There must both external and internal reporting systems for
accidents. While the purpose of external reporting is to comply with statutory obligation
under different legislations, the objective of internal reporting it to achieve
continual improvement. Accordingly, the internal should cover all incidents
whether or not injury is caused. Further all incidents should be investigated analyzed
and recorded. Even for external reporting types of dangerous occurs are
required to be reported statutorily.
Applicable statutes/ salient features/provisions of the statutes
THE FACTORIES ACT , 1948 & THE MODEL RULES
Section 88 & 88A and model Rule 121 require:
o
A report in proscribed format to be sent to the
inspector for every accident causing disability for 48 hrs. Or more with 24
hrs. after expiry of the 48 hrs. of disability period .
o
A Notice is to be sent forthwith to the inspector, Chief Inspector,
District Magistrate , nearest Police Station and relatives of the injured
person, for every fatal or likely to be fatal accident. This notice must be
conformed within 12 hrs to the authorities by sending a report in prescribed
format: if death occurs after sending the notice, within 12 hrs of the death
o
A notice is to be sent forthwith and confirmed
by sending a report in prescribed format within 12 hrs. to the authorities in
respect of a dangerous occurrence of specified nature.
THE BUILDING AND OTHER CONSTRUCTIONS WORKERS (REGULATION OF
EMPLOYMENT & CONDITIONS OF SERVICE) ACT, 1996 & CENTRAL RULES 1998
o
Section 39. and
Rule 210.: Provisions are similar to those in the Factories Act & Rules.
Regulation
65. Notice of accident. — (i) Every employee who sustains personal injury
caused by accident arising out of and in the course of his employment in a
factory or establishment shall give notice of such injury either in writing or
orally, as soon as practicable after the happening of the accident :
Provided that any such notice required to be given by an
employee person may be given by some other person acting on his behalf.
Regulation
68. Report of accident by an employer. — Every employer shall send a report
in Form 12 to
the appropriate Branch Office and to the Insurance Medical Officer of the
insured person
THE
ELECTRICITY ACT, 2003.
Section 161 Notice of accidents and inquiries.(1)
If any accident occurs in connection with the generation, transmission, distribution,
supply or use of electricity in or in connection with, any part of the electric
lines or electrical plant of any person and the accident results or is likely
to have resulted in loss of human or
animal life or in any injury to a human being or an animal, such person shall
give notice of the occurrence and of any such loss or injury actually caused by
the accident, in such form and within such time as may be prescribed, to the
Electrical Inspector or such other person as aforesaid and to such other
authorities as the Appropriate Government may by general or special order,
direct.
THE EXPLOSIVE ACT 2008 AND RULE,
131.
Notice of accident. The notice of an accident required to be given under
section 8 of the Act shall be given within twenty four hours of the happening of
the accident by telephone, telegram, E-mail, fax or in any other electronic
mode or by special messenger followed by a written report signed by the
occupier or authorised person to the same authorities giving particulars of
circumstances leading o accident, loss of human life, injury to persons, damage
to property, emergency action taken etc, to the— (a) Chief Controller; (b)
Controller in whose jurisdiction accident has taken place; (c) District
Magistrate; and (d) Officer-in-charge of the nearest police station.
67.
Notice of accidents: (1) The notice of an accident required to be given
under sub-section (1) of section 8 of the Act shall be given forthwith — (a) to
the Chief Controller or Controller under whose jurisdiction the area falls by
Fax, E-mail or telegram (Telegraphic Address – Explosives, Nagpur, E-mail
explosives@explosives.gov.in ) followed by a letter giving particulars of the
occurrence within 24 hours;
66.
Notice of accident.—The notice of an accident required to be given under
sub-section (1) of Section 8 of the Act shall be given forthwith – (i) to the
Chief Controller by express telegram (telegraphic Address - Explosives, Nagpur)
followed within twenty-four hours by a letter giving particulars of the occurrence
THE PETROLEUM ACT 1934 & RULE 2002
Rule 200.
Notice of Accident. (1) The notice of an accident required to be given
under section 27 of the Act shall be given forthwith- (a) to the Chief
Controller by telephone/fax and also by telegram [telegraphic address-
‘Explosive Nagpur’] followed within 24 hours by a letter giving particulars of
the occurrence; and (b) to the officer-in-charge of the nearest police station
by the quickest means of communication.
MSIHC RULES 1989 (FRAMED UNDER THE ENVIRONMENTAL PROTECTION ACT, 1986) RULE
Rule 5 A
notice of major accident is to be given to CIF in case of a factory and to
the state pollution control Board in case of isolated storage within 48 hrs of
the occuranc, followed by a report in prescribed format (schedule 6 ) After
investigation
MOTOR VEHICLES ACT, 1988
Section
134 Report of accident involving a motor vehicle causing person injury or
property damage is to be made by the driver (includes owner) to the nearest
police station as soon as possible (maximum within 24 hrs.) and written report
about the occurrence with prescribed details is to the insurer.
NATIONAL STANDARDS
IS 18001 :2000 OHS MANAGEMENT SYSTEM SPECIFICATION WITH GUIDANCE
Clause 4.4.2.2
The organization shall establish and maintain documented procedures for
relevant and timely reporting of information required for monitoring and
continual improvement of OH&S performance.
Internal reporting procedures
shall be established to cover:
a) Incident occurring reporting;
b) Non-conformance reporting;
c) Health and safety performance
reporting; and
d) Hazard identification reporting.
External reporting procedures
shall be established to cover:
a) Statutory reporting
requirements; and
b) Stakeholder reporting.
IS 14489:1998 CODE OF PRACTICE ON OCCUPATIONAL SAFETY AND HEALTH AUDIT.
Accident Reporting constitutes an exclusive Audit Element
(Item of Annex A) The Check List (Annexure
C) Provides ( points (35 to 43) under the Element
MANAGEMENT RESPONSIBILITIES
Management must establish procedures for
- External reporting to relevant statutory Authorities as requires
- Internal Reporting, investigating, analyzing & recording of incidents for continual improvement
- Taking follow-up action on the findings of investigations
- Displaying Prominently safety performance / accident data (e.g. Accident rates, longest accident free period, etc.)
- Giving the resume of the safety performance in the company’s Annual Report.
INTERNATIONAL STANDARDS
OCCUPATIONAL SAFETY & HEALTH ACT (OSHA),1970
Section 8 & 24 of OSHA & part 1904 of
the regulation deal with Recording and Reporting of Occupational injuries &
illness: All cases involving fatality or
multiple hospitalization are to be reported to the area Director .All reported
cases, Lost work day cases & some specified non work day loss cases are to
be recorded in log and an annual summery of all recorded cases is to be posted
at site.
HEALTH & SAFETY AT WORK, ACT 1974 OF UK
Exclusive Regulations have been framed. These
are similar to Indian Electricity Rules Except that reportable accident has a
disability period of 3 days.
ILO
- OSH and working Environment Convection no 155 Art 11(c): The Employer must establish and apply procedures for notification of the occupational accidents & disabilities.
- Recommendation no 164 para 16 (e) : The Employer should ensure that workers report all accidents or injuries to health which arise during or in connection with work.
- Guideline on OSH Management System para 3.11.7 Specifies that performance monitoring should include identifying, reporting and investigating of work related injuries, ect.
