Accident at work: how to register and organize the investigation

Author of the article: Yulia Kaisina Last modified: January 2021 3467

If an accident occurs on the territory of the enterprise, due to which one or more people were injured, it is required to officially document this fact and the results of the investigation. Registration of an industrial accident is the task of a specially created commission. It is necessary to investigate the circumstances, establish the causes and make recommendations for the prevention of injuries in the future. At the same time, everything needs to be done within a limited time frame - the maximum duration for processing documents should not exceed 15 days.

Accident at work - what to do?

The procedure for management employees in the event of an accident is set out in detail in Art. 228 Labor Code of the Russian Federation. According to its provisions, officials are required to take measures in the following sequence:

Providing emergency assistance, calling doctors or independently transporting victims to the hospital.
Preventing further injuries (turning off machines, installing guards).
Recording the situation in the incident area or ensuring its safety until the commission is formed.
Notification of regulatory authorities.

Competent behavior of officials guarantees a full and comprehensive investigation, which is why Art. 225 of the Labor Code of the Russian Federation also imposes on the employer the obligation to provide special training. Responsible specialists must be well aware of the sequence of actions.

Establishment and registration of the fact of an industrial accident

When establishing the fact of an accident, immediate managers immediately notify the employer about the incident (clause 4 of the resolution of the Ministry of Labor of the Russian Federation “On approval of document forms...” dated October 24, 2002 No. 73). The memo becomes the basis for issuing an order to investigate the incident.

Documentation is required for all incidents that meet the criteria of Art. 227 Labor Code of the Russian Federation. An accident is considered to be bodily injuries sustained during work activities, including specific injuries. Thus, paragraph 8 of the resolution of the Plenum of the Armed Forces of the Russian Federation “On the application by courts of legislation on compulsory social ...” dated March 10, 2011 No. 2 requires the registration of injuries caused to an employee by third parties.

If the employer refuses to establish an accident and follow the procedure for registering an industrial accident , the issue is considered by the court (part 7, paragraph 2, article 264 of the Code of Civil Procedure of the Russian Federation).
The process in such cases is conducted within the framework of civil proceedings.

Time frame for investigation

An accident investigation must be carried out within:

three days if the victims received minor health injuries;

15 days if the victims suffered severe health injuries or there were deaths;

one month from the date of receipt of the application from the victim, if the loss of ability to work occurred some time after the accident.

This procedure is established in part 1 of paragraph 19 and paragraph 20 of the Regulations, approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

The deadlines may be extended by the chairman of the commission, but no more than 15 days:

for additional verification of the circumstances of the accident;

to obtain medical and other reports.

This conclusion can be drawn from the provisions of Article 229.1 of the Labor Code of the Russian Federation and paragraphs 19, 20 of the Regulations approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

The time frame for investigating an accident is calculated in calendar days starting from the date of issuance of the order on the formation of a commission to investigate the accident (Part 2, Clause 19 of the Regulations, approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

Where to report an accident at work?

Art. obliges employers to notify regulatory authorities of cases of injury. 228.1 Labor Code of the Russian Federation. It is necessary to report an incident if at least one of the following circumstances exists:

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harm was caused to the health of 2 or more persons;
the injuries were considered severe;
the victim died from his injuries.

Notifications are drawn up in the form given in Resolution of the Ministry of Labor of the Russian Federation No. 73. Documents are sent to the addressees within 24 hours from the moment the fact is discovered. Recipients are:

service for supervision of compliance with labor laws;
prosecutor's office;
locality administration;
territorial department of the FSS of the Russian Federation.

If the victim is sent to perform work by another company, a notice is sent to management. Industry control must also be notified of incidents at supervised facilities.

Incidents that are subject to recording and investigation

In order to register an incident as an industrial injury, first, production accidents are registered and the circumstances of the incident are clarified. According to labor legislation (Article 227), the following cases are subject to investigation:

incidents that happened to workers directly involved in the activities of the enterprise, if the precedent occurred while the employee was performing his job duties;
an accident that caused injuries and injuries (burns, heat stroke, bites, fractures, etc. are taken into account), this also includes the negative consequences of working overtime, as well as on weekends and holidays;
an incident that occurred while the employee was heading to his workplace, and it does not matter how the victim was moved: in his own vehicle or in a company one;
The previous category also includes those incidents that occurred when the employee gets to the workplace on behalf of the boss, and it does not matter what kind of transport the victim used;
industrial injuries when the injured employee is sent to the place of work as a shift worker (shift drivers, conductors, shift workers);
injuries and injuries received in other situations provided for by labor legislation.

Where are industrial accidents recorded in special situations?

It is necessary to draw up documents and make entries in accounting registers for each incident. In this case, the specifics of production activities and the nature of the harm should be taken into account.

Acute poisoning

In addition to other notifications, you will need to send a notification to the territorial department of sanitary and epidemiological supervision. The requirement was introduced by Art. 228.1 Labor Code of the Russian Federation.

Trauma with consequences

It is not always possible for a doctor to immediately assess the severity of a person’s injuries. If a minor injury to health is subsequently reclassified as severe or the victim dies, the employer is obliged to involve representatives of public structures and trade unions in the investigation. The recipients are determined taking into account the procedure for registering an industrial accident . The period for mailing has been increased to 3 days (Article 228.1 of the Labor Code of the Russian Federation).

Group injuries on a ship

The responsibility for notification falls on the captain. He must immediately send a message to the shipowner. If the accident occurred in the waters of another state, the information is transmitted to the Russian consulate. The owner of the vessel, having received the information, organizes the distribution of a standard package of notices, additionally notifying the trade union. Incidents on board ships powered by nuclear fuel must also be reported to the nuclear supervision and radiation safety services (Article 228.1 of the Labor Code of the Russian Federation).

Responsibilities of the employer in the event of an accident

In the event of an accident, the employer is obliged:

immediately organize first aid for the victim and, if necessary, deliver him to a medical organization (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). If this is not possible, you need to record the current situation (make diagrams, take photographs or video);

immediately inform the relevant departments and organizations about the accident (in case of a group accident, serious accident or death);

inform the relatives of the victim about the accident (in case of a serious accident or death);

take all measures for proper and timely investigation and registration of the accident.

This procedure is established by Article 228 of the Labor Code of the Russian Federation.

If two or more people were injured, the accident was serious or the victim died, you must notify within 24 hours:

labor inspection;

the prosecutor's office at the scene of the accident;

executive body of a constituent entity of the Russian Federation and (or) local government body at the place of registration of the employer;

the relevant territorial body for control and supervision in the established field of activity (if the accident occurred in an organization controlled by this body). For example, for trade organizations such a body is Rospotrebnadzor (clause 5 of 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 Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

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). Report its occurrence within 24 hours to the territorial branch of the FSS of Russia (subparagraph 6, paragraph 2, article 17 of the Law of July 24, 1998 No. 125-FZ). Send the message in the form approved by order of the FSS of Russia dated August 24, 2000 No. 157.

In the event of acute poisoning of an employee, notify Rospotrebnadzor (Part 6 of Article 228.1 of the Labor Code of the Russian Federation and Clause 3 of the Regulations approved by Decree of the Government of the Russian Federation of September 15, 2005 No. 569).

Attention: for untimely notification of an industrial accident to the established departments, administrative liability is provided.

So, if the employer does not report the occurrence of an insured event to the territorial branch of the Federal Social Insurance Fund of Russia, then the labor inspectorate may bring him to administrative responsibility in the form of a fine under Article 15.34 of the Code of Administrative Offenses of the Russian Federation. 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 also confirmed by judicial practice (see, for example, Resolution of the Supreme Court of the Russian Federation of January 13, 2012 No. 48-AD11-6).

Situation: can the head of an organization be fined for late notification of an industrial accident? The employee hid the accident, and it became known only two weeks later, when the employee had to go to the hospital due to poor health.

The employee is obliged to inform the employer about the accident at work (Article 214 of the Labor Code of the Russian Federation). Concealing an accident is a violation of labor discipline, and therefore disciplinary action can be imposed on the employee (Articles 192, 193 of the Labor Code of the Russian Federation).

In turn, an employer may be held administratively liable for concealing an accident or occupational disease at work (Article 15.34 of the Code of Administrative Offenses of the Russian Federation). In particular, liability also arises for officials of the organization (for example, a manager), but only if they are guilty (Article 2.2 of the Code of Administrative Offenses of the Russian Federation).

Since in the situation under consideration, the concealment of the accident was due to the fault of the employee, the head of the organization is not to blame for the untimely notification of the territorial branch of the FSS of Russia about the incident. Consequently, bringing the head of an organization to administrative responsibility in such a situation is unlawful.

Medical registration and recording of industrial accidents

Appeals from patients injured at work do not go unnoticed. By Order of the Ministry of Health and Social Development “On approval of statistical tools...” dated December 30, 2009 No. 1045n, registration of an industrial accident is made the responsibility of the heads of medical institutions.

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The normative act approved form 59-NSP/u, as well as guidelines for filling it out. Notifications are sent to the State Labor and Employment Inspectorate.

Consequences of an accident

For an event to be considered an accident, it must lead to the following consequences:

the need to transfer the victim to another job;

temporary or permanent disability;

death of the victim.

This conclusion follows from paragraph 1 of part 3 of article 227 of the Labor Code of the Russian Federation.

Accidents at work are divided into severe and light according to the scheme for determining the severity of health damage in accidents at work (clause 1 of the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160).

What documents are used to document industrial accidents?

Documentary evidence of injuries in the workplace is a mandatory condition for receiving compensation and guarantees from the Federal Social Insurance Fund of the Russian Federation. The acts contain the information necessary for accruals, and also reflect the reasons for the occurrence of the insured event (Article 230 of the Labor Code of the Russian Federation).

The basic list of actions related to the formalization of the investigation process is given in Resolution of the Ministry of Labor of the Russian Federation No. 73 and Art. 229.2 Labor Code of the Russian Federation:

A memo is drawn up about what happened.
Copies of notices are sent to regulatory authorities with marks of delivery.
An order is issued from the head of the organization on the creation of a commission.
A protocol for examining the scene of the incident is drawn up.
Protocols are drawn up for interviewing the victim, eyewitnesses, immediate supervisors, and specialists responsible for organizing labor protection at the enterprise.
Messages about the consequences of the accident and the measures taken are communicated to management.
The conclusion of the state labor inspector is accepted.
An entry is made in the occupational injury log.

The materials will need to include expert reports, technical calculations, documentation of the equipment that caused the injury, and extracts from briefing logs. It is mandatory to have a medical report on the nature of the injuries and a certificate confirming that the victim is provided with personal protective equipment.

IMPORTANT! List of appendices to the act of Art. 229.1 of the Labor Code of the Russian Federation remains open. The legislator allowed the commission to independently supplement the list established by law.

Distinctive features of registering a group accident are the number and form of acts: they will need to be drawn up for each victim separately (Article 230 of the Labor Code of the Russian Federation). In this case, it is not enough to simply increase the number of copies, since the degree of guilt and other circumstances will vary.

What documents will you need to prepare?

In order not to violate the legally established procedure for documenting the investigation of an industrial accident , the set of documents must include 3 types of papers:

notification (report of an accident, measures taken, etc.);
organizational (order to create a commission, change the timing of the investigation, etc.);
descriptive and recording (acts, conclusions, examinations, etc.).

Each industrial accident is specific and individual, so the set of documents may vary in volume and include both mandatory and additional (supporting) papers.

The first group of documents is of an informative and notification nature. It will not be possible to avoid their registration - such a need is enshrined in law.

Organizational documents are internal company orders required to organize the process of investigating an industrial accident.

The third group of documents is the most diverse in type and significantly exceeds the first 2 in volume. The central place in this group is occupied by the act of an accident at work (form N-1).

Important! An act in form N-1 is drawn up if the employee has lost his ability to work, is transferred to another job for medical reasons, or died as a result of an industrial accident (Article 130 of the Labor Code of the Russian Federation).

We will tell you what additional documents you will need to collect in the next section.

How is an industrial accident involving the disappearance of a person registered?

The rules for drawing up documents in this case are described in clause 29 of section 4 of Resolution of the Ministry of Labor No. 73. The commission is obliged to reflect in the act the following information:

information about the victim, including information about completion of occupational safety and health training;
list of hazardous factors at the scene of the incident;
description of the circumstances of the disappearance;
indication of the probable reasons;
list of culprits.

The fact is assessed by the state labor inspectorate, based on a court decision declaring the disappeared person dead.

What does this mean?

Accidents include the following:

injuries (including those caused by others);
burns;
poisoning;
electric shocks;
drowning;
animal bites;
frostbite received during working hours.

Also, according to the Labor Code, these include natural disasters, accidents, explosions, as well as other externally caused health injuries that resulted in partial (total) disability of the victim.

For an incident to be considered an accident, it must occur:

during working hours on the territory of the enterprise or in the place where the boss sent the employee to carry out the assignment;
when traveling to production (back) using transport provided by the employer;
during business trips;
during shift work while on board the ship and during the rest period between shifts;
when committing illegal actions that are caused by labor relations with the director.

It is established by law that all responsibility for a timely organized investigation, its documentation, registration and accounting of tax matters rests with the employer (director of the enterprise).

Any disagreements related to the incident, or the employer’s reluctance to conduct an investigation and draw up an accident report, are considered by the court or state labor inspection authorities.

The employer is obliged:

until the investigation of the incident begins, maintain the situation at the place where it happened;
if this is not possible, you should draw up a diagram and photograph the area;
immediately inform the relevant authorities and authorities, as well as the relatives of the injured employee, about the incident;
take all necessary measures to organize an investigation of the emergency situation and fill out the necessary papers.

What document is used to document hidden industrial accidents?

Often the employer tries to evade fulfillment of obligations regarding labor protection and social insurance. What document can be used to confirm industrial accidents if they refused to draw up a report? A state labor inspector or a court has the right to officially establish the fact of an industrial injury.

The provisions of Art. 229.3 of the Labor Code of the Russian Federation provides for the possibility of conducting an independent investigation. Victims or their relatives have the right to file a complaint. Statutes of limitation are not taken into account.

If during the investigation the fact of an accident is confirmed, a special report will be issued; the employer will be given an order to draw up a report reflecting the real causes and circumstances of the incident. The practice of applying the norm has developed; an example is the decision of the court of the city of Elektrostal, Moscow Region, in case No. 2-2123/2011 dated December 16, 2011.

Investigation procedure

When investigating an accident, the commission identifies and interviews:

eyewitnesses of the accident;

persons who violated labor protection requirements;

employer or his representative;

the victim (if possible).

This is stated in Part 1 of Article 229.2 of the Labor Code of the Russian Federation.

Typically, accident investigation materials include:

order to create a commission to investigate the accident;

plans, diagrams of the scene of the accident, recording the circumstances of the accident;

documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;

extracts from logs of registration of briefings, protocols for testing the victim’s knowledge of labor protection;

protocols of interviews with eyewitnesses, officials, explanations of victims, etc.

The list of documents is not exhaustive and is determined by the chairman of the commission. This conclusion can be drawn from the provisions of parts 3 and 4 of Article 229.2 of the Labor Code of the Russian Federation.

Based on the collected materials, the commission:

establishes the circumstances and causes of the accident;

determines who committed violations of labor protection requirements;

develops proposals to eliminate identified violations;

decides whether the victim’s actions were due to employment relations with the employer;

qualifies the incident as an industrial accident or as an accident not related to production.

This follows from Part 5 of Article 229.2 of the Labor Code of the Russian Federation.

Monitors compliance with the established procedure for investigating and recording industrial accidents with the right to conduct inspections by Rostrud and its territorial bodies (clauses 1, 2 of the Regulations approved by order of the Ministry of Health and Social Development of Russia dated September 21, 2011 No. 1065n).

The procedure for conducting such inspections is set out in the Regulations approved by order of the Ministry of Health and Social Development of Russia dated September 21, 2011 No. 1065n.

Why is the fact of an industrial accident registered with the participation of a commission?

The requirement for collegiality is enshrined in Art. 229 Labor Code of the Russian Federation. The minimum number of commission members is 3 people, and the signatures of all participants in the investigation must be present in the final act. The condition guarantees the objectivity of conclusions regarding the nature of the incident, the degree of guilt of the employer, the victim and third parties, and also eliminates the possibility of falsification of materials.

As you can see, the registration procedure is strictly regulated. The conclusions of the commission depend on compliance with procedural rules and the timeliness of performing certain actions. The employer must adhere to deadlines and use only approved document forms. Any deviations from the established rules are subject to sanctions under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Accident investigation

If an accident occurs in an organization, the employer is obliged to ensure that such an incident is investigated 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 Article 229 of the Labor Code of the Russian Federation). In all cases, the commission must consist of an odd number of members (clause 8 of the Regulations approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73). The commission should include:

an occupational safety specialist or a person appointed responsible for occupational safety;

employer representatives (for example, manager);

representative of a trade union or other representative body of employees (if there is one in the organization).

This is stated in Part 1 of Article 229 of the Labor Code of the Russian Federation.

If two or more people were injured, a serious accident occurred, or the victim died, the commission must also include:

state labor inspector;

representatives of executive authorities 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 territorial branch of the FSS of Russia (if an accident occurred with an insured citizen).

When investigating such accidents, as a rule, the chairman of the commission is a state labor inspector.

This procedure is established by part 2 of article 229 of the Labor Code of the Russian Federation and paragraph 1 of the Regulations approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 324.

If the victim is an employee of another organization (for example, is on a business trip), then the commission will be formed by the organization on whose territory the accident occurred. In this case, the commission must include an authorized representative of the employer of the injured employee, that is, the organization that sent him on a business trip. The absence of such an authorized representative or his untimely arrival does not affect the change in the timing of the investigation. This procedure follows from the provisions of Part 5 of Article 229 of the Labor Code of the Russian Federation and is explained in the letter of the Ministry of Labor of Russia dated February 14, 2013 No. 14-2-291.

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 any 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).

An accident that occurred as a result of a vehicle accident is investigated with the mandatory use of accident investigation materials (Part 9 of Article 229 of the Labor Code of the Russian Federation).

Registration of a minor accident

Minor accidents include those that did not cause severe health problems in the victim. This type of investigation and paperwork for a minor accident at work is carried out in the generally accepted manner, i.e., like all incidents of this kind. The only difference can be called the fact that in the event of a minor accident that caused minor health consequences, there is no need to involve a state labor inspector, representatives of the government (both territorial and municipal), and an insurance company in the investigation. The investigation and registration of an incident with mild injuries does not have any special features.

Deadlines for processing documents

The deadlines established for the procedure for processing certain documents will directly depend on the length of the investigation period. Depending on the special circumstances, the deadlines may be divided into two categories:

Main deadlines. The duration of such a period will directly depend on the negative consequences that occurred as a result of the accident. The duration of the investigation and preparation of all required documents may be:
15 calendar days – in case of serious harm to health of an employee. This period for completing all required documents will also be established in the event of the death of one or more employees;
one calendar month – if the investigation was initiated some time after the accident. This also includes situations in which an investigation is initiated based on an official statement from the victim.
Additional deadlines. These time periods can be set by the employer if the main deadlines are not enough to properly conduct the investigation and identify important nuances of what happened. It should be noted that the employer can resort to such measures only if he has truly objective reasons.

If the investigation period is extended, the employer will need to record this fact in an official form. For this purpose, a written order is drawn up by the authorized person. Information about the duration of the new time period of the investigation, the immediate reasons for increasing this period, etc. is entered there. It is advisable that the need to increase the previously established deadlines be supported by various written evidence. Only in this case will the employer be able to prove the appropriateness of his decision.

It should be noted that delaying the investigation without good reason is a serious violation on the part of the authorities. In this case, various measures of liability may be applied to the director of the organization, including monetary fines and other forms of punishment.

Act in form 4

If an accident occurs with a group of people or is fatal, then a report is drawn up in Form 4. This form is unified.

The act reflects the following information:

What kind of case occurred: severe, fatal or group.
The time of the incident and the date are indicated.
When is the investigation scheduled to begin and end?
Who conducted the investigation, indicating position, surname and initials.
Information about employees who were injured as a result of the incident.
Describe the location of the emergency that occurred.
Technical characteristics of the equipment.
What were the reasons for this and how the circumstances developed.
Information about those responsible for the incident.
How an accident is classified and how it is recorded.
What measures need to be taken and how to eliminate the causes of the situation.
List what materials were used for the investigation.

The Commission for Investigation of a Serious Accident includes: