What accidents qualify as non-production related?

Concept and classification

An accident is defined as the infliction of bodily injury, not intentionally or intentionally, on the employees of a business. Whatever case of this nature occurs, it is necessary to conduct an investigation so that the employee does not receive complaints and does not have claims against management.

Sometimes employees themselves are to blame for what happened, since they were injured due to personal negligence; in rare cases, it is the manager who directed them to carry out production tasks and did not instruct them about the presence of possible dangers. Under any circumstances, the main blame lies with the leader.

Accidents are divided into those that occurred:

• when performing a production task;
• when the circumstance was not related to production.

Examples of non-work related accidents:

1. If an employee has passed away due to a disease acquired during his life.
2. If an employee committed suicide at work and this was confirmed by law enforcement officials.
3. Violation of health, if the employee came to work drunk, it is imperative to take into account that intoxication is not associated with the release of toxic or dangerous substances.
4. Receiving an injury if the employee’s actions were not related to unreasonable performance of work on the territory of another enterprise.

How to classify cases:

1. Analyze what happened, that is, describe all the circumstances of what happened.
2. Where did the incident occur? Describes the workplace where the incident occurred. For example, the way from or to work, when performing a task on a business trip.
3. Time of occurrence.

On recognition of an accident as not related to production

So, an accident occurred and it must be classified into the appropriate category, that is, it is a work-related injury or a non-work-related injury. During a break, an employee left the workshop and entered the forest, after which he accidentally fell and dislocated his knee joint.

For information on the procedure for registering an accident at work, watch this video:

Next steps for the employee:

• he went to the first aid station and informed the foreman;
• the foreman needs to report the incident to the head of the department;
• an enterprise commission is now being created to assess which category a given case should fall into;
• the injured employee writes an explanatory note stating that he went into the forest of his own free will and no one gave him such an order;
• An assessment is made by commission, and the case is classified as not related to production.

There are many examples of injuries not related to work-related tasks. Here are some of them.

1. When the incident happened on the way to work or, on the contrary, home. Moreover, it is taken into account that the employee traveled by personal transport. If the employer’s transport was used, then the investigation into the accident will be built according to a different algorithm. The investigation may be difficult if the employee is involved in a traffic accident. The following can also happen: an employee stepped on his foot incorrectly when exiting the employer’s vehicle, which resulted in a dislocation.
2. The worker decided to go into the store after work and slipped on a step; she received two cracks in the bones of her legs.
3. After another inspection at the enterprise at the end of the work shift, the head of the energy complex was sent to the inspector to show the documents requested by the latter. On the way, the employee was injured.
4. If an employee decides to commit suicide at work, then this circumstance also cannot be attributed to production-related.
5. The employee went to close the laboratory premises and on the way fell and died due to a general illness.

What liability does an employer face for an accident with an employee?

An accident at work may become a reason for an unscheduled inspection of the organization by the labor inspectorate. In this regard, some employers prefer to hide accidents at work or deliberately document them as not related to production. This threatens the employer with punishment.

Table 1. Employer's liability for an accident with an employee

How does accident classification affect employee benefits?

First of all, the classification of an employee’s accident affects the benefits he is entitled to.

Table 2. Payments to an employee in case of an accident

Investigation of an accident classified as minor

So, the incident that occurred was classified as not related to production, but nevertheless it occurred on the territory of the enterprise. In this regard, an investigation needs to be carried out.

Investigation of an accident classified as minor

The investigation is carried out according to the following algorithm:

1. Initially, it is necessary to send the victim to the clinic so that a specialist can issue an opinion on the severity of the injury. For example, the injury is classified as minor. A conclusion is written out and handed to the employee.
2. Next, the injured employee submits the doctor’s report to his immediate supervisor.
3. After receiving the document from the specialist, an investigation into the circumstances of the accident begins.

It also happens that the victim of an incident dies on the territory of the enterprise. The investigation in this case is carried out in a different sequence.

The accident investigation is carried out in the following order.

Report of an accident at work: form and sample for filling out 2021

The circumstances of an accident that occurred in a company and led to injury or death of its employees are necessarily investigated by a specially created commission.

Based on the results of studying all the materials and facts, she needs to draw up an act signed by all participants in the investigation and approved by the head of the company.

The sequence of drawing up the report and the information it contains depend on the category of the accident, the number of victims and the degree of damage caused to life and health.

What must the organization do in the event of an accident?

Accidents include events that occur in companies due to various reasons, resulting in an employee being injured or killed. If such a fact is discovered, the hiring company is obliged to:

• If possible, alleviate the condition of the injured person and, if necessary, take him to a medical facility;
• Implement measures to prevent emergency and dangerous situations;
• Ensure that the condition of the scene of the incident remains unchanged, and if this is not possible, record it by any available means;
• Report the situation to regulatory authorities;
• Conduct an investigation into all the circumstances of the event.

A commission specially created by the employer is studying the nature of the incident, the causes of its occurrence, as well as identifying the perpetrators. It is headed by the head of the company or an employee authorized by him.

Time frames and procedure for investigating an accident

The accident investigation commission and the list of its participants are approved by the employer’s administrative document. The study of all the circumstances of the incident must occur within a strictly established time frame. They depend on the severity of the injuries received by the victim (Article 229.1 of the Labor Code of the Russian Federation):

• For minor health damage – up to 3 days;
• In case of serious consequences for an individual employee or several victims, as well as in case of death - up to 15 days;
• If the injury was not reported to the victim in a timely manner, and the loss of ability to work occurred some time after the adverse event - 1 month.

These periods are determined in calendar days from the date of issuance of the order to conduct the investigation. The law does not establish a statute of limitations for such events, and the victim can claim that he or she suffered a work-related injury at any time from the moment of the incident.

In the course of its activities, the commission must:

• Interview witnesses;
• Inspect the place where the incident occurred;
• If necessary, involve experts to study all the circumstances of the incident;
• Collect documents, security and safety information at the site where the accident occurred.

She is allowed to carry out other actions that ensure high-quality and thorough performance of the duties assigned to the commission.

The results of the investigation and the procedure for their registration

After carrying out all the procedures, the commission members must come to certain conclusions regarding the factors causing the incident and the persons responsible for the accident. Determine whether the injury received by the employee is industrial or domestic in nature, and what is the degree of guilt of the victim in the incident.

Based on the collected data, an accident investigation report is formed. The choice of its form depends on the degree of damage and the professional affiliation of the victims:

• An N-1 form report is drawn up for each person injured at work as a result of an industrial accident. Formed in 3 copies: for the employee, for the employer and in the Social Insurance Fund;
• An industrial accident report (Form N-1PS) is drawn up only for athletes who are injured during training or competition, also for the athlete, his employer and the Social Insurance Fund;
• The Group Accident Investigation Report (Form 4) is used to reflect the results of an investigation into damage to the health of a group of employees, including fatalities. It is formed together with acts of form N-1 in 2 copies, for the employer and for the prosecutor’s office. You can download a sample act from this link.

Rules for drawing up reports based on the results of the investigation

The act indicates the conclusions of the commission based on the results of the procedures carried out by it. It must include certain information (Part 4 of Article 230 of the Labor Code of the Russian Federation):

• Description of the causes and conditions for the occurrence of an adverse event;
• List of persons who committed violations of safe work rules, whose actions led to the incident;
• The degree of guilt of the affected persons, expressed as a percentage.

Report on an industrial accident in form N-1

The main details of the act in form N-1 include:

• The period when the incident occurred;
• Information about the organization where the injury occurred;
• List of members of the commission that conducted the investigation;
• Information about the victim;
• Description of the place and circumstances of the incident, the fact that the victim was intoxicated with alcohol or drugs at the time of the incident;
• List of witnesses to the incident;
• Indication of those responsible for the adverse event;
• Conclusions from the investigation.

Download a completed form of a report on an industrial accident Download a blank form of a report on an industrial accident

Other forms of acts have an almost similar list of details. The described forms contain signatures of all members of the commission involved in the investigation of the circumstances of the case. The acts are approved by the head of the company and certified with a seal.

What act to form for a non-work injury?

If the commission, as a result of the investigation, determines that the accident that led to the injury is of a non-production nature, it must also draw up a report (Part 8 of Article 230 of the Labor Code of the Russian Federation). Its form is not established by law, since the Resolution of the Ministry of Labor of Russia of October 24, 2002 N 73 does not contain a form for such purposes.

In such circumstances, the following approaches are possible:

• Formation of an act in a free format, by adding new and using existing details in forms N-1 and 4;
• The act form in Form 4 is used.

The document is drawn up in 2 copies for the employee and the enterprise, all members of the commission sign it, and it is also endorsed by the head of the company.

What questions are recommended to ask the victim during the investigation?

Investigating the circumstances of the incident, whether it is classified as an industrial injury or not, is not an easy task. But you still need to talk to the victim.

Of course, a person has no time for questions at this time, but there is no escape, these are the requirements. It is important to pose the question in such a way as to find a clue as to why this happened and, probably, during the questioning process, he will admit that he himself is to blame for his sluggishness.

For example, an employee pinched his finger while closing the gate. How did this happen? It turns out that he hoped for chance and thought that the metal strip would not catch him. This must be indicated in the explanatory note.

In most cases, workers themselves are to blame for their injuries, and a greater percentage of accidents occur among young and inexperienced people, or among those who have worked in the same place for a long time and have lost a sense of fear for their own health. This applies to both work-related and non-work related injuries.

All employees are advised to be attentive and careful, and it is wrong to assume that if something happens to him, he will win and receive a large sum and there will be no worries on his part.

If the case was severe

It also happens that a fatal accident occurs on the territory of an enterprise, but it does not relate to production. Features of the accident investigation:

• the time frame for conducting an investigation is increased to 15 days;
• a representative of the state labor inspectorate is included in the commission;
• A report from a forensic expert is required.

Investigation of an accident classified as serious

An investigation is carried out using the same algorithm as for the lung. That is:

• an order on the composition of the commission is being prepared;
• inspection of the scene of the incident, photography or video recording is required;
• eyewitnesses or those who first noticed are interviewed;
• a set of documents on certification, briefings, copies or personal cards is prepared;
• after the commission, a decision is made on how to correctly formulate this circumstance in the act;
• the document is agreed upon by the commission members and approved by the chairman.

Further, the act is transferred to the relatives of the deceased employee, to the Social Insurance Fund and remains at the enterprise, that is, initially executed in triplicate.

WHAT ARE THE RESPONSIBILITIES OF AN EMPLOYER IN CONNECTION WITH AN ACCIDENT AT WORK?

If an accident occurs in an organization, the employer is obliged to implement a number of measures provided for in Art. 228 Labor Code of the Russian Federation.

Responsibility 1. Immediately organize first aid for the victim, and, if necessary, deliver him to a medical organization using the employer’s vehicle or at his expense (Article 223 of the Labor Code of the Russian Federation).

Responsibility 2. Take immediate measures to prevent exposure of other people to traumatic factors.

Responsibility 3. Preserve the situation at the time of the incident, if there is no threat to the life and health of other people. If this is not possible, record the current situation (draw up diagrams, take photographs or video, and other activities).

Responsibility 4. Take measures to organize an investigation of the accident and prepare investigation materials.

Responsibility 5. Send a message (notice) about the accident to a number of authorities (as well as to the relatives of the victim - in the event of a serious accident or a fatal accident).

Note! For information about who the employer must notify and within what time frame, see NA No. 8'2010

It is possible to determine exactly what kind of accident is (severe or mild) using the Scheme for determining the severity of health damage in industrial accidents (appendix to the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160). What kind of damage the victim received is determined by doctors at the hospital, trauma center or other healthcare organization during his initial examination.

The employer-insurant can send a message (notice) in any way convenient for him - by telephone, fax, e-mail or telegraph. The main thing is that the chosen method ensures compliance with the established deadlines.

Summarizing

After all the preparatory activities have been completed, you should begin to make a conclusion on the investigation of this case.

For this:

1. A package of documents is completed, namely, everything that has been prepared is summarized: explanatory notes from the victim and eyewitnesses, diagrams and photos from the scene of the incident, copies of documents on instructing the employee, certifications, a specialist’s conclusion classifying the injury as light, and much more.
2. Next, it is necessary to prepare a free-form Certificate of completion of the investigation.
3. The act is agreed upon with the members of the commission, then approved by its chairman. It is prepared in three copies, one is stored at the enterprise, the other is transferred to the Social Insurance Fund, and the third is handed to the injured employee.

The main difference when preparing the act is that if the injury is work-related, then 25% of the blame lies with the employee, and the remaining 75% with the immediate supervisor. When investigating an injury not related to work, it is worth noting that the percentage of fault is not indicated in the act at all, that is, it turns out that there is no one to punish. The document is prepared as a reporting document and stored for at least 45 years in the archives of the enterprise.

Sample of an arbitrary act for non-recognition of an accident

The commission cannot include employees (other persons) who are entrusted with ensuring labor safety requirements in the area where the accident occurred (Part 3 of Article 229 of the Labor Code of the Russian Federation).

Approve the composition of the accident investigation commission by order in free form (Part 3 of Article 229 of the Labor Code of the Russian Federation).

The following persons take part in the investigation of an accident that occurred at an employer-entrepreneur:

• the employer or his authorized representative;
• the victim's confidant;
• a labor protection specialist who can be hired on a contract basis.

This is provided for by Part 4 of Article 229 of the Labor Code of the Russian Federation. If an accident occurs to an employee at the place of work where he works part-time, the situation is investigated and taken into account at the place of work part-time (Part 8 of Article 229 of the Labor Code of the Russian Federation).

Act on non-recognition of industrial injury

Attention to the Regulations approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 322);

• FSS of Russia at the place of registration of the employer as an insurer;
• territorial association of trade union organizations;
• the victim's employer (if the accident occurred with an employee of another organization, for example, on a business trip).

This follows from the provisions of parts 1 and 2 of Article 228.1 of the Labor Code of the Russian Federation. The notification form was approved by the resolution of the Russian Ministry of Labor dated October 24, 2002.

№ 73.

Important

An accident at work that occurs with an insured person or a person subject to compulsory social insurance against accidents and occupational diseases is recognized as insurance (Part 7 of Article 229.2 of the Labor Code of the Russian Federation). Notify the territorial branch of the FSS of Russia about its occurrence within 24 hours (sub.

6 paragraph 2 art. 17 of the Law of July 24, 1998 No. 125-FZ).

Vote:

• where the work was done;
• on the way to or from work on an employer's vehicle or on a personal vehicle used for business purposes;
• on the way to a business trip and back;
• during a business trip to the place of assignment and back, including on foot;
• when working on a rotational basis during rest periods between shifts;
• when carrying out other lawful actions caused by labor relations with the employer or performed in his interests, including actions aimed at preventing a disaster, accident or accident.

This is stated in part 3 of article 227 of the Labor Code of the Russian Federation, paragraph 3 of the Regulations approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73, paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 10, 2011 No. 2.

Industrial accident investigation report

According to the results of the examination, carried out in the prescribed manner, Ivanov S.V. was intoxicated with alcohol or drugs. not installed. Office cabinet fall 5.

Reasons that caused the accident (indicate the main and accompanying causes of the accident with references to the violated requirements of legislative and other regulatory legal acts, local regulations) 6.

Conclusion on the persons responsible for violations of legislative and other regulatory legal and local regulations that were the causes of the accident: no (surnames, initials, positions (professions) of persons indicating the requirements of legislative, other regulatory legal and local regulations providing for their liability for violations that were the causes of the accident specified in paragraph .

Accident investigation report sample form

The document is drawn up in three copies, for each of the parties and for the Social Insurance Fund. The act is signed by all members of the commission (at least three people) and approved by the head of the enterprise.

Note! All fields of the work injury report must be completed. Corrections are not allowed. At the beginning of the document there is a field for approval of the act by the manager. The seal of the organization is also placed here.

Below in the appropriate field the serial number of the act is written according to the registration journal at the enterprise.

How to investigate a non-work injury in an establishment?

Accidents at work are divided into severe and light according to the scheme for determining the severity of damage to health in accidents at work (clause

1 order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160).

Responsibilities of the employer in the event of an accident What should the employer do in the event of an accident at work? In the event of an accident, the employer is obliged to:

• immediately organize first aid for the victim and, if necessary, take him to a medical facility (for example, to a clinic);
• take measures to prevent the development of an emergency situation and the impact of traumatic factors on other persons;

• preserve the situation as it was at the time of the incident until the investigation of the accident begins (if this does not threaten the life and health of other persons and does not lead to emergency circumstances).

The specified forms of industrial accident investigation reports are filled out in several copies and sent to:

• to the employer (to be stored for at least 45 years);
• each victim or his legal representative (in case of a group accident);
• to the insurer;
• at the place of main work (if the injured or deceased is an employee of another company).

When considering the causes and circumstances of an accident that occurred at the enterprise and caused damage to the employee, the commission draws up reports of an industrial accident.

They record all the conclusions that the commission came to during the investigation process, they have full legal force and can serve as a basis for re-examination.

Labor legislation provides for the following forms of documents for accident investigations.

They filed everything as expected, as an accident according to the victim, paid sick leave, after being discharged she did not start work, wrote a statement on her own and quit... and today / February 2021 / a court notice arrived about that.

that she wants to “collect from us moral damages in the amount of 100,000 rubles for physical and moral suffering,” this is the second time she demands from us to recover lost benefits for those days of sick leave where she worked part-time.

Although she was given sick leave for part-time work, there is a note on sick leave at her main place of work. She did not receive any applications for financial assistance or certificates about that.

The executed report in form N-1 and all investigation materials must be approved by the head and the first copy sent to the victim within three days. Second copies of reports on the accident and its investigation, along with materials, are stored for 45 years.

If the accident is recognized as insured, then send the third copy of the report, along with copies of the investigation materials, to the territorial office of the Federal Insurance Service of Russia (Part 6 of Article 230 of the Labor Code of the Russian Federation).

When an employee of another organization suffered from an accident, send copies of the accident report and investigation materials to his main place of work (Part 7, Article 230

Labor Code of the Russian Federation). This is stated in Article 230 of the Labor Code of the Russian Federation. The same must be done with the accident investigation report (Form 4).

Send one copy with copies of materials to the prosecutor’s office within three days after approval by the manager.

The fine is:

• for entrepreneurs from 300 to 500 rubles;
• for officials, for example a manager, from 500 to 1000 rubles;
• for organizations from 5,000 to 10,000 rubles.

For untimely notification of other authorities about an accident, administrative liability arises under Part 1 of Article 5.27 of the Code of the Russian Federation on Administrative Offences. The legality of this approach is confirmed by judicial practice (see, for example, the resolution of the Supreme Court of the Russian Federation of January 13, 2012 No.

No. 48-AD11-6). Investigation of an accident How to investigate an accident at work If an accident occurs in an organization, the employer is obliged to ensure the investigation of such an incident at his own expense (Part 2 of Article 229.2 of the Labor Code of the Russian Federation). Immediately create a commission to investigate. The number of commission members must be at least three (Part 1 of Art.

Source: https://24-advokat.ru/obrazets-proizvolnogo-akta-dlya-nepriznaniya-neschastnogo-sluchaya/

What to do if an employee has a minor injury

If an employee of an enterprise received a minor injury, is it worth creating a commission to investigate? This question is asked by many managers. For example, an employee slightly scratched his finger. Of course, according to labor legislation, an investigation is also necessary in this case, but everything again depends on the employer, namely on the local acts applied.

Should a minor injury be investigated?

If there is a Regulation on the Investigation and an act on an injury that does not result in loss of ability to work is approved, then it is allowed to use it. In such circumstances, there is no need to convene commissions, but rather do the following:

• the manager to request an explanatory statement from the victim;
• fill out an Employee Injury Report without loss of ability to work;
• prepared documents must be stored at the enterprise in accordance with the rules of office work.