Following are theprovisionsrelating to notification of accidents under the relevant labour and industrial laws in India –
EXTRACT FROM THE FACTORIES ACT, 1948
Where in any factory an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
EXTRACT FROM THE MAHARASHTRA FACTORIES RULES, 1963
(1) Where any accident specified in sub-clause (a) of clause 1 of the Schedule hereto appended or any dangerous occurrence specified in clause 2 of the Schedule takes place in a factory, the manager of the factory shall, within 24 hours of the happening of such accident or occurrence, send notice thereof by telephone, special messenger or telegram, to the Inspector and the Administrative Medical Officer, Employees State Insurance Scheme, Bombay, appointed as Additional Inspector under the Act; and where the accident is fatal or of such serious nature that it is likely to prove fatal, notice as aforesaid shall be sent to:-
(a) the District Magistrate or Sub-Divisional Magistrate,
(b) the Officer-in-charge of the nearest Police Station, and
(c) the nearest relatives of the injured or dead person.
(2) The notice so given shall be confirmed by the Manager of the factory of the authorities mentioned in sub-rule (1) by sending to them a written report in the case of an accident in Form 24 or in Form No.16 appended to Employees’ State Insurance (General) Regulations, 1950, and in the case of a dangerous occurrence, in Form 24A within twelve hours of the taking place of any such accident or occurrence referred to in that sub-rule.
(3) Where any accident of a minor character specified in sub-clause (b) of the said clause 1 takes place in a factory, the manager shall, within 24 hours after the expiry of the period specified in the said sub-clause (b), send notice thereof to the Inspector in Form 24.
(4) If in case of an accident, the injured person subsequently dies due to such accident, information of his death wherever known shall be sent by the manager by telephone, special messenger or telegram within 24 hours of the occurrence to:-
(a) The Inspector;
(b) The Administrative Medical Officer, Employees’ State Insurance Scheme, Bombay;
(c) The District Magistrate or Sub-Divisional Magistrate; and
(d) The Officer-in-charge of the nearest Police Station.
Explanation. – For the purpose of this rule, “accident of a serious nature” means an accident which results in-
(i) immediate loss of any part of the body or any limb or part thereof;
(ii) crushed or serious injury to any part of the body due to which loss of the same is obvious or any injury which is likely to prove fatal.
(iii) Unconsciousness; or
(iv) Severe burns or scalds due to chemicals, steam or any other cause.
(a) Accidents which cause death to any person or are of serious nature.
(b) Accidents which cause such bodily injury as prevents or will probably prevent the person injured from working for a period of 48 hours immediately following the accident.
2. The following classes of dangerous occurrences, whether or not, they are attended by personal injury or disablement:-
(a) Bursting of a vessel used for containing steam under pressure greater than atmospheric pressure other than plant which comes within the scope of the Indian Boilers Act.
(b) Collapse or failure of a crane, derrick, winch, lift, hoist or other appliances used in raising or lowering persons or goods or any part thereof, or the overturning of a crane.
(c) Explosion, fire bursting out, leakage or escape of any molten metal, hot liquor, or gas causing bodily injury to any persons who are employed or damage to any plant, machinery or material.
(d) Explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.
(e) Explosion of a receiver or container used in any process or used for storage, at a pressure greater than atmospheric pressure, of any gas or gases (including air) or any liquid or any solid.