Rule 179: Procedure of inquiry and other related matters

Finin2min analysis — operative rule mechanics

Full notified text — Rule 179

179. Procedure of inquiry and other related matters.- (1) Wherein 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 Central 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 dock work, any competent person appointed by the Central Government for the purposes
      of inquiring into the causes of any accident, dangerous occurrence or occupational diseases connected
      with the dock 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.

Application and evidence

1. Primary statutory test — (1) Wherein 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 Central Government, as the case may be, appoint one or more persons possessing legal and special knowledge to act as assessors…
2. Additional operative limb — (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…
3. Qualification / exception to test — 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…
4. Numerical or timing control — (4) In event of dock work, any competent person appointed by the Central Government for the purposes of inquiring into the causes of any accident, dangerous occurrence or occupational diseases connected with the dock 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…
5. Code Section mapping — 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Central Government.

Cross-references & prescribed forms

Worked example

Q&A — Rule 179

Primary sources