Form 8. Report on the consequences of an industrial accident

Responsibilities of the employer

An accident is an event as a result of which the employee received:

• injuries;
• burn or frostbite;
• electric shock;
• as well as injuries resulting from accidents, natural disasters and other factors.

A particularly serious consequence is the death of an employee, including as a result of drowning or suffocation.

According to Art. 228.1 of the Labor Code of the Russian Federation, the employer is obliged to inform the organizations that will take part in the investigation of the incident about the incident. For this purpose, an accident notification is used, Form 1 of which is legally established.

The notice states:

• employer's name;
• legal address and location of the organization;
• FULL NAME. employer;
• date and time of the incident, description of the work performed by the employee and the circumstances;
• number of injured/dead employees;
• FULL NAME. and the profession of the victim (in a group case, data is indicated about each victim);
• the nature of the injuries received (in a group case, data is indicated for each victim);
• FULL NAME. and the position of the person who transmitted the notice, the time and date of transmission;
• FULL NAME. and the position of the person receiving the notice, time and date of receipt;

After receiving the notification, the investigative authorities begin to investigate the accident.

Notification procedure

The first thing you need for notification is a form. Its standard is set by Form-1, which applies to both individual and group cases. Detailed information, as well as all the nuances of the notification procedure are located in Art. 228 - and further - Labor Code of the Russian Federation.

The second is information about where the notification should be sent and within what time frame it needs to be done. Let's summarize the information on the notification procedure in table No. 1

As can be seen from Table No. 1, the general body for each case is the FSS. Its activities include the obligation to pay compensation to employees in situations where they fall under an insured event.

Notification form

The Ministry of Labor published Order No. 743, which establishes a special form for notification in case of accidents - Form-1. This document is the main one and is intended to be sent to the Social Insurance Fund and the state inspection. Information that needs to be included includes:

1. full name of the organization or all information about the individual entrepreneur;
2. the legal address of the company, as well as the location of the building in which the accident occurred;
3. a description of the circumstances under which the damage occurred, indicating the date and time;
4. information about affected employees;
5. number of people injured;
6. information about the person responsible for ensuring the safety of employees;
7. information about the management of the company.

The form is universal and is used in every situation, regardless of the number of affected persons. The responsible person in the Social Insurance Fund, after receiving the notification, is required to put his signature on the document.

Example of filling out a form

Let's look at a sample of filling out the form, which will allow you to better navigate the document in practice.

1. First of all, the company’s contact information is indicated: address, zip code and telephone number.

1. Then you need to enter the dates, and the detailed time of the incident - enter minutes and seconds. The same area should indicate the employee's activities and the location where the emergency occurred.

1. Then we need information about the number of deaths. If there are none, we indicate that there are no dead.

1. Detailed information about each employee affected by the accident: full name, position and qualifications, age, etc.

1. Briefly describe honey. report on the injuries of each employee.

1. Indicate the information of the responsible person who filled out the notification, as well as the date and time of compilation.

Then the notice must be sent, and the fact of its receipt by the FSS must be recorded.

And

Employer's liability

Injury at work falls under the category of insured events. The consequences of injury are compensated to the employee in accordance with the provisions of the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” dated July 24, 1998 N 125-FZ. Therefore, the employer is responsible for concealing an insured event. According to Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, this threatens with a fine in the amount of:

• for citizens - from 300 to 500 rubles;
• for employees - from 500 to 1,000 rubles;
• for organizations - from 5,000 to 10,000 rubles.

If, as a result of the investigation of the event, it is proven that the employer violated labor legislation and did not comply with labor protection requirements, the amount of the fine will be, according to Art. 5.27 Code of Administrative Offenses of the Russian Federation:

• for officials - 1000 - 5000 rubles;
• for entrepreneurs - from 1000 to 5000 rubles. or suspension of the company for up to 90 days;
• for legal entities - from 30,000 to 50,000 rubles. or closure of the organization for up to 90 days.

If the event occurred as a result of a violation of safety regulations and resulted in serious injury to the employee, the perpetrator will be fined. The fine can be up to 200,000 rubles. In some cases, the punishment is imprisonment for up to one year.

If the death of an employee occurs as a result of a safety violation, the person found guilty may be punished with imprisonment for up to three years, according to Art. 143 of the Criminal Code of the Russian Federation.

If it turns out that the employee is also guilty of being injured (i.e., did not follow safety precautions), the commission will determine the degree of guilt as a percentage.

PROCEDURE FOR NOTIFICATION OF SEVERE, GROUP AND FATAL ACCIDENTS

If a group, serious or fatal accident occurs, then within 24 hours the employer is obliged to send a notice to:

• to the Rostrudinspektsiya;
• to the prosecutor's office at the scene of the accident;
• administration of the subject of the Russian Federation and (or) city at the place of registration of the legal entity;
• territorial association of trade union organizations;
• a federal executive body exercising state supervision in the established field of activity, if the accident occurred in an organization or facility controlled by this body;
• the company that sent the employee;
• Rospotrebnadzor (in cases of acute poisoning of workers).

The form of notification of a group accident (serious accident, fatal accident (hereinafter referred to as Form 1, see below for an example of filling)[3] must contain the following information:

• name of company;
• description of its activities, address;
• description of the incident;
• number of injured and/or killed;
• information about the victims: position, full name, number of years;
• the nature and severity of health damage;
• the name of the person transmitting the notice, time and date of transmission.

[1] Form No. 315/u “Medical report on the nature of health injuries received as a result of an industrial accident and the degree of their severity” was approved by Order of the Ministry of Health and Social Development of Russia dated April 15, 2005 No. 275 “On the forms of documents required for the investigation of industrial accidents” (hereinafter referred to as Order No. 275).

[2] Order of the Federal Insurance Service of the Russian Federation dated August 24, 2000 No. 157 “On the creation in the Social Insurance Fund of the Russian Federation of a unified system for recording insured events, their analysis and determination of the amount of discounts and allowances to insurance rates, taking into account the state of labor protection.”

[3] Approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73 (as amended on November 14, 2016) “On approval of the forms of documents required for the investigation and recording of industrial accidents, and provisions on the features of the investigation of industrial accidents in certain industries and organizations" (hereinafter referred to as Resolution No. 73).

Why competent and timely notifications are so important

After an accident, you must immediately write an appeal to certain structures using the appropriate template. If this is not done, the management will be held accountable, many fines will be issued, and this will negatively affect the reputation of the enterprise.

If you report the incident in time, an ambulance will immediately arrive at the scene, which will help prevent complications. To clarify all the circumstances, an appropriate group of people of various specializations, including specialists in the field of medicine, is convened.

Once all the circumstances are clarified, the commission conducts an interrogation of the authorities and the injured employees, simultaneously collecting photographs from the scene of the incident and other evidence. A team of specialists takes stock, deciding what caused the injuries and whether the organization can continue to function. If an organization is not satisfied with the results of the examination, it can go to court.

The judge will look at when the employer reported the incident and whether that timeframe complied with the rules. That is why it is important to promptly notify the relevant government authorities about an incident at the workplace.

Drawing up a notice

The form of notification of an industrial accident is established by Resolution of the Ministry of Labor of October 24, 2002 No. 73. The form will require information about the employer and employee, the circumstances and consequences of the incident.

Let's look at the structure of the notice in more detail.

1. Paragraph 1 indicates basic information about the employer: address, contact information, information about activities in the form of a code according to OKVED.
2. Paragraph 2 contains information about the incident: it describes the place where the injury or other accident occurred, and provides information about the work that the victim (the victims were performing) at the time of the incident. The date and the most accurate local time and circumstances of the incident are indicated.
3. The third paragraph indicates the number of victims and deaths. If no one died, a note is also made about this.
4. Paragraph 4 provides information about the workers who were injured: last name, first name, patronymic (initials), position, profession, qualifications, age for each victim.
5. Paragraph 5 indicates the nature and severity of damage to health that occurred as a result of the accident (also for each of the victims separately).
6. Clause 6 indicates the details of the person who compiled and sent the notice, the date and time the notice was sent.
7. Clause 7 indicates the details of the person who accepted the notice.

Notice deadlines

The written message must be sent no later than 1 day from the date of the incident. The employer has the choice of delivery method:

• by mail;
• by fax;
• through one of the employees.

The main thing is to get confirmation that the letter was sent. A separate notification must be given to each of the authorities. It is better to prepare 2 copies at once. One of them is submitted to the authority, the second remains in the hands of the applicant. If controversial situations arise, such evidence will help you defend your case in court.

Consequences for failure to report an accident

It is also important that the message states the time of the incident as accurately as possible. It is from this moment that the notification period for authorized authorities will begin.

If the accident that occurred after some time led to serious consequences for the victim’s health or even death, all authorities must be notified no later than 3 days. In this case, a new letter is drawn up, which describes all the changes that have occurred. For this, use the H-1 form given in Art. 228.1 TK.

When and who to notify

Russian legislation defines in detail the term “industrial accident”.

Also, an accident in an organization occurs after an accident, a hurricane, or as a result of workers’ failure to comply with safety regulations at the enterprise.

These traumatic cases at work are distinguished by several degrees of severity: from minor injuries, after which the employee does not take out a certificate of incapacity for work, to severe injuries up to the death of the worker. In this case, there may be one or more injured or dead persons.

Also see “Occupational safety during the operation of electrical installations: order of the Ministry of Labor”.

By law, the director of an enterprise must notify government agencies of all such incidents. However, the list of departments and deadlines for submitting notifications vary significantly.

The specified notification of an industrial accident is sent to the government agency in accordance with the procedure established in Art. 228.1 Labor Code of the Russian Federation.

If an accident occurs that results in the death of an employee, the head of the enterprise notifies the following government agencies:

• FSS RF;
• local labor inspectorate;
• the prosecutor's office;
• police;
• the administration of the region of the Russian Federation at the place of state registration of the employer;
• regional trade union organization;
• Rospotrebnadzor/Rostechnadzor, etc.

As a result, the director of the company first notifies the Social Insurance Fund (a different form is used), since an accident at the enterprise is an insured incident. In this situation, the employer follows the procedure for notifying an industrial accident, and the fund pays compensation to the injured employees and/or their relatives.

Also see “How to calculate and pay sick leave for a work injury.”

First, the employer fills out a notification form about an accident at the enterprise.

What happens after an event is declared an accident?

When an accident is officially recognized at work, the employee is compensated for lost income, as well as all additional expenses associated with the loss of health that are necessary for the rehabilitation of the patient in all areas of life. The volume of assistance and the conditions for its provision are specified in Federal Law No. 125.

An injured employee is legally entitled to receive temporary disability benefits in the amount of 100% of average earnings. Deductions for such benefits are made by the employer in accordance with clause 1 of Art. 15 Federal Law No. 125; Part 1 Art. 13 Federal Law. Since such a payment is assigned only after an incident has occurred at the enterprise, its fact must be documented.

Form

Within the framework of the Social Insurance Fund, there is a unified system for recording insured events at work. It means:

• their study;
• establishing the amount of discounts and surcharges on insurance rates, taking into account the state of labor protection.

In connection with this order of the FSS of Russia dated August 24, 2000 No. 157, a form for notifying the FSS of an accident was approved (Appendix 1). By the way, the form of this document also includes a notification of an occupational disease that has suddenly become apparent.

If an accident occurs at work, it must be reported to the authorized government agencies. The Russian Ministry of Labor has approved the procedure for the head of the organization in such a situation and the form of notification - notification of an industrial accident (form).

If an employee is injured during work, the director must send a notice of this to government agencies that monitor the implementation of labor legislation by enterprises (Article 228.1 of the Labor Code of the Russian Federation). The list of such authorities, as well as the timing of their notification, depend on the severity of the accident.

Below we consider in detail the algorithm of actions of the head of the enterprise, as well as the procedure for notifying accidents.

Russian legislation explains in detail the concept of “work accident”. When an accident occurs at an enterprise, a worker receives the following injuries, which are sometimes incompatible with life:

• any injury to the body;
• frostbite of hands, feet and other parts of the body;
• burn;
• electric shocks;
• drowning;
• falling from a high-rise building or structure;
• poisoning by gas or other chemicals.

An accident in an organization can occur after an accident, a hurricane, or after the workers themselves fail to comply with safety regulations. Occupational injuries are divided into several degrees of severity: from minor injuries, after which the employee does not take out a certificate of incapacity for work, to severe injuries - up to the death of the worker.

By law, the director of the organization must notify government agencies of all such incidents. However, the list of departments and the deadlines for submitting notifications vary significantly. In general, notification of an industrial accident is sent to the government agency in accordance with the procedure established in Article 228.1 of the Labor Code of the Russian Federation.

If an accident occurs that results in the death of an employee, the head of the enterprise notifies:

• FSS RF;
• State Labor Inspectorate;
• the prosecutor's office;
• police;
• the administration of the region of the Russian Federation at the place of state registration of the employer;
• regional trade union organization;
• executive body of the insurance company;
• Rospotrebnadzor;
• Rostekhnadzor.

First of all, the head of the organization notifies the Social Insurance Fund, since an accident at an enterprise is an insured incident. In this situation, the employer follows the procedure for notifying an industrial accident, and the insurance company pays compensation to the injured employees or their relatives.

The procedure begins with the employer filling out a notification form about an accident at the enterprise.

After an incident occurs at the enterprise, the manager must send a notification to the Social Insurance Fund. The form of notification of an industrial accident (Form No. 1) is established in Resolution of the Ministry of Labor of the Russian Federation dated October 24, 2002 No. 73.

After an accident occurs, the head of the enterprise sends this form to the regional office of the Social Insurance Fund and to the labor inspectorate. The form contains the following information:

• name of the enterprise or full name of the individual entrepreneur;
• legal address and actual location of the organization where the specific incident occurred;
• brief information about the incident: date, time, etc.;
• The name of the injured worker or several employees;
• the position of the victim and his work specialization at the time of the incident;
• number of injured persons;
• Full name and position of the employee filling out the form.

This form is used both in case of a single accident and in case of a group accident. Such a document is completed for each situation, regardless of the number of injured workers.

Every employer should know how to correctly fill out an accident notification form.

You need to start by filling out the name and details of the company. In this case, the employer indicates the address (with zip code) and telephone number.

Then, in the notification you need to put the date and time of the accident, when it occurred - in minutes. You also need to enter the type of work activity of injured workers according to OKVED. In this section, the employer indicates the exact location of the accident.

The employer specifies the number of injured workers as well as the number of injured workers. If none of the workers died after the accident, then the director also notifies about this.

Next, you should enter full information about the injured employees: full name, job title, working conditions, qualifications, age, personnel number, notice of occupational disease. This must be done for each worker separately.

Then the types of injuries suffered by workers are indicated. Separately for each worker.

When filling out the notification, indicate the surname and initials of the employee who filled it out, as well as the time and date the document was issued.

At the end of the form there is a line to be filled out by the employee who received the notification from the FSS. Transfer of notification of an accident to the FSS of the Russian Federation can be done in one of the following ways:

• in person or via courier;
• by telegraph;
• by telephone message (in this case, the employer records the fact of transmission of the notice and indicates the time in this document).

The employer may send the notice by mail if it is timely delivered to the Social Insurance Fund. When sending a notice by telephone, the employer simultaneously sends it by mail on a special form.

If the employer did not notify the territorial body of the Federal Social Insurance Fund of the Russian Federation about the incident that occurred with the worker, then he may be brought to administrative responsibility. The amount of the fine will be (Article 15.34 of the Code of Administrative Offenses of the Russian Federation):

• for legal entities - 5,000–10,000 rubles;
• for officials - 500–1,000 rubles;
• for citizens - 300–500 rubles.

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If an accident occurs at the enterprise, you must inform the regulatory authorities. Legislation establishes the order in which managers act.

Industrial accidents are incidents that result in:

• injuries;
• frostbite or burns;
• electric shock;
• physical damage.

The death of an employee is the most serious consequence, for example, due to drowning or suffocation.

After an incident, it is possible to identify either one injured person or several at once. You should not determine the severity of injuries solely on your own. In this case, one must rely on Order of the Ministry of Health and Social Development of Russia No. 160 of 2005.

There are many organizations that need to be informed. For example, within 24 hours after an incident, notifications are sent to:

1. Territorial administration of the relevant executive authority. The document is sent to the unit that controls the organization.
2. Territorial division of the trade union.
3. The prosecutor's office.
4. Police.
5. Administration of a constituent entity of the Russian Federation or local government body.
6. State Labor Inspectorate.
7. FSS of Russia.

The same authorities may be notified again if the injury or its consequences have become particularly complex and serious.

At the same time, the territorial bodies of the Social Insurance Fund receive notifications about literally everything that happens during accidents or after them, since they relate to the compulsory insurance system. After this, payments are sent to the victims and their relatives.

The question of whether the document is mandatory disappears - it is always drawn up when appropriate grounds arise.

The main thing is that the document contains all the information that will allow one to draw conclusions regarding the incident, its causes and consequences. It is necessary to make sure that the document was actually drawn up on time. This allows you to avoid litigation and other unpleasant consequences.

Shape and sample

The form in the approved form must contain the following information:

1. Company name or full name of individual entrepreneur.
2. Legal address of the unit where the emergency occurred. The location where the business is actually located.
3. A brief description of the circumstances, including the date and time.
4. Full name of the injured party.
5. Description of the position and work performed of the person who was the victim of the incident.
6. Indication of the total number of victims.
7. Details of the authorized person responsible for filling out the papers.

An employee of the FSS of Russia signs the document.

Sample accident report forms are presented below.

Duties of the parties

Employees provide all the data necessary to correctly fill out the document. But the manager has the most responsibilities.

1. Provides first aid to victims, if necessary, calls medical personnel or organizes access to a medical facility.
2. Neutralizes the impact of existing negative factors.
3. The workplace remains unchanged. You can record the location of the accident using other available methods.
4. Timely actions to investigate and prepare appropriate documentation are important.

The manager faces severe penalties if he is found to have withheld information.

The amounts of fines are prescribed at the legislative level:

• 5000-10,000 rubles for an enterprise;
• 500-1000 rubles for an employee;
• 300-500 rubles when working with other citizens.

Violation of laws leads to increased fines. For example, such actions cost an enterprise 30,000-50,000 rubles. The fine reaches up to 200,000 if it is proven that the cause of the accident was non-compliance with safety regulations.

Duties of the parties

What should be considered an accident?

Russian legislation stipulates that all employers are required to insure their employees in the event of occupational injuries. By accident at work we mean situations as a result of which a person receives injury of any severity directly at the place of work, or outside the work area, but in the course of performing work tasks. This provision is established in Federal Law No. 125 and Resolution of the Ministry of Labor No. 73.

What actions need to be taken

NS at work recognize:

• body injuries;
• frostbite or burns of any part of the body;
• electric shocks;
• drowning;
• falling from a height;
• poisoning by gases or other chemicals.

Emergency situations can occur as a result of accidents, natural disasters, or non-compliance with safety regulations by the team.

Attention! Work injuries are classified according to the severity of the injuries received. For minor injuries, you do not need to take out a certificate of incapacity for work; it is issued for severe ones.