What is the procedure for an industrial accident?

Occupational accidents can occur for various reasons. This may be due to improper actions by the employee, obsolete equipment or other factors. In this case, the correct procedure for an accident at work should be taken into account. Certain actions must be performed by both employees and employers. For this, usually a special instruction is formed in the company, which is fixed in the internal regulatory documentation of the company. The main purpose of such measures is to reduce the negative consequences of an accident.

Event Features

Correct and consistent actions in the event of an industrial accident should be performed by both employees and company executives. Information about such an event is contained in Art. 277 shopping mall. This situation is represented by an employee receiving injuries or harming the health of a citizen during the performance of labor duties.

The employer must correctly respond to this situation, for which they generate the necessary documents, conduct an investigation, and also list certain payments to the employee.

Where an accident may occur

Industrial accidents, subject to competent execution by the management, can occur in the following situations:

• direct performance of labor duties in the company;
• during a trip on a business trip;
• during shift work;
• during the lunch break, during which the citizen is on the territory of the company.

The amount of payment that an employee of the company can count on depends on whether such a situation is recognized as production.

Employer Responsibilities

Each company leader must know how industrial accidents are registered in the Russian Federation. To do this, the following actions should initially be performed by the manager:

• first, assistance is provided to the victim, which helps reduce the negative consequences of the event;
• an incident is being investigated, for which a special commission is being created, and the purpose of this process is to identify the causes of the situation, as well as identify the culprits;
• notified state authorities of the accident;
• necessary official documentation is filled out.

Only after an investigation and examination of the information received, a decision is made by the head on the appropriateness and necessity of transferring certain payments to the employee. Investigation and registration of industrial accidents should be carried out taking into account the requirements of the law.

How to do an employee

Employees of companies should know what accidents at work are paid by the employer in full and what actions they must take to correctly design such an event. In manufacturing companies, all employees must be insured against accidents. After the occurrence of such an event, the employee performs the following actions:

• the head of the company is notified as soon as possible about this event;
• Based on this notification, an investigation begins, at the end of which a protocol is formed;
• the injured employee must be familiar with this document, after which he puts his signature on it;
• if a citizen gets to the hospital after this event, he must inform the doctor all the details of the incident, since on the basis of this information the optimal amount of compensation is determined;
• if the employer wants to hide the blame, therefore, invites the employee to arrange the event as a personal injury, you should be aware that in this case the employee will have to pay for his treatment;
• when you receive a sick leave certificate in a hospital, it is important to make sure that it has code 04 on it.

Only if the correct procedure is followed in case of an industrial accident, can we count on the competent registration of the event, as well as on the transfer to the employee of the due payments.

Based on Art. 229 TC, an accident at a workplace can be executed at any time, since in such cases there is no limitation period. If the head of the company for various reasons hides this event from state organizations, then the employee can file a complaint with the labor inspectorate or court.

What actions are performed by other employees

Each employee of the company must know the instructions for industrial accidents. If a citizen becomes a witness to such an event, then he performs the following actions:

• each employee during employment must undergo training in labor protection, on the basis of which he is given a full briefing on the correct actions to be taken in case of accidents;
• initially it is necessary to immediately inform the employer about the incident, as stipulated in art. 21 shopping malls;
• if possible, the injured employee is provided with first aid;
• the victim is freed from the source of danger, and it is also advisable to evacuate him from the premises;
• various measures are being taken to eliminate the emergency;
• an ambulance is called;
• if necessary, rescuers are called;
• if there is no opportunity to call doctors to the company, the injured worker is transported to the hospital on his own.

If the correct procedure is followed in case of an accident at work, this will make it possible to correctly designate the incident. During the investigation, company employees must provide the most detailed and reliable information about the situation in the company.

The above instructions are only approximate, so the actions may vary slightly depending on the characteristics of a particular accident, as well as on how severe the consequences for the employee are.

Further actions of the employer

The procedure for an accident at the work of the head of the company is fixed in Art. 228 TC. To do this, the following rules are taken into account:

• as soon as the employer receives information that such an incident has occurred in his company, an ambulance is necessarily called or the victim is transported to the hospital;
• if necessary, provide first aid to the employee, and for this the company must have a full-time medical officer;
• it is the company’s administration that must take care to prevent other negative consequences of the accident, and if there is no opportunity for self-liquidation of the consequences, then emergency services are called;
• It is the employer's responsibility to ensure the integrity of the place where the accident occurred, as this room will be carefully inspected and examined by the commission investigating;
• if it is not possible to suspend work, the head of the company independently fixes all the features of the scene of the incident, for which he takes photos or videos;
• based on Art. 228 TC management must notify the controlling authorities about the incident, and if all organizations are not notified, then fixing the accident is easily recognized as illegal, therefore management is held accountable.

The head of the company must take care of the formation of the commission. Her responsibilities include investigating an industrial accident. Documents required for this process are transferred to the members of the commission. Specialists study not only the documentation, but also the immediate scene of the incident, as well as photographs and videos taken immediately after the event. Based on the completed process, a special opinion is drawn up. It is sent to the FSS along with a sick leave received from the hospital where the injured worker is located. Based on this documentation, compensation is awarded to the citizen.

Work Injury Rules

A serious industrial accident can lead to many negative consequences. The procedure is established by law and local internal documents. Often after such an event, it is required to issue an industrial injury to an employee of the company. To do this, the following steps must be performed:

• the incident is properly executed initially, and the victim is also transported to a medical facility;
• safe conditions are created for the further work of other employees of the enterprise;
• the prosecutor's office, insurance company and other state bodies are notified of the accident;
• an investigation committee is being formed;
• the committee may carry out an investigation of both an individual emergency and a group;
• interviewed the victim, officials and witnesses of the incident, which will help to form an accurate picture of this event;
• for each person who is being interviewed, a separate survey sheet is formed;
• the scene of the incident is inspected, for which all details are recorded using photographs or videos;
• all received data is entered in a special journal created specifically for the investigation;
• Further, a medical report is requested at the hospital, which indicates the severity of the injuries received by the employee, and this document should contain information about the medical institution, patient and time of fixation of the emergency.

The consequences of such an event depend on how quickly assistance will be provided in case of an industrial accident.

Who is included in the commission

The act on an accident at work is drawn up by a special commission. She is formed by the head of the enterprise immediately after the occurrence of the incident. It includes the following persons:

• a labor protection specialist who can be replaced by another responsible person endowed with the necessary authority by order of the employer;
• union representative;
• other specialists who may work in the company or be attracted from outside.

The head of the commission is the direct head of the enterprise. The main objective of the work of such a temporary body is the study of the features, causes and consequences of a serious accident at work. The procedure depends on the nuances of the incident.

The head of the company may appoint his representative or deputy head of the commission, for which an order is issued to transfer the relevant powers. Be sure to include in the commission an employee of the company who transferred the task to the victim, as a result of which an accident occurred. A labor safety officer cannot act as a representative of management. He guarantees that the investigation will be competent, reliable and objective. His responsibilities include control over the correct recording of all the results of the investigation.

What is the investigation for?

Based on the results of the investigation, you can solve several problems at once, as well as get answers to numerous questions. Therefore, an investigation is required for the following purposes:

• establishing the reason why the incident occurred;
• identification of perpetrators of emergency;
• detection of all negative consequences of the event;
• making the necessary changes to the provision on labor protection;
• prosecution of perpetrators of the incident;
• competent registration of the accident;
• accrual of necessary compensation to the victim;
• notification of supervisory authorities about the results of the audit.

Workers need to know which industrial accidents are official and are accompanied by the receipt of necessary payments. If as a result of the investigation it is established that the injury is a household one, then the victim will have to undergo treatment at his own expense.

What are the documents

The commission set up to conduct the investigation is required to draw up many documents at the end of this process. Based on the provisions of the TC, responsibility for all accidents occurring on the territory of a manufacturing enterprise should be assigned directly to the head. Therefore, the commission must transfer the following documents to the investigative committee:

• a plan and diagram showing how the incident arose;
• photos and videos from the place where the incident occurred;
• inspection report of the premises;
• a detailed written description of the workplace, in which all dangerous or harmful factors that could contribute to the occurrence of an accident are noted;
• a copy of the journal, which contains information on whether the injured were instructed in labor protection;
• written testimonies;
• conclusion drawn from the test results;
• a medical report stating the severity of the injuries sustained by the employee;
• if the employee dies, an act of body examination is required;
• documents confirming that the employee was given special protective clothing and other personal protective equipment before work.

All of these documents are mandatory, regardless of the severity or severity of the incident. Any member of the commission has free access to each paper, therefore, if necessary, can study all the documentation.

What data is entered into the investigation log

The journal is transmitted to the investigating authorities together with other documents, and a copy of it is stored at the enterprise. The following information is entered into it:

• it is indicated whether the injured worker was an officially employed employee of the enterprise;
• causes of the situation are given;
• The circumstances of the incident are listed;
• it is indicated whether the employee has committed unlawful actions that ultimately led to an accident;
• it is written whether the perpetrator or the persons involved in the incident are identified.

The journal additionally contains information about the direct employee. For this, information from his work book, employment contract and other documents is used.

What compensation is paid to the employee

If, as a result of an accident, the employee's health worsens, an occupational disease or a certain disability group takes shape, then certain means are necessarily transferred to the specialist. If a citizen dies, then compensation is paid to his relatives.

The following items are included in the compensation:

• lost salary for the entire period of disability;
• treatment costs;
• rehabilitation costs;
• if the employee dies, relatives receive compensation for organizing the relevant events related to the funeral.

Part of the compensation is paid to the FSS after the employer sends the investigation results and other documents related to the state of emergency to the fund.

If an accident occurs that is not related to production, the employee will not be able to count on compensation from the management of the company.

Conclusion

Occupational accidents can occur for various reasons. They must be properly executed, for which certain actions are carried out by employees and employers.

Be sure to conduct an investigation in the company, for which an appropriate commission is formed. Based on the audit, a certain compensation is assigned to the employee.