The procedure for forming a commission to investigate accidents

If an accident occurred in an organization or at a facility controlled by Rostechnadzor, the commission includes:

• representative of the territorial body of Rostechnadzor.

The manager (appointed person) directly responsible for labor safety at the site or facility where the accident occurred is not included in the commission. Also, the commission does not include persons who are directly responsible for ensuring compliance with labor protection requirements at the site (facility) where the accident occurred.

In relation to these persons, during the investigation by the National Assembly, their degree of guilt in what happened will be clarified.

1.2 In the event of an accident with severe injuries (including group) or death (including group):

The commission should additionally include:

• state labor inspector;
• representatives of the executive body of a constituent entity of the Russian Federation or a local government body (as agreed) at the place of state registration of the employer as a legal entity or an individual as an individual entrepreneur;
• representative of the territorial association of trade union organizations.

If an accident occurred in an organization or at a facility controlled by Rostechnadzor, the commission must additionally include:

• official of the territorial body of Rostechnadzor.

In case of insurance with an insured person, in all cases, a representative of the Federal Social Insurance Fund of Russia at the place of registration of the employer as an insurer is added to the composition of the commission.

1.3 In the event of a group accident involving five or more people killed, the commission also includes:

• representatives of the federal labor inspectorate;
• representative of the territorial association of trade union organizations;
• representatives of the all-Russian association of trade unions;
• representatives of the administration of a constituent entity of the Russian Federation or the administration of a local government body (as agreed) at the place of state registration of the employer as a legal entity or an individual as an individual entrepreneur;
• the head of the state labor inspection is the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, he also heads the commission.

and when investigating an accident that occurred in an organization or facility controlled by a territorial body of the federal executive body exercising control and supervision functions in the field of industrial safety (Rostechnadzor), the head of this territorial body is also the chairman of the commission.

1.4 Features of the formation of the composition of the commission under other circumstances of the SB:

1.4.1 If the accident was the result of operational violations affecting the provision of nuclear, radiation and technical safety at nuclear energy facilities, then the commission also includes:

• representative of a territorial body of the federal executive body exercising functions of federal state supervision in the field of atomic energy use.

1.4.2 In case of acute poisoning or radiation exposure that exceeds established standards, the commission also includes:

• representative of the federal executive body for supervision in the field of sanitary and epidemiological welfare.

1.4.3 Participating in the investigation of an accident at an individual employer (light NS):

• the specified employer or his authorized representative;
• the victim's confidant;
• an occupational safety specialist who may be involved in the investigation of an accident on a contractual basis.

1.4.4 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. The commission includes:

• a representative of the employer who referred the person.

1.4.5 In the event of an accident involving an employee on a business trip, the investigation commission will additionally include:

• the employer who sent the employee on a business trip.

Failure to arrive or untimely arrival of the representative specified in clauses 1.4.4-1.4.5 is not grounds for changing the timing of the investigation.

1.4.6 An accident that occurred to a person performing work on the territory of another employer (for example, during a traveling nature of the work):

• investigated by a commission formed by the employer (his representative) on whose behalf the work was performed;
• with the participation, if necessary, of the employer (his representative), to whom this territory is assigned on the basis of ownership, possession, use (including lease) and on other grounds.

The commission that conducted the investigation of the accident informs the head of the organization on whose territory the work was carried out about the results of the investigation.

1.4.7 An accident that occurred to a person who was performing work on behalf of the employer (his representative) on the site of another employer allocated in accordance with the established procedure:

• investigated by a commission formed by the employer performing this work;
• with the mandatory participation of a representative of the employer in whose territory it was held.

1.4.8 An accident that occurred to an employee while performing part-time work:

• is investigated and taken into account at the place of part-time work.

In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer at the victim’s main place of work about the results of the investigation.

1.4.9 Investigation of an accident that occurred as a result of a disaster, breakdown or other damage to a vehicle:

• carried out by a commission formed and headed by the employer (his representative)

with the mandatory use of materials from the investigation of a catastrophe, accident or other damage to a vehicle conducted by the relevant federal executive body exercising state control (supervision) in the established field of activity, inquiry bodies, investigative bodies and the owner of the vehicle.

1.4.10 On a vessel at sea, the composition of the commission is formed by the federal executive body in charge of transport issues, or the federal executive body in charge of fishery issues, in accordance with the ownership of the vessel, from:

representatives of the command staff;

the ship's trade union organization, and in its absence - from representatives of the crew;

the captain of the ship, he also approves and heads the commission.

How can the victim or his relatives participate in the investigation?

Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim, but they are not included in the commission.

At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons closely related to him or her, their legal representative or other authorized representative may also take part in the investigation of the accident.

In the event that the legal representative or other authorized person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the materials of the investigation.

The victim (his authorized representative) can:

• be present during the interview of persons who are eyewitnesses of this violation;
• is at the scene of the incident when inspecting it, taking photos and (or) video recordings;
• familiarize yourself with the investigation materials.

If the direct participation of the victim is not necessary, he (his authorized representative) always has the right to separately study the materials of the case, which members of the commission are obliged to provide upon his first request.

Who can be the victim's proxy?

In certain situations, for example, the victim cannot give an explanation for the accident, he can entrust his powers to a trusted person. The law does not prohibit entrusting this to anyone, a relative, colleague, or other persons. The main thing is that a document is drawn up with signatures from both parties to ensure its legal force.

What is the composition of the commission for an accident that occurred on foreign territory?

The employee who suffered the accident may have been in the territory controlled by another employer, department or in another country during the accident. Possible options for creating commissions in such situations are:

• The employee is on a business trip with another employer and participates in its activities. In this case, the commission is created by the employer on whose territory the incident occurred, but a representative of the employee’s direct employer must be invited to join it. Moreover, his lateness to the start of the commission’s work is not grounds for postponing its work.
• An employee performs work assigned to him by his employer on the premises of another employer. The investigation will be carried out by the employee's employer, and a representative of the other employer will be involved in the investigation if necessary. But if the territory of another employer is specially provided for the employee to perform work on behalf of his employer, then the involvement of the other employer in the work of the commission becomes mandatory.
• The accident occurred at a part-time place of work. The employer for whom the employee works under these conditions will investigate the incident. At the place of main work, information will be transferred to them only upon receipt of the employee’s written consent to this.
• The transport incident is investigated by the employer, but with the obligatory involvement in this procedure of materials received by the relevant supervisory authorities, investigators, investigators and the owner of the transport.
• The incident occurred with an employee sent to a CIS member state. The principles for forming an investigation commission will correspond to the procedure adopted in this state (Article 3 of the Agreement on the procedure for investigating accidents at work, concluded in Moscow on December 9, 1994). If the employee has concluded an employment agreement to work on the territory of this state, then the commission must be formed according to the rules of the state in which the agreement was signed (Article 8 of the same Agreement dated 12/09/1994).

An agreement has been prepared (but has not yet entered into force) dated 05/31/2013 on the procedure for investigating industrial accidents that occurred with citizens of one state - a member of the Eurasian Economic Community while carrying out labor activities on the territory of another state - a member of the Eurasian Economic Community, the need to put into effect which is noted in Appendix No. 5 to the Agreement on the termination of the activities of the Eurasian Economic Community, signed in Minsk on October 10, 2014.

Which commission investigates cases of occupational diseases?

In relation to an occupational disease resulting from exposure to harmful production factors, the following are first established:

• preliminary diagnosis - by a medical institution;
• final diagnosis - by the center of occupational pathology;
• sanitary and hygienic working conditions under which such a disease could occur - by the sanitary and epidemiological inspection service.

After receiving notification of a disease from the center of occupational pathology, the employer, within 10 calendar days, is obliged to form a commission, which will be headed by the head doctor of sanitary and epidemiological supervision (clause 19 of the Regulations on the investigation and recording of occupational diseases, approved by Decree of the Government of the Russian Federation of December 15, 2000 No. 967).

The commission will include:

• employer representative;
• occupational safety engineer;
• representative of a medical institution;
• representative of the trade union body.

Other specialists and the injured worker himself may also participate in its work.

Principle of formation of the commission

In Art. 229 of the Labor Code notes each case of investigation and, depending on the circumstances, provides a detailed algorithm of actions. There are a number of general rules. For example, the code specifies that the person responsible for the state of affairs in the area where the incident occurred is not included in the committee. In this way, the legislator seeks to eliminate fraud and falsification of the results of the investigation.

It is important to know! The victim(s) themselves have the opportunity to be personally present in the committee, as well as the persons representing their interests. In the latter case, official status is assumed.

If the situation arose in an area that is under the territorial jurisdiction of a government agency or supervisory agency that oversees the state of the industrial sector, the list of participants is approved by the management of the regional unit, and a person from the government agency is appointed as the head.

In a situation where the head of the company is an individual, the following procedure for forming a committee applies: it includes himself, a person representing the victim, and a person supervising the safety of labor relations. Often the latter is hired under a contract from outside. In particular, the Ministry of Labor can send its representative. In each case, special procedures for investigating accidents apply.

Serious injury or death

If the excess leads to serious consequences for the health of the victim or a group of people, or there is a death, the composition of the appointed commission is expanded. It necessarily includes a state inspector responsible for labor protection, an attorney from the executive branch (regional level) or the municipality, and a person representing the territorial trade union.

Often incidents are classified as insured events, and then the insurer gets involved in the matter. He checks the grounds on which the victims are (are not) entitled to financial compensation. The head of the commission is usually a representative of an executive or supervisory government agency.

If the activity was carried out with another employer

In this situation, namely when the victim was sent to work for another employer, where the accident subsequently occurred, the committee is formed according to a different principle. The composition includes both employers, namely the one who gave the order and actually sent the citizen to carry out the activity. This also includes a representative of the organization (private individual) on whose territory the accident occurred. The form of affiliation does not matter. This could be ownership, lease, sublease, etc.

If the victim is a part-time worker

In a situation where an incident affects a citizen working part-time, the burden of investigation falls on the company where he works under the relevant contract. This is directly indicated by Art. 229 of the Labor Code of the Russian Federation. It is she who forms the commission, includes responsible persons and representatives of the trade union. The primary employer may be informed of the investigation. However, the victim himself must give consent to this, and invariably in writing.

If the incident involved a vehicle

A separate case is transport accidents and disasters. The principle of formation and key representation in the commission remains unchanged. The head is the employer. However, the procedure is accompanied by a mandatory study of materials from investigative bodies and inquiries. The owner of the vehicle is also questioned if he and the employer are different persons.

Group incidents

In situations where there is more than one deceased person, but there are 5 or more people, the structure of the commission, its representation and the investigation procedure undergo dramatic changes. What is it about:

1. The head becomes the state labor inspector heading the corresponding territorial unit or his deputy;
2. The commission necessarily includes representatives of the supervisory agency that monitors compliance with labor laws;
3. The composition includes a representative of the all-Russian trade union.

Alternatively, if production is affected and a disaster with a large number of deaths occurs in the industrial sector, a representative of the executive government agency becomes the presiding officer. The territorial jurisdiction of a specific object is assumed.

Investigation procedure

When an employee is injured, after the issuance of an administrative document, it is necessary to establish the procedure for conducting an investigation.

Subsequence:

1. The place where the incident occurred should ideally be preserved in its original form so that the picture is clear. Of course, if this threatens the health and life of employees, then this threat must be eliminated.
2. It is necessary to conduct video or photography on site.
3. Diagrams of the location of the incident are also recorded on paper, that is, the area is examined and an object is determined, from which a link is made to the place where the incident occurred.
4. The commission reviews materials on conducting briefings, the availability of work permits, cards for issuing special clothing and footwear, as well as PPE or RPE.
5. The victim and eyewitnesses are being interviewed. The information received is entered into protocols, which are signed by the persons who gave this testimony.
6. Based on all the collected materials, discussions are held to determine what exactly was violated. A reference to an item from a regulatory document is entered into the act in form N-1.
7. Act N-1 is being prepared. The document is signed by the members of the commission. As a rule, three copies need to be made: one is given to the victim, the second is given to social insurance, and the third remains at the enterprise.

The certificate is stored at the enterprise for 45 years. The number of acts must correspond to the number of victims, taking into account the enterprise and social insurance.

The main feature of the seminar is examples of accident investigations taken from practical experience, as well as consideration of the legal, scientific and technical foundations of investigation methods at enterprises:

Comments on Article 229.2 of the Labor Code of the Russian Federation, judicial practice of application

Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 10, 2011 No. 2 “On the application by courts of legislation on compulsory social insurance against industrial accidents and occupational diseases” contains the following explanations:

Death or injury to health due to alcohol, drug or toxic intoxication of the victim - an accident not related to production

When considering a claim to recognize an accident as related to production or an occupational disease, it is necessary to take into account that the issue of establishing a cause-and-effect relationship between injury or other damage to health or disease and the use of alcohol (narcotic, psychotropic and other substances) is subject to resolution by the court based on specific the circumstances of each case and the evidence available for it.

Courts should keep in mind that, by virtue of part six of Article 229.2 of the Labor Code of the Russian Federation, an accident may be qualified as not related to production if, according to the conclusion of a medical organization, the only cause of death or damage to health was alcohol, narcotic or other toxic intoxication (poisoning) of the victim, not associated with violations of the technological process in which technical alcohols, aromatic, narcotic and other toxic substances are used.

What to do if the injury is minor

Many managers wonder what to do when an employee receives a minor injury and is not even given sick leave for it. Indeed, what to do if a person simply cuts his finger and slightly snags the skin? In this case, the following actions must also be taken:

• must be reported to management;
• an explanatory note is taken from the victim, in which he clearly and concisely states his judgment;
• a free-form act is drawn up and signed by the employer’s representative and the employee.

Commission for an accident outside the workplace

Clauses 5-8 of Article 229 of the Labor Code of the Russian Federation provide for situations when an accident (Accident) occurs outside the workplace, but during working hours. An accident may happen to an employee while he is sent by his employer to perform a job function in another place, or simply goes to carry out instructions from management (for example, to a bank to pay bills). Let’s take a closer look at the circumstances in which an accident can occur, and also determine who will be required to form a commission to investigate it in each case. The first situation: management sent an employee to another organization to participate in production, and an accident happened to him there. In this case, according to paragraph 5 of Article 229 of the Labor Code of the Russian Federation, a commission for investigation is created by the receiving party, that is, the employer on whose territory the incident occurred. For example, a Moscow company sends a specialist to St. Petersburg on a business trip to train employees of a local organization to use the equipment. In the process of such training, the specialist breaks his arm. In this case, an organization in St. Petersburg will create a commission to investigate the NS. The second situation: management sends an employee to another organization to carry out an assignment, and there an accident happens to him. In such circumstances, the incident is investigated by a commission created by the management of the company that gave the employee the order (Clause 6, Article 229 of the Labor Code of the Russian Federation). For example, an accountant of an organization falls on a slippery floor in a bank while paying the company's bills and breaks his arm. In this case, the commission must be created not by the bank, but by the accountant’s direct employer, whose instructions he carried out. The third situation: an employee, on behalf of management, performs a task at a specially designated site of another employer, and there an accident occurs to him. The commission is then created by the employer who carried out the work, but the participation of the owner of the territory is also mandatory (Clause 7, Article 229 of the Labor Code of the Russian Federation). For example, this is possible during contract work - a contractor’s employee injured his hand while building a house on the customer’s territory. The incident will be investigated by a commission formed by the contractor, but with the participation of a representative of the customer. Fourth situation: an employee works part-time in two organizations, and at the second place of work he or she experiences a traumatic accident. In this case, the commission must be formed by the employer on whose territory this event occurred, even if this is not the main place of work of the injured employee. With the employee's written permission, his main employer may be informed about the incident. For example, a school teacher, in addition to his main job, conducts extracurricular classes at a children's center, where he injures his hand. A commission to investigate the incident is created by the management of the children's center, informing the school director about this with the consent of the teacher.