Notification of an accident at work: form, sample, where to send

What is considered an accident?

Occupational accidents include incidents in which an employee received:

physical damage;
electric shock;
frostbite or burn;
injuries due to accidents, natural disasters and other factors.

The most serious consequence is the death of the employee, in particular as a result of suffocation or drowning. According to the requirements of Art. 228.1 of the Labor Code of the Russian Federation, the head of the enterprise is obliged to report the incident to the supervisory authorities.

Notification procedure: to whom and when to send

First, you need to understand what exactly the legislator means by an accident at work. Usually this is the occurrence of a situation as a result of which a person received:

any physical damage;
frostbite of any parts of the body;
burns;
electric shock;
drowning;
falling from height;
poisoning by gas or other chemicals.

Such situations can arise as a result of accidents, natural disasters, and, worst of all, careless actions of the victims themselves or violations of safety regulations. Such injuries can vary in severity: from minor injuries, after which the employee does not even need to take sick leave, to the most severe consequences - the death of the victim. There may be one or several injured persons. It is not necessary to determine the extent of injuries at your own discretion. The severity of the accident - mild or severe - is established only on the basis of the Appendix to the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 N 160

According to the law, it is necessary to inform government agencies about all such incidents, but the list of departments, as well as deadlines, vary significantly. For clarity, we have collected them in a table:

Notice period	Name of the authorized body	Number of people affected and consequences
Within one day	FSS of Russia	Any accident involving injury at work
	FSS of Russia State Labor Inspectorate Administration of a constituent entity of the Russian Federation and (or) administration of a local government body at the place of state registration of the employer Police Prosecutor's office Territorial organization of the trade union Territorial department of the relevant federal executive body controlling the facility or organization (Rospotrebnadzor, Rostechnadzor, etc.)	Group accident at work (two people injured) without death
	FSS of Russia State Labor Inspectorate Administration of a constituent entity of the Russian Federation and (or) administration of a local government body at the place of state registration of the employer Police Prosecutor's office Territorial organization of the trade union Territorial department of the relevant federal executive body controlling the facility or organization (Rospotrebnadzor, Rostechnadzor, etc.)	Traumatic situation involving one or more workers resulting in death
Within three days	FSS of Russia State Labor Inspectorate Administration of a constituent entity of the Russian Federation and (or) administration of a local government body at the place of state registration of the employer Police Read also: How to seal a labor record book. Step-by-step instructions for sealing Prosecutor's office Territorial organization of the trade union Territorial department of the relevant federal executive body controlling the facility or organization (Rospotrebnadzor, Rostechnadzor, etc.)	A situation that, with the passage of time, has become a serious case, or a death has occurred
Within three days	Police Prosecutor's office	Any situation in which a person is injured

From this table it is obvious that it is always necessary to notify the territorial offices of the Social Insurance Fund about everything, because an accident at work is insured and entails payments to employees or their relatives. This is exactly what the special form for notification of an industrial accident is intended for.

Which form to use

The form is approved at the legislative level and is presented in Form 1. The paper is filled out for a single and group accident. The document states:

Business name;
location and legal address;
Employer's name;
circumstances of the incident: date and time, what work the employee performed;
number of casualties or deaths;
Full name and profession of all victims;
Full name and position of the enterprise employee who transmits the document, date and time of transmission;
Full name and position of the organization employee who received the document, date and time of receipt.

Consequences of recognizing an event as an accident

Especially for such cases, the employer registers his personnel with the Social Insurance Fund and makes mandatory payments there (Parts 1, 2 of Article 227 of the Labor Code). After an insured event occurs, it is the Fund that makes the decision on the payment of compensation and benefits.

Attention! When the victims improve their health, their temporarily disabled status will be removed. The employer can only send a notification to the labor inspectorate about recovery and production measures, thanks to which the risk of recurrence of NS will be prevented.

So, the form of the letter was fixed in Resolution of the Ministry of Labor No. 73 (a sample is given in Form 1). It is suitable both for injuries of one employee and for a group of victims. All notices are prepared by authorized persons, usually employees responsible for labor protection at the enterprise.

*Fine amounts are current as of August 2021.

Procedure for reporting an accident at work

The procedure for the employer to notify government agencies and other structures in the event of an accident in the organization is prescribed in Art. 228.1 Labor Code of the Russian Federation. The timing for submitting notifications to various authorities depends on the number of victims and the severity of the consequences.

Deadlines for filing notice	Instance	Number of victims, consequences
Within 1 day	Prosecutor's office Police Territorial association of trade unions	2 or more employees were injured (except for death)
	Police Prosecutor's office Read also: What are the sanitary standards in the workplace in connection with coronavirus? Territorial association of trade unions Relatives Rospotrebnadzor	Serious injuries with fatal outcome
	Police Prosecutor's office Territorial body of the FSS	Acute poisoning
Within 3 days	Police Prosecutor's office	Any accident at work

REQUEST TO A MEDICAL INSTITUTION

An opinion on the severity of health damage in industrial accidents according to form No. 315/u[1] is given by doctors.

The employer must immediately send a corresponding request to the medical institution where the employee was admitted. We make the request in two copies. One copy remains in the medical institution; on the second copy, it is important to put a mark from the medical institution on receipt of the request (date and time) and keep the copy for yourself.

The medical institution is obliged to submit a conclusion immediately.

For your information

In your request, it is advisable to make a reference to subparagraph. 7 paragraph 4 art. 13 of the Federal Law of November 21, 2011 No. 323-FZ (as amended on May 29, 2019) “On the fundamentals of protecting the health of citizens in the Russian Federation.” This norm stipulates that the presentation of information constituting medical confidentiality without the consent of a citizen is permitted, including for the purposes of investigating accidents.

It is also necessary to request information about the possible presence of the victim at the time of the accident in a state of alcohol, drug or toxic intoxication.

This information will be needed when qualifying an accident as production-related or unrelated, as well as to establish gross negligence and determine the degree of guilt of the victim.

For your information

If a medical institution delays issuing a conclusion in form No. 315/u (and this almost always happens), to determine the degree of severity, you can use Order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 No. 160 “On determining the degree of severity of health damage in industrial accidents” or talk to the attending physician and ask for an oral opinion. This will allow you to correctly navigate and identify the authorities that need to be reported about the accident.

How to fill out an accident notice

The notice contains seven points. Let us examine in detail how each section is filled out.

Step 1. Indicate the name of the enterprise, type of activity, legal address, telephone number.

Step 2. Give the circumstances, date and time of the incident and the place where the incident occurred.

Step 3. Enter the number of victims.

Step 4. Enter the name, position and age of each victim.

Step 5: Report physical injuries that employees suffered as a result of the incident.

Step 6. Enter information about your full name. and the position of the person who transferred the document to the government agency, as well as the date and time of transfer of the paper. Paragraph 7 contains the same information, only about the person who accepted the document.

This is what a completed sample notification of a group accident in Form 1 looks like.

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.

Employer's liability for evading notification

Work-related injuries fall under insured events. The consequences of injuries, according to the law, are compensated to the employee of the enterprise (Federal Law No. 125 of July 24, 1998). Therefore, if the head of an enterprise conceals information that an insured event has occurred, he is liable. In Art. 15.34 of the Code of Administrative Offenses of the Russian Federation specifies the amount of fines:

300–500 rubles for citizens;
500–1000 rubles for employees;
5,000–10,000 rubles for enterprises.

If during the investigation of the incident it turns out that the management of the organization violated laws and did not comply with labor protection requirements, the amount of the penalty will be (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

1000–5000 rubles for officials;
1000–5000 rubles and suspension of the enterprise for a period of up to 90 days rubles for entrepreneurs;
30,000–50,000 rubles and closure of the organization for a period of up to 90 days for legal entities.

If the cause of the event is determined to be a violation of safety regulations, which resulted in serious injury to an employee, the culprit will be fined. The fine reaches 200,000 rubles. In some cases, the offender is sentenced to imprisonment for up to 1 year.

If a safety violation results in the death of an employee, the perpetrator faces imprisonment for up to three years (Article 143 of the Criminal Code of the Russian Federation).

If during the investigation it is discovered that the employee who was injured is also to blame for the incident, the commission will determine the degree of his guilt as a percentage. It cannot exceed 25% (Article 14 of Federal Law No. 125), which means that at least 75% of the blame lies with the employer. In any case, the employee will be paid monetary compensation, but in a smaller amount, in proportion to the degree of guilt.

You can send notifications in the following ways:

The manager may personally appear before the relevant authority,
Send the document by courier,
Sends a telegram
Notifies by fax
Other means of communication.

All of them are legal, and the manager can choose the most convenient method for him.

It is recommended to record the fact that the notice was sent. In the event of litigation, this will eliminate accusations against the employer that he did not report the accident or did so late.

You can register the direction of the notification in the following ways:

enter information in the notification form;
register the fact of transmission and reception of information in a special journal (for example, in the log of telephone messages or in the log of telephone messages and fax messages).