The task of every employer is to create safe working conditions. Automation of production processes, the availability of personal protection contribute to the rationalization and increase of labor efficiency, but despite the observance of safety rules, work-related injuries are not ruled out. Talk about the timing of the investigation of an accident at work.
Responsibility
According to the Labor Code of the Russian Federation, the employer is responsible for:
- safety of workers in the labor process;
- safe operation of equipment, tools, materials, raw materials, buildings and objects;
- proper use of personal protective equipment;
- conducting safety training courses, medical assistance, internships for employees;
- the organization of diverse types of safety briefing;
- timely implementation of the SOUT (special assessment of working conditions) ;
- timely medical examination;
- meeting the deadlines for investigating industrial accidents.
Employer Responsibilities
The employer must follow the sequence of actions, taking into account the time frame for the investigation of industrial accidents.
The employer in emergency situations will:
- arrange for immediate medical attention;
- take measures to prevent the further development of the accident;
- until the commission arrives and the start of the period for investigation of an accident at work, keep the situation unchanged;
- if possible, make a video;
- inform government agencies;
- to carry out all the actions necessary to ensure an objective investigation in accordance with the law.
At the expense of the employer are provided:
- technical calculations;
- laboratory analysis, testing;
- carrying out work by specialists, research by experts;
- photo and video materials from the scene;
- drawing up diagrams, plans, sketches;
- vehicles, communications, premises, overalls, etc. for investigation.
Injury
Injury falls into the production category, if it is fixed:
- during working hours and at the place of work;
- when using transport for the purpose of following to work, on a business trip;
- in the interval between shifts (shift method);
- when performing actions in the production interests.
The concept of an industrial accident
Within the time limits established by law, the investigation of industrial accidents is carried out when:
- frostbite;
- electric shock, lightning, radiation;
- burns;
- drowning;
- bites of animals, insects;
- bodily harm by others;
- injury due to the destruction of structures, structures or buildings, accidents, explosions, natural disasters;
- other damage resulting in permanent or temporary loss of work ability by an employee or his death.
Injured
The legislation defines a list of entities that may become affected in an industrial accident. In accordance with Art. 227 of the Labor Code of the Russian Federation, they include employees of the enterprise and persons involved in the production process, performing labor duties or work on the instructions of the employer (his representative) or other legitimate actions on behalf of / in the interests of the employer.
Within the time period set for the investigation of an accident at work, the commission examines the testimonies of the participants, witnesses of the incident, employees who violated regulatory requirements, requests information from the employer, and records the explanations of the victim.
Documentation
Materials for investigation:
- an order to establish a commission of inquiry issued by the employer;
- materials from the scene;
- documents containing a description of the workplace, its condition, presence and level of exposure to harmful factors;
- extracts about the passed briefing on labor protection and examination of knowledge of the victims;
- protocols of interviews of witnesses, officials, victims;
- expert opinions;
- medical certificates on the severity of the harm received, causes of death, on the sobriety of the victim;
- copies of documents on the receipt of work clothes for the victims;
- instructions of state inspectors on labor protection;
The commission of inquiry, if necessary, may request other documents as well.
After analyzing the materials provided, the commission determines the causes, establishes the characteristics of the accident, the guilt of the victim, determines the violations by the participants in the incident. Based on the conclusions made, the amount of insurance payment is determined.
How and who to notify
The employer notifies the authorities authorized to monitor the implementation of the provisions of the Labor Code, as well as the prosecutor's office, local authorities, the territorial union of trade unions no later than one day after the incident, if more than 2 people were injured, serious injuries were recorded or death was established. A report must be drawn up before the end of a rock accident investigation . It indicates the causes of the accident, the nature of the damage and other essential information.
Commission
The responsibility for its formation rests with the employer. The commission should include at least 3 people:
- OT specialist or person responsible for organizing OT work;
- representative of the elected body of the union;
- representative of the employer.
The commission should be headed by the employer or his representative. In cases established by the TC, the commission is managed by an official of the federal executive structure that exercises control and oversight functions. The specified procedure is fixed by 229 articles of the Labor Code.
In case of poisoning, exposure to radiation in the commission there is a representative of the sanitary-epidemiological service of the Russian Federation.
In the investigation of an accident (including a group one) as a result of which the injured suffered serious health injuries or the victim died, the commission includes a state labor inspector, a representative of the local executive authority, and a representative of a territorial trade union.
Investigation Procedure
The regulations on the specifics of conducting accident investigations in individual industries and enterprises, as well as the form of documents used in this case, are approved by the executive power structure authorized by the Government of the Russian Federation.
Based on the materials of the investigation, an act is drawn up and sent by the commission to the local prosecutor’s office within three days, copies of the acts are sent to the state inspectorate and the FSS. A copy of the act remains with the employer.
Events, conditions of the investigation are established by the chairman of the commission.
If an accident occurred with an employee in the process of performing part-time work, the investigation is carried out at the scene.
Dates of investigation of industrial accidents
They are determined, first of all, by the severity of the harm caused. It is determined by a special medical commission. Equally important are the circumstances of the incident. What are the deadlines for investigating industrial accidents? They are calculated in calendar days:
- Light damage to health corresponds to disability for a period of up to 60 days. According to the Labor Code of the Russian Federation, the investigation period for a mild accident at work is no more than three days.
- Serious are injuries, injuries and other injuries that pose a danger to life / health, which can cause significant or moderate impairment of the functions of the damaged system or organ. The term for investigating a serious industrial accident is 15 days.
- In the event of the death of an employee on his behalf, a relative or a proxy takes part in the investigation of the incident. The deadline for investigating a fatal industrial accident is 15 days.
If there are 2 or more victims, the accident is called a group. The terms of investigation of group industrial accidents are also determined depending on the severity of the damage.
In practice, it happens that the employer was not informed about the accident in a timely manner or as a result of the incident, the victim did not immediately become disabled. According to the Labor Code, the term for investigating industrial accidents in such situations is 30 days. Calculation is carried out from the date of receipt of the application from the victim or his proxy.
Act
For each incident that necessitated the transfer of an employee to another job, loss of working capacity for at least 1 day or the death of the victim, an act is drawn up in 2 copies. The need for translation is confirmed by a conclusion issued by the medical commission in the manner established by federal legislation or other regulatory acts. In a group accident, an act is issued for each employee separately. If the insured person is the victim, a third additional copy of the document is drawn up.
The act sets out in detail the causes and circumstances of the accident, indicates the name and position of persons who have violated safety rules in the workplace and the requirements of OT. If as a result of gross negligence of the insured subject, damage to his health has occurred or increased, the degree of his guilt (in percent) shall be indicated in the document.
After the investigation is completed, the act must be signed by all persons participating in it. The document is approved by the employer (representative of the employer), certified by the seal (if any).
Non-production cases
For non-production cases, an act is drawn up in an arbitrary form. These should include:
- death due to a disease not related to professional activity, suicide, confirmed by medical conclusion and investigative examination;
- death and injury due to the use of alcoholic beverages, drugs;
- injury sustained in the commission of a criminal offense.
Prescription period
The legislation does not establish a statute of limitations for investigating an accident at work. In this regard, refusal to investigate at the request of the victim or his agent (relative) is not allowed.
When changing the ownership form of the enterprise or its liquidation, the investigation is carried out by the state labor inspector with the participation of the insurer and the trade union representative.
Extension of the investigation into an industrial accident
The absence and untimely arrival of the commission members cannot serve as a basis for increasing the period allotted for the investigation.
In practice, far from always authorized persons manage to complete the study of materials within the time period provided for by law. The need to extend the investigation period may be due to various reasons. In difficult cases, for example, additional examination, medical examination may be required.
The decision to increase the term is made by the chairman of the commission. To extend the period, however, can be no more than 15 days. If, even after this, the investigation cannot be completed within the prescribed time, due to the need to consider the circumstances of the incident in the institutions conducting the examination, investigation / inquiry bodies or in the courts, the decision to increase the time limit is taken after it has been agreed with the indicated structures and taking into account them regulations.
Issued in accordance with the rules provided for in the Labor Code, accidents are recorded in the prescribed manner in the register.