Indian Health and Safety Legislation: Safety Officer Requirement.

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Industrial Health and Safety blogs. What are the Indian Health and Safety Legislation Requirement for  "Safety Officer"  in different states? Ans: Section 40-B. Safety Officers According to The Factories Act 1948 In every factory :- wherein  one thousand(1000) or more workers are ordinarily employed , or wherein, in the  opinion of the State Government , any manufacturing process or operation is carried on, which  process or operation involves any risk of bodily injury ,  poisoning or disease or any other hazard to health, to the person employed in the factory , the occupier shall, if so required by the State Government by notification in Official Gazette, employ such number of Safety Officers as may be specified in that notification. UTTAR PRADESH FACTORY RULES 1950 and Uttar Pradesh Factories (Safety Officers) Rules, 1984 THE TAMILNADU ...

What is breach of duty? Is this related to negligent act?

What is breach of duty? Is this related to negligent act?

The standard developed by organisation not met by individual due to his lack of duty of care is known as breach of duty. Obviously it is true that negligent act of individual lead to breach of duty.
In order to prove that defendants (Usually organisations are defendants) are at fault, plaintiff (Usually Injured worker ) must prove all below elements to held liable defendant for your injuries.



Juries are instructed to compare the facts, testimony, and evidence with the following elements before reaching a verdict:

Duty: This duty of care existence depends on the local and national regulation/ law.

Breach of Duty: Definition as above.

Cause in Fact: Defendant’s act resulted into the injury. i.e. Employing unskilled workmen by organisation (defendant) for highly skill job lead to an injury to worker (Plaintiff) could prove this element.

Proximate Cause: This is directly related with responsibility of Defendant’s (Organisation) in negligence.

Damages: Plaintiff must prove physical injury, physical damage to the asset.



Ref: http://injury.findlaw.com


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