No matter how well the leader and his subordinates monitor the safety at work, such moments still arise when people suffer. This does not necessarily happen due to negligence, maybe the equipment just went into disrepair, because it wears out more often than before the end of its service life. Well, if everything worked out, and the injuries were slight, and what to do when people die? What is the concept of an industrial accident?
How is the investigation conducted?
An accident investigation is carried out on the basis of Article 229 of the Labor Code of the Russian Federation. To do this, the employer must immediately create a commission headed by the head of the enterprise and representatives authorized by him. The composition of the commission is approved by appropriate order. It consists of several people who are responsible for such events:
- labor protection specialist;
- several representatives of the employer;
- union representative or person authorized by workers to speak on their behalf.
It is worth remembering that the person responsible for security at this particular site or facility should not be part of the commission.
If the incident happened to the person who was sent to work for another employer, then the commission should be created by the head, in whose enterprise the trouble happened.
After the commission is created, it should immediately begin to work and carefully consider all the circumstances of the case. The concept of an accident at work is a very important point, and each manager must respond quickly to any offense regarding labor safety.
The concept and types of accidents
All types of accidents that have occurred with a person are divided into two types: industrial (they occur directly at the workplace or at the time specified by the contract) and domestic (occur in their free time and are not related to production, even if they occurred at work).
Accidents do not include accidents that occurred during working hours, but when an employee commits a crime, for example, when embezzling property of an employer. But injuries and other troubles that occurred before the start of the shift and after it can be considered an industrial injury.
There are accidents without loss of ability to work, these include microtraumas. There are also cases of temporary disability for one day or more, with disability or fatal outcome. In addition, there are single and group accidents.
If a worker used agricultural machinery during a working day, and an accident occurred, then he is qualified due to the occurrence of:
- due to vehicle malfunction;
- due to poor road conditions;
- insufficient qualifications of the employee (he was not fully trained in the management of equipment), low labor discipline.
What accidents must be investigated?
We examined what constitutes an industrial accident, the concept and types, but the question arises, do they all fall under investigation? You can only answer in the affirmative.
It is necessary to investigate all incidents that affected workers and other persons participating in the production activities of the enterprise. The expanded concept of an industrial accident has its own form: an accident is an incident as a result of which a person received:
- injuries, including if they were caused to him by another employee;
- heatstroke;
- burns of various degrees;
- frostbite;
- drowning;
- Damage by radiation, electricity or lightning;
- bites and injuries caused by insects or animals;
- explosions, accidents, destruction of buildings, natural disasters and special circumstances;
- other effects of external factors adversely affecting human health.
What time should an event occur to be considered a work injury?
The wording of the concept "industrial accident" can be applied if the events occurred:
- during a shift in the territory of the employer or in the place where he was sent by the immediate superior. This also applies to breaks, the implementation of various, prescribed by the internal regulations, actions before or after a work shift, during overtime work, but only if there is an order to work beyond the specified time;
- while traveling to the immediate place of work or in the opposite direction on the employer's transport or on any other, if it is used for production purposes by order of the employer or by agreement of the parties to the contract;
- during the trip to the place where the worker was seconded, as well as when moving to the place of work, where the worker was sent by the representative of the employer or by him personally to carry out this or that order;
- if the type of work involves a shift, then during the rest between the shifts, if the employee is on any type of ship;
- when performing any other actions stipulated by the employment contract.
The concept of industrial accidents and occupational diseases
Often an accident at an enterprise means an occupational disease that has occurred due to prolonged exposure to hazardous work, resulting in temporary or permanent disability.
The acute form of the disease, as a rule, is a one-time exposure of a worker to a harmful production factor that leads to disability. It can be either temporary or permanent.
A chronic form of a professional ailment is a pathology that has occurred as a result of the employee’s prolonged exposure to an environment harmful to his health, as a result of which he is temporarily unable to perform his professional duties or on an ongoing basis.
That is why the concept of an industrial accident also applies to occupational poisoning by the insured person.
Accident investigation
The concept of an industrial accident requires a thorough investigation. An formed commission should find and conduct a conversation with all eyewitnesses of the incident, identify persons who have violated safety requirements, and obtain the necessary information from the management and victims if they are able to testify. During the survey, it is necessary to maintain the appropriate protocol in form 6, which is established by Decree 73.
After inspecting the place where the incident happened, the commission keeps a protocol, but draws it up in form 7. If you need something, you can ask the employer:
- an order to create a commission whose duties will include the investigation of all accidents;
- sketches, diagrams, plans for inspecting the place where the accident happened;
- documentation that characterizes the workplace, the presence of factors harmful and dangerous to humans;
- extracts from the registration journal of the passage of workers safety measures;
- eyewitness interview polls;
- expert opinions of specialists;
- documentation confirming that the worker received all the necessary workwear;
- other documents at the discretion of the commission.
Based on all these documents, the commission makes a verdict through whose fault the tragedy occurred.
What is the time frame for an investigation?
For the investigation of accidents that are not difficult, the commission is given three days, and for group "heavy" incidents it can take up to two weeks.
If the management of the enterprise was not informed about the accident in a timely manner, or the victim did not immediately lose his ability to work, then the investigation lasts for 30 days from the moment the application was received.
If necessary, if there are not all documents or accurate data on the condition of the victim, then the investigation can be extended for another two weeks.
Sometimes it is not possible to make a conclusion of the commission on time, the various factors can prevent this. For example, you need to thoroughly check the conclusion, additionally interview the victims or get some other data. In this case, the decision on the extension period is made by the relevant authorities.
The terms of consideration of all the nuances of the accident are calculated in calendar days from the moment the order was signed by the head of the enterprise. But it is worth remembering that it is strictly forbidden to conduct an investigation less than the specified period in the Labor Code.
Definition of “industrial accident”: proper execution of investigation documents
On the occasion of a work that is considered unfortunate, as a result of which the victim had to search for a new job, he was temporarily disabled or has a fatal outcome, the commission draws up an act in the form specified in Resolution 73.
The certificate is issued in duplicate; if the victim is an insured person - then in three with equal legal force. And if there are several victims, then such a document is issued to each of them.
Each victim can read in the act which wording of the concept of an accident at work was issued by the commission, what causes and circumstances led to the accident, persons guilty of safety violations, as well as the degree of guilt of the victim himself are indicated.
The act is signed by all members of the commission, then the document is approved by the head and certified with a seal.
findings
We tried to explain in detail what the concept of an accident at work, the procedure for the investigation and the timing of all activities that help to understand all the nuances of the case. Each person who enters work should be sure to get acquainted with all the nuances of the investigation, so that later he knows exactly how everything should go. Also, each future leader should know exactly what to do if a worker suddenly gets injured at his enterprise in order to immediately begin an urgent investigation and notify all relevant services.