Rule 10. Notice of accidents and dangerous occurrences under sub-section (1) of Section 10 and Section 11

(1) Where at any place in an establishment which is a factory, motor transport undertaking, plantation, beedi and cigar, or relating to contract labour including interstate migrant workers or building and other construction work, an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-VI electronically and inform by telephone to the Inspector-cum- facilitator, Chief Inspector-cum Facilitator, District Magistrate or Sub-divisional Officer and the officer-in-charge of the nearest police station; and the family members or kin of the deceased person, and also have this information confirmed in writing within 12 hours of the occurrence of the accident.

(2) Where at any place in an establishment which is a factory, motor transport undertaking, plantation, beedi and cigar, or relating to contract labour including interstate migrant workers or building and other construction work, an accident occurs which results in 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, the employer or occupier or manager of the establishment shall forthwith send a notice in Form-VI within twelve hours after the completion of forty eight hours, electronically to the Inspector-cum-Facilitator.

(3) Wherein an establishment there is any dangerous occurrence as specified in the schedule annexed hereto, whether causing any bodily injury or disability or not, a notice in Form-VI shall, within twelve hours, be sent to the Inspector-cum-facilitator, and the District Magistrate or Sub-Divisional Officer;

Provided that if in the case of an accident or dangerous occurrence, death occurs to any person injured by such accident or dangerous occurrence after the notices and reports referred to in the foregoing sub-rules have been sent, the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in writing within 12 hours of the death.

Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (2) does not occur immediately following the accident, or the dangerous occurrence, but later on occurs in more than one spell, the report there of shall be sent to the Inspector-cum-Facilitator in the Form-VI within 24 Hours following the hours when the actual total period of disability from working resulting from the accident or the dangerous occurrence becomes 48 hours.

(4) No injured person shall be allowed to return to work without a fitness certificate issued by a qualified medical practitioner.

(5) Wherever the person injured does not return to work in the establishment before the expiry of twenty one days after the occurrence of the accident with or without disablement and wherever the person injured returns to work in the establishment after sustaining compensable disablement as a result of the accident, the employer or occupier or manager of the establishment shall send to the Inspector-cum-Facilitator within twenty eight days of the occurrence of the accident, a written report on the prevailing status of the injured and follow it up as necessary with further reports once every fortnight thereafter, until the final report on the date of return to work of the person injured is made.

(6) In the event of the person injured not returning to work of his own accord or otherwise, the full circumstances of the same should also be reported to the Inspector-cum-Facilitator by the employer, or occupier or manager of the establishment within seven days of his name being removed from the muster roll of the establishment. Even if the person injured were to be covered by the Employees' State Insurance Scheme, it shall be the responsibility of the employer or occupier or manager of the establishment to obtain the relevant information for the purpose of this rule and report the same to the Inspector-cum-Facilitator as prescribed in Form-VI.