SAFETY AND ENVIRONMENT EDUCATION FOR DEVELOPMENT

How To Avoid or Prevent This…

Case 1:

Two persons arrested

Two men charged with negligence of safety in a fire accident which occurred at , a private power plant, were arrested
here on Wednesday.

M. Alex (32) of Tiruchi, Safety Officer and N. Rajanarayanan (43), Operation Manager were held. Puthiyamputhur
police filed a case under Sections 285, 287, 337, 338 and 304 (A) of Indian Penal Code based on complaint preferred by
R. Suryanarayanan (21) of Tiruchi, one of the injured undergoing treatment at private hospital in Tuticorin. Post mortem
was not performed on those who lost their lives in the fire accident, which occurred Tuesday. Families of the deceased
were demanding compensation for the victims claiming it to have happened due to lack of safety arrangements.

A few political cadres also cited lack of safety arrangements at the plant and sought necessary action. Fire, which broke
out at the coal crusher house of the private power plant, claimed the lives of four contract workers and left six others,
injured. In the wake of the accident, the deceased fell off the accident site from about 75-metre height to escape. But the
victims died not of burns, which was recorded to be of only less percentage, Superintendent of Police J. Rajendran said.

The deceased were P. Malraj (48) of Soreespuram, Tuticorin, K. Lavakumar (28) of Kazhugumalai, M. Shakthi (28)
Ceylon Colony of Ottapidaram, K. Hoogli (19) of Assam. The injured are R. Suryamurthy (21) of Tiruchi, G.
Sudalaimuthu (35) of Tuticorin, X. Charles (31) of K.V.K. Nagar, Tuticorin, S. Nagendran (22) of Tiruchi, G. Saravana
Kumar and K. Kumar of K.V.K. Nagar.

Thanks: The Hindu

Case 2:

Two officials held for fire accident in tyre company

TNN Sep 17, 2012, 07.19AM IST

MADURAI: Two officials of the tyre factory in Madurai were arrested on Sunday for the fire accident that
killed three employees and injured five a day ago.

Police said that they have arrested V Shanmugakumaran from Villivakkam in Madurai district and J
Lakshmikanthan from Thittakudi in Cuddalore district. While Shanmugakumaran was working as a
manager, Lakshmikanthan was safety supervisor at TVS Sri Chakra Tyres Limited at Vellaripatti. They
have been charged under IPC Section 304 (a) for causing death by negligence. The two have been
remanded and sent to the Madurai Central prison, a police officer said.

Thanks: The Times Of India.

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 SAFETY AND ENVIRONMENT EDUCATION FOR DEVELOPMENT
Model Rules From DGFASLI Website about Duties of Safety Officer:

Rule prescribed under Section 40-B

69. Safety Officers

(3) Duties of Safety Officers

(a) The duties of a Safety Officer shall be to advise and assist the
factory management in the fulfilment of its obligations, statutory
or otherwise, concerning prevention of personal injuries and
maintaining a safe working environment. These duties shall
include the following, namely -

(i) to advise the concerned departments in planning and

organising measures necessary for the effective control of
personal injuries;

(ii) to advise on safety aspects in all job studies, and to carry

out detailed job safety studies of selected jobs;

(iii) to check and evaluate the effectiveness of the action taken

or proposed to be taken to prevent personal injuries;

(iv) to advise the purchasing and stores departments in

ensuring high quality and availability of personal protective
equipment;

(v) to provide advice on matters related to carrying out plant

safety inspections;

(vi) to carry out plant safety inspections in order to observe

the physical conditions of work and the work practices and
procedures followed by workers and to render advice on
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 SAFETY AND ENVIRONMENT EDUCATION FOR DEVELOPMENT
measures to be adopted for removing the unsafe physical
conditions and preventing unsafe actions by workers;

(vii) to render advice on matters related to reporting and

investigation of industrial accidents and diseases;

(viii) to investigate selected accidents;

(ix) to investigate the cases of industrial diseases contracted

and dangerous occurrences reportable under rule 121;

(x) to advise on the maintenance of such records as are

necessary relating to accidents, dangerous occurrences
and industrial diseases;

(xi) to promote setting up of safety committees and act as

adviser and catalyst to such committees;

(xii) to organise in association with the concerned

departments, campaigns, competitions, contests and other
activities which will develop and maintain the interest of the
workers in establishing and maintaining safe conditions of
work and procedures; and

(xiii) to design and conduct either independently or in

collaboration with the training department, suitable training
and educational programme for the prevention of personal
injuries.

(4) Facilities to be provided to Safety Officers. - An occupier of the factory

shall provide each Safety Officer with such facilities, equipment and
information as are necessary to enable him to discharge his duties
effectively.
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 SAFETY AND ENVIRONMENT EDUCATION FOR DEVELOPMENT
(5) Prohibition of performance of other duties. - No safety Officer shall be
required or permitted to do any work which is inconsistent with or
detrimental to the performance of the duties prescribed in sub-rule (3).

When can Arrest be carried out by police?

The Criminal Procedure Code, allows a police officer to arrest a person if s/he:

i. is involved in a cognizable offence: a reasonable complaint has been made against her/him; or credible
information has been received about her/him; or a reasonable suspicion exists regarding her/his involvement in
a cognizable offence;

ii. unlawfully keeps implements of housebreaking in her/his possession;

iii. is a proclaimed offender;

iv. is found to be in possession of property which may reasonably be suspected to be stolen; or is suspected of
having committed an offence in relation to stolen property;

v. obstructs a police officer from lawfully discharging her/his duties or escapes or attempts to escape from
lawful custody;

vi. is suspected to be a deserter from the Armed Forces;

vii. commits or is suspected of committing an offence outside India, which is punishable in India and for which
s/he can be detained in custody

viii. being a released convict, commits a breach of any rule made by the State Government under Section 356
Code of Criminal Procedure, 1973 requiring a previously convicted offender to notify her/his change of
residence;

ix. requires to be arrested on the request of another police officer and sufficient grounds for arrest have been
shown by the police officer requesting the arrest;

x. belongs to one or more categories of persons specified in Sections 109 or 110of the Code of Criminal
Procedure, 1973.

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 SAFETY AND ENVIRONMENT EDUCATION FOR DEVELOPMENT
A police officer can arrest a person who commits or is accused of committing a noncognizable offence in
her/his presence and refuses to give her/his name and address or gives a name and address that appears to be
false.

A police officer can arrest a person without warrant, if it appears that the person is making a design to
commit a cognizable offence.

Thanks: website: http://www.humanrightsinitiative.org

What is IPC 304(A)

Section 304A. Causing death by negligence

[304A. Causing death by negligence.—Whoever causes the death of any person by doing any
rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine, or with both.]

Now Team Pl. inform us - the possible circumstances for arresting the
Safety officer and other managers in accidents, also need your views
to prevent this in future..

?????
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