatal or otherwise, as well as any dangerous occurrence, the manager will have to ensure that the same is recorded in the accidents register in Form 30.
ANNEXURE ‘A’ – FORM 24
Report of accident by the Manager
- Name and address of occupier
- Occupier’s Registration No./Licence No.
- Address of premises where accident happened
- Nature of Industry
- Department, shift hours (if any) and exact place where the accident happened
- Name of injured person.
- Insurance Number.
- Address of injured person
- Sex
- Age (last birthday)
- Occupation of injured person
- Local office to which attached.
- Date and hour of accident
- Hour at which he started work on the day of accident
- Whether wages in full or part are payable to him for the day of his accident
- Cause of accident, –
- if caused by machinery –
- give name of the machine and part causing the accident, and
- State whether it was moved by mechanical power at that time;
- State exactly what the injured person was doing at that time,
- In your opinion, was the injured person at the time of accident-
- acting in contravention of the provisions of any law applicable to him; or
- acting in contravention of any orders given by or on behalf of occupier; or
- acting without instructions from his occupier,
- If reply to clauses (i), (ii), or (iii) of clause © is in affirmative, state whether the act was done for the purpose of and in connection with the occupier’s trade or business.
- If the accident happened while traveling by availing of the transport facility provided by the occupier, state whether –
- the injured person was traveling as a passenger to or from his place of work;
- the injured person was traveling with the express or implied permission of the occupier;
- the transport is being operated by or on behalf of the occupier or some other person by whom it is provided in pursuance of arrangements made with the occupier; and
- the vehicle was being/not being operated in the ordinary course of public transport service.
- If the accident happened while meeting emergency state –
- its nature;
- whether the injured person at the time of accident was employed for the purpose of his occupier’s trade or business in or about the premises at which the accident took place.
- Describe briefly how the accident occurred.
- Name and address of witnesses –
- …………………………………………………………………………
- …………………………………………………………………………
- Nature and extent of injury (e.g., fatal, loss of fingers, fracture of leg, scald, etc).
- Location of injury (right leg, left hand or left eye etc.),
- If the accident is not fatal, state whether the injured person has returned to work.
- If so, date and hour of return to work.
-
- Physician, dispensary or hospital from whom or where the injured person received or is receiving treatment.
- Name of dispensary / panel doctor elected by the insured person.
- Has injured person died?
- If so, date of death.
I certify that to the best of my knowledge and belief the above particulars are correct in every respect.
Place : ……………………… Signature…………………………………
Date of dispatch of report Designation………………………………
Note.- To be completed in legible handwriting or preferably typewritten.
This space to be completed by Inspector of Factories.
District ……………………………
Date of receipt of report ……………………………
Accident number ……………………………
Industry number ……………………………
Causation number ……………………………
Date of investigation ……………………………
Result of investigation ……………………………
ANNEXURE ‘B’ – FORM 24-A
NOTICE OF DANGEROUS OCCURRENCE
- Name and address of the factory
- Name and address of occupier of the factory
- Name and address of the Manager
- Nature of Industry
- Branch or Department and exact place where the dangerous occurrence took place
- Date and hour of occurrence
- Nature of dangerous occurrence (state exactly what happened)
I certify that to the best of my knowledge and belief the above particulars are correct in every respect.
Place : ……………………… Signature of the Occupier / Manager
Date of dispatch of report
Note.- To be completed in legible handwriting or preferably typewritten.