RE: Factories Act

[Guest guest]

This query is debatable. This question

was asked in UPSC where one of my friend went for Asst. manager - safety

interview. As far as employee benefits are considered he will be considered

being on duty. As far as reporting to factory inspectorate, it is left

to the organisation.

I was told that there is case study

available with Neyveli Lignite Corporation, some one from NLC could give

more input.

In ITC we have off the job reporting

system.

regards,

S. Rabiq Ali

Devanshu Prajapati

Sent by: indiansafetyprofessionals

02/06/2006 12:14 PM

To

rakesh_srivastava@...,

ISF <indiansafetyprofessionals >

cc

Subject

RE:

Factories Act

NO.... Their is no rules or regulation made for employee

while coming /

returning and give them protection against Accident.

Its depend upon the your insurances policy.... on which condition you may

take the Insurances policy,

if it is covered under policy while coming / returning then take the benefit

of Insurance, you must have to calculate as a Accident & report ot

Govt.

body other wise insurances doesn't claim to you.

And you will get National Building code from www.bis.org.in Or contact

bellow address :

Bureau of Indian Standards

022 - 23002927

For Safety Publications

3rd Floor, Novelty Chambers,

Grant Road,

Mumbai - 400 007

With regards

Devanshu N. Prajapati

Factories Act

Dear Colleagues ,

Could anyone please let me know if an accident takes place to an employee

while coming to / returning from work place is considered " on the

job " ?

If so , under what Regulations ? In addition , request someone to send

me a

soft copy of the National Building Code of India.

Best Regards,

Rakesh

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[Guest guest]

NO.... Their is no rules or regulation made for employee while coming /

returning and give them protection against Accident.

Its depend upon the your insurances policy.... on which condition you may

take the Insurances policy,

if it is covered under policy while coming / returning then take the benefit

of Insurance, you must have to calculate as a Accident & report ot Govt.

body other wise insurances doesn't claim to you.

And you will get National Building code from www.bis.org.in Or contact

bellow address :

Bureau of Indian Standards 022 - 23002927 For Safety Publications

3rd Floor, Novelty Chambers,

Grant Road,

Mumbai - 400 007

With regards

Devanshu N. Prajapati

Factories Act

Dear Colleagues ,

Could anyone please let me know if an accident takes place to an employee

while coming to / returning from work place is considered " on the job " ?

If so , under what Regulations ? In addition , request someone to send me a

soft copy of the National Building Code of India.

Best Regards,

Rakesh

This e-mail, including any attachments, is intended solely for the person

or entity to which it is addressed and may contain confidential,

proprietary and/or non-public material. Except as stated above, any review,

re-transmission, dissemination or other use of, or taking of any action in

reliance upon this information by persons or entities other than an

intended recipient is prohibited. If you receive this in error, please so

notify the sender and delete the material from any media and destroy any

printouts or copies.

[Guest guest]

I am not sure. I think there is a Supreme

court judgement on this , where it was included as being in duty,

depending on the distance. Any of our safety guys at BHEL-Trichy

TLC department can give an clear picture on this.

sanjeev

S Rabiqali

Sent by: indiansafetyprofessionals

06/02/2006 11:54 AM

To

Devanshu Prajapati

cc

indiansafetyprofessionals

Subject

RE: Factories

Act

This query is debatable. This question was asked in UPSC where one of my

friend went for Asst. manager - safety interview. As far as employee benefits

are considered he will be considered being on duty. As far as reporting

to factory inspectorate, it is left to the organisation.

I was told that there is case study available with Neyveli Lignite Corporation,

some one from NLC could give more input.

In ITC we have off the job reporting system.

regards,

S. Rabiq Ali

Devanshu Prajapati

Sent by: indiansafetyprofessionals

02/06/2006 12:14 PM

To

rakesh_srivastava@...,

ISF <indiansafetyprofessionals >

cc

Subject

RE:

Factories Act

NO.... Their is no rules or regulation made for employee while coming /

returning and give them protection against Accident.

Its depend upon the your insurances policy.... on which condition you may

take the Insurances policy,

if it is covered under policy while coming / returning then take the benefit

of Insurance, you must have to calculate as a Accident & report ot

Govt.

body other wise insurances doesn't claim to you.

And you will get National Building code from www.bis.org.in Or contact

bellow address :

Bureau of Indian Standards

022 - 23002927

For Safety Publications

3rd Floor, Novelty Chambers,

Grant Road,

Mumbai - 400 007

With regards

Devanshu N. Prajapati

Factories Act

Dear Colleagues ,

Could anyone please let me know if an accident takes place to an employee

while coming to / returning from work place is considered " on the

job " ?

If so , under what Regulations ? In addition , request someone to send

me a

soft copy of the National Building Code of India.

Best Regards,

Rakesh

This e-mail, including any attachments, is intended solely for the person

or entity to which it is addressed and may contain confidential,

proprietary and/or non-public material. Except as stated above, any review,

re-transmission, dissemination or other use of, or taking of any action

in

reliance upon this information by persons or entities other than an

intended recipient is prohibited. If you receive this in error, please

so

notify the sender and delete the material from any media and destroy any

printouts or copies.

[Guest guest]

If an employee is covered under ESI,

then any personal injury to the insured person, the employer shall report

the accident in Form 12 (Accident report from Employer) and shall

be submitted immediately (or) within 24 hours to the ESI corporation and

to the Insurance Medical Officer.

Name of the Form : Form 12 (Accident

Report from Employer - Regulation 68)

Sl. No. 26 of Form 12 states about accident,

which happened while TRAVELLING in employer's transport

You can refer form - 12 for further

details.

Regards,

Kishore Kumar. P.

Sr. Engineer - Safety

Technical Stampings Automotive Limited,

SIPCOT Industrial Park,

Irrungattukottai,

Sriperambadur Taluk,

Kanchipuram District - 602105

Phone: 044 - 27156032 ext. 360

Mobile: 9443179579

S Rabiqali

Sent by: indiansafetyprofessionals

02/06/2006 11:54 AM

To

Devanshu Prajapati

cc

indiansafetyprofessionals

Subject

RE: Factories

Act

This query is debatable. This question was asked in

UPSC where one of my

friend went for Asst. manager - safety interview. As far as employee

benefits are considered he will be considered being on duty. As far as

reporting to factory inspectorate, it is left to the organisation.

I was told that there is case study available with Neyveli Lignite

Corporation, some one from NLC could give more input.

In ITC we have off the job reporting system.

regards,

S. Rabiq Ali

Devanshu Prajapati

Sent by: indiansafetyprofessionals

02/06/2006 12:14 PM

To

rakesh_srivastava@..., ISF

<indiansafetyprofessionals >

cc

Subject

RE: Factories Act

NO.... Their is no rules or regulation made for employee while coming /

returning and give them protection against Accident.

Its depend upon the your insurances policy.... on which condition you may

take the Insurances policy,

if it is covered under policy while coming / returning then take the

benefit

of Insurance, you must have to calculate as a Accident & report ot

Govt.

body other wise insurances doesn't claim to you.

And you will get National Building code from www.bis.org.in Or contact

bellow address :

Bureau of Indian Standards

022 - 23002927 For

Safety Publications

3rd Floor, Novelty Chambers,

Grant Road,

Mumbai - 400 007

With regards

Devanshu N. Prajapati

Factories Act

Dear Colleagues ,

Could anyone please let me know if an accident takes place to an employee

while coming to / returning from work place is considered " on the

job " ?

If so , under what Regulations ? In addition , request someone to send

me

a

soft copy of the National Building Code of India.

Best Regards,

Rakesh

This e-mail, including any attachments, is intended solely for the person

or entity to which it is addressed and may contain confidential,

proprietary and/or non-public material. Except as stated above, any

review,

re-transmission, dissemination or other use of, or taking of any action

in

reliance upon this information by persons or entities other than an

intended recipient is prohibited. If you receive this in error, please

so

notify the sender and delete the material from any media and destroy any

printouts or copies.

[Guest guest]

WHAT MAKES AN EMPLOYER LIABLE TO PROVIDE TRANSPORT TO HIS EMPLOYEES?

SOME OF THE COMPANIES ARE NOT PROVIDING THE TRANSPORT TO THEIR EMPLOYEES.

IS IT CORRECT TO CONCLUDE THAT THE EMPLOYEE WILL BE CONSIDERED "ON DUTY" FROM THE MINUTE HE/SHE STARTS FROM HOME

AND THE MINUTE HE/SHE RETURNS HOME?

I think it is debatable.

Regards

Safety everyday, everyway, all the time!!!! "Zero Tolerance for Unsafe Conditions and Unsafe Acts" Suresh Safety Officer Visteon India, Climate Control Systems Division 91-4114-254280 x 2862 e-mail ssuresh5@... Mobile 9840182504

Factories ActDear Colleagues ,Could anyone please let me know if an accident takes place to an employeewhile coming to / returning from work place is considered " on the job " ?If so , under what Regulations ? In addition , request someone to send me asoft copy of the National Building Code of India.Best Regards,RakeshThis e-mail, including any attachments, is intended solely for the personor entity to which it is addressed and may contain confidential,proprietary and/or non-public material. Except as stated above, any review,re-transmission, dissemination or other use of, or taking of any action inreliance upon this information by persons or entities other than anintended recipient is prohibited. If you receive this in error, please sonotify the sender and delete the material from any media and destroy anyprintouts or copies.

[Guest guest]

Dear All,

One of my friends clarifies as below:

1. The employee's working hours will be counted only from the moment he

reaches his jobsite/respective machine

2. The employer's liability for employee starts once the employee enters

the premises of the factory.

3. In case if the employer provides transportation to the employee, the

employer's liability for employee starts from the moment the

Employee boards the assigned vehicle. This liability comes under natural

justice but not under factories act. Hence during the transportation if any

accident happens it need not be reported.

4. It is purely employer's choice to provide the transportation to

employees and there is no legal binding on the employer to do so.

5. ESI was having a coverage for the employees those who were residing

within 5km radius. Now this has been lifted.

Hence reporting need not be while coming/returing but compensation to be

given in cases where the transportation provided by the company.

Regards

Safety everyday, everyway, all the time!!!!

" Zero Tolerance for Unsafe Conditions and Unsafe Acts "

Suresh

Safety Officer

Visteon India, Climate Control Systems Division

91-4114-254280 x 2862

e-mail ssuresh5@...

Mobile 9840182504

Factories Act

Dear Colleagues ,

Could anyone please let me know if an accident takes place to an employee

while coming to / returning from work place is considered " on the job " ?

If so , under what Regulations ? In addition , request someone to send me a

soft copy of the National Building Code of India.

Best Regards,

Rakesh

This e-mail, including any attachments, is intended solely for the person or

entity to which it is addressed and may contain confidential, proprietary

and/or non-public material. Except as stated above, any review,

re-transmission, dissemination or other use of, or taking of any action in

reliance upon this information by persons or entities other than an intended

recipient is prohibited. If you receive this in error, please so notify the

sender and delete the material from any media and destroy any printouts or

copies.

[Guest guest]

Good discussion so far.

FURTHER CLARIFICATION:

This is not directly covered under Factories Act ( I think there are some "caselaw" regarding compensation - someone can through light on this)

If worker is not covered under ESI Act, then u/s 3(1) of WC Act1923 , "If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation". The worker travels for attending work means this activity is arising out of his employment (otherwise, why would have he travelled ?), so covered under this statute.

And the Group Insurance taken by the employer is applicable under this act u/s 14.

I'd like to know abt the exact statutory reference of the points mentioned by Mr. Upadhyay as - compensation has to be paid if the person “on duty” or “ traveling to attend duty” or even if he has been sent for traveling because of duty. For traveling to attend duty, the shortest and the most normal path is considered. In case of any issue pertaining to the travel path, legal third party intervention would be required.

If the bus,scooter, cycle etc.meets with an accident; reimbursement has to be paid for all the medical expenses incurred and compensation has to be paid "

The WC Act is attached herewith for reference.

Warm regards,

J K Das ( 0261-5582222 / (M) 9879101548

Safety comes in Cans. I can, You can... We can.

Factories ActDear Colleagues ,Could anyone please let me know if an accident takes place to an employeewhile coming to / returning from work place is considered " on the job " ?If so , under what Regulations ? In addition , request someone to send me asoft copy of the National Building Code of India.Best Regards,Rakesh

[Guest guest]

Dear Sir,

I have one doubt. Some are going for attending Training classes nominated by the management. Some are working as sales / marketing representatives. Some are going on company business for purchase, discussion travel by bus, vechicle, train and they are suppossed to stay for days together to complete the work. During that time, if any accidents, how it will be treated?

Please clarify.

B.Sridhar

Safety Officer

Factories ActDear Colleagues ,Could anyone please let me know if an accident takes place to an employeewhile coming to / returning from work place is considered " on the job " ?If so , under what Regulations ? In addition , request someone to send me asoft copy of the National Building Code of India.Best Regards,Rakesh

[Guest guest]

Dear Sridhar,

Any Employee said by u below meets with an

Accident it will be recorded as per factories and factory or organization need

to bare all the expenses, because he / she as gone on duty for some official purpose

outside the organization.

Hope this clarifies u,

Rgds

Dinesh

Factories Act

Dear Colleagues ,

Could anyone please let me know if an accident

takes place to an employee

while coming to / returning from work place is

considered " on the job " ?

If so , under what Regulations ? In addition ,

request someone to send me a

soft copy of the National Building Code of India.

Best Regards,

Rakesh

This e-mail message may contain privileged and/or confidential information, and is intended to be received only by persons entitled to receive such information. If you have received this e-mail in error, please notify the sender immediately. Please delete it and all attachments from any servers, hard drives or any other media. Other use of this e-mail by you is strictly prohibited.

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[Guest guest]

Dear Friends,

The issue of compensation can be claimed or not when a guy meets with accident while on his way back is really interesting and a really very typical situation indeed.

Infact I have come across a session, wherein the compensation aspect was discussed at length during my attending of NEBOSH classes in Dubai.The first thing that it has to be established is that :

1.The person / victim in question was on duty during the day and his attendance was marked in the muster rolls.

2.He has completed the duties and is on his way to his residence only.In some cases, it was observed that if a person gets killed or injured while on his way back to the

house - he be considered as on his duties.

3.To be very clear on this concept : We are considered to be on duty from the moment we left our homes FOR DUTY ONLY. And till the moment we reach our destination.

4.The burden of proving that the accident arose out of employment is upon the workman.( Workmen's Compensation Act, 1923 - Chapter 2, Section 3 - notes. )

5.The company can well support the victim in such a situation that, YES, he was proceeding to his home only from duties.

As a quote from the Workmen's Compensation Act ( Industrial Law, by P.L.Malik - Page 1960 ) :-

A worker was stabbed on his way to work and there was no motive behind the murder.it was held that the accident arose out of employment. there are several such incidents, which went in favour of the worker.

Let me know, if you have any clarifications.

Regards

M.Subba Rao

subbaraom@...

Factories ActDear Colleagues ,Could anyone please let me know if an accident takes place to an employeewhile coming to / returning from work place is considered " on the job " ?If so , under what Regulations ? In addition , request someone to send me asoft copy of the National Building Code of India.Best Regards,Rakesh

This e-mail message may contain privileged and/or confidential information, and is intended to be received only by persons entitled to receive such information. If you have received this e-mail in error, please notify the sender immediately. Please delete it and all attachments from any servers, hard drives or any other media. Other use of this e-mail by you is strictly prohibited.

All e-mails and attachments sent and received are subject to monitoring, reading and archival by Monsanto. The recipient of this e-mail is solely responsible for checking for the presence of "Viruses" or other "Malware". Monsanto accepts no liability for any damage caused by any such code transmitted by or accompanying this e-mail or any attachment.