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| Photo by Science in HD on Unsplash |
According to Convention C155 and Recommendation R164, it
is the duty of an employer to maintain safe working equipment, environment and practices.
Occurrence of an unwanted incident/accident is clearly a breach of duty according to safety legislation and employer will have to face the music both financial as well as on legal grounds. Possible Legal consequences which an employer has suffer are: In case of a small accident or near miss, Employer organization is warned by giving improvement notice.
· In case there is no improvement in workplace even after 14 days then organization will be notified to stop carrying out activities and improve working conditions first of all.
· If there is no positive response to notices given by enforcement agency criminal prosecution is step which is taken. During this process, if organization is found guilty then a fine is imposed on it
· If an accident involving high damage has occurred then directly prohibition notice will be served and prosecution in courts will be the first step in legal proceedings
Not only employer organization, but plant manager, HSE engineer and manager are also held responsible for this and they too have to face prosecution and if proved they may face, fine, imprisonment or both.
· The first aid and medical costs which are to be provided to injured workers if control actions are not taken and accident happens. All these costs are paid by employer organization. Sick pay will also be paid to worker.
· There will also be a damage of machinery and equipment l which could happen as a result of accident. So, a huge amount of money will be involved in purchasing new equipment and machinery.
· Expenditure also includes costs involved in legal proceedings such as compensation cases and cases in criminal courts e.g. hiring an attorney will require significant amount of money. Insurance companies could also reduce premiums in case of accident. Injured workers could also file case for compensation in the civil courts, if negligence is proved organization will have to pay compensation.
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