We draw up an act in form N-1 about an industrial accident (N-1PS)

What is this concept?

An industrial accident is an event that results in injury or even death of an employee while performing the duties specified in the employment contract. Read more about the concept of NN here.

A group accident is considered if more than 2 people are injured. This also includes cases that occurred during a business trip or during a break between shifts.

Most often, group industrial accidents occur when exposed to a hazardous production factor. These include:

• Cutting tools.
• Lifting and moving mechanisms.
• Electricity.
• Increased temperature on certain surfaces.
• Particles of material flying off equipment.
• Rotating machines and devices.
• Explosive substances.
• Flammable liquids.

The list is not complete, since each enterprise has its own dangerous machines and tools. Safety rules at work must be learned and signed by all workers who have access to such equipment.

All workers who interact with such factors in the enterprise are required to regularly pass safety regulations. Also, the enterprise must have a responsible person who checks this fact and conducts training.

How many years are medical examination documents kept?

But there is no clear definition yet of how many years the results of medical examinations of enterprise employees should be stored. In 2010, a decree was issued on the storage of medical data for 3 to 5 years. However, it was not indicated for which types of activities or what deadlines were provided. For example, during the Soviet Union there was a clear division by type of work, which additionally took into account climatic conditions, harmfulness and danger of work.

Industrial accident insurance

Today, in the same decree of 2010, the maximum storage duration is 75 years, that is, the same as it was under the USSR, but there are no clarifications on the types of activities in the decree. Therefore, behind the scenes, all medical documentation related to investigations of NS and the development of occupational diseases is 75 years old.

For your information! A long storage period ensures the preservation of specific medical reports on injuries due to accidents, the presence of occupational diseases, etc. All kinds of lists, plans and schedules related to medical examinations can be disposed of after three years.

Procedure for accepting documents for storage and disposal

Registration and investigation

In general, the classification of accidents occurring at work is based on the number of people who are injured as a result of such a fact, that is, if there is only one victim (in any degree of severity), accordingly, he is qualified as a single person, if there are 2 or more persons (regardless of whether the victims are employees of the institution or enterprise), the case will be a group one. In turn, group cases can be divided according to severity into:

• Light, when the victims do not have significant injuries - these could be cuts, scratches, bruises, and so on;
• Severe with worse consequences, such as fractures, damage to internal organs, concussions;
• Lethal, in which the employee dies as a result of the injury.

To investigate group NS, a commission is immediately created (within a working day) that will conduct an investigation and determine why such an incident occurred, as well as who is guilty in such a situation and what is the degree of guilt of each. The commission, which must consist of an odd number of people, includes at least three members, among whom must be:

• Enterprise OT specialist;
• Representatives of the enterprise;
• Persons representing a workers' union;
• State inspector for occupational safety (group NS without his presence cannot be accepted for investigation);
• Representative of the trade union association of the administrative unit of the city, region, and so on.

Additionally, if desired, persons directly affected by the incident can also take part in the investigation, and they can perform this function personally or by providing a power of attorney to represent their interests. Even if the victim himself or a trusted person does not take part in the investigation, then at their first request the employer is obliged to provide all the materials of the case. Separately, among group NS, cases are considered in which the number of victims will be more than 15 people - in this situation, the composition of the commission will already be approved by the Government of the Russian Federation.

Insurance payments in case of accident

An employee who has suffered as a result of an accident at work has the right to receive financial resources from the Social Insurance Fund. The amount of payments depends on the type of activity of the employee.

Types of payments

The employee or his family members are entitled to receive the following payments:

1. Until a medical and social examination determines the degree of disability, the victim is paid a temporary work ability benefit, the amount of which is 100% of the employee’s earnings. In this case, work experience does not matter.
2. Monthly insurance payments, depending on the employee’s average earnings, are transferred to him, and in the event of death, to his dependents.
3. The insured is provided with special vehicles and finances necessary for their repair and purchase of fuels and lubricants.
4. The employee is entitled to an insurance payment in the amount of 60 times the minimum wage. If the victim dies, the funds are transferred to his dependents.
5. If necessary, the patient is paid for household or special medical care, even if it is provided by members of his family.
6. The insured may qualify for sanatorium-resort treatment, including payment for an extraordinary vacation and compensation for the cost of travel to the vacation spot.
7. Compensation for moral damage, especially if appearance was damaged.

Calculation algorithm

The amount of payments to a victim resulting from an accident is calculated as follows:

1. The employee’s average earnings for the last two years are divided by the number of days of this period, that is, 730.
2. The result is multiplied by the number of days of sick leave.
3. The result is compared with the restrictions adopted by law. The maximum benefit amount for 2021 is RUB 300,728. If the victim’s income exceeds this value, finances are transferred at the rate of 9892.37 rubles. in one working day.
4. When transferring benefits, personal income tax is necessarily withheld. Funds must be transferred on the day of the next advance or salary payment.
5. In the event of the death of an employee, his relatives are paid compensation in the amount of 1 million rubles.

Funds for rehabilitation are calculated and paid additionally.

Step-by-step procedure and features of the investigation

The investigation scheme for a group industrial accident in the event that more than two people were injured has a strict algorithm that managers and employers must follow.

First of all, after an incident within 24 hours, the employer is required to submit a notice to several different organizations:

• Prosecutor's office.
• Labor Inspectorate.
• FSS RF.

Also, a statement about the incident is submitted to the trade union and local authorities.

Then an order is created to form a special commission that will investigate the industrial accident.

The commission should include representatives of the employer, the prosecutor's office, as well as trade union members and representatives of local authorities.

The task of the commission is to find out the cause of the group incident, as well as to establish how much the employees who were injured and injured are to blame for the incident. In addition, the commission helps in qualifying the accident.

It can be light or severe depending on the damage and the degree of harm to health. In addition, it is important to record the presence of deaths in the incident.

After conducting an investigation and identifying the perpetrators, the commission signs an act in a certain form.

This document is sent to the employer. On its basis, payments are made to the employee or his relatives. What payments are due in case of an accident?

Depending on the degree of culpability and the severity of the consequences, those responsible who are found guilty of an industrial accident may be held administratively, criminally or financially liable.

The decision is made by a special commission, which, if necessary, will refer the case to the investigative authorities. According to the Criminal Code, punishment can reach 200 thousand fines, as well as three years in prison.

What documents are prepared?

In the event of a group industrial accident that led to an accident with a large number of victims, the following documents must be completed:

• Service memo about the incident.
• Protocol of inspection of the scene of the incident.
• Protocol for interviewing all witnesses, those directly affected, managers, and persons responsible for occupational safety in the company.
• Act on the causes and consequences of the incident.

Read more about registration of the tax assessment.

The registration of a group accident report is carried out according to form N-1.

By law, the act must contain the following information:

• Date and time of the accident.
• The number of hours that passed from the start of work to the incident.
• The name of the department and workshop where everything happened.
• The actual employer of the victim in the event of an accident on a business trip.
• The persons who were part of the commission during the investigation are listed.
• All information about the victim.
• Characteristics of briefings and safety training.
• A detailed description of the scene of the incident, including an indication of the type of machine and its characteristics.
• Description of the incident itself.
• Injuries according to medical report.
• Causes of the incident, including violation of production technology, safety precautions, improper operation of machines
• Indications of those responsible.
• Actions that need to be taken to prevent this from happening again, as well as eliminate the existing consequences.

The act is drawn up in two copies, one of which is provided to the victim or his authorized representative.

Deadlines if more than two people were injured

The timing of the investigation depends on the consequences.

If the victims received a mild degree of damage, then the commission has 3 days to investigate.

A group accident, if it led to severe injuries, mutilation, or death, is investigated within 15 days.

If the incapacity of the persons was not immediately established, or the incident was unknown earlier, the time period may be extended up to a month.

How many copies of the act are drawn up, to whom it is handed over and within what time frame?

Act N-1 (N-1PS) is drawn up in at least two copies:

• one, together with the investigation materials, is transferred to the employer (his representative) with whom at the time of the accident the victim actually had an employment relationship or in whose production activities he participated;
• the second to the victim (in case of death - to persons dependent on the deceased or close relatives) or to the authorized representative of the victim (relatives of the deceased).

All copies have equal legal force.

When do you need to draw up additional acts?

Table 1 – Additional copies of act N-1

Also, you may need copies of Act N-1 for the persons indicated below in Scheme 3.

Distinctive features

The concept of a group accident reveals the actual case, which relates to an industrial injury and in which the number of victims is 2 people or more. In such situations, one of the victims may have, for example, minor injuries, while the rest may have severe injuries. In this situation, their degree of damage is no longer separately considered - in any case, with such a number of persons who were injured, the accident will be defined as a group one, and therefore measures will be determined to notify the competent authorities, as well as to conduct investigations. First of all, if an accident occurs at work or in an organization, which will be qualified as a group accident, after providing first aid to the victims and eliminating potentially dangerous factors, it is necessary to follow the mandatory procedure for notifying authorities and government services. So, in particular, it is necessary to notify within one day from the moment of the incident:

• State Labor Inspectorate;
• Territorial branch of the prosecutor's office, which is located in the territorial district where the enterprise belongs;
• Executive authority of the Russian Federation;
• The direct employer of the persons with whom the accident occurred. Such action will be required in a situation where the injured workers did not belong to the enterprise, but were only on its territory to perform certain tasks;
• The body that oversees compulsory insurance and regulates the procedure for accruing and disbursing funds, in particular for workers' compensation.

In addition, in the event of an emergency, which is qualified as a group accident, and which resulted in the death of one or more persons, it is mandatory to inform the association of trade union organizations. In the future, when forming a commission and drawing up reports on what happened, it is necessary to take into account that the number of original reports must fully correspond to the number of victims. This is due to the fact that individual cases of injury can be dealt with separately for each individual and, in addition, the case can be initiated in court.

Actions of the employee and employer in case of accidents

When an emergency occurs, you need to act quickly and coherently, so all people involved in production must be informed about how to behave if an accident occurs.

Employer Responsibilities

If an accident occurs, the employer is obliged to take the following actions:

• organize assistance to the victim;
• eliminate the impact of traumatic factors on other employees;
• ensure the preservation or recording of the situation as it was at the time of the incident, unless this leads to emergency circumstances;
• notify those listed in Art. 228.1 of the Labor Code of the Russian Federation, bodies and organizations;
• If the victim dies or is seriously injured, notify his close relatives.

The employer must assist in the preparation of investigation materials, upon request, provide the police with all necessary materials and give correct testimony.

First aid to the victim

First aid is the simplest medical actions, usually provided not by doctors, but by workers located near the scene of the incident. During the first 30 minutes after injury, victims are recommended to perform the following manipulations:

• exclude further exposure of the victim to the hazardous factor;
• if necessary, remove the patient’s clothing that is restricting breathing and take him out into the fresh air;
• to determine the extent of damage, you need to carefully expose the injured area;
• If the victim’s condition is serious, perform artificial respiration, external cardiac massage, bandaging, stopping bleeding, etc. to save him.

Important! It is necessary to call an ambulance as soon as possible, even if the patient has regained consciousness. Until paramedics arrive, the victim’s vital functions must be maintained.

Deadlines and documents

The investigation procedure, in contrast to single accidents with mild injuries, will take 15 days - it is after this period that the formed commission will have to provide results and conclusions. During the investigation, members of the convened commission draw up documents that cover all aspects of the IC and separately represent case materials and interim orders to consider the cause of the incident:

• The order on the basis of which the commission was created;
• Characteristics of the workplace;
• Extracts from the enterprise's occupational safety magazines;
• Protocols for interviewing NS eyewitnesses;
• Expert opinions regarding the consequences and causes of NS;
• Conclusions of a medical examination of the victim, as well as determination of the presence of alcohol or drugs in the blood;
• Copies of documents on the provision of protective clothing to the victim, and so on.

As a result of the investigation, the generated reporting documents will contain the causes of the accident and accompanying circumstances, a list of persons responsible for the incident, approval of the necessary measures as preventive actions, identification of the organization’s employees or third parties who are guilty of the incident and the main conclusion about whether the incident is subject to definition of NS.

Who should keep such documents?

So, the document on the investigation of the incident and the occurrence of an occupational disease is drawn up in an act and stored in the archives of the enterprise, the insurer and the sanitary and epidemiological inspection. Medical reports and data on employee examinations are stored in the archives of the medical institution with which the enterprise is bound by an agreement and where, in fact, the employee must undergo examination. All other materials are stored in the employer’s archive. If documents are requested by insurers, prosecutors or labor supervision and safety services, the employer provides only copies.

The main document that an employer receives upon completion of a health insurance check or the occurrence of an occupational disease is a report. It is issued in triplicate. One remains with the enterprise, the second is assigned to the employee, and the third is transferred to the sanitary and epidemiological inspection. All other materials, except medical reports, are stored in the employer’s archives for a period of 45 to 75 years. Medical reports are stored in the archives of the medical institution. When an enterprise is liquidated, the files are handed over to the archives of the sanitary and epidemiological inspection or transferred to the successor enterprise.

Why is the fact of an injury at work documented with the participation of a commission?

The commission is needed in order to completely eliminate fraud with case materials, attempts at bribery and other dishonesty. It should include experts who are in no way dependent on the management of the enterprise where the investigation is taking place, in order to eliminate pressure on them. If the process is organized correctly, then the results of the investigation are as objective as possible.

An accident investigation helps not only to find those responsible, but also to prevent similar situations in the future. This is exactly what the members of the investigation commission should be guided by.

What documents are used to document industrial accidents?

Full list of documents for recording hazardous situations:

• Act on what happened;
• Order on the creation of a commission listing its composition;
• Eyewitness survey data;
• Explanatory note from the victim (if he is able to write or dictate);
• Video recording data and photographs, if available;
• Medical documents about the victims' injuries;
• Final act.

Important! Documents that help identify the perpetrators and determine the types of violations are separately indicated.

If a person disappeared

For such cases, the same H-4 form is provided. A sample document should be kept in the HR department. If an employee has disappeared from the scene and nothing is known about where he is, you need to describe the place of his disappearance and the alleged events that occurred. In the labor protection department, such cases are recorded on the same basis as fatal ones.

Injury

Consequences of an accident and employer's liability

The consequences for the employer depend on the severity of the injury suffered by the employee. Those responsible for the incident will face disciplinary action. Subsequently, the commission evaluates the extent of violations and their consequences. Officials and the employer may be subject to both administrative and criminal liability. The most severe punishment is imprisonment.

Legislation regulates all types of accidents occurring at work. Each incident must be recorded and investigated by a formed commission. Covering up the tragedy is a crime. If the employer's guilt is proven, he will be held accountable.

Disagreement with the results of the investigation

Even with full compliance with the procedure for registering accidents at work, provided for by current legislation, the emergence of controversial situations cannot be ruled out. One of the parties may not agree with the results of the investigation. In this case, you should rely on paragraph 231 of the labor legislation. This applies to the option when the employer does not agree with the conclusion recorded in the act, as well as the procedure for the investigation or the preparation of the case materials. The victim or the victim’s relatives have the right to disagree with the results if the situation resulted in death.

An appeal is carried out by submitting an application to the territorial division of the authority that is authorized to monitor the implementation of labor law. If the decision of this authority also does not suit one of the parties, then the person who disagrees has the right to seek protection of his interests in court.