Are you running a factory in Andhra Pradesh? Or are you involved in the HR compliances of a factory in Andhra Pradesh? Then you will need to know about filing the Form 18 Notice of Accident or Dangerous Occurences Resulting in Death or Bodily Injury. This is compliance that you have to file under the Factories Act - more specifically - the Andhra Pradesh Factory Rules. It is also required under the Employees State Insurance Regulations.

HR compliance for a business in India means keeping up with the requirements of various central and state employment and welfare laws. The Factories Act is a central welfare law that regulates working conditions in factories across India. Each state has its own Factories Rules that lay down more specific compliances.

The Employees State Insurance Regulations are a central set of regulations that apply across different states. One of the common compliances for factories across states in India is to file a notice of any accident or dangerous events that resulted in an injury or death.

This article will help you understand the Notice of Accident or Dangerous Occurences Resulting in Death or Bodily Injury that a factory in Andhra Pradesh has to file in Form 18. It will take you through these questions:

What is the Form 18 Notice about?

Form 18 is a notice that a factory has to file to the Labour Inspector in case of an accident that causes the death of any person or causes bodily injury that may lead to death or any dangerous occurrence specified in the schedule. The manager of the factory has to send the Form 18 notice to the Inspector and Deputy Chief Inspector.

What Are the Requirements of the Form 18 Notice?

The Form 18 notice requires that it should be confirmed by the manager of the factory to the authorities within 12 hours of the accident or the event. This confirmation must be done through a written report by way of a copy of the accident report.

The Employees State Insurance Regulations also prescribe a written accident report that needs to be filed to report an accident or dangerous occurrence. The filing can be done in the form of this report or through Form 18 in the case of an accident or dangerous occurrence that causes death or bodily injury to a person. In the case of a dangerous occurrence that does not cause any injuries, the report can be filed through Form 18-A.

When any accident or dangerous occurrence specified in the Schedule causes bodily injury to a person that prevents them from working for 48 hours or more, the manager of the factory must send a report in the form of a copy of the accident report as per the Employees State Insurance Regulations or Form 18 within 24 hours after 48 hours has transpired after the accident or event.

What if the person dies after the notice has been sent?

If an accident or dangerous event occurs and a person injured dies after the notices and reports have been sent, the factory has to send a notice to the authorities and have this information confirmed in writing within 12 hours from the death.

What if the person is disabled from working later?

If the person is disabled from working for 48 hours or more but this takes place later and not immediately after the accident, then the report must be sent as a copy of the accident report within 24 hours immediately following the period of disability from working which has gone on for 48 hours.

Why Do You Have to File the Form 18 Notice?

The Form 18 notice is a compliance requirement under the Andhra Pradesh Factories Rules. Rule 96 prescribes the need to file the Form 18 notice of an accident or dangerous occurrence.

The Factories Act lays down a requirement to file a notice of certain accidents. Section 88 of the Factories Act states that if an accident occurs in a factory and it causes death or bodily injury because of which the person is injured or prevented from working for 48 hours or more immediately following the accident, then the manager of the factory should send a notice to the authorities.

It further adds that in the case of a notice relating to an accident that causes death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of receiving the notice or make an inquiry into it.

Under this, the state governments have made rules to regulate the procedure for this notice. The Andhra Pradesh Factory Rules lay down the Form 18 requirement as a part of the state-specific procedure.

Section 88A of the Factories Act requires a notice to be filed for dangerous occurrences. It states that where any dangerous occurrence occurs in a factory, the manager of the factory must send a notice to the authorities. This is irrespective of whether the occurrence causes any injury or disability to any person.

Form 18 and the Employees State Insurance Act

The Employees State Insurance Act also lays down the requirement to file a notice of accident in its regulations. Its regulations state that a notice of accident must be filed for every employee who undergoes a personal injury caused by an accident arising out of and in the course of his employment.

It requires that every employer has to send a report to the relevant branch office and the insurance medical officer of the insured person. This report is filed in Form 12 or it can be filed in Form 18 as given below.

This must be done:

Immediately, in case of a serious injury, that is likely to cause death or disablement
In any other case, within 48 hours of the notice having been received or when the accident came to the notice of the supervisor or employer, or other designated person
In case the accident does not lead to the employee being absent from work immediately but later, the employer may send the report within 48 hours after the subsequent absence from work

The Regulations also state that where the employer files a report of the accident under the Factories Act, 1948, i.e., through Form 18 under the Factories Rules, the report to the Branch Office and the Insurance Medical Officer may be made in the same form as prescribed in the Factories Act, 1948, i.e., in Form 18. However, all the additional information required under Form 12 would have to be added to the Form 18 filing.

If an injury is caused by an Occupational Disease (listed in the Employees State Insurance Act), then the employer does not have to file a report in Form 12 but will furnish the details to the Branch Office. Section 89 of the Factories Act also states that if a worker in a factory gets any disease specified in the Act, the manager of the factory should send a notice to the authorities.

The main related compliance for Form 18 is the Form 12 report mentioned above. Certain other related compliances come with Form 18 and describe the procedure to be followed in case an accident or dangerous event takes place in a factory. It's a good idea to know these compliances along with the Form 18 compliance.

As per the Employees State Insurance Act, the employee himself should give notice of the injury (written or oral) as soon as possible. The notice may also be given by another person on behalf of the employee. However, this notice does not have to be given if the injury is caused by an occupational disease. Once the employee gives notice to the employer or official who supervises his or her work, the details must be recorded. For this, an accident book must be maintained to record the particulars of the accident.

The details of the accident must be entered into the book as soon as possible after the accident. These details should include:

The full name, insurance number, sex, age, address, occupation, department, and shift of the injured person
The date and time of the accident
The place where the accident took place
The cause and nature of the injury
The name, address, and occupation of the person giving the notice, if the person is not the injured person
A statement of what exactly the injured person was doing when the injury took place
The names, addresses, and occupations of any two people who were present when the accident took place
Remarks if any

What Are the Details Needed for Form 18?

The details needed for Form 18 are as follows:

Name of the factory or employer
Name of the employee involved
Address of the premises where the accident took place
Nature of the industry
Branch or Department and exact location where the accident or dangerous occurrence took place
Employee's State Insurance number (if covered)
Name and address of the injured person
Gender, age, occupation, and monthly wages of the injured person
Local Employees' State Insurance Office
Date, shift, and hour of the accident or dangerous occurrence
The time when the person started work on the day of the accident or dangerous occurrence
Whether wages were paid to him for that day
Cause of the accident or dangerous occurrence
If it was caused by a machine - the name of the machine and the part involved
Exactly what was the injured person doing at that time

In your opinion:

Were the injured person's actions contravening any law?
Was he contravening any orders given to him?
Was he acting without instructions from the employer?
In case the accident or injury happened while traveling:
Was the injured person traveling to or from his place of work?
Was the injured person traveling with the permission of the employer?
Was the injured person traveling in transport operated by or on behalf of the employer?

These are the details you will need to be prepared to submit in Form 18.

Wrapping Up

The Form 18 filing is a necessary part of your HR compliances as a factory in Andhra Pradesh. It is a part of your labor law compliances under the Factories Act and the Andhra Pradesh Factories Rules, as well as the Employees State Insurance Act.

Keeping up with Form 18 filing and the related compliances will help you know exactly what to do if there is an accident or dangerous event in the factory and someone gets injured. It's best to be prepared so that you can follow the right protocol and not face a compliance headache or grapple with legal issues later.

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Key Takeaways

The Form 18 Notice is a notice that a factory has to file in case of an accident that causes the death of any person or causes bodily injury that may lead to death or any dangerous occurrence
The Form 18 notice requires that the accident should be confirmed by the manager of the factory to the authorities within 12 hours of the accident or the event
This confirmation must be done through a written report by way of a copy of the accident report
Form 18 is a compliance requirement under the Factories Act and the AP Factories Rules
The Employees State Insurance Regulations also prescribe a written accident report that needs to be filed to report an accident or dangerous occurrence in Form 12
The filing can be done in Form 12 or through Form 18 in the case of an accident or dangerous occurrence that causes death or bodily injury to a person
In case of a dangerous occurrence that does not cause any injuries, the report can be filed through Form 18-A