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Union of India - Section

Section 4 in Dock Workers (Safety, Health and Welfare) Scheme, 1961

4. Notice of accidents and dangerous occurrences.

(1)Notice of any accident in a dock which either-
(a)cause loss of life to a dockworker, or
(b)disables a dock worker from work on which he was employed for the rest of the day or shift in which the accident occurred, shall forthwith be sent by telegram, telephone, special messenger or written message, within four hours of the occurrence, to -
(i)the Inspector notified for the purpose;
(ii)the relatives of the dock workers when the accident causes loss of life to the dock worker or is likely to disable the dock worker from work for more than ten days ; and
(iii)in the case of fatal accidents only-
(a)the officer in charge of the nearest police station, and
(b)the District Magistrate or if the District Magistrate by order so directs, the Sub-divisional Magistrate :
Provided that a notice of any accident of which notice is sent in accordance with the requirements of the Explosives Act, 1884 (4 of 1884), or the Petroleum Act, 1934 (30 of 1934), or the Indian Dock Labourers Act, 1934, (19 of 1934), need not be sent in accordance with this sub-paragraph.
(2)In the case of accidents falling under sub-paragraph (1) (b), the injured person shall be given first-aid and thereafter immediately conveyed to a hospital or other place of treatment.
(3)Where any accident causing disablement is notified under sub-paragraph (1) and after notification thereof results in the death of the dock worker disabled, notice in writing of the death shall be sent to the authorities mentioned in that sub-paragraph immediately when the death occurs.
(4)The following classes of dangerous occurrences shall forthwith be reported to the Inspector in the manner described in sub-paragraph (1) whether death or disablement is caused or not -
(i)collapse or failure of a lifting machinery used in raising or lowering of persons or goods, and breakage or failure of ropes, chains or other appliances forming part of lifting machinery or the overturning or displacement of a crane ;
(ii)collapse or subsidence of any wall, floor, gallery, roof, platform, staging and means of access provided in accordance with this Scheme;
(iii)bursting of a vessel containing steam under pressure greater than atmospheric pressure other than plant which comes within the scope of the Indian Boilers Act, 1923;
(iv)explosion or fire causing damage to any room or place, in which dock workers are employed ;
(v)explosion of a receiver or vessel used for the storage, at a pressure greater than atmospheric pressure, of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.
(5)Every notice given under sub-paragraph (1) or every report made under sub-paragraph (4) shall be confirmed within seventy-two hours of the occurrence by sending a written report to the Inspector in Form I provided that in case of an accident under C1. (b) of sub-paragraph (1) such written report need be sent only when the dock worker is disabled from work on which he was employed for more than forty-eight hours immediately after the accident.