Employee Safety - is it ok to take a declaration from employees that if the safety is not ensured during their travel to home to office?

I would like to know the law regarding taking a declaration on employee safety during his/her travel from home to the office and office to home while using his/her own mode of transport.

Please suggest to me, is it okay to take a declaration from employees that if safety is not ensured by them during their travel from home to office and office to home, then it is not the employer's responsibility after giving training on safety rules? Or is it the employer's responsibility?

Hi,

The employer just doesn't want to take responsibility for their employees in case of any accident or incident. I guess you need to emphasize the importance of employees to your company before making any decisions. As far as my experience is concerned, I haven't come across any employer implementing any sort of policy on travel accidents. It would be better to have a mediclaim policy and include accidental insurance coverage in it. This would be a win-win situation for both.

Thanks

Dear Kavitha,

If an employee is using his or her own transport for commuting to the office, then the employer is not responsible for their safety. As you have already provided training on safety rules, that should be enough. Unless the employees are traveling in company-provided transport, you cannot be held liable for any unfortunate incidents. Hence, there is no need to take a declaration from your employees if they are using their mode of transport.

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Regards,
Sairam Bandi
sai@kredily.com

Dear All,

We are in the heavy fabrication manufacturing industry and have approached various government organizations. We are currently in the process of applying for ISO certification. We kindly request that you share the various formats required for the manufacturing industry.

Regards,
Sherkhan B Pathan

Dear Anonymous,

The undertaking has no legal locus standii; it can be a psychological reinforcement on individuals to observe safety. Otherwise, the employer may be held responsible for compensation for an accident while commuting to and from attending the duty. As per section 3(1) of the Employees' Compensation Act, an employer is liable to pay compensation if a personal injury is caused to an employee by an accident arising out of and in the course of his employment. Thus, the three tests are:

1. There should be an accident.
2. The accident should arise out of and in the course of employment.
3. The accident should result in disability, whether temporary or permanent; partial or total; or death.

Shailesh Parikh
99 98 97 10 65
Vadodara

Instead of declarations, take accident cover policies for unprotected employees. Some may have ESIC. Others who draw more than Rs21,000 will need insurance cover.

If the employer is really concerned about the safety of his employees, he may opt for an Employee accident policy with 24-hour coverage. This way, the issue of "arising out of," "during the course of," or "notional extension," etc., can be avoided.

A group accidental policy will serve the purpose. It gives a feeling to the employees that the employer cares and thus motivates the employees. The group accidental policy comes with a very low premium. We have implemented this for our employees.

Prachi Gedam

Hi,

No need for any self-declaration. As in the previous replies, the employer is responsible only when accidents happen during the course of employment. If the company is providing transportation, then until the dropping off of the employee, the employer is responsible for accidents.

An easy way is not to take a declaration or state that the employees' accidents are not covered by employers. In India, this is an emotional issue. Instead, you can opt for a Group Personnel Accident (GPA) policy from insurance companies, which costs not more than Rs. 50 for an employee for a year. You can also advise the ESI-covered employees to maximize benefits from ESI and help them to access them.

Hi Kavitha,

I understand your anxiety to have coverage against accident risks for transiting employees. As you know, there is no foolproof tool to safeguard against imminent accidents, regardless of the precautions taken, which can only address the costs. No facility can guarantee accident-free travel or 100% recovery/restoration to the original health post-accident. Realizing this reality as an employer, we can only ensure pre-arranged accident insurance coverage and facilitate proper ESI procedures, as other learned members have indicated. If the insurance arranged provides a 'cashless' facility, that's ideal.

The theory of notional extension of a course of employment may cover the way from home to the office and back, subject to the facts and circumstances of each case. The EC Act will apply only if the accident victim comes under the definition of an employee under that Act.

Varghese Mathew

Who wants to be careless while traveling to the office from home and coming back home? Before or after office life is something personal, and I don't think your management is really concerned about their personal life.

In that case, there is no question about taking a declaration from the employee, which is also not professional and ethical. Also, this is a matter of self-realization. However, concerning the matter, you can opt for accidental/health policies, as others have suggested above. This subject can also be included in motivational or orientation programs and sessions to encourage safe behaviors in the workplace and outside the office.

Dear Anil,

It's near impossible to pre-judge what's 'careless travel' and what's 'careful travel'. Accidents keep happening despite care taken by all. And in a country like India, traveling by road through milling crowds and bumper-to-bumper vehicles is really a nightmare, as you know. We are witnessing time and again innocent pedestrians run over by speeding vehicles for no fault of theirs. Whom to blame? How can any pre-arranged declaration guarantee accident-free commuting? How far can legally help employers get over claims emanating from accidents to and from the office and home? That's the point of discussion. Except for those who try to commit themselves to suicide, no one wantonly gives up their lives, right? Maybe, as you said, imparting awareness while commuting could help the victims.

Normally, the casual connection of employment while traveling to and from the workplace becomes the test. Once that is established, it comes within the purview of "ARISING OUT OF & IN THE COURSE OF EMPLOYMENT," and the employer becomes liable. For this purpose, many employers have taken out Group Personal Accident policies.

My question on this issue is that after taking the undertakings from employees, will the employer take responsibility to compensate in case of accidents occurrence despite adequate safety taken by the employee during the course of his travel from home to office & back? Probably - No. And in fact, the taking of such undertaking may kick back to the employer.

Better options are - cover employees under ESIC/WC policies and additionally provide accident benefit cover, which will always be helpful to them. Accidents/incidents can happen to anybody at any time. Keep employees well aware through training on road safety and general safety practices, and make them understand and feel how important they are for their families first and for the organization.

If employee met with an accident during travel from one site to other and he take leaves but doesn’t have leave balance. Then does the employee will be paid for those leaves or not.

When a person avails an approved leave at a time having leave balance to their credit, they will be paid salary. On the contrary, availing approved leave without having a balance in their leave account is considered to be 'LWP (Leave without pay)'. If their application for leave is not approved or rejected, and they still do not report to duty or abstain from work without intimation, they will be treated as "Absent".

Your query is relevant to any of the above situations. When you mention 'taking' leave without any leave balance to their credit, you need to check whether their application for leave was approved by their HoD or any authorized officer. If the application was made but there was no credit to their leave account, yet they were permitted to take those days off, it will have to be treated as 'LWP', and no salary will be paid (not eligible).

In cases where proportionate leave or credit is permitted as an exceptional case due to a genuine reason, it should be adjusted against future accruals or credited as leave-in-advance. The individual may be granted leave with pay, although it is not a right. Some departments follow this practice at their discretion, usually in rare or exceptional cases. Sometimes, this is done secretly to assist sincere and devoted employees whose contributions are valued by everyone. In short, this is done for those who are in good standing.

If you send employees offsite, then you are responsible. However, employees also have a responsibility to ensure they pose no danger to themselves or create unnecessary trouble. Travel insurance is a must for overseas travel or otherwise. A per diem allowance, as prescribed and decided by management, is necessary to be remitted to their account based on the period of stay. Other travel claims can be settled upon their return.

Thank you.
Guru

No!! You can't do it.

Ref: https://www.linkedin.com/pulse/emplo...on-prof-mishra

During the timing of an employee's shift, if the employee goes outside for personal reasons, they should take a permission slip with approval from the authority to avoid responsibility. Otherwise, if they leave for official reasons, it will be the employer's responsibility.

Very interesting post, please see the written declaration can be taken on safety rules. In my past job in a Buying house, one QC has expired due to not wearing a helmet while driving a scooter. After the employee's death, the owner took a step ahead and implemented a declaration on safety rules to be followed; otherwise, we will terminate you. After some time, the employer also checks the bikers for helmets with good quality, seat belts worn by car drivers, and helmets worn by pavilions. I think there is no violation if an employer loses an employee only due to safety compromises while driving.

Best Regards,
Mohammad Sajid Ansari
Global Overseas

In reference to your post for self-declaration for safety, which is not at all required. During traveling from home to the office, there is traffic police department to enforce safety laws. If individuals do not follow these rules, they will be penalized. In the case of liability concerns, I am aware of some companies that take responsibility for employees in the event of an accident during transit to or from the office, providing compensation for any losses. There are active departments to take care of this.

They don't want to take responsibility for their employees...

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Employers are not responsible for the outside happenings or movements of employees after office hours. However, employers are responsible when employees are away due to official work (on duty). In the best interest of employees' welfare, employers can provide a Group Personal Accident Policy for all employees. As HR professionals, we can promote awareness among employees regarding the compulsory usage of helmets, wearing seat belts, and following road rules, etc.

If a self-declaration is obtained, it could demoralize employees, impacting their work output.

Legally, a 'Declaration' of any sort aimed at freeing the employer from possible accident-related claims and expenses relating to incidents occurring in workplaces and 'in the course of employment', commuting between residence to the office cannot absolve the employer from facing the consequences. I have not come across such a tool coming to the rescue of employers so far. Insurance policies, both Accident/life and health insurance, might help meet financial obligations only.

On the other hand, presumably, if an accident occurs, including fire, due to the negligence of employers/lack of preparedness, non-compliance with safety measures, will a declaration signed by victimized employees come to the rescue of employers and safeguard them from criminal proceedings as per the law? Members may please share any such instances for our knowledge.