Rule 8. Notice of accidents and dangerous occurrences

(1) When any accident which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, or any dangerous occurrence takes place in a factory, the Employer of the factory shall forthwith send a notice in Form–VIII thereof by telephone, special messenger or electronically to the District Labour and Employment Officer, Inspector cum facilitator of Factories and the Chief Inspector-cum- Facilitator.

(2) When any accident or any dangerous occurrence as specified in the class of occurrence stated below- which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, takes place in a factory, notice as mentioned in sub-rule (1) shall also be sent to:-(a) the District Magistrate or Sub-Divisional Officer,

(b) the Officer-in-charge of the nearest police station, and

(c) the relatives of the injured or deceased person.

(d) District Labour and Employment Officer.

(3) Any notice given as required under sub-rules (1) and (2) shall be confirmed by the Employer of the factory to the authorities mentioned in the above sub-rules within 12 hours of the accident or the dangerous occurrence by sending them a written report in Form-VIII in the case of an accident or dangerous occurrence causing death or bodily injury to any person and in the case of a dangerous occurrence which has not resulted in any bodily injury to any person.

(4) No person shall be allowed to disturb the site at which a fatal accident has occurred or any objects involved in the accident before the arrival of the Inspector-cum-Facilitator, or a police officer, not below the rank of a Sub-Inspector, or without the consent of such officer, provided that such condition may be taken as may be necessary to prevent a further accident or to secure persons from danger.

(5) The following class of occurrence shall be dangerous occurrence within the meaning of these rules, namely:-

(i) bursting of any plant or pipeline or equipment containing petroleum, steam, compressed air or other substance at a pressure greater than the atmospheric pressure;

(ii) collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane;

(iii) explosions, fire, leakage or release of harmful toxic gases, bursting out, leakage or escape of any molten metal, or hot liquid or gas causing bodily injury to any person or damage to any room or place in which persons are employed;

(iv) explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas;

(v) reporting of a communicable disease among more than 10 workers at a time

(vi) collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building or construction material or breakage or failure of rope, chain or loose gears; overturning of cranes used in building or other construction work, falling of objects from height;

(vii) collapse of any wall, floor, gallery, roof bridge, tunnel, chimney, wall, building or subsidence of soil or any other structure, platform, staging, scaffolding or any means of access including formwork; excavation and collapse of material handling equipment; (viii) spillage or leakage of hazardous substances and damage to their container;

(ix) collapse, capsizing, toppling or collision of transport equipment within the establishment/ factory;

(x) fall from height of any excavation, loading or transport machinery;

(xi) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e. a bump) in working below ground;

(xii) a rock-burst in working belowground, apremature collapse of any part of that work;

(xiii) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be endangered;

(xiv) a failure of any structure or installation whereby the safety of persons may be endangered, or spark generated due to electrical flash-over causing burn injury to any person;

(xv) a major uncontrolled emission of petroleum or chemical spillage;

(xvi) any occurrence arising out of a Natural Calamity.