Article 229 of the Labor Code of the Russian Federation - The procedure for forming commissions to investigate accidents

To investigate the accident, the employer (his representative) immediately forms a commission consisting of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers, and a labor protection commissioner. The commission is headed by the employer (his representative), and in cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established field of activity.

When investigating an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating the specified accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.

Unless otherwise provided by this Code, the composition of the commission is approved by order (instruction) of the employer. Persons who are directly responsible for ensuring compliance with labor safety requirements at the site (facility) where the accident occurred are not included in the commission.

The specified employer or his authorized representative, the victim’s authorized representative, and a labor protection specialist, who may be involved in the investigation of the accident on a contractual basis, take part in the investigation of an accident at an individual employer.

An accident that occurs to a person sent to perform work for another employer and participating in his production activities is investigated by a commission formed by the employer who experienced the accident. The commission includes a representative of the employer who referred the person. Failure to arrive or untimely arrival of the specified representative is not grounds for changing the timing of the investigation.

An accident that occurs to a person performing work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), to whom this territory is assigned with the rights of ownership, possession , use (including rent) and on other grounds.

An accident that occurs to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the mandatory participation of a representative of the employer on whose territory it was carried out.

An accident that occurs to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer at the victim’s main place of work about the results of the investigation.

The investigation of an accident that occurred as a result of a disaster, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the mandatory use of materials from the investigation of the accident, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, bodies of inquiry, investigative bodies and the owner of the vehicle.

Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim.

At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons closely related to him or her, their legal representative or other authorized representative may also take part in the investigation of the accident. If the legal representative or other authorized person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the materials of the investigation.

If the accident was the result of operational violations affecting the provision of nuclear, radiation and technical safety at nuclear energy facilities, then the commission also includes a representative of the territorial body of the federal executive body exercising the functions of federal state supervision in the field of atomic energy use.

In the event of an accident that occurs in an organization or facility controlled by a territorial body of the federal executive body exercising control and supervision functions in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

In case of a group accident with a death toll of five people or more, the commission also includes representatives of the federal executive body authorized to carry out state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the all-Russian association of trade unions . The commission is headed by the head of the state labor inspection - the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, and when investigating an accident that occurred in an organization or at a facility controlled by the territorial body of the federal executive body exercising control and supervision functions in in the field of industrial safety, is the head of this territorial body.

Article 228.1. Procedure for reporting accidents
Article 229.1. Time frame for accident investigations

What general requirements for the commission does Article 229 of the Labor Code of the Russian Federation contain?

Every accident with an employee that occurs at work or in connection with it, regardless of who it happened to, and regardless of the severity of the consequences, must be investigated by the employer without delay. To do this, he promptly creates a commission of appropriate appointment, approved by order.

The commission must include at least 3 people (and this number must always be odd) who can understand the reasons for what happened. Typically this is:

labor protection engineer or other person entrusted with these functions;
employer representative (for example, chief engineer);
representative of the trade union body (if there is one at the enterprise).

The head of the commission is the head of the employer or a person specially appointed by him. But the head of the section where the incident took place is not included in the commission.

A commission of this composition is considered sufficient to investigate minor accidents (not resulting in severe or permanent health impairment). However, for other incidents, its composition (including the head of the commission) can be determined by reasons of a very different nature:

the specific circumstances of the incident;
number of victims;
the severity of the consequences;
territorial features of work;
features of registration of labor relations with the employee;
control of work or objects related to the incident by certain departments.

The nuances of the formation of such commissions are described in Appendix No. 1 to Resolution of the Ministry of Labor of the Russian Federation dated October 24, 2002 No. 73.

Regardless of the severity of the consequences of the incident, the employer is obliged to notify the Social Insurance Fund at the place of its registration within the next 24 hours, and the Social Insurance Fund has the right to take part in the work of the established commission (subclause 6, clause 2, article 17 and subclause 3, clause 1, article 18 Law of the Russian Federation “On Compulsory Social Insurance” dated July 24, 1998 No. 125-FZ).

For information about what documents will be created during the investigation of an incident, read the article “Procedure for registering an industrial accident.”

Accident at work

The essence of an accident is that such a company specialist may be injured in the course of performing his job duties, or performing other actions within the framework of a signed employment agreement. That is, such situations, for the most part, concern those who have an employment relationship with the company. However, general norms have established a circle of people who are also affected by cases of this kind. These include:

receiving a specialty in the course of work, in accordance with a signed agreement on such training;
students studying at a post-school educational institution and aimed at undergoing internship;
those undergoing treatment in psychiatric institutions, if they are involved in performing certain types of work according to the conclusion of the treating medical specialist;
isolated from society as a measure of criminal influence and forced to work on the territory of a correctional institution;
members of cooperative and farm companies.

The norms of the Labor Code of the Russian Federation stipulate situations that can be considered an accident:

Receipt of bodily harm by a worker - injuries or mutilations.
They can be caused by: - another worker; - increased or decreased ambient temperature; - sources of electric current; - weather phenomena, for example, lightning; - animals and insects.
Health impairment from a blast wave, collapse of buildings, buildings and other structures.
Natural disasters - floods, hurricanes.

The main symptom of such circumstances is the temporary or permanent loss of the ability to fully fulfill the obligations of the position held, which led to the need to transfer to another place or to terminate professional activities altogether.

However, not only these reasons are a sign of an accident. Another determining factor is the circumstances of the injury. These include the events that occurred:

during the working day on the territory of the organization;
during a break for rest and food;
in the process of preparing special clothing and equipment for use, as well as when putting things in order at the end of work;
if the activity was carried out by order of the manager after the end of the main time or on a non-working day;
when delivered to the place of work on company transport or on your own, which was used for official purposes by order of the boss or in agreement with him;
during departure and return after a business trip;
in the process of performing work on a rotation basis.

Can the victim participate in the investigation of the incident?

An employee who is a person injured as a result of an incident has the right, personally or by delegating his representative, to participate in its investigation ( Article 229 of the Labor Code of the Russian Federation).

If the victim has died, then his interests can be represented by his dependents or immediate relatives (in-laws), as well as their trusted representatives. If such persons did not participate in the investigation, but want to familiarize themselves with its materials, then they must be given such an opportunity.

What is the composition of the commission for an accident that occurred on foreign territory?

The employee who suffered the accident may have been in the territory controlled by another employer, department or in another country during the accident. Possible options for creating commissions in such situations are:

The employee is on a business trip with another employer and participates in its activities. In this case, the commission is created by the employer on whose territory the incident occurred, but a representative of the employee’s direct employer must be invited to join it. Moreover, his lateness to the start of the commission’s work is not grounds for postponing its work.
An employee performs work assigned to him by his employer on the premises of another employer. The investigation will be carried out by the employee's employer, and a representative of the other employer will be involved in the investigation if necessary. But if the territory of another employer is specially provided for the employee to perform work on behalf of his employer, then the involvement of the other employer in the work of the commission becomes mandatory.
The accident occurred at a part-time place of work. The employer for whom the employee works under these conditions will investigate the incident. At the place of main work, information will be transferred to them only upon receipt of the employee’s written consent to this.
The transport incident is investigated by the employer, but with the obligatory involvement in this procedure of materials received by the relevant supervisory authorities, investigators, investigators and the owner of the transport.
The incident occurred with an employee sent to a CIS member state. The principles for forming an investigation commission will correspond to the procedure adopted in this state (Article 3 of the Agreement on the procedure for investigating accidents at work, concluded in Moscow on December 9, 1994). If the employee has concluded an employment agreement to work on the territory of this state, then the commission must be formed according to the rules of the state in which the agreement was signed (Article 8 of the same Agreement dated 12/09/1994).

An agreement has been prepared (but has not yet entered into force) dated 05/31/2013 on the procedure for investigating industrial accidents that occurred with citizens of one state - a member of the Eurasian Economic Community while carrying out labor activities on the territory of another state - a member of the Eurasian Economic Community, the need to put into effect which is noted in Appendix No. 5 to the Agreement on the termination of the activities of the Eurasian Economic Community, signed in Minsk on October 10, 2014.

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Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim.

In case of a group accident with a death toll of five people or more, the commission also includes representatives of the federal executive body authorized to carry out state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the all-Russian association of trade unions .
The commission is headed by the head of the state labor inspection - the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, and when investigating an accident that occurred in an organization or at a facility controlled by the territorial body of the federal executive body exercising control and supervision functions in in the field of industrial safety, is the head of this territorial body. ‹ Article 228.1 (Labor Code of the Russian Federation) Procedure for notification of accidents Up Article 229.1 (Labor Code of the Russian Federation) Time limits for investigating accidents ›

How is a commission formed in the event of severe consequences of an incident?

Commissions are formed in a special order in cases of severe consequences of the incident:

threatening life and health and leading to prolonged loss of ability to work (clause 3 of the order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 No. 160);
fatal.

In addition to the head of the employer, they include representatives of:

regional administration;
federal and regional supervisory authorities of the relevant field of activity;
state labor inspectorate.

The head of such a commission is usually a representative of the federal supervisory authority that monitors compliance with labor laws. If the facility where the incident occurred is under the control of a regional industrial safety supervisory authority, the commission will be headed by a representative of this authority.

When the result of an accident is the death of 5 or more people, the commission is supplemented by a representative of the all-Russian association of trade unions, and it is headed by the head of the state labor inspectorate or his deputy. If the incident is related to a facility controlled by a regional industrial safety supervisory body, the commission will be headed by the head of this body.

At any level, representatives can be invited to the commission:

higher level organizations;
prosecutor's office;
sanitary and epidemiological supervision.

Read about the documents and how to record the fact of an accident in the following materials:

“Act on accident at work (nuances)”;

"Journal of registration of accidents at work."

general information

If an accident involving employees is recorded in an organization, a trial is scheduled to confirm or deny the company’s involvement (due to poor-quality equipment or working conditions). The investigation is carried out by an independent commission, which may consist only of company employees or with the involvement of persons from government supervision.

Article 229 of the Labor Code of the Russian Federation regulates the rules for the formation of a commission for proceedings if an employee is injured:

as a result of an accident;
industrial accidents.

In the investigation, there is always a person representing the employer; members of labor unions (trusted by the victim) and employees of regulatory government services may be involved. An important rule is that there is an odd number of participants, from three people.

The composition of the members for the investigation is documented and certified by the signature of the general director and his deputy. According to Art. 229 of the Labor Code of the Russian Federation, during the proceedings it is impossible to involve an occupational safety specialist who controls the area where the accident occurred.

In case of injuries of 2nd and 3rd degree of severity or death, representatives of the controlling municipality are involved in the investigation. The commission is headed by an official from the supervisory public service, depending on the nature of the emergency. For example, in the case of explosions at a mine, emissions of harmful substances, a representative of the local federal service for environmental and technological control is in charge of the investigation.

Which commission investigates cases of occupational diseases?

In relation to an occupational disease resulting from exposure to harmful production factors, the following are first established:

preliminary diagnosis - by a medical institution;
final diagnosis - by the center of occupational pathology;
sanitary and hygienic working conditions under which such a disease could occur - by the sanitary and epidemiological inspection service.

After receiving notification of a disease from the center of occupational pathology, the employer, within 10 calendar days, is obliged to form a commission, which will be headed by the head doctor of sanitary and epidemiological supervision (clause 19 of the Regulations on the investigation and recording of occupational diseases, approved by Decree of the Government of the Russian Federation of December 15, 2000 No. 967).

The commission will include:

employer representative;
occupational safety engineer;
representative of a medical institution;
representative of the trade union body.

Other specialists and the injured worker himself may also participate in its work.

What are the features of the commission for an individual employer?

The composition of the commission to investigate an accident at an individual employer will be formed as follows:

the employer himself (heads the commission);
the victim's confidant;
labor protection engineer or other person entrusted with these functions.

Other necessary specialists, as well as the injured employee himself, may be involved in the work of the commission.
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Article 229.3. Investigation of accidents by state labor inspectors

State labor inspector upon detection of a hidden accident, receipt of a complaint, statement, or other appeal from the victim (his legal representative or other authorized representative), a person who was dependent on the deceased as a result of an accident, or a person who was closely related to him or her ( their legal representative or other authorized representative), about their disagreement with the conclusions of the accident investigation commission, as well as upon receipt of information that objectively indicates a violation of the investigation procedure, conducts an additional investigation of the accident in accordance with the requirements of this chapter, regardless of the statute of limitations of the accident . An additional investigation is carried out, as a rule, with the involvement of a trade union labor inspector, and, if necessary, representatives of the relevant federal executive body exercising state control (supervision) in the established field of activity, and the executive body of the insurer (at the place of registration of the employer as an insured).

Based on the results of an additional investigation, the state labor inspector draws up a conclusion about an industrial accident and issues an order that is mandatory for the employer (his representative).

The state labor inspector has the right to oblige the employer (his representative) to draw up a new report on an industrial accident if the existing report is drawn up with violations or does not correspond to the accident investigation materials. In this case, the previous report on an industrial accident is declared invalid based on the decision of the employer (his representative) or the state labor inspector.