Procedure in case of an accident at work

IT IS THE EMPLOYER'S RESPONSIBILITY TO CONDUCT AN INVESTIGATION!

Article 210 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) lists the directions of state policy in the field of labor protection, including:

• prevention of accidents and damage to the health of workers;
• investigation and recording of industrial accidents and occupational diseases;
• protection of the legitimate interests of workers affected by industrial accidents and occupational diseases, as well as members of their families on the basis of compulsory social insurance of workers against industrial accidents and occupational diseases.

In this regard, by virtue of Art. 212 of the Labor Code of the Russian Federation, the employer is obliged to provide:

• investigation and recording, in accordance with the procedure established by laws and other regulations, of industrial accidents and occupational diseases;
• unimpeded access to relevant government officials for the purpose of conducting inspections of labor conditions and labor protection and investigating industrial accidents and occupational diseases;
• compulsory social insurance of workers against accidents at work and occupational diseases.

WHAT ACCIDENTS ARE SUBJECT TO INVESTIGATION?

Accidents that occur with employees and other persons involved in the employer’s production activities (including persons subject to compulsory social insurance against industrial accidents and occupational diseases), while performing their job duties or performing any kind of work, are subject to work on behalf of the employer (his representative), as well as when carrying out other lawful actions due to labor relations with the employer or performed in his interests (Part 1 of Article 227 of the Labor Code of the Russian Federation).

Persons participating in the employer's production activities include, for example, employees and other persons receiving education in accordance with an apprenticeship contract; students undergoing practical training (Part 2 of Article 227 of the Labor Code of the Russian Federation).

For your information

Compulsory social insurance against accidents at work and occupational diseases by virtue of Art. 5 of Federal Law No. 125-FZ of July 24, 1998 “On compulsory social insurance against accidents at work and occupational diseases” (as amended on December 29, 2015; hereinafter referred to as Federal Law No. 125-FZ) employees with whom labor contracts are concluded contracts, as well as persons performing work on the basis of a civil contract, if in accordance with this contract the policyholder is obliged to pay insurance premiums.

The investigation is carried out in the following cases (Part 3 of Article 227 of the Labor Code of the Russian Federation):

• bodily injuries (injuries), including those inflicted by another person;
• heatstroke;
• burn;
• frostbite;
• drowning;
• electric shock, lightning, radiation;
• bites and other bodily injuries caused by animals and insects;
• damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances;
• other health injuries caused by external factors, resulting in the need to transfer the victims to another job, temporary or permanent loss of ability to work, or death of the victims.

In this case, the above events must occur (Part 3 of Article 227 of the Labor Code of the Russian Federation):

• during working hours on the employer’s territory or in another place where work is performed, including during established breaks, as well as during the time necessary to put production tools and clothing in order, to perform other actions provided for by the internal labor regulations before starting and after finishing work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;
• when traveling to or from work on transport provided by the employer (his representative), or on personal transport (if it is used for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract);
• when traveling to and from a business trip, during business trips on public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;
• when traveling on a vehicle as a shift worker during a rest period between shifts (shift driver, conductor or mechanic of the refrigerated section on a train, member of the mail car crew, etc.);
• when working on a rotational basis during rest between shifts, as well as when being on a ship (air, sea, river) during free time from the watch and ship work;
• when carrying out other lawful actions determined by labor relations with the employer or performed in his interests, including actions aimed at preventing a catastrophe, accident or accident.

Note!

In the Labor Code of the Russian Federation there is also the concept of “accident not related to production”, for example, death due to a general illness or suicide, confirmed in the prescribed manner by a medical organization, investigative bodies or court (Part 6 of Article 229.2 of the Labor Code of the Russian Federation). At the same time, an accident can receive such qualification, depending on the specific circumstances, only during its investigation by the commission.

To correctly qualify an event that resulted in harm to the life or health of the victim, the Plenum of the Supreme Court of the Russian Federation in paragraph 9 of Resolution No. 2 of March 10, 2011 speaks of the need in each case to examine the following legally significant circumstances :

• whether the victim is one of the persons participating in the employer’s production activities (Part 2 of Article 227 of the Labor Code of the Russian Federation);
• whether the event that occurred is indicated in the list of events qualified as accidents (Part 3 of Article 227 of the Labor Code of the Russian Federation);
• Do the circumstances (time, place, etc.) accompanying the event correspond to the circumstances specified in Part 3 of Art. 227 Labor Code of the Russian Federation;
• whether an accident occurred at work with a person subject to compulsory social insurance against accidents at work and occupational diseases (Article 5 of Federal Law No. 125-FZ);
• whether there were circumstances in the presence of which accidents could be qualified as not related to production (an exhaustive list of such circumstances is contained in Part 6 of Article 229.2 of the Labor Code of the Russian Federation), and other circumstances.

For example, getting injured when an employee walks or takes public transport home from his place of work does not qualify as an industrial accident (Appeal ruling of the St. Petersburg City Court dated November 5, 2015 No. 33-19382/2015 in case No. 2-3403 /2014).

What cases are considered industrial and when are they investigated - concept

Often, when an injury occurs, controversial issues can arise. For example, is an injury that occurs on the way to work or during a lunch break considered a work-related injury? Despite the fact that there is a fairly clear definition of what kind of injury is considered work-related, there are often cases when the judicial authorities have to investigate. In order for an event to qualify as a work injury, the following conditions must be met:

• the victim performed his professional duties at the workplace;
• the employee performed any work, but at the direction of the employer;
• the injury occurred on the way to or from work;
• An employee was injured while on a business trip.

  

Who is considering NS

The first two situations are completely provable and, as a rule, do not require legal proceedings. An injury sustained by an employee during a lunch break or rest provided for by labor legislation is also considered as an industrial injury. The reason for this is an injury received during a work shift. Any injury received during the preparation of production tools before starting work or upon completion is considered industrial. This also applies to work performed overtime, on weekends and holidays, but only if this work is formalized by order.

Injuries received on the way to work are considered work-related only if the movement was carried out by the employer's transport or personal, but only with the appropriate order of management. Performing an off-site management assignment that results in injury may be subject to additional investigation and testimony.

Industrial accidents

If an employee of an enterprise is injured due to his own negligence or due to violation of safety rules, then joint liability is provided, and the percentage of the employee’s fault cannot exceed 25%.

This means that even if the employee is injured through his or her own fault, the primary responsibility lies with the employer.

GENERAL SCHEME OF ACTIONS OF AN EMPLOYER IN THE EVENT OF AN ACCIDENT

By virtue of Art. 228 of the Labor Code of the Russian Federation, if an accident occurs at work, the employer (his representative) is obliged to:

• organize first aid for the victim, and if necessary, take him to a medical facility. We remind you that according to Part 1 of Art. 223 of the Labor Code of the Russian Federation, each organization must have first aid posts equipped with first aid kits[1] in accordance with Order of the Ministry of Health and Social Development of Russia dated March 5, 2011 No. 169n. The employer is obliged to deliver the victim to a medical facility either using his own transport or at his own expense (Part 2 of Article 223 of the Labor Code of the Russian Federation);
• take measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons. In this case, the employer should be guided by the Federal Law of December 21, 1994 No. 68-FZ “On the protection of the population and territories from natural and man-made emergencies” (as amended on February 15, 2016) and GOST R 22.3.03-94 “Safety in emergency situations” situations. Protection of the population. Basic provisions";
• Before the investigation begins, preserve the situation as it was at the time of the incident (if possible), or record it (draw up diagrams, photograph, videotape, etc.);
• inform established authorities and organizations about the accident, and about a serious accident or fatal accident - also the relatives of the victim;
• take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of its materials.

Measures that the employer must take

The Labor Code discloses the specific responsibilities of the employer in the event of an accident at work. The employer is required to take a number of measures:

• immediately provide the employee with first aid and contact a medical facility to provide the employee with qualified medical care;
• at your own expense, arrange for the employee to be transported to a medical facility for assistance, if this is necessary and the employee can be transported;
• take measures to eliminate the consequences of the accident, take measures to stop the emergency situation and prevent its development, identify and neutralize the source of danger, if this does not pose a danger to the life and health of people, or involve special authorities;
• take measures to prevent the impact of hazardous factors on people (notify them of the danger, organize the removal of workers and other persons from hazardous areas);
• leave the scene of the incident unchanged, preserve its situation, if this does not lead to the development of an emergency situation and does not threaten the life and health of people;
• if maintaining the situation without changes threatens the life and health of people and entails the continuation of the events that caused the accident, the employer is obliged to organize photography and video recording of the scene of the incident;
• report the accident to the authorities authorized to investigate the incident and eliminate the consequences of the incident;
• in the event of the death of an employee, notify members of his family (the form of notification of relatives of the Labor Code of the Russian Federation is not provided, the employer can convey the message by any available methods), the law establishes the obligation of the employer to inform the employee’s relatives about serious health injuries or death, however, the organization has the right to notify relatives about any accident case;
• request information about the severity of damage to the health of an employee of the organization within 24 hours after being taken to the hospital; the amount of compensation and the scope of guarantees provided to the employee in connection with the accident depend on this information;
• immediately decide to create a commission to investigate the incident and issue a regulatory act on the organization of the commission. The commission acts under the direction of the employer, collects and analyzes all available materials about the accident, requests the necessary data from individuals and organizations, and involves experts and specialists in the investigation. As a result of the investigation, the commission qualifies the event as an accident or decides that there is no connection between the incident and the production process.

The listed list of measures is not closed. To eliminate the negative consequences of the accident and ensure a comprehensive investigation and proper documentation containing the investigation materials, the employer must take other necessary measures.

Author of the article

NOTIFICATION TIMES AND LIST OF ORGANIZATIONS

The notification procedure depends on the number of victims and the severity of the accident (mild or severe) (Article 228.1 of the Labor Code of the Russian Federation).

The severity of the accident is determined by the medical organization on the basis of Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160 “On determining the severity of health damage in industrial accidents.” In this case, a medical report is drawn up in form No. 315/u (Appendix No. 1, 3 to 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”), which is issued immediately at the request of the employer.

For your information

You can make a request either to the medical organization where the victim first applied, or to the medical institution where he was treated (if he was hospitalized).

If a group accident occurs (two or more people), a serious accident or a fatality, a notice must be sent within 24 hours in Form 1[2]:

• to the state labor inspectorate on whose territory the accident occurred (the address can be found on the Rostrud website - rostrud.ru);
• to the prosecutor's office at the scene of the accident;
• to the executive body of a constituent entity of the Russian Federation and (or) local government body at the place of state registration of a legal entity or individual entrepreneur;
• the employer who sent the employee who suffered the accident;
• to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in an organization or facility controlled by this body (for example, Rostechnadzor);
• to the Social Insurance Fund (at the place of registration of the employer);
• into a territorial association of trade union organizations.

If a minor accident has over time become a serious accident or a fatal accident, within three days after receiving information about this:

• to the territorial state labor inspectorate;
• territorial association of trade union organizations;
• territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in an organization or facility controlled by this body;
• Social Insurance Fund, if the case is insured[3].

The employer (his representative) reports cases of acute poisoning to Rospotrebnadzor.

According to the note to Form 1, the notice is transmitted by telephone, fax, telegraph and other available means of communication. It is in the employer’s interests to record the fact that the notice was sent within the prescribed period (in case of litigation).

The employer (his representative) is obliged to inform [4] the Social Insurance Fund (at the place of his registration) about each insured event within 24 hours (clause 6, part 2, article 17 of Federal Law No. 125-FZ, clause 5 of Regulation No. 73 ).

Important!

If the severity of the employee injured in the accident is obvious to the employer (he was given a preliminary diagnosis at the medical institution where he was taken), there is no need to wait to receive a medical report, otherwise the deadline established for sending notifications can be missed (see the Decision of the Moscow City court dated September 16, 2015 in case No. 7-9711/2015).

Notice of insured event sample 1

In addition, there are situations when the employer is responsible for notifying other departments about an accident that occurs to an employee. For example, when there are several victims (two or more), if due to the incident the employee was seriously injured or the incident resulted in the death of the victim, it is necessary to report to the following departments:

• labor inspection;
• the prosecutor's office;
• local authorities at the place of registration of the organization;
• if it was an employee of another organization, for example, on a business trip, notify the employing organization;
• the agency that controls your area of ​​activity. For example, for trading companies - Rospotrebnadzor;
• territorial association of trade union organizations.

The employer notifies the listed organizations within 24 hours using the form approved. Resolution of the Ministry of Labor of Russia No. 73 of October 24, 2002. The message can be sent by mail, transmitted through a courier, or using other convenient methods.

WE'RE PREPARING FOR AN INVESTIGATION - WE'RE FORMING A COMMISSION

An industrial accident is investigated by a commission, the procedure for the formation of which is established by Art. 229 Labor Code of the Russian Federation.

The composition of the commission (at least three people) is approved by order (instruction) of the employer. It includes:

• labor protection specialist (or a person appointed responsible for organizing labor protection work)[5];
• employer representatives;
• representatives of a trade union organization or other representative body of workers.

The commission is headed by the employer (his representative), and in established cases[6] - by an official of the supervisory authority.

If in an accident (including a group one) one or more victims suffered severe health injuries the death occurred , the commission also includes:

• state labor inspector;
• representatives of the executive authority of a constituent entity of the Russian Federation or local government (as agreed);
• representatives of the territorial association of trade union organizations;
• representatives of the Social Insurance Fund (during the investigation of accidents with insured persons).

In this case, the commission is headed, as a rule, by a state labor inspector.

For your information

When studying documents from an industrial accident investigation, the labor inspectorate pays close attention to compliance with the rules regarding the composition of the commission. So, for example, in the Decision of the Moscow City Court dated June 24, 2014 in case No. 7-5556, the labor inspector found that, in violation of the requirements of Part 2 of Art. 229 of the Labor Code of the Russian Federation, the commission did not include a representative of the territorial association of trade union organizations, or representatives of the executive body of the insurer.

For an individual employer, the commission includes:

• the employer himself (his representative);
• the victim's confidant;
• occupational safety specialist (may be involved in the investigation on a contractual basis).

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. A representative of the employer who referred the person is included in the commission.

An accident involving a person who worked on the territory of another employer is investigated by a commission of the employer (his representative), on whose behalf the work was carried out, with the participation, if necessary , of the employer (his representative), to whom this territory is assigned with the rights of ownership, possession, use (including including rent) and on other grounds. The situation is similar in the event of an accident with a person who performed work on behalf of the employer on the site of another employer allocated in accordance with the established procedure, but in this case participation in the investigation of the other employer is mandatory .

An accident involving a part-time employee is investigated and recorded at the place of work of the part-time employee (the employer at the victim’s main place of work can be informed with the written consent of the employee).

An accident involving a vehicle is investigated by a commission formed and headed by the employer (his representative), with the mandatory use of investigation materials conducted by the relevant body exercising state control (supervision), inquiry bodies, investigative bodies and the owner of the vehicle.

Note!

Each victim (legal representative, authorized representative) has the right to personally participate in the investigation of the accident that happened to him, as well as to familiarize himself with the investigation materials.

If a group accident occurs with a death toll of five people or more , the commission includes representatives of the state labor inspectorate and the all-Russian association of trade unions, and is headed by the head of the state labor inspectorate (or his deputy).

When investigating an accident at a facility controlled by a body exercising control and supervision functions in the field of industrial safety , the commission is headed by the head of this territorial body.

Important!

In all cases, the composition of the commission must consist of an odd number of members (clause 8 of Regulation No. 73).

Accident at work

I’ll start my story with how I interpret what NS is and then I’ll tell you what to do with this sad event.

An industrial accident is an unexpected event or occurrence that results in damage, injury or death to one or more people.

As a rule, an accident occurs due to inattention, negligence, failure to comply with safety regulations, or force majeure.

I suggest watching a video in which I briefly talk about what an occupational safety specialist needs to do on the first day when an accident occurs at work, and I will also leave a link to my YouTube channel, where you can learn a lot of useful information about occupational safety.

Actions of the employer in case of an accident at work

What should you do first? Procedure in case of an accident at work:

1. the first thing to do is to immediately provide first aid to the victim; if you are afraid to take on such responsibility or do not want to cause more harm, call an ambulance;
2. look around, assess the situation, if circumstances require it, you need to take the necessary measures to eliminate the emergency situation and protect other employees in order to prevent further injury to people;
3. you need to try to leave the situation the same as at the time of the incident, the most important thing is that it does not threaten the health or lives of people;
4. take photographs of the scene of the incident, because in the future these photographs will be very useful to you if you are an occupational safety specialist or the head of one of the departments or the entire enterprise. Indeed, in the process of investigation by the National Assembly, they can play an important role.

These are the first gestures that I advise the employer to make if such a precedent arises! The most important thing is not to get confused and follow the instructions.

Where to report an accident at work

How to start filing an accident at work and where to report it?

Be sure to report the incident in the prescribed form to the following authorities within one day:

• social insurance fund (any NS);
• labor inspection (severe, group, fatal accident);
• prosecutor's office (severe, group, fatal NS);
• city ​​administration (severe, group, fatal NS);
• territorial body of trade unions (severe, group, deadly NS);
• relatives of the victims (any NS);
• Rostechnadzor (if the accident occurred at a hazardous production facility);
• Rospotrebnadzor (if an employee is poisoned).

If the accident is mild, then a message about the insured event is sent to the Social Insurance Fund.

In all other cases, a notice of NS is prepared in accordance with Resolution No. 73 of October 24, 2002.

You must understand that it is very important to inform all authorities before the end of 24 hours from the moment of the incident, because otherwise it will be regarded as a concealment.

The fine in this case (Administrative Code Article 15.34):

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

And plus one more article. 5.27 Code of Administrative Offenses:

• for officials from 1,000 to 5,000 rubles;
• for individual entrepreneurs from 1,000 to 5,000 rubles;
• for legal entities from 30,000 to 50,000 rubles.

Perhaps the amount of the fine did not scare you, and you think that it’s okay if there is a delay. But imagine that this is just the beginning and you don’t know if everything is in order with the rest of your documents?! If there are more violations, then the amount of the fine may not be reasonable in the end.

There is nothing complicated in drawing up a notice, so don’t put it off for a long time. After all, even the very wording in the law “concealment” speaks for itself. The development of events during the investigation can proceed in the most unpredictable way, and no one wants to be subsequently accused of trying to hide the details of the accident. After all, this could be even worse than the above fines.

Therefore, registration of an industrial accident must be organized in accordance with the letter of the law.

How to properly prepare a request to a medical institution

Also, within the first 24 hours, you need to prepare a request to a medical organization. Why is it so important to prepare and receive an answer so quickly?!

Everything is clear and transparent. The qualification of the accident, which must be indicated when reporting, will depend on the result in the conclusion. If there are other reasons why, you need to get an answer from the hospital.

The answer will give us an understanding of how to proceed further, what time frame you will have for investigating the accident, who we will include in the commission to investigate the industrial accident, and much more.

In addition, if the accident is severe, group or fatal, the number of notification authorities increases. For example, no one wants to be exposed to the prosecutor’s office once again, and if a medical organization confirms that the NS is mild, then there is no need to notify the prosecutor’s office.

What if he doesn’t confirm? I really don’t want to be late with a message, especially to the prosecutor’s office.

There is no specific form for such a request, but it is prepared in the name of the head of the medical institution with the obligatory clarification of whether the victim is in a state of alcohol, drug or toxic intoxication.

As part of the investigation into the circumstances of the accident, this information must be provided to you even without the consent of the victim or his legal representative, despite the fact that this is a medical confidentiality.

If you have any questions, refer to clause 7, clause 4, article 13 of Federal Law No. 323 “On the fundamentals of protecting the health of citizens.” The hospital must provide you with a report on the nature of your health injuries immediately upon receipt of your request. It should, but often it doesn't!

Once again, this request must be received as soon as possible as it will indicate the severity that you need to include in your accident notice.

Therefore, call, go to the medical facility in person, but urge them to hurry up with the answer. There is no need for a fine or problems with the prosecutor's office.

ACCIDENT INVESTIGATION

The procedure for conducting accident investigations is established by Art. 229.2 Labor Code of the Russian Federation. First of all, the commission (state inspector) identifies and interviews eyewitnesses of the incident, persons who committed violations of labor protection requirements, receives the necessary information from the employer (his representative) and, if possible, explanations from the victim. In this case, a survey protocol in Form 6, approved by Resolution No. 73.

The place where the accident occurred is inspected, with a protocol in Form 7, approved by Resolution No. 73.

If necessary, the commission may require the employer to:

• carry out technical calculations, laboratory studies, tests, and other expert work and involve expert specialists for these purposes;
• take photographs and (or) video film the scene of the incident and damaged objects, draw up plans, sketches, diagrams;
• provide transport, office space, communications equipment, special clothing, special shoes and other personal protective equipment.

Based on all collected materials, the commission (labor inspector) establishes:

• circumstances and causes of the accident;
• persons who violated labor protection requirements.

Next, proposals are developed to eliminate the identified violations and prevent similar accidents, and the accident is qualified (as related or not related to production).

For your information

If during the investigation it is established that the occurrence or increase of harm caused to the health of the victim was facilitated by his gross negligence, taking into account the conclusion of the trade union organization (state labor inspector), the degree of guilt of the insured person is established as a percentage.

Also, during the investigation of an accident, it is necessary to take into account the peculiarities of the investigation in individual industries and organizations, established by Regulation No. 73.

TO GET A CONSULTATION

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How accident classification affects 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

TIMELINES FOR ACCIDENT INVESTIGATIONS

For the investigation of “light” accidents (including group ones) Art. 229.1 of the Labor Code of the Russian Federation is allocated 3 days , for “severe” (including group) and fatal accidents - 15 days .

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s disability did not occur immediately, is investigated in accordance with the established procedure within one month from the date of receipt of the application from the victim or his authorized representative.

If necessary (for example, for additional checks, obtaining medical reports), the specified deadlines by the chairman of the commission can be extended, but not more than by 15 days.

If it is impossible to complete the investigation within the specified time frame (due to the need to consider its circumstances in organizations carrying out examinations, bodies of inquiry, investigative bodies or in court), the decision to extend the period is made in agreement with these organizations and bodies or taking into account the decisions taken by them decisions.

note

The time frame for investigating accidents is calculated in calendar days starting from the day the employer issues an order to form a commission to investigate the accident (clause 19 of Regulation No. 73).

At the same time, it is not prohibited by law to conduct an investigation of an industrial accident in a shorter period of time than specified in the Labor Code (Appeal ruling of the Lipetsk Regional Court dated September 23, 2015 in case No. 33-2298/2015).

Accidents: definitions, classification, causes

1. Basic definitions

Federal Law No. 125 of June 24, 1998 calls an industrial accident an event that led to a deterioration in the health of the insured and:

— loss of working capacity (partially or completely, temporarily or permanently); — the emergence of a need to perform work in another profession or specialty (temporarily or permanently); or to death.

Work-related injuries are injuries that occur:

- when the victim performs a production task at an enterprise, organization or outside its territory; — while in the transport of the insured organization (for example, on the way to work, home).

This Law refers only to employees insured by the Fund. However, the procedure for investigating accidents at work established by the Labor Code of the Russian Federation applies to all persons working under the instructions or orders of employers, regardless of the availability of insurance.

″How to determine who is to blame for an accident?

First of all, the accident investigation commission identifies persons who violated state labor protection requirements. But the investigative authorities, and ultimately the court, determine the persons guilty of certain offenses. Watch the video answering this question:

2. How to classify accidents?

Accidents may be related or not related to production

2.1 Accidents are associated with production. These are the NS that occurred:

- when carrying out orders issued by employers during working or non-working hours; — at the time of servicing (cleaning, lubrication, other maintenance) of production equipment, compliance with the internal rules established in the organization; - during the transportation of workers by transport that belongs to the employer or is used in his interests (there is an agreement with the owner of this transport); - on a business trip, when working on a rotational basis, on a ship and under other similar circumstances; — in the course of work designed to prevent accidents, accidents, disasters at the employer’s facilities or mitigate their consequences;

2.2 Accidents are not associated with production.

This is injury or death that occurred solely due to alcohol intoxication or toxic poisoning and during illegal actions. This category includes suicides, as well as deaths that are caused by exacerbations of common diseases.

Accidents that do not belong to these categories (occurred during non-working hours when employees were not performing work in the interests of employers) are classified as domestic.

In the event of injury to an employee insured by the Fund, the National Insurance Fund is the insurance company. The first 2 days of incapacity for work under these NS are paid by the enterprise, the rest - by the Fund.

″What should an occupational safety specialist do if an employee does not report a work-related injury in a timely manner?

The employee did not report the accident in a timely manner, and after some time the organization receives a sick leave note with the indication “Occupational injury” on it. According to the Labor Code of the Russian Federation, the employer is obliged to conduct an investigation of the accident. In this case, the employee must write a statement to the accident investigation commission or to the employer. The statement must indicate the nature of the injury, the date and time it was received and the fact that the employee did not report this incident in a timely manner. Based on the application, a commission is formed. According to the Labor Code, the investigation of the NS is carried out within 1 month from the date of receipt of the application.

3. Causes of accidents at work

The Labor Code of the Russian Federation identifies the main causes of accidents at work:

- falling while moving, from a height; - loss of integrity of buildings and structures, which is accompanied by falling and scattering of parts and pieces; — illegal actions of others; — influence of extreme temperatures (frostbite, burns); — asphyxia (entry into the respiratory tract of bulk materials, water, their compression); — contact with biological objects; — action of current; — influence of radiation, etc.

WHAT DO THE INVESTIGATION MATERIALS INCLUDE?

According to Part 3 of Art. 229.2 of the Labor Code of the Russian Federation, investigation materials include:

• order (instruction) on the creation of a commission;
• plans, sketches, diagrams, protocol for examining the scene of the incident, and, if necessary, photo and video materials;
• documents on the state of the workplace, the presence of dangerous and harmful production factors;
• extracts from logs of registration of labor safety briefings and protocols for checking the knowledge of victims of labor protection requirements;
• protocols of interviews with eyewitnesses of the accident and officials, explanations of the victims;
• expert opinions of specialists, results of technical calculations, laboratory studies and tests;
• a medical report on the nature and severity of the damage caused to the victim’s health, or the cause of his death, whether the victim was under the influence of alcohol, drugs or toxic substances at the time of the accident;
• copies of documents confirming the issuance of special clothing, special shoes and other personal protective equipment to the victim in accordance with current standards;
• extracts from the orders of state labor inspectors and officials of the territorial supervisory body previously issued to the employer and related to the subject of the investigation (if the accident occurred in an organization or facility controlled by this body), as well as extracts from the representations of trade union labor inspectors on the elimination of identified violations of labor protection requirements ;
• other documents at the discretion of the commission.

The list of investigation materials depends on the nature and circumstances of the accident and is determined by the chairman of the commission.

Occupational accident classification scheme

If a medical institution is delaying issuing a conclusion, and you are running out of time to send a notice, you can pre-classify it as mild or severe.

It is necessary to classify the accident in accordance with the order of the Ministry of Social Health Development No. 160; if it is not on the list of injuries classified as a serious accident, then it should be classified as mild.

Based on what happened, in any case, you can already roughly guess what kind of emergency happened.

If you cannot determine whether an accident is mild or severe, then it is better to send a notice to all authorities, classifying it as severe.

If the received medical report classifies the degree as mild, then a notification letter is sent, again to everyone, with a report from the medical institution attached.

As the saying goes: “It’s better to be safe than sorry.”

WE FILL OUT THE INVESTIGATION MATERIALS CORRECTLY!

In the event of an accident qualified during the investigation as an industrial accident, as a result of which the victim had to be transferred according to a medical report to another job, he lost his ability to work for a period of at least one day, or the victim died, an industrial accident report in the form approved Resolution No. 73 (Article 230 of the Labor Code of the Russian Federation).

The form of the report (2–4) is selected based on the severity of the accident and the professional background of the victims.

The act is drawn up in two copies (if the victim is an insured person - in three copies), having equal legal force, in Russian or in Russian and the state language of the republic that is part of the Russian Federation.

For your information

If there are several victims, a report is drawn up for each victim separately.

It describes in detail the circumstances and causes of the accident, indicates the persons who committed violations of labor protection requirements, as well as the degree of guilt of the victim in percentage (if any).

At the end of the investigation, the report is signed by all persons who conducted it, approved by the employer (his representative) and certified by a seal (if any).

Within three days after completion of the investigation, the employer (his representative) one copy of the report to the victim (his legal representative, dependent, close relative) upon their request. The second copy of the report, along with the investigation materials, is kept by the employer for 45 years. The third copy of the report is sent to the Social Insurance Fund (at the place of registration of the employer as an insurer) within three days after completion of the investigation.

If an industrial accident occurs with a person sent to perform work for another employer and participating in his production activities (Part 5 of Article 229 of the Labor Code of the Russian Federation), the employer (his representative) with whom it occurred sends a copy of the report and copies of materials investigations at the place of main work (study, service) of the victim.

In the event of an accident qualified as an accident not related to production, the commission (labor inspector) draws up an act in two copies of equal legal force, which are signed by all persons conducting the investigation.

The results of the accident investigation must be reviewed by the employer (his representative) with the participation of the trade union organization in order to take measures aimed at preventing accidents at work.

ADDITIONAL INVESTIGATION BY STATE LABOR INSPECTOR

In accordance with Art. 229.3 of the Labor Code of the Russian Federation, regardless of the statute of limitations of the accident, the state inspector conducts an additional investigation of the accident :

• when a hidden accident is discovered;
• receipt of a complaint, statement, or other request from the victim (his legal representative, dependent, close relative) about their disagreement with the conclusions of the accident investigation commission;
• obtaining information objectively indicating a violation of the investigation procedure.

In this case, as a rule, a federal trade union labor inspector is involved, and, if necessary, representatives of the supervisory authority and the territorial social insurance fund (at the place of registration of the employer as an insurer).

At the end of the investigation, the state labor inspector draws up a conclusion and issues an order that is mandatory for the employer (his representative). He also has the right to oblige the employer 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 materials of the accident investigation. In this case, the previous act is recognized as invalid based on the decision of the employer (his representative) or the state labor inspector.

Follow up in emergency situations

Subsequent actions vary depending on the situation. The best course of action is probably to help the victim. If it is stuck, it must be pulled out. If it falls, try to pick it up. When treating wounds, you can apply a hydrocolloid dressing, such as here. It is also necessary to urgently call the ambulance service. If it is impossible to provide proper assistance to the victim and there is no way to call an ambulance, it is necessary to take the patient to the hospital yourself. At the same time, it is necessary to follow all the rules for transporting a sick person. Subsequently, it is also necessary to carefully unload the patient without further injuring him.

ACCIDENT: REGISTERING AND ACCOUNTING

Each industrial accident must be registered in the register of industrial accidents in Form 9, approved by Resolution No. 73 (Article 230.1 of the Labor Code of the Russian Federation).

One copy of the act on the investigation of a group accident (serious and fatal), together with copies of the investigation materials, including copies of reports for each victim, is sent by the chairman of the commission (state labor inspector) within three days after submission to the employer to the prosecutor's office to which the matter was reported accident. The second copy of the report is kept by the employer where the accident occurred for 45 years. Copies of this act, together with copies of the investigation materials, are sent to the relevant state labor inspectorate, the territorial body exercising control (supervision) in the established field of activity, and in the event of an insured event, also to the employer’s insurer (at the place of registration of the employer as an insured).

Copies of reports on the investigation of industrial accidents (including group accidents), as a result of which one or more victims received severe health injuries or the death of the victims occurred, together with copies of reports for each victim, are sent by the chairman of the commission (state labor inspector) to Rostrud and the corresponding territorial association of trade union organizations to analyze the state and causes of industrial injuries in the Russian Federation and develop proposals for its prevention.

At the end of the period of temporary disability of the victim, the employer (his representative) is obliged to send to the relevant state labor inspectorate, and, if necessary, to the supervisory organization, a message about the consequences of the industrial accident and the measures taken in accordance with Form 8, established by Resolution No. 73.

Note!

This message is also sent in case of fatal accidents - within a month after the completion of the investigation (clause 36 of Regulation No. 73). Regarding insured events, the specified message is also sent to the Social Insurance Fund (at the place of registration of the policyholder).

What is a group accident

I described in detail how you need to behave in the first 24 hours if an accident occurs in this article, so if your case qualifies as a group case, then this, one might say, is a continuation article for you, what you need to do after. So, let's define what a group accident is.

A group accident is an incident that results in injury, disfigurement, or even death of two or more people.

Let me digress from the norm and give an example of a group accident. Fortunately, I didn’t have to deal with groups often, but I have experience. I'll share it with you.

A welder and a mechanic were sent to perform work on the roof of a tank intended for storing alcohol-containing liquids. The work manager did not ensure the safety of his employees without checking whether the manhole was closed. Well, the workers were also “well done,” they didn’t even pay attention or think about what consequences everything could turn out to be.

During welding work, a spark entered the tank through the open hatch cover. There was a powerful bang!

Both workers suffered burns, and the welder was thrown from the tank to the ground. The height was decent, there were some fractures. The mechanic, having received a lot of burns, was able to go down on his own.

Procedure for investigating a group accident at work

If a group accident occurred at work and all the victims were assigned a mild degree of severity based on the results of the medical report, then the investigation procedure is carried out by analogy with the accident, as a result of which one person was injured with minor injuries.

The procedure for investigating NS with a mild degree of severity is described in detail in this article.

The algorithm for investigating a group serious accident is similar if one employee was injured. You can read about it here.

What are the subtleties when investigating group cases:

1. In addition to standard actions in the event of an accident, such as taking measures to provide first aid and transport victims, preventing an emergency and maintaining the situation with photos and video recording.

In the example given above, it was not even necessary to call an ambulance, because the cotton was so strong that residents of neighboring residential buildings did it themselves. They reacted instantly, and to all authorities, reporting that an explosion had occurred.

Not only an ambulance arrived, but also the fire department, the investigative committee and the prosecutor's office. There was no fire as such, they dealt with it on their own, but the supervisory authorities were not left idle.

All documents related to these employees and others related to this incident were immediately confiscated.

2. The injured were taken away by ambulance, but in any case it is necessary to obtain a report. Therefore, we are preparing a request.

I would like to draw your attention to the fact that in the event of a group accident, a written request to the medical institution is prepared for each of the victims .

3. If the degree of severity is obvious to the employer, then a notice can be sent without waiting for a response from the medical institution. As in my example.

In this case, one notice is drawn up for two or more victims!

If a group accident is classified as severe, then it must be sent within 24 hours to the following authorities:

• state labor inspection;
• prosecutor's office;
• district administration;
• compulsory social insurance fund;
• territorial association of trade union organizations;
• if Rostechnadzor or Rospotrebnadzor is required;
• relatives of the victims.

Record the fact that the notice was transmitted. This could be simply information about the position and full name of the recipient, indicating the date and time, or the number of the incoming message.

They often forget to send written notice to the relatives of the victims, which is a big oversight. If there is a serious accident, and also a group one, there is a very high chance that relatives will want to participate in the investigation of the NS. And any of your actions or inactions may be perceived as if the employer wants to hide some important information. This is completely useless!

• To create an order, you must submit written requests for the direction of a responsible officer from the department to participate in the investigation of a group accident.
• Order on the creation of a commission.

It must also be prepared and approved within the first 24 hours. Delay is like a fine, remember this. Unnecessary claims from supervisory authorities in such a situation can lead to even more disastrous consequences.

The commission for investigating a group accident is the same as in the case of a single victim with mild or severe severity.

An exception is if five or more people were injured, in which case a representative of Rostrud and the All-Russian Association of Professional Risks is included in the investigation commission.

If 15 or more people were injured, then the composition of the commission is determined and approved by the Government of the Russian Federation. The duration of the investigation remains unchanged - 15 calendar days.

In Art. 229 of the Labor Code of the Russian Federation states that if the composition of the commission differs from that established by law, the investigation may be declared invalid, so double-check yourself a hundred times so as not to “break the woods.”

Victims or their legal representatives may wish to participate in the investigation. To do this, you need an official letter from them. Moreover, they are not allowed to be included in the commission.

• During the investigation, the commission must not only interview eyewitnesses, witnesses and victims, consider all the materials of the case, check the creation of safe working conditions, but also determine what led to the accident.

If it is determined that an accident occurred as a result of gross negligence, then it is necessary to determine the degree of guilt of the victim or both.

Gross negligence includes the following cases that occurred due to:

• repeated violations of labor protection requirements and recorded in official and memos;
• the presence of the victim or several people in a state of alcoholic intoxication, with confirmation of the fact by a medical report.

The degree of guilt of the insured person cannot be more than 25% and is established taking into account the conclusion of the trade union or a person authorized by the employees.

The result of the conclusion is recorded in a protocol and must be attached to the investigation materials.

If a group accident is assessed as minor, it is investigated within three days.

If the victims are confirmed to have a severe degree of severity, the investigation also lasts 15 calendar days.

Note! An N-1 group accident investigation report is drawn up for each of the victims. In addition, if the case is severe, then Form 4 is filled out, one for the accident that occurred.

When investigating a group accident, the deadline for establishing objective causes may be extended by 15 days. Read more about this in this article.

The case materials are sent to all members of the commission within three days. The representative of the victims must be sent copies of the acts.

What to do after the investigation is complete

When the temporary disability of the victims ends, it is necessary to prepare a report on the consequences of the accident (Form 8).

This form must be filled out and sent to the State Tax Service and the Social Insurance Fund. In this case, the employer is responsible for timely preparation and dispatch.

If you forget, then administrative liability is possible under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount: for officials and individual entrepreneurs from 1000 to 5000 rubles and for a legal entity - from 30,000 to 50,000 rubles.

EMPLOYER'S RESPONSIBILITY

First of all, we note that if the employer does not inform the Social Insurance Fund about the insured event (an industrial accident with the insured persons leads to it), then he faces a fine in accordance with Art. 15.34 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation):

• for officials - in the amount of 500 to 1000 rubles;
• for legal entities - in the amount of 5,000 to 10,000 rubles. (entrepreneurs, by virtue of the note to Article 2.4 of the Code of Administrative Offenses of the Russian Federation, bear administrative responsibility as officials).

If the cause of the accident is the employer’s violation of labor protection legislation, he faces administrative liability in accordance with Art. 5.27.1 Code of Administrative Offenses of the Russian Federation.

Violation of labor protection requirements, resulting through negligence in causing serious harm to human health or the death of a person (two or more persons), also faces criminal liability (Article 143 of the Criminal Code of the Russian Federation).