Which company should be held responsible for this minor injury incident?
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An accident resulting in minor injuries occurred in our company’s maintenance workshop. However, this workshop was outsourced; our safety department entered into a safety agreement with the contractor on behalf of the company, stipulating that the contractor would be responsible in case of any safety incidents. Now that an accident has occurred, they try to shift the responsibility to our company. But this employee is also one of our company’s employees. Dear sea friends, please share your opinions – which company should be held responsible for this accident?
Whether it’s contracting, leasing, or something else, as long as it’s within your company, you are responsible
In accordance with the principle of territorial management, your company should bear the responsibility, and the specific details shall be discussed and resolved by both parties.
Article 86: If a production or business operation entity assigns or leases its production or business operations, premises, or equipment to entities or individuals that do not meet the safety production requirements or lack the necessary qualifications, it shall be ordered to make corrections within a specified time limit, and any illegal gains shall be confiscated； If the illegal gains amount to 50,000 yuan or more, a fine of not less than one time but not more than five times the amount of the illegal gains shall be imposed ； If there are no illegal gains, or the illegal gains amount to less than 50,000 yuan, a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed, either alone or in addition to other penalties ； Those who cause production safety accidents that result in harm to others shall bear joint and several liability for compensation together with the contractor and lessee. If a production and operation entity fails to enter into a separate safety production management agreement with contracting or leasing units, fails to specify their respective safety production management responsibilities in the contracting or leasing agreements, or fails to provide unified coordination and management of safety production for such units, it shall be ordered to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification.
Each case should be analyzed on its own merits to determine the cause of the injuries or deaths. Theoretically, the company must bear some responsibility; for property losses, one can turn to insurance companies, and for medical treatment, social security can be utilized
First, it is necessary to check whether the contracting entity has the legal qualifications required for contracting; if not, your company will definitely have to take responsibility. If the necessary legal qualifications are in place, check the responsibilities of both parties as well as the provisions regarding accidents in the agreement; if it is the responsibility of the contracting party, then that party should bear the responsibility. But if something serious happens, your company cannot shirk its responsibility; however, the extent of that responsibility will depend on the records you keep regarding the coordination and management of the contracting units!
From what you’re saying, your company has signed a safety agreement with the contracting party, and it’s necessary to determine each party’s responsibilities based on the terms of that agreement. The injured person is an employee of your company; it’s important to figure out what that employee was doing at the accident site – whether they were assigned to the contracting party or there on behalf of your company. The situation is complex, so it’s essential to clarify everything before it can be determined who is responsible: lol
If an employee of your company is injured while at work, it constitutes a work-related injury, and your company is definitely liable for that injured employee. However, the specifics depend on the safety agreement between your company and the contractor; your company must then investigate the cause of the accident in accordance with the \"four no-let-go\" principles and hold those responsible accountable.
Since he is an employee of your company and it was during working hours, your company certainly has a responsibility to take action. Even though an agreement was signed, it’s necessary to check whether that agreement complies with relevant laws and regulations. I wonder if penalties were taken into consideration, and whether there is any work-related injury insurance in place If we are to evaluate the security department, we must shirk responsibility; we security professionals cannot do without such foresight. So it’s better not to worry about it.
It depends on what was agreed upon by both parties at the time of contracting. Personally, I think the company should cover the expenses first and then seek reimbursement from the contractor based on the principle of recourse; if there is no clear agreement, then negotiations should be held to resolve the issue.