In my Yahoo Groups HR Community email, I recently came across the following question and engaged with the solicitor in the following dialogue:

What is the process to be followed if there is a death at the workplace (not factory)? The death could be of an employee, contract staff
or visitor.

Is there any legal liability on the employer if the death is due to natural causes and not due to any negligence on part of the employer.

Regards,
Noel

My answer follows:

Interesting though somewhat morbid question 🙂 .

Generally, the company is not legally liable (except for any negligent or illegal acts). The company should not do anything which tries to hide anything or alters the body or anything on or attached to the body (except to check for identification, external wounds ( e.g., blood, a knife or piece of glass sticking out of the body), health condition identification bracelets/jewelry or other sorts of health related external indicators. Moreover, even if checking for the aforementioned, no one should move or alter the body or immediate surrounding area in any substantial way. Alteration of the immediate surrounding area may be minimally done to cordon off the area and to permit the free movement of any medical equipment, doctors, emergency and security personnel.

Relative to process, the company should have a written policy or a clearly understood unwritten procedure mandating that either the police, some other emergency or medical authority or the company’s own private security is immediately notified. Also, written reports from any and all witnesses and attending personnel should be taken and kept.

Disclaimer: The above isn’t intended as legal advice and creates no client/lawyer relationship. Additionally, my email is purely general advice which isn’t intended to address the needs of any specific employee or company. Also, my response is based on the general legal doctrine of common law legal systems, but may be applicable to civil law systems as well.

Noel responded with the following comment:

Thanks Charles for your inputs [sic].

I was also hoping to get some information on local legal requirements (which I guess you may not be able to help me with). Unfortunately in India we do not have good mobile emergency services and the best bet would be to move to a medical facility rather than wait for them to get to us. Also not all work places have medical room / professional services. In such situations a person is moved whether or not the person is confirmed dead by persons around him/her.

Your points are helpful to get started on having a policy to tackle such situations. Thanks once again.

My additional followup is:

Thanks Noel.

As I mentioned my comments were general. However, I believe that India’s legal system is common law based with aspects of civil law added. Please correct me if I’m wrong.

If I am correct, then in the context of Indian law, moving a person would only be advisable if the company is reasonably sure that the authorities will not find the company liable for any damage to the person or body, or liable for breaking any laws. Nevertheless, from a human resources management and legal perspective, it is probably not advisable to move or alter the body or surrounding area.

Chuck