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If any accident happens in the industry due to not following safety can industry can take any action on him? - CiteHR

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rukkesh08
Dear Sir, If any accident happens in the industry due to not following safety can industry can take any action on him.

If it's yes then where it's mentioned in Rules or act. Please.

From India, Bengaluru
Dinesh Divekar
7736

Dear Mahesh BM,

If the accident occurred in the company, then please order the enquiry to investigate the causes of the accident. Let the matter be investigated impartially. Please note that the focus of the enquiry should not be on the person, but on the incident. The Investigation Officer (IO) should investigate what preventive measures were taken to prevent the accident, whether the safety training was imparted to the employee(s) involved in the accident, what was the role of the Supervisor or Manager in the accident, the cause of the accident, was it due to unsafe practice or unsafe working condition and so on. The IO should investigate the role of the Safety Officer (SO) also. Did the SO raise alarm(s), but nobody heeded them?

By conducting the investigation, we understand the loophole(s) in the system. If we focus on the person, then an investigation may start with prejudice and we may not come to know the real cause. A prejudiced mind may even vitiate the investigation. We should not allow this to happen.

If the culpability of the employee(s) is established in the investigation, then the management can order the domestic enquiry. Based on the recommendations of the Enquiry Officer (EO), the management may initiate suitable disciplinary action.

Thanks,

Dinesh Divekar

From India, Bangalore
rukkesh08
Dear sir thanks If it’s mentioned in any act or rules.
From India, Bengaluru
rukkesh08
Dear sir thanks If it’s mentioned in any act or rules.
From India, Bengaluru
Dinesh Divekar
7736

Dear Mahesh,

Whether in the workplace accident or otherwise, actions against all types of misconduct are taken under the provisions of the Industrial Standing Orders Act.

If the misconduct is proved in the domestic enquiry, then the administration of the company can refer to the standing orders. Find out under which clause, the misconduct took place. If the misconduct is defined in the standing orders, then the management can take action against the employee.

Thanks,

Dinesh Divekar

From India, Bangalore
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