Investigation and accounting in production. Organization of investigation and recording of industrial accidents and occupational diseases. Procedure and terms of investigation


The procedure for investigating and recording industrial accidents

Explains the prosecutor of the Troitsk administrative district of Moscow Dmitry Nikolaevich Mikhailov

Accidents at work are subject to investigation and recording in the manner established by Chapter 36 Labor Code Russian Federation. The forms of documents required for the investigation and recording of industrial accidents, and the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, were approved by Decree of the Government of the Russian Federation of August 31, 2002 No. 653.

According to Article 227 of the Labor Code of the Russian Federation, all accidents that occur at work with employees and other persons participating in the production activities of the employer (including persons subject to compulsory social insurance against accidents at work and occupational diseases) are subject to investigation and recording. , when they perform labor duties or perform any work on behalf of the employer (his representative), as well as when carrying out other lawful actions stipulated by labor relations with the employer or committed in his interests.

Events as a result of which the victims received: bodily injuries (injuries), including those inflicted by another person, are subject to investigation in accordance with the established procedure as accidents; heatstroke; burn; frostbite; drowning; defeat electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances, other health damage caused by external factors, resulting in the need to transfer the victims to another job, temporary or permanent loss of ability to work or death of the victims,

Industrial accidents subject to investigation and recording are those events that occurred:
- during working hours on the employer’s territory or in another place where work is performed, including during established breaks, as well as during the time necessary to put production tools and clothing in order, to perform other actions provided for by the internal labor regulations before starting and after finishing work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;
- when traveling to or from work on a vehicle provided by the employer (his representative), or on a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contracts;
- when going to a place business trip and back, during business trips on public or company transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;
- when traveling on a vehicle as a shift worker during a rest period between shifts (a shift driver on a vehicle, a conductor or a mechanic of the refrigerated section on a train, a member of the mail car crew, and others);
- during work on a rotational basis during rest between shifts, as well as while on a ship (air, sea, river) in free time from watch and ship work;
- when carrying out other lawful actions determined by labor relations with the employer or performed in his interests, including actions aimed at preventing a disaster, accident or accident.

To investigate the accident, the employer (his representative) immediately forms a commission consisting of at least three people. Thus, an accident that occurred at work, as a result of which an employee received minor health damage, is subject to mandatory investigation and recording. The investigation of an accident (including a group one), as a result of which one or more victims received minor injuries, is carried out by the commission within three days. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers authorized for labor protection. The commission is headed by the employer (his representative).

When investigating an accident, as a result of which one or more victims received severe health injuries, or an accident with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation or an authority local government(by agreement), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision for compliance labor legislation and other regulatory legal acts containing labor law norms. The investigation of an accident, as a result of which one or more victims suffered serious health injuries, or an accident with a fatal outcome is carried out by the commission within 15 days.

If necessary additional check circumstances of the accident, obtaining relevant medical and other conclusions, the specified period of investigation may be extended by the chairman of the commission, but not more than by 15 days.

Incidents that happen to employees taking part in the production activities of the enterprise, when they are directly performing their job duties or working on behalf of their superiors, are subject to recording and investigation.

The order and nuances of this procedure will be discussed in this article.

What does this mean?

Accidents include the following:

  • injuries (including those caused by others);
  • burns;
  • poisoning;
  • electric shocks;
  • drowning;
  • animal bites;
  • frostbite received in working hours.

Also, according to the Labor Code, these include natural disasters, accidents, explosions, as well as other externally caused health injuries that resulted in partial (total) disability of the victim.

For an incident to be considered an accident, it must occur:

  • during working hours on the territory of the enterprise or in the place where the boss sent the employee to carry out the assignment;
  • when traveling to production (back) using transport provided by the employer;
  • during business trips;
  • during shift work while on board the ship and during the rest period between shifts;
  • when committing illegal actions that are caused by labor relations with the director.

It is legally established that all responsibility for a timely organized investigation, its documentation, registration and accounting of tax assets is the responsibility of the employer (director of the enterprise).

Any disagreements related to the incident, the employer’s reluctance to conduct an investigation and draw up are considered by the court or government agencies labor inspection.

The employer is obliged:

  • until the investigation of the incident begins, maintain the situation at the place where it happened;
  • if this is not possible, you should draw up a diagram and photograph the area;
  • immediately inform the relevant authorities and authorities, as well as the relatives of the injured employee, about the incident;
  • take all necessary measures to organize an investigation of the emergency situation and fill out the necessary papers.

Procedure and terms of investigation

A special commission is created at the enterprise (it includes the employer, the employee responsible for labor protection, and members of the trade union - at least three people), which must as soon as possible find out the circumstances, establish the reasons and name those responsible for what happened.

The NS investigation process is classic. It usually begins with interviewing eyewitnesses and a thorough inspection of the scene.

Members of the commission must obtain a medical report on the severity of the victim’s injuries (this is issued by the doctors of the clinic where the employee is undergoing treatment and rehabilitation). For non-serious injuries, the investigation continues no more than three days. In case of significant severity of damage - up to 15 days. If necessary, experts - criminologists and photographers - can join the process.

All costs associated with identifying the causes and circumstances of the accident are borne by the director of the enterprise. Determining the true cause of the incident is especially important - this is necessary for the further development of safety measures for other employees. In the act drawn up by the commission, the reasons are listed in order of their importance - first the main factors are indicated, then the accompanying ones.

All local and legislative requirements must be registered regulations that were violated.

If, in the opinion of the commission, the cause of the incident was the gross negligence of the employee himself, experts during the investigation must establish:

  • the quality of fulfillment of its responsibilities in the field of labor protection by the employer;
  • whether the victim himself complied with the safety rules established at the enterprise;
  • indicate the degree of guilt of the employee in the incident.

The reports drawn up on the basis of the results of the investigation are submitted by the expert commission to the prosecutor's office and the insurance company within three days.

All the nuances of the procedure are discussed in detail in the following video:

What documents are required?

Based on the results of the investigation carried out by a special commission, an NS act is filled out in the prescribed form N-1.

The paper is filled out in triplicate for:

  • relatives of the injured employee;
  • employer;
  • insurance company.

The document must necessarily contain the following information:

  • personal data of commission members;
  • Names of eyewitnesses, injured persons and other people associated with the accident;
  • description of the scene of the incident and characteristics of the equipment whose malfunction caused it;
  • information about the injured employee - instructions, internships, whether he underwent a timely test of knowledge in the field of labor protection;
  • the circumstances under which the incident occurred - they are presented in strict time sequence.

The act must indicate the person through whose fault the incident occurred. It is signed by all representatives expert commission, a mark may be placed in the document confirming the conclusion of the state labor inspectorate. The paper is certified by the employer (head of the enterprise).

Compiled and approved document within three days after filling issued either to the victim himself or to his relatives (if the incident resulted in death).

In addition to the act, the investigation materials include other papers:

  • accident scene inspection report;
  • protocols of interviews with victims, eyewitnesses and other employees.

NS qualification

The following types of accidents will be subject to investigation, but will not be classified as work-related:

  • death of an employee from a serious illness or suicide;
  • death as a result of alcohol (drug) intoxication;
  • incidents with signs of a deliberate criminal act.

The investigation materials must contain information about the state of the employee’s workplace at the time of the incident - the degree of serviceability of the equipment, vehicles(relevant acts are drawn up and signed by all members of the expert commission).

Also during the investigation it should be established:

  • whether the necessary protective barriers and other safety measures are present at the production site;
  • are there necessary means of collective (individual) protection;
  • proper ventilation;
  • the nature and intensity of lighting in the workplace.

After an investigation of the incident has been carried out and its main causes have been established, the commission develops a set of measures aimed at eliminating its consequences.

These could be:

  • technical measures - elimination of equipment malfunctions, creation safe conditions labor in the workplace;
  • organizational – conducting;
  • organizational and technical – making the necessary amendments to regulatory documents, debugging the production process.

All NS are registered by the employer and maintained.

Reporting an incident

When the temporary disability of the victim is eliminated, the head of the enterprise sends a message to the state labor inspectorate about the consequences of the accident and the production measures taken.

The director reports serious incidents (in particular, those that resulted in death) to:

  • relevant labor inspectorate;
  • insurance company at the place of registration of the policyholder;
  • trade union body.

Regardless of the qualification of the incident all investigation materials must be stored at the enterprise for 45 years. If the organization is subject to liquidation, all documentation is transferred to the legal successor, if there is no successor - to the appropriate government agency, which implements these functions.

Industrial accidents that occur with employees and other persons, including those subject to compulsory social insurance against industrial accidents and occupational diseases, during the performance of their labor duties and work on the instructions of an organization or employer are subject to investigation and recording - individual.

Mandatory investigation of industrial accidents is provided for in Art. Art. 227 - 231 of the Labor Code of the Russian Federation. The procedure for investigating and recording industrial accidents is determined by Art. 229.2 of the Labor Code of the Russian Federation, as well as the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by Resolution of the Ministry of Labor of Russia of October 24, 2002 N 73.

If an employee receives an injury or other damage to health, the employer (his representative) is obliged to:

Immediately organize first aid for the victim and, if necessary, transport him to a healthcare facility;

Take urgent measures to prevent the development emergency situation and the impact of traumatic factors on other persons;

Before the investigation of an industrial accident begins, preserve the situation that was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to an accident, and if it is impossible to preserve it, record this situation (draw up diagrams, take photographs and carry out other events);

Ensure timely investigation of an industrial accident and its recording;

Immediately inform the relatives of the victim about the accident at work, and also send a message to the authorities and organizations determined by the Labor Code of the Russian Federation and other regulations legal acts.

In case of a group accident at work (two people or more), a serious accident at work, or a fatal accident at work, the employer (his representative) is obliged to report within 24 hours about the accident that occurred in the organization in:

The prosecutor's office at the scene of the accident;

Federal executive body by departmental affiliation;

Executive authority of a constituent entity of the Russian Federation;

The organization that sent the employee with whom the accident occurred;

Territorial associations of trade union organizations;

Territorial body of state supervision, if the accident occurred at a facility controlled by this body;

About an accident that occurred at the employer - an individual, the latter must report to:

The relevant state labor inspectorate;

The prosecutor's office at the location of the employer - an individual;

An executive body of a constituent entity of the Russian Federation, a territorial body of state supervision, if the accident occurred at a facility controlled by this body;

To the insurer on issues of compulsory social insurance against accidents at work and occupational diseases.

The employer (his representative) also reports cases of acute poisoning to the relevant sanitary and epidemiological supervision body.

To investigate an industrial accident in an organization, the employer immediately creates a commission consisting of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the trade union body or other representative body authorized by the employees. The commission is headed by the employer or his authorized representative. The composition of the commission is approved by order (instruction) of the employer. The manager directly responsible for labor safety at the site (facility) where the accident occurred is not included in the commission.

The specified employer or his authorized representative, the victim’s authorized representative, and a labor safety specialist, who may be involved in the investigation of the accident on a contractual basis, take part in the investigation of an accident at work at an individual employer.

To investigate a group industrial accident, a serious industrial accident, or a fatal industrial accident, the commission also includes a state labor safety inspector, representatives of the executive authority of a constituent entity of the Russian Federation or a local government body (as agreed), and a representative of the territorial association organizations trade unions. The employer forms a commission and approves its composition, headed by a state labor safety inspector.

At the request of the victim (in the event of the death of the victim, his relatives), his authorized representative may take part in the investigation of the accident. If the authorized person does not participate in the investigation, the employer, or his authorized representative, or the chairman of the commission is obliged, at the request of the authorized person, to familiarize him with the materials of the investigation.

In cases of acute poisoning or radiation exposure exceeding established standards, the commission also includes a representative of the sanitary-epidemiological service of the Russian Federation.

In case of an accident that occurs in organizations and facilities controlled by territorial bodies of federal mining and industrial supervision, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

An investigation into the circumstances and causes of an industrial accident that is not a group accident and does not fall into the category of severe accidents or fatal accidents is carried out by the commission within three days.

The investigation of a group industrial accident, a serious industrial accident and a fatal industrial accident is carried out by the commission within 15 days.

For each industrial accident that caused the need for the employee to be transferred in accordance with a medical report to another job, the employee’s loss of ability to work for a period of at least one day, or resulting in his death, an industrial accident report is drawn up in two copies in Russian or in Russian language and the state language of the corresponding subject of the Russian Federation.

In the event of an accident at work with an employee insured against accidents at work, an additional copy of the act on the accident at work is drawn up.

The report on an accident at work is official legal document, confirming in the prescribed manner the fact of damage to the health of the employee (in case of insured events - the insured) during the performance of his labor duties, on the basis of which issues of compensation for harm to the victim and other persons entitled to compensation for harm are resolved (Article 3 of the Federal Law "On Compulsory Social Insurance from accidents at work and occupational diseases").

In this regard, no deviations from the established form of the act are allowed, since they may subsequently cause complications in resolving these issues.

The report on an industrial accident must set out in detail the circumstances and causes of the industrial accident, and also indicate the persons who committed violations of safety and labor protection requirements. If the fact of gross negligence of the insured is established, which contributed to the occurrence or increase in the amount of harm caused to his health, the act indicates the degree of guilt of the insured in percentage, determined by the commission for the investigation of an industrial accident.

The report on an industrial accident is signed by the members of the commission, approved by the employer (his authorized representative) and certified by a seal, and is also registered in the register of industrial accidents.

The employer (his authorized representative), within three days after approval of the report on an industrial accident, is obliged to issue one copy of the said act to the victim, and in the event of a fatal industrial accident - to the relatives or authorized representative of the deceased (at their request).

The second copy of the accident report, together with the investigation materials, is stored for 45 years at the victim’s place of work at the time of the industrial accident. In case of insured events, the employer sends the third copy of the accident report and investigation materials to the executive body of the insurer (at the place of registration as an insured).

Upon termination of the temporary disability of the victim, the employer (his authorized representative) is obliged to send to the relevant state labor inspectorate, and, if necessary, to the territorial body of state supervision, information about the consequences of the industrial accident and the measures taken to prevent accidents.

The procedure for investigating and recording occupational diseases is determined by the Regulations on the investigation and recording of occupational diseases, approved by Decree of the Government of the Russian Federation of December 15, 2000 N 967.

The employer is obliged to organize an investigation into the circumstances and causes of an occupational disease in an employee within 10 days from the date of receipt of a notification from the health care institution that treated the victim about the final diagnosis of the occupational disease. It forms a commission to investigate occupational diseases, headed by the chief physician of the center of state sanitary and epidemiological surveillance of the district or city. The commission includes a representative of the employer, a labor protection specialist (or a person responsible for organizing work on labor protection), a representative of a health care institution, a trade union or other representative body authorized by employees.

Based on the results of the investigation, the commission draws up a report on the case of occupational disease within three days, after the expiration of the investigation period, in five copies intended for the employee, the employer, the center for state sanitary and epidemiological surveillance, the center for occupational pathology (health care institution) and the insurer (regional branch of the Federal Social Insurance Fund of the Russian Federation) .

In cases of disagreement that arise between members of the commission during the investigation of an accident (about its causes, persons guilty of violations, accounting, qualifications, etc.), the decision is made by a majority vote of the commission members. At the same time, members of the commission who do not agree with by decision, sign an act setting out their reasoned dissenting opinion, which is attached to the accident investigation materials.

The special opinion of the commission members is considered by the heads of the organizations that sent them to participate in the investigation, who, taking into account the consideration of the accident investigation materials, decide on the advisability of appealing the commission’s findings in the manner established by Art. 231 of the Labor Code of the Russian Federation.

Practical universal employee handbook personnel service
F.N.Filina
"GrossMedia", 2008

  • Occupational safety, accident prevention

Key words:

1 -1

Accidents that occur with employees and other persons involved in the employer’s production activities (including persons subject to compulsory social insurance against industrial accidents and occupational diseases) are subject to investigation and recording.

    • when they perform their labor duties or perform any work on behalf of the employer (his representative), as well as
    • when carrying out other lawful actions determined by labor relations with the employer or performed in his interests.

List of persons other than employees

Persons participating in the employer’s production activities, in addition to employees, include:

    1. persons undergoing vocational training or retraining in accordance with student agreement;
    2. students and students educational institutions all types undergoing practical training;
    3. persons suffering from mental disorders who participate in productive work at medical and industrial enterprises in the form of occupational therapy in accordance with medical recommendations;
    4. persons sentenced to imprisonment and forced to work;
    5. persons involved in the prescribed manner to perform socially useful works;
    6. members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities.

Investigations in accordance with the established procedure as accidents are subject to events as a result of which the victims received:

    • bodily injuries (injuries), including those caused by another person;
    • heatstroke;
    • burn;
    • frostbite;
    • drowning;
    • electric shock, lightning, radiation;
    • bites and other bodily injuries caused by animals and insects;
    • damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances, other health damage caused by external factors - resulting in the need to transfer the victims to another job, temporary or permanent loss of their ability to work, or death of the victims.

Time frame for accident investigations

Investigation of an accident that resulted in

  • one or more victims received minor damage health, carried out by the commission within 3 days;
  • one or more victims suffered severe health damage (or death), is carried out by the commission within 15 days.

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s disability did not occur immediately, is investigated in the manner established by the Code, other federal laws and other regulatory legal acts of the Russian Federation, at the request of the victim or his authorized representative within one month from the date of receipt of the said application.

If it is necessary to conduct additional verification of the circumstances of the accident, obtain relevant medical and other reports, the deadlines specified in this article may be extended chairman of the commission, but no more than 15 days. If you complete an accident investigation in established deadlines is not possible due to the need to consider its circumstances in organizations carrying out examinations, inquiry bodies, investigative bodies or in court, then the decision to extend the period of investigation of the accident is made in agreement with these organizations, bodies or taking into account the decisions made by them.

Procedure for conducting accident investigations

When investigating each accident, a commission (a state labor inspector who independently conducts an investigation of the accident)

    • identifies and interviews eyewitnesses of the incident, persons who committed violations of labor protection requirements,
    • receives necessary information from the employer (his representative) and, if possible, an explanation from the victim.

At the request of the commission in cases necessary for the investigation employer at expense own funds provides:

    1. performing technical calculations, conducting laboratory research, testing, and other expert works and the involvement of specialist experts for these purposes;
    2. photographing and (or) video filming the scene of the incident and damaged objects, drawing up plans, sketches, diagrams;
    3. provision of transport, office space, communications equipment, special clothing, special shoes and other means personal protection.

Accident investigation materials

Accident investigation materials include:

  • order (instruction) to create a commission to investigate the accident;
  • plans, sketches, diagrams, protocol for examining the scene of the incident, and, if necessary, photo and video materials;
  • documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;
  • extracts from logs of registration of labor safety briefings and protocols for testing the victims’ knowledge of labor protection requirements;
  • protocols of interviews with eyewitnesses of the accident and officials, explanations of the victims;
  • expert opinions of specialists, results of technical calculations, laboratory studies and tests;
  • a medical report on the nature and severity of the damage caused to the victim’s health, or the cause of his death, whether the victim was in a state of alcohol, narcotic or other toxic intoxication at the time of the accident;
  • copies of documents confirming the issuance of special clothing, special shoes and other personal protective equipment to the victim in accordance with current standards;
  • extracts from orders previously issued to the employer and related to the subject of the investigation by state labor inspectors and officials of the territorial body of the relevant federal executive body exercising functions of state supervision in the established field of activity (if the accident occurred in an organization or facility controlled by this body), and also extracts from the representations of trade union labor inspectors on the elimination of identified violations of labor protection requirements;
  • other documents at the discretion of the commission.

The specific list of investigation materials is determined by the chairman of the commission depending on the nature and circumstances of the accident.

Based on the collected investigation materials, the commission (state labor inspector independently conducting an accident investigation):

    1. establishes the circumstances and causes of the accident;
    2. identifies persons who have committed violations of labor protection requirements;
    3. develops proposals to eliminate identified violations, causes of accidents and prevent similar accidents;
    4. determines whether the actions (inaction) of the victim at the time of the accident were due to labor relations with the employer or participation in his production activities;
    5. resolves the issue of which employer records the accident;
    6. classifies the accident as an industrial accident or a non-industrial accident.

They are investigated in accordance with the established procedure and, depending on the specific circumstances, may be qualified as accidents not related to production :

    • death due to a general illness or suicide, confirmed in the prescribed manner by a medical organization, investigative bodies or court;
    • death or damage to health, the only cause of which was, according to the conclusion of a medical organization, alcohol, narcotic or other toxic intoxication (poisoning) of the victim, not related to violations technological process, which uses technical alcohols, aromatic, narcotic and other toxic substances;
    • an accident that occurred when the victim committed actions (inactions) qualified by law enforcement agencies as a criminal offense.

An accident at work is an insured event, if it happened to the insured or other person subject to compulsory social insurance against industrial accidents and occupational diseases.

If, during the investigation of an accident with the insured, it is established that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the elected body of the primary trade union organization or another body authorized by the employees, the commission (state labor inspector who independently conducts the investigation of the accident) establishes degree of fault of the insured as a percentage.

One copy of the investigation report

    • group industrial accident,
    • serious accident at work,
    • fatal industrial accident

along with copies of the investigation materials, including copies of reports of an industrial accident for each victim, by the chairman of the commission (the state labor inspector who independently conducted the investigation of the accident) within 3 days after submission to the employer sent to the prosecutor's office, in which this accident was reported.

Second copy the said act together with the investigation materials stored for 45 years the employer who experienced the accident.

Copies of the said act along with copies of the investigation materials are sent to:

    1. for industrial accidents that occurred in organizations or facilities controlled by the state labor inspectorate and the territorial body of the relevant federal executive body carrying out state control(supervision) in the established field of activity - to the relevant authority;
    2. at insured event- to the executive body of the insurer (at the place of registration of the employer as an insured);
    3. for accidents as a result of which one or more victims received severe health injuries, or resulting in death - in federal body executive power, authorized to exercise federal state supervision over compliance with labor legislation, and the corresponding territorial association of trade union organizations.

One of the main legally established tasks of an employer in the field of labor protection is to take measures to improve working conditions and prevent injuries and occupational diseases. But if an accident does occur, it is necessary to identify and eliminate its causes and consequences, identify those responsible, and also compensate the victim for damages.

An accident investigation is the identification, in the prescribed manner, of the causes that led to an industrial accident, and the accounting of accidents is an objective documentary recording of each such incident.

Basic legislative acts on the investigation and recording of industrial accidents - Regulations on the investigation and recording of industrial accidents, approved by Decree of the Government of the Russian Federation of March 11, 1999 No. 279; Labor Code of the Russian Federation Art. 227-231; Resolution of the Ministry of Labor and Social Development of the Russian Federation dated October 24, 2002 No. 73, approving document forms 1-9, and the Regulations on the specifics of investigating industrial accidents in certain industries and organizations. They establish a procedure for investigating and recording industrial accidents, mandatory for all organizations, regardless of their organizational and legal form, form of ownership, number of personnel and types of activities, as well as for persons engaged in entrepreneurial activity without education legal entity and those using hired labor (individual entrepreneurs).

Industrial accidents that occur with employees performing work are subject to investigation and recording. employment contract; students and students production practice; other persons involved in the production activities of the organization or individual entrepreneur in case of injury, including inflicted by another person, acute poisoning, heat stroke, burn, frostbite, drowning, electric shock, lightning, radiation, damage caused by animals, insects, reptiles, damage resulting from explosions, accidents, natural disasters, others emergency situations etc., which entailed the need to transfer the employee to another job, temporary or permanent loss of ability to work, or death.

Incidents that occur under the following circumstances are investigated and subject to recording as industrial accidents:

During working hours on the territory of the organization or outside it (including during established breaks), as well as during the time necessary to put equipment and clothing in order before starting and after finishing work, or when performing work overtime, weekends and non-working holidays;

When traveling to or from work on official transport provided by the employer, or on personal transport if it is used for production purposes by order of the employer or by agreement of the parties to the employment contract;

When traveling to and from a business trip; during a business trip (including on foot) on the instructions of the employer;

When carrying out actions that are not part of the employee’s job duties, but are performed in the interests of the employer (his representative) or aimed at preventing an accident or accident;

When involving an employee in the prescribed manner to participate in the liquidation of the consequences of disasters, accidents and other emergencies of a natural and man-made nature.

In the event of an accident at work, the employer (his representative) is obliged to take the following actions:

Organize first aid for the victim and, if necessary, transport him to a healthcare facility;

Take urgent measures to ensure the safety of other persons and prevent the development of an emergency situation;

Until the investigation of the accident begins, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to an accident. If this is not possible, record it (make diagrams, take photographs, videotapes);

Ensure timely investigation and recording of the accident;

Immediately inform the relatives of the victim about the accident at work, and also send a message to the relevant authorities determined by regulatory legal acts.

The employer is obliged to notify the insurer (FSS) of each insured event within 24 hours. An accident at work is an insured event if it occurs to an employee who is subject to compulsory social insurance against accidents at work and occupational diseases.

The legislation regulates the investigation of group (2 or more victims), severe (in accordance with the Scheme for determining the severity of health damage in industrial accidents, approved by order of the Ministry of Health and Social Development of the Russian Federation of February 24, 2005 No. 160), fatal accidents, and individual accidents entrepreneurs.

The employee is obliged to immediately notify his immediate or superior supervisor about an accident or a deterioration in health due to signs of an acute illness (poisoning) caused by work activity.

To investigate an accident, the employer immediately creates a commission consisting of an odd number of members (at least three people). The commission includes the following persons:

A labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer;

Employer representatives;

Employee representatives;

Representatives of the trade union body;

Occupational Safety and Health Commissioner.

At the decision of the insurer, its representative may also participate in the investigation. The commission is headed by the employer or his authorized representative. The composition of the commission is approved by order (instruction) of the employer. The manager directly responsible for labor safety at the site (facility) where the accident occurred is not included in the commission. Participating in the investigation of an industrial accident at an individual employer is the employer himself or his authorized representative, an authorized representative of the victim, and a labor protection specialist, who may be involved in the investigation of the accident on a contractual basis. An industrial accident that occurs to a person sent to perform work for another employer is investigated by a commission formed by the employer who experienced the accident. This commission includes an authorized representative of the employer who referred the person. To investigate a group, serious, fatal accident, the commission also includes a state labor protection inspector, representatives of the executive authority of a constituent entity of the Russian Federation or local government (as agreed), and a representative of the territorial association of trade union organizations. The employer forms a commission and approves its composition, headed by a state labor safety inspector.

Each injured worker or his authorized representative has the right to personally participate in the investigation of an industrial accident. If the authorized person does not participate in the investigation, the employer or his authorized representative or the chairman of the commission are obliged, at the request of the authorized person, to familiarize him with the materials of the investigation.

An investigation into an industrial accident that is not a group accident and does not fall into the category of severe or fatal is carried out by the commission within three days. The investigation of a group industrial accident, a serious industrial accident and a fatal industrial accident is carried out by the commission within 15 days. An industrial accident, which was not reported to the employer in a timely manner or as a result of which the victim’s incapacity for work did not occur immediately, is investigated by the commission upon the application of the victim or his authorized representative within one month from the date of receipt of the said application. If it is necessary to conduct additional verification of the circumstances of the accident, obtain relevant medical and other conclusions, these periods may be extended by the chairman of the commission, but not more than by 15 days. All costs associated with the investigation will be paid by the employer.

For each industrial accident that necessitated the transfer of the employee in accordance with a medical report to another job, the loss of the employee’s ability to work for a period of at least one day, or which resulted in his death, the appropriate document forms are filled out, including the following:

Notification of a group (severe, fatal) accident;

Form N-1 Act No. ___ on an industrial accident (Appendix 5);

Act on the investigation of a group accident (serious, fatal);

Conclusion government inspector labor;

Protocol of interviewing a victim in an accident (eyewitness, official);

Protocol of inspection of the accident scene;

Reporting the consequences of an accident at work and the measures taken.

The report on an industrial accident must set out in detail the circumstances and causes of the accident, and also indicate the persons who committed violations of labor protection requirements. If it is established that the gross negligence of the insured contributed to the occurrence or increase in the amount of damage caused to his health, the act indicates the degree of guilt of the insured as a percentage. It is determined by the commission to investigate an industrial accident and is subsequently taken into account when determining the amount of insurance coverage for compulsory social insurance against industrial accidents and occupational diseases.

The report on an industrial accident is signed by the members of the commission, approved by the employer (his authorized representative) and certified by a seal, and is also registered in the register of industrial accidents.

The employer (his authorized representative), within three days after approval of the act, is obliged to give one copy to the victim, and in the case fatal outcome- relatives or authorized representative of the deceased (at their request). The second copy of the accident report, together with the investigation materials, is stored for 45 years at the victim’s place of work. In case of insured events, the employer sends the third copy of the accident report and investigation materials to the executive body of the insurer.

The following cases are subject to investigation and are classified as accidents not related to production, with the registration of a free-form report:

Death due to a general illness or suicide, confirmed in accordance with the established procedure by a health care institution and investigative authorities;

Death or damage to health, the sole cause of which was (according to the conclusion of a health care institution) alcohol, drug or toxic intoxication (poisoning) of an employee, not associated with violations of the technological process, where industrial alcohols, aromatic, narcotic and other similar substances are used;

An accident that occurred when the victim committed an offense that, according to the conclusion of law enforcement agencies, contains signs of a criminal offense.

A free-form report along with investigation materials is stored for 45 years.

The state labor safety inspector, upon identifying a hidden industrial accident, receiving a complaint, statement from the victim, his authorized representative or relatives about their disagreement with the conclusions of the investigation commission, conducts an investigation of the industrial accident, regardless of the statute of limitations, as a rule, with the involvement of a trade union inspector labor, and, if necessary, a representative of another state supervisory body.

Based on the results of the investigation, the state labor protection inspector draws up a conclusion and also issues instructions that are binding on the employer.

The state labor safety inspector has the right to oblige the employer to draw up a new report on an industrial accident if the existing report is drawn up with violations or does not correspond to the materials of the accident investigation.

Disagreements regarding the investigation, registration and recording of industrial accidents, non-recognition by the employer of an accident, refusal to conduct an investigation and draw up an act, disagreement of the victim or his authorized representative with the contents of this act are considered by the relevant state labor inspection bodies or the court. But in these cases, filing a complaint is not a basis for the employer’s failure to comply with the decisions of the state labor protection inspector.



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