Safety Officer Arrested- Protest - Support Required

Dear Mr. Padmanabhan
The law in UAE is very stringent and the Government is strictly enforcing the law and the bribing rates may be less comparing to India.
In India we are facing this type of problem in Tamil Nadu and in Major Metro Cities and not in other places. These arrests in India are made only to satisfy the Media people and not to punish anyone or to justify the accidental death. In India, the concerned company has to pay the Compensation to the family of the deceased as per the WC Act and on payment of the compensation the company's responsibility will be over. If the IR person is kind enough then he will contact the family of the deceased and arrange to get the PF Pension to the family members (Maximum 3 members).

Arresting of Safety personal due to incident & blaming negligence is not a right way to treat the occupational incident probation. As per BOCW act & Factories(latest amendment) act-
1. Occupier / in charge of particular activity is responsible for Safety & health of their workman.
2. Responsibility of safety officer is to identify hazard & communicate same to in-charge/employee , if supervisor/in charge is failing to communicate same he is responsible.
>>> Find out the proof of unsafe activity communicated by Safety Officer in TRAINING/TOOLBOX/UNSAFE REPORT of the plant & produce same to legal authority for same.
>>>> There is latest amendment in Factories Rule 5 & 6(I don\'t have copy of same) that state responsibility of hazard communication & accountability>> PRODUCE THIS TO AUTHORITY
>>>Take copy of HSE policy,plan,JHA committed by Company stating that who is responsible & produce same.
>> Approach DGFLSI & ministry of labor for interruption in same.
IN MY VIEW USING THIS

Please can any one tell me about the section and rules defining qualification of safety officer as per factory act and gujarat factory rules?

Whenever there should be a negligence in duty accident occurs but only safety officer & Manager operation is liable then what is the role of employer/occupier. We express our protest in the matter of arrest and urge government to release them unconditionally.
Thanks & Regards,
From,
Sumit Kumar Saxena

Yes why not safety officer is appointed in those units where there is employment of 1000 or more worker in the unit, secondly as far as qualification is concern should be,

Qualifications.-(a) A person shall not be eligible for appointment as Safety Officer unless he:

(i) Possesses a recognised degree in any branch of engineering or technology and had practical experience of working in a port or similar place in a supervisory capacity for a period of not less than two years; or possesses a recognised degree in physics or chemistry and has had practical experience of working in a port or similar place in a supervisory capacity for a period of not less than five years; or possesses a recognised diploma in any branch of engineering or technology and has had practical experience of working in a port or similar place in a supervisory capacity for a period of not less than five years;

(ii) possesses a degree or diploma in industrial safety recognised by the Central Government in this behalf;

Provided that, in the case of a person who has been working as a Safety Officer in industry or any institution for a period of not less than three years on the date of commencement of these regulations, the Chief Inspector may, subject to such conditions as he may specify, relax all or any of the above said qualifications as per the factory act of 1948.

Thanks & Regards,

From,

Sumit Kumar Saxena

Dear all,
I am working as a safety officer in India since the last 10 years. Till I have worked in more than five companies. In that all companies are appointing safety professionals to comply with the government or factory acts against safety only, not to safeguard the employees truly. Some management does not hear the suggestions or observations given by safety officer. In that situation if a safety officer forcing the execution team or management to do the work in a better safe way, that safety professional may get transfer or even termination also. I am a witness of the same. Because mostly the construction companies are only concentrating to do the work on time without delay, The lack of safety competency of the whole team in that site may lead delaying the project when the safety officer stopping that task. In most construction companies, safety officer's reporting person will be either project manager or site incharge, so they cannot allow the safety officer to stop the work. If there is no proper reporting channel available, safety officers will be a dummy piece to show only that our company also has a safety officer. Safety officers can only suggest the right way to perform the task safely, if the company has no system for that or the execution team is not making it to safe way, then the final option is resign from that company??? Its not fare..!!!
If the safety professional is not informed his observations or suggestions to execution either work supervisor or work site incharge then the responsibility of any accident will be on the safety officer.
Dear all if you have better suggestions to safe guard a safety officer job, please let me know...
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Dear all,
Whenever such incidents happen in any plant, police first visit the site and file FIR against the accused person. According to the Police, person responsible for safety of the plant is safety officer irrespective of what has happened on that day or what safety precautions were taken. if it is a fatal accident without investigating they files FIR on safety officer. It is factory inspector who understands the role of safety officer and in his investigation mostly he files case against factory manager. my point here is FIR is something very serious thing for any common man. so when police is accusing someone then they should first investigate the case like factory inspector or should take help of factory inspector before raising any FIR.

Dear All,
(1) It is occupier' s duty to prepares HSE Policy & Plan and also review the performance of Health, Safety & Environment.
(2) It is occupier' s duty to select & provide competent HSE Personnel & decide all Roles & responsibilities of each individual in Organization towards HSE Goals & objectives.
(3) What if Safety officer has just joined the organization & accident happens. He may not be able to identify that hazard while occupier is running industry since many years. So, it is clear that Socially, Morally, Legally & Financially it is occupier's responsibilities to avoid accident & take the required control measures.
(4) Gujarat safety officer duty & responsibilities clearly state all the requirement.
Regards,
Hemal Sheth