In the production process, one of the employees of the enterprise may suffer, which often entails very sad consequences. Many people know that for such an event, the director of the organization is responsible. But few people know what the scheme for considering such a case is. The current situation, as a result of which the employee received bodily injuries, is subject to mandatory proceedings. It should be carried out in the prescribed form and have a strict order. The investigation of an industrial accident and the rules for its conduct are the topic of this article.
Relevance
The procedure for investigating industrial accidents is summarized below. But first it should be said that this topic is very relevant in the conditions of a modern labor society. Occupational injuries in Russian organizations today are at an extremely high level. The crisis in the economic sphere negatively affects the conditions of work. Perhaps the point is that many enterprises today lack the proper discipline and order.
The investigation of an industrial accident is a problem that many Russian authors devote their monographs to. Specialists in the field of labor law often address issues related to the issues addressed in this article, seeking to strengthen the safety of work and improve the system for eliminating and preventing the consequences of accidents. Thanks to the analysis of occupational injuries, the following factors were identified that entailed emergencies:
- weakening of the employer's attention to the improvement and modernization of the production process;
- violation of the timing of repair work of equipment;
- shortcomings in the implementation of technological processes;
- deficiencies in the legislative and regulatory framework.
Targets and goals
The procedure for investigating industrial accidents is an event that pursues the following objectives:
- establish the cause of the accident;
- identify measures to address the factors that led to the accomplished event;
- identify the perpetrators of the violation;
- bring the perpetrators to justice;
- give benefits to the victim.
The term “accident” itself and methods for eliminating its consequences are present in the Labor Code. The legislative act refers to this event as an incident, as a result of which the insured employee received damage while fulfilling his labor duties.
It does not matter where this happened: on the territory of the employer, while traveling on company vehicles or within the walls of any other organization. The victim could be injured in another enterprise, fulfilling the instructions of his boss. In any case, a clearly established scheme should have a procedure for investigating industrial accidents. Briefly it can be said that the result of an emergency can be a temporary or permanent disability of an employee and even his death. Therefore, in such a situation, the law provides for measures that the employer must certainly take.
Who could be injured in the enterprise?
Not only employees with whom the employer has entered into an employment contract can take part in the production process. Representatives of the following categories are also located on the territory of the enterprise:
- persons who undergo vocational training;
- internship students;
- persons sent to the enterprise for the purpose of labor therapy;
- convicted, involved in labor.
What are the accidents?
The definition of an event that falls under the category of accidents also has its own order. The investigation of an accident at work begins with the establishment of the fact of the incident. Personal injury may be caused by:
- damage caused by another person;
- various thermal shocks;
- a burn;
- severe or slight frostbite;
- drowning;
- electric shock;
- exposure to lightning or radiation;
- explosion
- accident;
- the destruction of the building.
Features of the investigation
Thanks to the socio-economic, sanitary-hygienic and medical-preventive measures included in labor protection, the risk of disability of employees of the enterprise is reduced to a minimum. Of course, when it comes to organizing such a workflow in which all the rules are followed.
But even with perfectly planned work activities, it is impossible to exclude emergency incidents. To eliminate the consequences of such events, an appropriate procedure has been established. The investigation of an industrial accident pursues the legitimate interests of the victim. A complex of special insurance standards protects him from the consequences of adverse factors. These standards are resorted to in case of disability.
The procedure for investigating industrial accidents involves the performance of actions that comply with labor law. The basic requirements are formulated in Art. 227-231 of the Labor Code of the Russian Federation. The rules for the examination of disability, the establishment of a relationship between the disease and the impact of production factors are contained in by-laws.
Employer Responsibilities
During the production process at the enterprise, the employer must monitor the safety of workers during the operation of equipment, buildings, structures. The safety of the implementation of technological processes, as well as the tools, materials and raw materials that are used in the organization, must be ensured. The regulatory and legislative documents prescribe the rules for the use of funds that are able to provide collective and individual protection of employees. They also contain requirements for observing labor protection at all workplaces without exception. The employer must monitor the work schedule and rest of employees. Violations can lead to a sharp deterioration in the health of the employee, which in the subsequent investigation will undoubtedly be taken into account. The duties of the employer also include:
- the acquisition and issuance of special clothing, shoes and personal protective equipment (flushing and neutralizing substances for employees involved in work with dangerous and harmful working conditions);
- safety training and first aid in case of accident;
- preventing a person who has not undergone prior training in labor protection from entering the production process;
- regular verification of the use by employees of means providing collective or individual protection;
- organization of an extraordinary medical examination, if necessary;
- removal of an employee from the production process in the event that he has not passed a mandatory examination in one of the medical institutions;
- providing the executive authorities and trade union control officers with all the documents they need to work and carry out the investigation;
- taking timely measures to prevent accidents and other emergencies;
- investigation of all incidents and cases of the spread of various occupational diseases in the manner prescribed by the TC;
- Providing medical and preventive services and social insurance for workers.
The employer is responsible for complying with all of these standards. In the event of an unforeseen event during which there is a victim, he must take the following measures:
- organize, if necessary, first aid to the injured worker or deliver him to a medical institution;
- eliminate traumatic factors, thereby protecting other employees from the danger;
- maintain unchanged the situation in the area where the incident occurred (if this does not threaten the health of others).
- fix the situation (take a photo, make a video):
Employee Rights
The procedure for investigating a mild industrial accident allows an injured worker to take part in this event. The decision that will be made, he can always appeal to the labor inspectorate or trade union bodies. At the same time, each employee must know that his employer is responsible for any emergency event during which he received bodily harm while performing labor duties. Such situations include incidents that occurred on a business trip or en route to any other organization on behalf of the administration. The elimination of the consequences of a vehicle accident, which the employer uses for production purposes, is also his responsibility. And even minor injuries that employees of the enterprise receive during such an event require special consideration - according to the scheme, which contains the procedure for investigating a mild accident at work.
By incidents that require mandatory consideration, according to the law, it is necessary to understand any event that entailed even minor damage to the health of one of the employees and occurred not only directly at the time of the performance of any labor duties, but in all other situations related to the work process. An employee may be injured while cleaning up production equipment and special clothing while in the shower after and after a shift. Injury can be acquired in overtime. All such situations require further investigation. Therefore, each employee must certainly familiarize themselves with such provisions of regulatory and legislative acts as:
1. The procedure for the investigation of industrial accidents.
2. The rights of the employee injured in the performance of labor duties.
Lack of communication with production
The development of occupational diseases that affect people involved in hazardous work does not require a special investigation. However, they can also entail occupational disability. Factors that cause these diseases: behavioral, biological, chemical, physical. Often, not one employee can suffer from them, but several. But in such a situation, an investigation is not provided. Occupational diseases are established by medical authorities. It is the employer's responsibility to arrange an extraordinary medical examination.
Accidents for the consequences of which the governing bodies of the enterprise are not responsible include:
- suicide
- natural death;
- injury from the criminal actions of the employee.
In this case, if the employee was drunk at the factory and was injured due to alcohol intoxication, the employer is guilty of this. It is he who is obliged, as already mentioned above, to remove such an employee from work. If he did not do it on time, he is responsible for the consequences. This is the procedure for investigating industrial accidents. Russia is a country where the health and work of every citizen is protected. At least that's what the Constitution says. The employers have an enormous responsibility, which, due to the mentality and national characteristics of the inhabitants of Russia, sometimes seems overwhelming. Perhaps this is also another reason for the high level of injuries in production halls.
Accident severity
There are two categories. The procedure for investigating a serious industrial accident precedes the receipt by one of the employees of injuries that result in disability or death. Other cases are in the easy category.
Signs of severity are qualified by the nature of the injuries and complications that are associated with this injury. If the victim had any kind of chronic disease, and as a result of the incident his health condition worsened, this fact is also entered into the general case of the investigation. In determining the severity of harm to health also plays an important role the time that the employee needs to restore their disability. For a serious injury or death of a person at the workplace, his employer shall be held criminally liable if the incident was the result of a violation of the basic rules.
What is the procedure for investigating industrial accidents? First of all, a conclusion on the severity will be required. At the request of the representative of the investigative commission or the employer, employees of a medical institution in which the victim may stay for up to three days provide a special document. It is a discharge epicrisis. You should be aware that ambulances do not have such authority. They only provide first aid and do not issue any certificates.
The clinical expert commission determines the severity of the accident and its consequences. Even minor health problems must be recorded. Mild cases include:
- damage after which the employee loses his ability to work for a period of up to sixty days;
- disability no more than 20% (the victim can perform work with a decrease in the volume of professional activity by 1/5 of the previous load).
Like many other bureaucratic procedures, it is quite difficult for a non-specialist to delve into the procedure for investigating an industrial accident. The documents involved in the examination of this case include many specific words and terms. Therefore, it is advisable for each working person to study legal documents in order to avoid violation of his rights in an accident.
Severe illnesses include long-term health problems and the so-called permanent disability, which in an unprofessional language means nothing more than disability.
Priority measures
About how the employer should act in case of an accident, it was said above. It should also be noted that after the incident, he should notify the relatives of the victim as soon as possible. The phone numbers of the relatives of each of the employees at the head should be available precisely in case of emergency.
In the event of a mild accident, the trade union organization and the labor protection service must be notified. The employer must do this within twenty-four hours.
Stages
The procedure for the investigation of industrial accidents can be divided into several stages. First of all, the employer notifies the relevant authorities of the emergency. Then a commission of inquiry is created, after which experts establish the cause of the accident and its relationship with the production. The final stage is the registration of the outcome of the investigation and its inclusion in the statistical report.
The commission should include several people (by law - at least three). Among them, there must be a person who ensures the impartiality and professionalism of the investigation. It can be a specialist in the field of labor protection or an employee of a trade union body. Both the employer and his representative are entitled to head the newly created commission. However, the composition of the commission should be documented, namely, approved by order of the director of the enterprise. The party to the investigation cannot be the administrative person on whose site the investigated incident occurred.
In addition to the employer and the disinterested person, who may be a specialist hired on a contractual basis, the commission must include a person who represents the interests of the victim.
You should also be aware of the procedure for investigating an accident at work if an incident occurred with one of the employees who were sent by their supervisor to another organization. The commission is obliged to inform the employer in whose territory the emergency event occurred about its conclusion.The investigation is conducted exactly where this incident occurred. Responsibility lies solely with the employer of the victim.
An event that entails traumatic injuries to employees, and for which reason the employer did not report timely to the appropriate authorities, is considered from the moment the injured person submits a statement within a month. Such a matter does not have a limitation period.
Group accident
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As for the Belarusian labor law, there are even fewer differences with the Russian one. In emergency situations, a similar procedure for the investigation of an accident at work is provided. In this regard, Belarus has practically the same legislation as the Russian Federation.