Fir Against Safety Officer - Doc Download

Dear All,

Recently, a major incident happened at a chemical company in Tarapur, Maharashtra, resulting in the death of 5 people. The police have filed an FIR against the Safety Officer. I believe this is unfair as the Safety Officer typically has an advisory role as per the Factories Act. Unfortunately, the term "safety" is very generic, leading many to assume that the Safety Officer is solely responsible for incidents in the factory. This misconception could potentially damage the Safety Officer's career. Such incidents make me question, 'WHY AM I IN THE SAFETY FIELD?'

Within my organization, I am striving to persuade our management that safety is everyone's responsibility, but they remain unconvinced. The organization seems indifferent to the roles and responsibilities outlined for Safety Officers in the Factories Act. They perceive me, as the Safety Officer, as the sole individual accountable for any unsafe acts or conditions that occur in the factory.

"CAN ANYBODY GUIDE ME ON HOW TO CONVINCE OUR MANAGEMENT REGARDING MY ROLE?"

Regards,

Vaibhav More

The safety officer is needed generally in factories having more than 1000 workers. Legally, the manager/occupier is responsible for safety unless they prove exemption under section 101. The person responsible for accidents in factories where a safety officer is not mandatory will be legally liable in other factories as well. In some cases, even the safety committee may also be held liable, as seen in the case of the Union Carbide factory in India where the occupier was let off as a VIP.

VARGHESE MATHEW

Dear Mr. Vaibhav More,

I strongly blame your management for being ridiculous and possessing a non-safety attitude. Through the SAFETY OFFICER, if your management could have succeeded in implementing and making your employees practice to work safely and adhere to the highest safety standards, I am sure any incident could have been prevented.

Your management should declare every employee as a safety officer, and it is the responsibility of every employee to apply logic, utilize their common sense, and take complete responsibility in delivering their roles/responsibilities without hurting themselves or inviting troubles. An employee has all rights to warn and stop him (employee) from being arrogant and being unsafe at the workplace, which may cause trouble to co-workers.

I wonder, how can the police register an FIR against your safety officer? On what grounds did they register the FIR against him? Did the police carry out necessary investigations?

In India, SAFETY has no meaning, and THERE IS NO VALUE FOR LIFE as well. I still blame our government for not enforcing SAFETY STANDARDS in Industries and in all organizations.

With profound regards

Dear friends,

It's no secret, as many have pointed out, that to escape blame, they found a scapegoat in the Safety Officer, as if others don't have any responsibility regarding safety. It's prima facie possible to fix the responsibility on the Safety Officer as, on record, he is the designated officer who has to take care of all omissions and commissions in terms of safety. Whether the Safety Officer did his job as provided for in his manual/within the mandate is a moot point. Legally, the owner should be responsible for any lapses, and the Safety Officer could be a co-accused. It's easy in India for big bosses to escape the gallows. The Safety Officer has nothing left except to fight it out legally, for which he should have a clean record, which I doubt very much. Logically, who should be held responsible depends on the circumstances of each case. For example, attached is the High Court of Delhi's judgment on a road accident due to a manhole not being maintained, and we all know about the Bhopal Gas Tragedy; these could provide some insight into the subject.

Kumar S.

Safety officer is easily available scapegoat. I have been advocating the Association of Safety Officers to protect themselves. A few years back, we established the Safety Professional Association and got it registered under the T.U.A. Act. We organized several programs and met with the Labor Minister as part of our delegation. Our advocacy efforts resulted in changes to the Gujarat Safety Officers Rules of 1981. However, somehow, members were not very interested in the Association, and now it is defunct.

Dear All,

The police will register an FIR on prima facie evidence. In other words, the police are bound to follow this procedure, and then the investigation takes place. During the investigation, the concerned Safety Officer has to prove that there is no lapse on his part, and it is for the police to file a charge sheet against the people responsible based on its investigation. It does not end here. The accused can prove his innocence in a court of law with documentary and oral evidence. Hence, it is a legal process in which sometimes innocent people will have to undergo this process, which is more painful. Furthermore, it is for the employer to protect their officer who is not directly responsible for such a mishap.

It is a fact that employers don't heed to the safety norms or advice, and as a Safety Officer, one should have necessary documentary records/proof to show what precautions are taken by him.

While driving on the road, we see many accidents but don't stop driving. Similarly, don't panic, and one has to undergo the legal process to prove his innocence.

I appreciate Mr. Kumar who has provided a High Court citation and other materials. I also appreciate another member, Mr. PTRC, who initiated to form a union but couldn't.

All this will happen in India. When an army chief submitted his matriculation certificate to prove his age, our Supreme Court rejected it. When a juvenile rapist murderer submitted the same, the court accepted it. Our politicians loot the country and go freely. But when somebody comments on them in social media, FIRs are registered or the comments are blocked. Still, we claim to be the largest democracy.

VARGHESE MATHEW
9961266966

Dear Vaibhav,

Other members have given their opinions. Now, what you need to do is to protect yourself first. Therefore, contact a lawyer who handles industrial safety cases and find out whether the FIR registered against you can be squashed. However, for this, you need to have sufficient evidence as well. Therefore, start generating evidence.

Before hiring a lawyer, check whether he has handled safety-related cases. Do not get carried away by the glib talk of the lawyers.

Ok...

Dinesh V Divekar

Normally, police look at the angle of the crime - whether the incident was a willful mischief or not. They write to the Factory Inspectorate to clarify, and once they receive the report from FI that the incident is a PURE ACCIDENT and that FI is investigating, the police would close the file.

CiteHR Human Resource Management Community Knowledgebase - View Profile: vaibhavd.more

There is some confusion here; I think people misunderstood what you said.

The case of an FIR against the safety officer was not in your factory, right? If so, you are trying to ensure that you do not fall into the same situation. (Some posts assume that you are the safety officer of the Tarapur factory.)

Now, for your problem, you need to speak to the HR head, Operations Head, and the occupier and explain to them the safety-related problems and what the implications will be. You need their help to make safety an important factor in the factory decisions and in normal day-to-day operations. I know it's a tough mindset to change. I know of a factory where the safety rules require the workers to use leather gloves in a certain process due to sparks emitting from the machine. The workers were refusing, and the union even threatened to go on strike, though the management was pushing the matter solely for the workers' benefit.

If the management is not interested in listening, then it's time you find a job in a different factory where you are needed. Till you leave, make sure you are putting your suggestions in writing to the management. Keep a copy of the same in a separate file at home to use as evidence if the management turns hostile. Every time you find unsafe practices, follow that up with a notice/memo/email to the concerned manager and his superiors so they can't claim ignorance.

Hope that helps.