How is an accident investigation commission formed? Accident Commission Commission on Industrial Accidents.

The activities of the commission to investigate an occupational disease have many similarities with the work of the commission to investigate an industrial accident, but at the same time there are also important differences that relate to such issues as:

• who heads the commission to investigate occupational diseases;
• the number and composition of members of the commission to investigate occupational diseases;
• terms and time frames when investigating an occupational disease.

Who heads the commission to investigate occupational diseases?

If according to Art. 229 of the Labor Code of the Russian Federation, the chairman of the accident investigation commission can be either the employer (his representative) or, in particularly difficult cases, a state labor inspector, then, based on the requirements of the Regulations on the investigation and recording of occupational diseases (approved by Decree of the Government of the Russian Federation of December 15, 2000 No. 967 ), the commission to investigate the occupational disease is headed by the chief physician of the Center for State Sanitary and Epidemiological Surveillance, who supervises the facility where the disease was registered.

Who is on the commission to investigate occupational diseases?

In contrast to the requirements imposed by labor legislation for the organization of a commission investigating an accident, the composition of the commission on occupational diseases, in addition to:

• employer representative;
• occupational safety specialist;
• a person authorized by the employees (for example, a representative of the trade union committee),

additionally included:

• employee of a medical institution;
• as well as other specialists.

And in both cases it is stated that both the victim himself and his representative have the right to participate in the investigation.

Also, in the Regulations on the investigation of occupational diseases there is no clause present in the Regulations on the investigation of industrial accidents in certain industries and organizations (Appendix No. 2 to the Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73), with the requirement for a mandatory odd composition of commission members and there is no prohibition , similar to what is present in Art. 229 of the Labor Code of the Russian Federation, for the inclusion in the commission of persons directly responsible for the implementation of labor safety standards in the area where the accident occurred with the employee.

Terms and time frames for the activities of the commission to investigate occupational diseases

If, in a situation where an accident occurs to an employee while performing his official duties, the employer is obliged to immediately issue an order to form a commission and begin an investigation, then upon receiving information about the disease, he is obliged to do this only within the next ten days. And, what is important, not from the moment a deterioration in the employee’s health is identified, but from the moment the organization receives a notification about the establishment of a final (not preliminary) diagnosis. Responsibility for sending out the relevant notice lies with the Center for Occupational Pathology.

Another difference in the requirements for investigations concerns the timing of the commissions:

• accidents must be investigated within three days. In case of a group accident, with serious health consequences or death, this time period increases to 15 days;
• The regulatory documents regulating the investigation of occupational diseases currently do not contain clear requirements for the duration of the commission’s work. In the above-mentioned Regulations, approved. Decree of the Government of the Russian Federation dated December 15, 2000 No. 967 only states that the head of the organization, after completing the investigation, must, within a month, prepare and put into effect an order to take specific measures to prevent occupational diseases on the basis of a report on the case of occupational disease.

Composition of the commission to investigate a minor accident at work

To investigate a minor accident at work (Article 229 of the Labor Code of the Russian Federation) in an organization, the employer immediately creates a commission consisting of at least 3 people.

The commission includes:

Employer representatives;

Representatives of the trade union body or other representative body authorized by employees, the Occupational Safety and Health Commissioner.

The commission is headed by the employer or his authorized representative. The composition of the commission is approved by order of the employer.

The following persons take part in the investigation of a minor accident at work for an individual employer:

The employer or his authorized representative;

The victim's proxy;

An occupational safety specialist who may be involved in the investigation of an accident and 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. The commission includes an authorized representative of the employer who referred the person.

An accident that occurs with an employee of an organization performing work in a designated area of ​​another organization is investigated and taken into account by the organization performing this work. In this case, the commission that conducted the investigation of the accident informs the head of the organization on whose territory the work was carried out about its conclusions.

Each employee or his authorized representative has the right to personal participation in the investigation of an accident at work that has occurred to him.

The composition of the commission when investigating a minor accident at work in an organization includes: the employer or his representative (chairman of the commission), an occupational safety engineer, and a representative of the trade union body.

The composition of the commission when investigating a minor accident at work with an individual employer includes: the employer or his representative (chairman of the commission), an occupational safety engineer, and a proxy of the victim.

In all cases, the composition of the commission must consist of an odd number of members.

The investigation of accidents (including group accidents) that occurred in an organization or at an employer - an individual, as a result of which the victims received injuries classified in accordance with the established qualifying criteria as minor, is carried out by commissions formed by the employer (his authorized representative) in accordance with with the provisions of parts 1 and 2 of Article 229 of the Code, taking into account the requirements established by these Regulations. Persons exercising (exercising) direct control over the work of the victim are not included in the commission.

Accidents that occur with persons sent in the prescribed manner to perform work for another employer and who worked there under his leadership and control (under the leadership and control of his representatives) are investigated by a commission formed and headed by this employer (his representative). The commission includes an authorized representative of the organization or employer - an individual who sent the mentioned persons.

Accidents that occur on the territory of the organization with employees of third-party organizations and other persons during the performance of their labor duties or tasks of the employer (his representative) who sent them are investigated by a commission formed and headed by this employer (his representative). If necessary, the commission may include representatives of the organization to which the given territory is assigned on the basis of ownership or lease rights.

Accidents that occur with employees and other persons performing work on the instructions of the employer (his representative) at a site allocated in accordance with the established procedure by a third-party organization are investigated by a commission formed and headed by the employer (his representative) performing the work, with the mandatory participation of a representative of the organization, at the territory in which this work was carried out.

Accidents that occur to employees while performing part-time work are investigated by a commission formed and headed by the employer (his representative) for whom the part-time work was actually performed. In this case, the commission that conducted the investigation informs the employer (his representative) at the victim’s main place of work about the results of the investigation and the conclusions reached.

The investigation of accidents involving students or students of educational institutions of the appropriate level, undergoing practical training in organizations or performing work under the direction and control of the employer (his representative), is carried out by commissions formed and headed by this employer (his representative). The commission includes representatives of the educational institution.

The investigation of accidents involving students of educational institutions undergoing practical training in areas of the organization allocated for these purposes and performing work under the guidance and control of authorized representatives of the educational institution is carried out by commissions formed by the heads of educational institutions. The commission includes representatives of the organization.

Accidents that occur with professional athletes during the training process or sports competition, regardless of the number of victims and the severity of their injuries, are investigated by commissions formed and headed by employers (their representatives) with the mandatory participation of representatives of the trade union body or other body authorized by professional athletes, with taking into account the requirements of the Regulations on the specifics of investigating industrial accidents in certain industries and organizations.

Investigation and recording of accidents that occur with amateur athletes during educational and training sessions and sports competitions is carried out in the manner established by the federal executive body in charge of physical culture and sports in agreement with the Ministry of Health and Social Development of the Russian Federation.

The investigation of accidents that occurred: ... with citizens involved in the prescribed manner in measures to eliminate the consequences of disasters and other natural emergencies, is carried out by commissions, the composition of which is formed and approved by executive authorities of the constituent entities of the Russian Federation or (on their instructions) bodies local self-government, headed by officials of territorial bodies of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief

About an accident with the number of victims of two or more people (hereinafter referred to as a group accident), an accident as a result of which the victim received health damage classified in accordance with the established qualifying criteria as severe (hereinafter referred to as a severe accident), or an accident in the event of a fatality that occurs with employees or other persons participating in the employer’s production activities, ... the employer (his representative) is obliged to send a notice in Form 1 to the bodies and organizations specified in Article 228 of the Code within 24 hours.

The employer (his representative) also reports cases of acute poisoning to the relevant body of Rospotrebnadzor.

Acute occupational diseases (poisonings), in respect of which there is reason to assume that their occurrence is due to exposure to harmful production factors, are subject to investigation in accordance with the Regulations on the investigation and recording of occupational diseases, approved by Decree of the Government of the Russian Federation dated 01.01.01 No. 000.

The form for reporting a group accident, a serious accident, or a fatal accident was approved by the resolution of the Ministry of Labor of the Russian Federation “On approval of the forms of documents necessary 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 ” dated October 24, 2002 No. 73.

Information prepared by:

Chief specialist of the labor department

relations and labor protection GKU KK TsZN

Kushchevsky district

Recording, registration and investigation of industrial incidents Art. 229 of the Labor Code of the Russian Federation entrusts the administration of the enterprise, for which it must immediately establish commission to investigate an industrial accident.

The administration includes representatives of all interested parties in the list of commission members. To avoid disputes, it must include at least 3 people. The decision to form a commission and the list of its members are determined by order of the enterprise management.

Composition of the commission, features of formation

The composition of each specific commission is determined depending on whether the employer is a legal entity or an individual entrepreneur, as well as on the severity of the consequences of the incident.

The administration of the enterprise can add the following participants to the list of commission members:

• a specialist in the field of labor protection or another person appointed by the manager who has passed the appropriate certification for knowledge of labor protection rules;
• a representative of a trade union or other organization authorized to protect the rights of the employee (if there is one at the enterprise);
• representative of the enterprise management;
• the victim or his representative if there is such a desire;
• a representative of the Social Insurance Fund, since an accident is also an insured event.

If the accident occurred to an employee hired by an individual, then the composition of the commission is similar, with the exception of a trade union representative. In addition, in this case, the participation of the victim or his representative is mandatory, which is specifically stipulated in the law.

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In the event of a serious injury to an employee, death or an accident involving several employees, the investigation commission additionally includes:

• state labor inspector;
• representative of the territorial association of trade unions;
• representative of the authorities of a constituent entity of the Russian Federation or local government authority.

IMPORTANT! The commission may not include a labor safety specialist responsible for its compliance at a specific site.

How is the composition of the commission to investigate cases of occupational diseases formed and who heads the commission to investigate occupational diseases?

At an enterprise, not only accidents may occur, but also the presence of occupational diseases among workers. In this case, the formation of an appropriate commission is also required.

If questions arise regarding the order of acquisition and determining whether who heads the commission to investigate occupational diseases, The administration should be guided by the requirements of Decree of the Government of the Russian Federation dated December 15, 2000 No. 967.

Commission of Inquiry into Occupational Disease completed by the administration upon receipt of a document stating that an employee of a medical institution has been diagnosed with one or more occupational diseases. The administration has 10 days to do this (clause 19 of resolution No. 967).

The commission for investigating cases of occupational diseases includes:

• the chief physician of the epidemiological surveillance center, who heads the commission;
• a representative of the enterprise appointed by the administration;
• employee responsible for labor protection;
• trade union worker;
• a doctor at the institution that established the presence of an occupational disease, or at another health care institution.

So, the composition and procedure for forming the commission for investigating accidents and the commission for occupational diseases differ. When forming a commission, one should be guided by the provisions of the Labor Code of the Russian Federation and specialized regulations, in particular Government Resolution No. 967.

Enterprises or organizational structures use different technological processes to produce products, which do not always occur without injuries and accidents. To investigate what happened, it becomes necessary to create special accident commissions.

So, an accident occurred at the enterprise, an employee of this organizational structure was injured.

Sequence of administration actions:

1. It is necessary to immediately provide first aid to an injured employee and call medical professionals.
2. Take the employee to the clinic so that specialists can determine the severity level. This point is very important, since a lot depends on this indicator, including which specialists need to be included in the commission.

If the injury is classified as minor, then it is enough to determine the composition of the commission from employees of this unit. If the injury turns out to be severe, then a state occupational safety inspector is involved in the commission.

Additional important conditions for creating a commission:

• the number of members must be odd (if unsolvable issues arise, consensus is reached by voting);
• a trade union representative should definitely be included in the commission;
• It is not allowed to include in the commission the immediate supervisor of an employee who has been injured;
• The victim himself is not included in the commission for objective reasons;
• if the incident occurred at a site registered with Rostechnadzor, then a representative of this structure must be present among the members of the commission.

How is the composition of the commission approved?

Once the composition of the commission has been determined, it must be documented by issuing an administrative document.

To do this, perform the following steps:

• it is necessary to instruct one of the employees to prepare a draft order;
• when the project is prepared, it must be submitted for consideration to the site manager and the legal department;
• then the document is signed by the interested parties and approved by management (for example, the director of the enterprise);
• After the document has become valid, the members of the commission are familiarized with it against their signature.

Who's in charge

It is important to choose the right person who will be the chairman of the investigation commission.

And this also has its own nuances:

1. If the injury is classified as minor, then the chief engineer or facility manager is appointed as the head.
2. When a fatal incident occurs, the state labor inspector is usually placed at the head of the commission.
3. If the incident caused serious injury or occurred with a group of people, then the state inspector also heads the commission.

The appointment of the chairman of the commission is reflected in the administrative document. He not only actively participates in the work of the commission, but also approves the act in form N-1.

Who can act as a proxy on behalf of the victim?

In practice, there are different cases, and it is possible that the victim cannot give an explanation for the reason for what happened. It turns out that this kind of authority must be transferred to the shoulders of another person.

The law does not prohibit entrusting this to anyone, including a close relative or colleague, as long as there is a document with the signatures of both parties. This will ensure its legal force.

What a victim can do:

• be present during the interview of persons who are eyewitnesses of this violation;
• is at the scene of the incident during its inspection, video and photographing;
• familiarize yourself with the investigation materials.

Even if the direct participation of the victim is not necessary, he always has the right to separately study the case materials, which members of the commission are obliged to provide upon his first request.

Issuance of an administrative document on the commencement of an investigation

An important point will be the publication of an administrative document. What you need to do for this:

1. The preparation of the draft document is entrusted to one of the commission members.
2. Afterwards, the project is reviewed by a committee; if there are any questions, they are resolved at the meeting.
3. After the draft is formed, the document is sent to the legal department for examination. The lawyer is obliged to review and issue an opinion to ensure compliance with legal requirements.
4. After preparation, the administrative document is agreed upon by all interested parties.
5. Afterwards it is approved by the immediate supervisor of the facility.

What time frame is given for the investigation?

Certain deadlines are set for studying the materials of what happened:

• if the injury is minor, then it is necessary to complete the investigation within three calendar days;
• in case of a serious case or a case where an employee leaves for another world, 15 days are allotted for study.

This is determined at the legislative level.

Actions of the parties in case of an accident

An accident occurred while performing a work task that caused injury. What to do next?

The situation at the scene must be maintained until the investigation

The following activities are required:

• the first person to notice or witness is obliged to notify management and inform the enterprise’s medical center about what happened;
• after this notification, it is necessary to provide first aid to the victim;
• after everything that happened, the manager sends the employee to the clinic, where a specialist determines the degree of injury;
• a certificate written by a doctor must be presented to the manager.

What actions should be taken by management:

• it is necessary to notify social insurance within 24 hours;
• take all measures to preserve the situation at the scene of the incident;
• inform senior management;
• if the incident occurred at a hazardous facility, then it is necessary to report to Rostechnadzor, and if the incident is related to the release of harmful substances - Rospotrebnadzor.

What mistakes are made in this case:

1. If you do not notify the social insurance fund in a timely manner, benefits will not be accrued to the victim.
2. If you don’t tell anyone about what happened, then various unpleasant situations are possible. In any case, the information may reach the regulatory authorities.

Investigation procedure

When an employee is injured, after the issuance of an administrative document, it is necessary to establish the procedure for conducting an investigation.

Subsequence:

1. The place where the incident occurred should ideally be preserved in its original form so that the picture is clear. Of course, if this threatens the health and life of employees, then this threat must be eliminated.
2. It is necessary to conduct video or photography on site.
3. Diagrams of the location of the incident are also recorded on paper, that is, the area is examined and an object is determined, from which a link is made to the place where the incident occurred.
4. The commission reviews materials on conducting briefings, the availability of work permits, cards for issuing special clothing and footwear, as well as PPE or RPE.
5. The victim and eyewitnesses are being interviewed. The information received is entered into protocols, which are signed by the persons who gave this testimony.
6. Based on all the collected materials, discussions are held to determine what exactly was violated. A reference to an item from a regulatory document is entered into the act in form N-1.
7. Act N-1 is being prepared. The document is signed by the members of the commission. As a rule, three copies need to be made: one is given to the victim, the second is given to social insurance, and the third remains at the enterprise.

The certificate is stored at the enterprise for 45 years. The number of acts must correspond to the number of victims, taking into account the enterprise and social insurance.

The main feature of the seminar is examples of accident investigations taken from practical experience, as well as consideration of the legal, scientific and technical foundations of investigation methods at enterprises:

If the accident is not reported promptly

What to do when an employee stated that he had an accident and did not report it in a timely manner or was asked not to tell anyone, but now his health condition has worsened and the injury has made itself felt:

1. First you need to write an application addressed to the head of the facility. The document is drawn up in any form, and the employee’s signature is placed on it. Such an appeal is transmitted through the secretary to the immediate supervisor. One copy remains with the management, and the second in the hands of the employee, but at the same time the outgoing number must be placed on it.
2. After consideration by the manager, measures are taken to prepare an administrative document for the investigation of this case.
3. A commission is created and a time frame is set for conducting the investigation, but not more than a month.
4. Next, a commission works to assess what happened, that is, all materials are analyzed, eyewitnesses are interviewed, of course, if something has actually been preserved or employees remember about what happened.
5. After the commission’s work, a report is drawn up in the prescribed form in 3 copies. The document is handed over to the victim, remains at the site and is sent to the social insurance structure. Based on the results, the victim may be assigned a disability and paid a pension, but this also depends on the severity of the incident.

What to do if the injury is minor

Many managers wonder what to do when an employee receives a minor injury and is not even given sick leave for it. Indeed, what to do if a person simply cuts his finger and slightly snags the skin? In this case, the following actions must also be taken:

• must be reported to management;
• an explanatory note is taken from the victim, in which he clearly and concisely states his judgment;
• a free-form act is drawn up and signed by the employer’s representative and the employee.

Investigating an injury is not an easy task because, on the one hand, it is necessary to protect the interests of the victim, and on the other, to protect the reputation of the organizational structure.

Investigation Tips:

1. The committee member is encouraged to assume the role of investigator. That is, he must correctly pose the question and find the thread that will lead him to determine the true reasons for what happened.
2. It also happens that an employee did not use protective equipment and was injured. If he was repeatedly made comments about this and this was reflected in documents, then under such circumstances the blame will fall on the head of the enterprise to a lesser extent.
3. Injuries occur in most cases with employees who have worked in the same place for many years and with those who have arrived recently. It is these categories that need to be given special attention.

For information about investigations into industrial accidents, see this story:

Form for receiving a question, write yours

1. The commented article provides for the procedure for the formation of commissions to investigate accidents, basically reproducing the established procedure for creating such commissions and maintaining the general rule that the commissions are headed by the employer (his representative). However, this article also provides for cases when the commission should be headed by representatives of other bodies. For example, in Part 2 of the commented article it is established that during the investigation of an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome , the commission is headed, as a rule, by an official of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms.

In the event of an accident in an organization or facility controlled by a territorial body of the federal executive body exercising functions of control and supervision in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body, and the commission is headed by a representative of this body.

The article specifies the circle of relatives of an employee who suffered from an accident, whose representatives or other proxies - in the event of his death due to an accident - can take part in the investigation. This circle includes the dependents of the victim and persons who were closely related to him or her.

The commented article does not reproduce the provision contained in the previous edition that in case of major accidents with a death toll of 15 people or more, the investigation is carried out by a commission, the composition of which is approved by the Government of the Russian Federation. This allows us to assume that under these circumstances, the composition of the commission is formed in the same manner as in a group accident with a death toll of 5 people or more.

2. In accordance with the Decree of the Government of the Russian Federation of August 31, 2002 N 653 (SZ RF. 2002. N 36. Art. 3497), the Ministry of Labor of Russia, by its Resolution of October 24, 2002 N 73, approved the Regulations on the specifics of the investigation of industrial accidents in certain industries and organizations (Bulletin of the Ministry of Labor of Russia. 2003. N 1). The forms of documents (forms 1 - 9) required for the investigation and recording of industrial accidents are approved by the same Resolution of the Ministry of Labor of Russia (ibid., p. 26). For the forms of these documents, see the comment. to Art. 230.1.

The said Regulations, taking into account Art. Art. 227 - 231 of the Labor Code and the characteristics of individual industries and organizations establishes mandatory requirements for the investigation, registration and recording of industrial accidents that occur with various categories of workers (citizens) employed, for example: on floating fishing or other marine, river and other courts, regardless of their industry affiliation; in railway transport organizations; in organizations with a special security regime (in organizations of the Armed Forces of the Russian Federation, border service agencies, security and internal affairs agencies, other law enforcement agencies, etc.); in diplomatic missions and consular offices abroad, etc.; with persons sent in accordance with the established procedure to perform work for another employer; students or students of educational institutions undergoing practical training; part-time workers; professional athletes and other categories of workers (citizens).

In particular, fixing the specifics of the investigation of accidents involving persons performing work on the basis of a civil contract, paragraph 16 of the Regulations provides that serious accidents and fatal accidents that occur with such persons are investigated by state labor inspectors based on a statement from the victim , members of his family, as well as other persons authorized by the victim (members of his family) to represent his interests during the investigation of the accident, whose powers are confirmed in the prescribed manner. If necessary, representatives of the relevant executive body of the Social Insurance Fund of the Russian Federation and other interested bodies may be involved in the investigation.

The provision also stipulates that when information is established that provides sufficient grounds to believe that a civil contract actually regulated the labor relations of the victim with the employer, the accident investigation report must be sent by the state labor inspector to the court in order to establish the nature of the legal relations of the parties to the said contract. The decision on the final registration of this accident is made by the state labor inspector, depending on the content of the court decision (clause 28 of the Regulations).

3. Classification of an industrial injury to the category of a serious accident is carried out in accordance with the Scheme for determining the severity of health damage in industrial accidents, approved. Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 N 160 (BNA RF. 2005. N 16).

According to the said Scheme, the qualifying signs of the severity of health damage in an industrial accident are:

• the nature of the health injuries received and complications associated with these injuries, as well as the development and aggravation of existing chronic diseases in connection with the injury;
• consequences of received health injuries (permanent loss of ability to work).

The presence of one of the qualifying features is sufficient to establish the category of severity of the accident. Signs of a serious industrial accident also include health damage that threatens the life of the victim. Preventing death as a result of medical care does not affect the assessment of injury severity. In addition to the qualifying criteria, the Scheme shows accidents that fall into the severe category.

Registration form N 315/у "Medical report on the nature of health injuries received as a result of an industrial accident and the degree of their severity"; registration form N 316/у "Certificate of the final diagnosis of a victim of an industrial accident" approved. Order of the Ministry of Health and Social Development of Russia dated April 15, 2005 N 275 (BNA RF. 2005. N 22).

4. State supervision and control over compliance with the established procedure for investigating and recording accidents at work is carried out by the federal labor inspectorate (see Article 356 and commentary thereto).

5. Industrial accidents that occur with employees temporarily on a business trip in the territory of the CIS countries, or with Russian citizens staying in the CIS countries under an employment or other contract, are investigated in the manner established by the relevant regulations of the party to the place of stay on the business trip (place conclusion of the contract). This rule is established by the Agreement on the procedure for investigating industrial accidents that occur with workers while they are outside their state of residence, concluded by the CIS states on December 9, 1994.

6. If an accident occurs to an employee not at work (for example, on the way to or from work), clarification of its circumstances can be carried out (at the proposal of the head of the organization in which the victim works) by the social insurance commission, a specially created commission consisting of representatives employer and employees, etc.

7. In accordance with 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 (SZ RF. 2000. N 52 (Part II). Art. 5149), the investigation of an occupational disease must be preceded by the establishment of its presence. The main documents when establishing a diagnosis of an occupational disease are the List of Occupational Diseases, approved. Order of the Ministry of Health and Medical Industry of Russia dated March 14, 1996 N 90, with Instructions for its use. See also the letter of Rospotrebnadzor dated January 13, 2005 N 0100/63-05-32 “On the procedure for applying the Order of the Ministry of Health and Social Development of Russia dated August 16, 2004 N 83” (New Pharmacy. 2005. N 5).

The following are involved in establishing an occupational disease:

• a health care organization at the place of residence or place of attachment of the employee, establishing a preliminary diagnosis of an acute or chronic occupational disease and informing the territorial body that carries out sanitary and epidemiological supervision about it;
• territorial department of Rospotrebnadzor, which supervises the facility where the occupational disease occurred. Having received a report of an occupational disease, this body ascertains the circumstances of the occurrence of the disease and draws up a sanitary and hygienic description of the employee’s working conditions, necessary to establish a final diagnosis. The procedure for collecting information and drawing up sanitary and hygienic characteristics of the working conditions of workers is regulated by the Instructions for compiling a sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease, approved. By Order of Rospotrebnadzor of March 31, 2008 N 103 (RG. 2008. N 105);
• a specialized medical and preventive institution or its division that establishes (based on examinations, information on the results of preliminary and periodic medical examinations, sanitary and hygienic characteristics of the employee’s working conditions and other data) a final diagnosis and provides an appropriate medical report. A medical report on the presence of an occupational disease is issued to the employee (against signature) and sent to the Social Insurance Fund of the Russian Federation, as well as to the health care organization that referred the patient.

Within 10 days from the date of receipt of this document, the employer is obliged to organize an investigation into the circumstances and causes of the employee’s occupational disease and create a commission for these purposes. The commission includes: a representative of the employer, a labor protection specialist, a representative of a health care institution, a trade union or other representative body authorized by employees. The work of the commission is headed by the head of the territorial body carrying out sanitary and epidemiological supervision. Other specialists, as well as the sick person, may take part in the investigation.

During the investigation, the commission interviews the employee’s co-workers, persons who violated sanitary and epidemiological rules, receives the necessary information from the employer and the sick person, and examines documents. Based on this, the commission establishes the circumstances and causes of the employee’s occupational disease, identifies those responsible and proposes measures to eliminate the causes and prevent occupational diseases.

If the commission establishes that the gross negligence of the sick person contributed to the occurrence (increase) of harm caused to his health, then, taking into account the conclusion of the trade union or other representative body authorized by the employees, the commission, as in the investigation of accidents, establishes the degree of guilt of the sick person (in percentage).

Based on the results of the investigation, the commission draws up an act in the form established by the above-mentioned Regulations. The act sets out in detail the circumstances and causes of the occupational disease. The act is signed by members of the commission, approved by the head of the territorial body of Rospotrebnadzor and certified by the seal of this body. Within 3 days after approval, the report must be issued to the sick employee.

Occupational diseases are taken into account by the territorial body carrying out sanitary and epidemiological supervision that conducted the investigation. The report on the case of occupational disease, together with the investigation materials, is stored for 75 years in the territorial department of Rospotrebnadzor and in the organization where the investigation was conducted.

The procedure for investigating and recording occupational diseases (including persons who have changed jobs) is set out in more detail in the Instructions on the procedure for applying 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, put into effect Order of the Ministry of Health of Russia dated May 28, 2001 N 176 (BNA RF. 2001. N 33).

The said Order also approved the forms of documents used in the investigation of occupational diseases: notifications of a preliminary diagnosis of an acute or chronic disease (poisoning); sanitary and hygienic characteristics of the working conditions of an employee if he is suspected of having an occupational disease (poisoning), etc.

8. The employer (policyholder) is obliged, within 24 hours from the date of the occurrence of the insured event (confirmation of the fact of damage to the health of the insured as a result of an industrial accident or occupational disease), to inform about this to the insurer - a branch of the regional branch of the Social Insurance Fund of the Russian Federation, where the employee is insured against accidents for production and occupational diseases. The insurer has the right to check such information and take part in the investigation of insured events.

On participation in the investigation of trade unions, see commentary. to Art. 370.