Rule 172. Procedure of inquiry and other related matters

(1) Where in any workplace an accident causing death or serious bodily injury takes place or there is an occurrence of any dangerous occurrence or cases of any occupational disease as specified in the Third Schedule to the Code has been reported or is suspected to have been contracted, the State Government, as the case may be, appoint one or more persons possessing legal and special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident or occupational disease.

(2) The competent person appointed under sub-rule (1) shall carry out the inquiry into the causes of the accident or dangerous occurrence along with identification of the hazardous condition for which competent person has reasonable evidence to conclude and to be recorded in writing in the inquiry report, has caused the accident or the dangerous occurrence and also identify the persons which the competent person believes, based on findings, to be responsible for such accident or occurrence, as the case may be.

(3) The inquiry report shall contain conclusive findings of the inquiry along with the recommendations for prevention of such accidents or dangerous occurrences of occupational diseases containing suggestions for implementation to prevent re-occurrence.

(4) In event of other than dock work, any competent person appointed by the State Government for the purposes of inquiring into the causes of any accident, dangerous occurrence or occupational diseases connected with the work under the provision of section 121 of the Code shall make the inquiry in the following manner, namely-(i) date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than thirty days in writing of such date, time and place to every person entitled to appear at the inquiry whose name and address are known to the competent person:

Provided that,—

(a) with the consent of such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and

(b) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances;

(ii) the notice given under clause (i) shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry;

(iii) without prejudice to the foregoing provisions of this sub-rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject matter of the inquiry, take one or more of the following steps, namely:-(a) publish notice of the inquiry in one or more newspapers, including where appropriate, newspapers circulating in the locality or area in which the subject-matter of the inquiry arose; and

(b) give such other notice of the inquiry as appears to the competent person to be appropriate; and the requirements as to the period of notice contained in clause (a) of this rule shall not apply to any such notices.