If an accident occurs at work, the employer's actions in 2019 are as follows.

Step 1. First aid to the victim

In the event of an accident, it is first necessary, before rushing to help the victim, to make sure that there is no danger to other workers. If there is no danger, we provide assistance immediately, but if there is at least the slightest threat— first we eliminate the possible danger for rescuers and only then approach the victim.

For example.

While cleaning the tank from toxic materials, a worker's mask ruptured and he died within a few seconds. The second worker, realizing that contact with his partner had been lost, looked into the tank without respiratory protection and also died. The incident occurred in St. Petersburg in 2013.

Step 2. Call an ambulance and notify government agencies

After the employee has been given first aid and an ambulance has been called (or taken to the hospital themselves, if the victim’s condition allows), the employer is obliged to take certain actions in case of an accident at work. You should start by sending a notification to the relevant organizations within a certain time ().

Notifications to the FSS are submitted in the form approved by Order of the FSS of the Russian Federation dated August 24, 2000 No. 157

Notifications to other organizations are filled out using the form approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73

Please also note that the employer is obliged to transport the victim to a medical facility or home at his own expense (). Moreover, if the victim feels fine, this does not mean that everything is fine with him. The actions of an employee in the event of an accident at work must comply with the requirements regulatory documents, and not his desires or subjective assessment of the harm received.

For example.

Signs of parenchymal bleeding are not always obvious and cannot always be diagnosed immediately, as a result of which the victim bleeds into himself: slight drowsiness begins, dizziness, then the pressure drops, the pulse quickens, breathing quickens, the skin turns pale, cold sticky sweat appears, the limbs become cold , apathy, adynamia, lethargy, pathological drowsiness, tremor, confusion, coma and death occur. The process may only take a couple of hours, no need to take risks.

Step 3. Keep the scene of the incident unchanged

The emergency site must be fenced off and no one should be allowed there. Everything must be left as is, it is better to take photographs - these materials will form the basis of the investigation. If you are left in charge of preserving the scene of the accident, there is no need to wonder what to do in the event of an accident at work. This is decided by the employer; your task is to maintain the place of emergency as it is. There is no need to multiply violations, especially if they really took place.

Step 4. Selecting a commission

The law obliges the employer, upon the occurrence of an incident, to immediately assemble a commission to investigate its circumstances ( Art. 229 Labor Code of the Russian Federation). The procedure for investigating industrial accidents (2019) is regulated by a whole group of regulatory documents, but more on that below. Now we will determine the composition of the commission, which is approved by the employer by issuing an order. The commission will include:

• representative from the employer;
• employee responsible for labor safety;
• trade union representative.

The commission may include other persons, but these are mandatory.

If the employer is an individual, then the commission includes:

• the employer himself;
• representative of the injured employee;
• independent expert in the field of labor protection.

If an emergency is being investigated in which 2 or more employees were injured, or the incident was fatal, then the commission must include:

• state labor safety inspector presiding over it;
• government representative required level;
• representative of the territorial trade union body;
• proxy of the deceased (if the death of the victim was recorded)

A complete list of cases in which certain government representatives should be included different levels, specified in Art. 229 Labor Code of the Russian Federation.

Step 5: Investigation

The investigation of industrial accidents in 2019 is regulated by both the Resolution of the Ministry of Labor and social development Russia dated October 24, 2002 No. 73.

The deadlines are as follows:

• mild cases that become known immediately are investigated within 3 days;
• severe and fatal - within 15 days with a possible extension by the chairman of the accident investigation commission of the investigation period for another 15 days;
• a case about which the employer was not notified in a timely manner, or as a result of which the employee’s incapacity for work did not occur immediately, is investigated in general procedure upon application of the victim or his authorized representative within one month from the date of receipt of such application.

The commission is obliged:

interview witnesses to the case, the head of the organization, the injured person (if he is able to testify), draw up a protocol in Form 6, approved. Resolution of the Ministry of Labor No. 73 of October 24, 2002;

inspect the scene of the incident, draw up a protocol in Form 7, approved. Ministry of Labor and Social Development of the Russian Federation in the Resolution dated October 24, 2002;

• establish the circumstances of the accident;
• find out the causes and factors of this situation;
• determine whether the case can be called production;
• identify the persons who allowed such an incident to occur;
• draw a conclusion about what measures should be taken to prevent future similar cases;
• determine whether the victim is at fault;
• draw up a report on an industrial accident - form N-1, endorsed by the full composition of the commission and the head of the organization.

The employer must assist in the investigation:

• provide the commission with an office to conduct an investigation of the case;
• provide vehicles for travel;
• provide commission members with the opportunity to use various types communications;
• take photographs and, if possible, videotape the scene of the incident;
• involve experts in the investigation;
• carry out the necessary laboratory tests.

The employer must also obtain a doctor’s opinion from a medical institution on the severity of the accident. It is determined in accordance with Order of the Ministry of Health and Social Development No. 160 of February 24, 2005.

The investigation of a group serious accident, a tragic event that resulted in the death of an employee, and also where the employer is an individual, takes place with some peculiarities. The procedure for dealing with an industrial accident in this case is specified in the Regulations on the Peculiarities of Investigation of Industrial Accidents in individual industries and organizations, approved. 73 Resolution of the Ministry of Labor of the Russian Federation dated October 24, 2002. These should be taken into account when conducting an investigation.

Step 6: Once the investigation is complete

One copy of the act with copies of all materials is transferred to the Social Insurance Fund.

The second copy of the act is issued to the employee or his representative no later than three working days.

The third remains in the organization and is kept there for 45 years.

Step 7. Report

Each company must maintain a production log. It contains information about all accidents that occurred at work. This magazine Once completely filled, it should be stored in the organization for 45 years.

Report on form 7-injuries

Once a year, organizations are required to submit to their Rosstat department (TOGS) information on injuries at work and occupational diseases. For these purposes, form 7-injury was approved (Appendix No. 2 to Rosstat Order No. 216 dated June 19, 2013). Note that new order accident investigations did not appear in 2019, but for reports in 2019 you should use new form, which was approved by Rosstat Order No. 493 dated August 10, 2018 “On approval statistical tools for organizing a federal statistical observation in the healthcare sector, occupational injuries and population migration.”

All rent it out once every three years no later than January 25 legal entities and enterprises (except micro) of all forms of ownership, carrying out all types economic activity, except:

• financial and insurance activities;
• government controlled and provision military security, social security, education;
• activities of households as employers, undifferentiated activities of private households in the production of goods;
• activities extraterritorial organizations, subordinate territorial body Rosstat in a constituent entity of the Russian Federation.

What injuries are subject to investigation?

Every employer is required to conduct an investigation into an accident that occurs in its organization. At the same time, he is obliged to follow exactly the procedure for dealing with accidents and injuries that we described above.

An investigation is conducted into every injury that occurs in work time or on the territory of the employer, including in fact:

• fights, animal and even insect bites;
• defeats electric shock, including lightning;
• drowning, frostbite, overheating (heatstroke or sunstroke) or burns (sunburn does not count);
• other injuries and harm to the body.

For an injury to be considered a work-related injury, the injury must occur under certain circumstances. For example:

• while working directly on the territory of the organization. In this case, it does not matter lunch break was injured or while performing overtime;
• the injury occurred on the way to work or back to company car;
• during a business trip;
• during the work process on a rotational basis etc.

Each fact of an industrial incident must be confirmed and investigated. The fact that such a case occurred is confirmed by the materials of the relevant investigation.

Cheat sheet on the standard

Payment of compensation

Also, immediate compensation is due for damages due to loss and impossibility of continuing work activity, namely: wage, medical expenses, all kinds of rehabilitation (). An accident at work in this regard imposes certain obligations on the employer’s administration, including compensation moral damage, since the consequences for the victim are dire.

According to the norms labor legislation All accidents that occur on the territory of the enterprise (or organization) are subject to investigation, including:

• injuries resulting from injuries inflicted by another person
• injuries received as a result of explosions, accidents, destruction of buildings, structures and structures, resulting in the need to transfer the employee to another job, temporary or permanent loss his ability to work or his death, and incidents while the employee was performing his duties labor responsibilities on the territory of the organization or outside it, as well as while traveling to or from work on transport provided by the organization
• poisoning
• heatstroke
• frostbite
• drowning
• electric shock
• damage by ionizing radiation
• insect and reptile bites

In addition, not only accidents that occurred with employees performing work under an employment contract are subject to investigation, but also with:

• employers
• citizens performing work under a civil contract and assignment
• students educational institutions higher and secondary vocational education, students of educational institutions of basic general education, passing industrial practice in organizations
• military personnel recruited to work in organizations
• citizens participating in the liquidation of emergency situations of natural and technogenic nature and others

The employer, for his part, is obliged to ensure:

• immediate provision of first aid to the victim, and, if necessary, transport him to a trauma center or any other medical institution
• form a commission to investigate the accident
• ensure that, until the investigation begins, the circumstances and causes of the accident are maintained in the workplace and equipment as they were at the time of the incident (if this does not threaten the life and health of workers and does not lead to an accident) - report within 24 hours in the form established by the Ministry of Labor Russian Federation, about each group accident (2 or more victims), an accident with a possible disabling outcome and a fatal accident in state inspection labor for the subject of the Russian Federation, the prosecutor's office at the place where the accident occurred, the authority executive power subject of the Russian Federation, the relevant federal executive body, body state supervision, if the accident occurred in an organization controlled by this body, the organization that sent the employee with whom the accident occurred, the relevant trade union body.

The employer bears full responsibility for the organization, timely investigation, recording of accidents and implementation of measures to eliminate their causes.

Accident investigations are carried out by a commission consisting of representatives of the employer, government inspector labor and representatives of the industry trade union. The composition of the commission is approved by order of the head of the organization.

The manager directly responsible for occupational safety is not involved in the investigation.

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

Features of accident investigation

An investigation into the circumstances and causes of the accident must be carried out within 3 days from the date of the incident.

During the investigation, the commission identifies and interviews eyewitnesses and persons who committed violations regulatory requirements on labor protection, receives the necessary additional information from the employer and, if possible, explanations from the victim.

Accidents that occurred at work with workers sent third parties(including military personnel recruited to work in organizations), students and students undergoing practical training are investigated with the participation of an authorized representative of the organization that sent them.

An accident involving an employee temporarily transferred to work in another organization is investigated by the organization where it occurred.

Accidents that were not promptly reported to the employer or as a result of which disability did not occur immediately are investigated upon the application of the victim or his authorized representative within 1 month from the date of receipt of this application.

The investigation of group accidents, with a possible disabling outcome, is carried out within 15 days by a commission consisting of a state labor safety inspector, representatives of the employer, the executive body of the relevant constituent entity of the Russian Federation and a trade union body or other authorized by employees representative body.

If the state labor protection inspector objective reasons did not have the opportunity to take part in the investigation of the accident, he is obliged, if necessary, to conduct an investigation using previously obtained materials and draw up a conclusion, which must detail the circumstances and causes of the accident, indicate specific violations of regulatory requirements for labor protection and those who committed their faces.

If 5 or more workers die at work, the commission also includes a state labor safety inspector Federal Inspectorate Labor under the Ministry of Labor of the Russian Federation and a representative of the relevant federal executive body.

At the request of the commission, the employer conducting the investigation, at the expense of his organization, is obliged to ensure:

• performing technical calculations, laboratory research, tests, others expert works with the involvement of specialist experts for these purposes;
• photographing the accident site and damaged objects;
• provision of transport, office space, communications, special clothing, special shoes and other means personal protection necessary for the investigation.

The results of the accident investigation are considered by employers in order to develop and implement measures to prevent them, resolve issues of compensation for harm to victims (members of their families), and provide them with compensation and benefits.

Each accident that necessitates the transfer of an employee in accordance with a medical report to another job for one working day or more, the loss of his ability to work for at least one working day, or his death, is documented in an industrial accident report on Form H-1 in 2 copies in Russian or in Russian and state language subject of the Russian Federation. Accidents qualified by the commission as not related to production are documented in a free-form act.

In case of a group accident, a report on Form H-1 is drawn up for each victim separately.

If an accident occurred with an employee of another organization, then a report on form H-1 is drawn up in triplicate, two of which, along with the rest of the investigation materials, are sent to the organization whose employee is the victim. The third copy of the report and other investigation materials remain in the organization where the accident occurred.

The report on Form H-1 must detail the circumstances and causes of the accident, and also indicate the persons who violated labor safety regulations. The act on Form H-1 must be drawn up and signed by all members of the commission, approved by the employer and certified by the seal of the organization. One copy of the act is given to the victim (his to a trusted person) or relatives of the deceased at their request no later than 3 days after the end of the investigation. The second copy is stored along with the investigation materials for 45 years at the victim’s main place of work (study, service). Unclaimed reports remain in the organization where the accident occurred. In the event of liquidation of an organization, acts in Form H-1 are subject to transfer for storage to the state labor inspectorate of the constituent entity of the Russian Federation.

Based on the results of the investigation of group accidents, accidents with possible receipt disability, the victims prepare investigation materials, which must contain:

• plans, diagrams, sketches, and, if necessary, photo, film and video materials of the scene of the incident;
• documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;
• extracts from logs of registration of briefings and protocols for testing the knowledge of victims on labor protection;
• protocols of interviews, explanations of victims, eyewitnesses of the accident and officials responsible for compliance with regulatory requirements for labor protection;
• expert opinions of specialists, results of laboratory studies and experiments;
• extracts from regulatory legal acts and other organizational and administrative documents regulating safe conditions labor and responsibility of officials;
• a medical report on the nature and severity of the damage caused to the victim’s health, or on the causes of death of the victim, as well as on the possible presence of the victim in a state of alcohol, drug or toxicological intoxication;
• documents confirming the issuance of special clothing, special shoes and other personal protective equipment to the victim in accordance with current standards;

Based on the investigation materials, an act on the investigation of a group industrial accident with possible disability or a fatal industrial accident is drawn up.

Features of registration and registration of accidents

Each act on Form H-1 is taken into account by the organization at the place of main work (study, service) of the victim and is registered in the accident register in the form established by the Ministry of Labor of the Russian Federation.

Each accident documented on Form H-1 is included in the statistical report on temporary disability and injuries at work.

Materials for the investigation of group accidents, accidents with a possible disabling outcome, or fatalities, together with an act in form H-1 and an act of their investigation, within 3 days after registration, must be sent by the employer to the prosecutor's office at the place where the accident occurred, to the state labor inspectorate of a constituent entity of the Russian Federation, as well as state supervisory authorities, if accidents occurred in organizations (at facilities) controlled by these authorities.

The report on the investigation of a group industrial accident, an industrial accident with a possible disabling outcome and a copy of the report in form H-1 are sent by the employer to the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation.

Conclusion

Upon termination of the temporary disability of the victim, the employer is obliged to send to the state labor inspectorate of the constituent entity of the Russian Federation and, in appropriate cases, to the state supervisory body, messages in the forms established by the Ministry of Labor of the Russian Federation about the decision of the prosecutor's office to initiate a criminal case or to refuse it and about the measures taken carried out in order to prevent such accidents.

Disagreements regarding the investigation, registration and recording of accidents, non-recognition of an accident by the employer, refusal to investigate it and draw up an act in form H-1, disagreement of the victim or his authorized representative with the contents of this act

are considered by the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation or by the court. 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.

The state labor inspector, if necessary (upon a complaint, in case of disagreement with the conclusions of the investigation into the circumstances and causes of the accident, in case of concealment of the accident and for other reasons), has the right to independently conduct an investigation of the accident, regardless of the statute of limitations of its occurrence.

Based on the results of the investigation, a conclusion is drawn up, which is mandatory for the employer and can be appealed to the Federal Labor Inspectorate under the Ministry of Labor of the Russian Federation or in court.

Persons guilty of violating the requirements of these Regulations will be held accountable in accordance with current legislation.

Investigation of industrial accidents - legislatively established procedure mandatory investigation of the circumstances and causes of damage to the health of workers and other persons involved in production activities employer, when they carry out actions caused by labor relations with the employer or the performance of his assignment. The procedure for investigating industrial accidents (hereinafter referred to as accidents) is established in the Labor Code of the Russian Federation, and in the “Regulations on the peculiarities of investigating industrial accidents in certain industries and organizations”, approved Resolution No. 73 of the Ministry of Labor of the Russian Federation dated October 24, 2002.

Forms of documents required for the investigation and recording of industrial accidents

• Notification of a group accident (serious accident, fatal accident) (Form 1)
• Report on an industrial accident (Form 2 (Form N-1))
• Report on an industrial accident (Form 3 (Form N-1PS))
• Report on the investigation of a group accident (serious accident, fatal accident) (Form 4)
• Conclusion of the state labor inspector (Form 5)
• Protocol for interviewing an accident victim (an eyewitness to an accident, official) (Form 6)
• Protocol of inspection of the accident site (Form 7)
• Reporting the consequences of an industrial accident and measures taken(Form 8)
• Journal of industrial accidents (Form 9)

The forms can be downloaded from the ConsultantPlus website or from the FSS website of the Russian Federation.

to menu

Accidents subject to investigation and recording

Accidents that occur with employees and other persons participating in the employer’s production activities while performing their job duties or performing any work on behalf of the employer (his representative), as well as when carrying out other activities, are subject to investigation and recording. lawful actions, conditioned by labor relations with the employer, or committed in his interests.

Persons participating in the employer’s production activities, in addition to employees performing their duties under an employment contract, in particular include:

• employees and other persons undergoing vocational training or retraining in accordance with an apprenticeship contract;
• students and students of educational institutions of all types undergoing practical training;
• persons suffering mental disorders those participating in productive work at medical production enterprises in the form of occupational therapy in accordance with medical recommendations;
• persons sentenced to imprisonment and forced to work;
• persons involved in in the prescribed manner to perform socially useful works;
• members production cooperatives and members of peasant (farm) households who take personal labor participation in their activities.

Events as a result of which the victims received the following are subject to investigation in accordance with the established procedure as accidents: 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 others emergency circumstances, other health damage caused by exposure to external factors, - entailing the need to transfer the victims to another job, temporary or permanent loss of their ability to work, or the death of the victims, if these events occurred:

• during working hours on the employer’s premises 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, and perform other provided for by the rules internal labor regulations actions before and after the end of work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;
• when traveling to the place of work or from work to 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 contract;
• when going to the place business trip and back, during business trips on public or official 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 mechanic of the refrigerated section on a train, a member of the mail car crew, and others);
• when working on a rotational basis during rest between shifts, as well as when being on a ship (air, sea, river) when not on duty and ship works time;
• when carrying out other lawful actions caused by labor relations with the employer or performed in his interests, including actions aimed at preventing a disaster, accident or accident.

Events are also subject to investigation in accordance with the established procedure as accidents if they occurred with persons involved in the established procedure to participate in work to prevent a catastrophe, accident or other emergency circumstances or in work to eliminate their consequences.

to menu

Responsibilities of the employer in the event of an accident

In case of accidents, the employer (his representative) is obliged to:

• immediately organize first aid for the victim and, if necessary, transport him to a medical organization;
• take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;
• 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 a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (draw up diagrams , take photographs or videos, and other events);
• immediately inform the authorities and organizations specified in the accident about the accident Labor Code RF, others federal laws and other regulatory legal acts Russian Federation, and in case of a serious accident or fatal accident - also relatives of the victim;
• accept other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials.

to menu

Division of accidents according to the severity of health damage

According to 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 dated February 24, 2005 No. 160, industrial accidents according to the severity of health damage are divided into 2 categories: severe and mild.

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 ones chronic diseases due to damage;
• consequences of received health injuries (permanent loss of ability to work).

The presence of one of the qualifying characteristics is sufficient to establish the category of severity of an industrial accident. Signs of a serious industrial accident also include health damage that threatens the life of the victim. Preventing deaths as a result of providing medical care does not affect the assessment of the severity of the injury.

to menu

Registration form No. 315/у "Medical certificate..."

“Medical report on the nature of health injuries received as a result of an industrial accident and the degree of their severity”

is filled out in accordance with the “Scheme for determining the severity of health damage in industrial accidents”, and is issued at the request of the organization, individual entrepreneur the medical organization where the victim of an industrial accident first sought medical help, immediately after receiving the request. The issued registration form No. 315/у must have a stamp and seal medical organization, signature of the attending physician and head of the department (or chief physician), date of issue.

If the victim is hospitalized, " Medical report on the nature of health injuries sustained as a result of an industrial accident and the degree of their severity” is issued by the head of the department of the medical organization where treatment is carried out.

About the issued “Medical report on the nature of health injuries received as a result of an industrial accident and the degree of their severity,” the attending physician makes an entry in the outpatient medical record (registration form No. 025/u) or in the inpatient medical record ( registration form No. 003/у) indicating the date of issue. After completing the treatment of the victim in the hospital in the Extract from medical card outpatient, inpatient ( registration form No. 027/у) a note is made on the nature of the health injuries received and the degree of their severity at the time of admission and at the time of discharge from the hospital.

Ambulance and Emergency Medical Doctors registration form No. 315/у“A medical report on the nature of health injuries received as a result of an industrial accident and the degree of their severity” is not filled out.

to menu

The procedure for notifying an accident and forming an investigation commission

The results of the investigation into cases of disappearance of workers or other persons while performing their job duties or work on the instructions of the employer (his representative) are formalized by the commission in an investigation report of this incident, which must contain information about the victim, including information about his training in labor protection, the presence of hazardous production factors at his workplace (the alleged place of disappearance) and others established circumstances incident, as well as the commission’s conclusion on the alleged (possible) causes of the disappearance and the persons responsible. The act of investigating the case of disappearance, drawn up and signed by all members of the commission, together with other investigation materials, is sent by the chairman of the commission to the relevant prosecutor's office, and copies thereof are sent to the state labor inspectorate.

1. 
   If you have a dispute with your employer regarding the qualification of an injury at work, you should contact labor inspection with a complaint, state the circumstances of the injury.

2.5. Procedure for investigating industrial accidents

Accidents that occur 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), 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 determined by labor relations with the employer or performed in his interests.

Events subject to investigation in accordance with the established procedure as accidents include:

as a result of which the victims received bodily injuries (injuries), resulting in the need to transfer the victims to another job, temporary or permanent loss of their ability to work, or the death of the victims.

To investigate the accident, the employer (his representative) immediately

forms a commission 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 elected body of the primary trade union organization or other representative body of workers, and a labor protection commissioner. The commission is headed by the employer (his representative), and in cases provided for by the Labor Code code, - official a person of the relevant federal executive body exercising control and supervision functions in the established field of activity.

When investigating each accident, the commission identifies and interviews eyewitnesses of the incident, persons who committed violations of labor protection requirements, receives the necessary information from the employer (his representative) and, if possible, explanations from the victim.

At the request of the commission in cases necessary for the investigation

employer at expense own funds provides:

performing technical calculations, conducting laboratory research, testing,

other expert work and the involvement of specialist experts for these purposes;

photographing and (or) video filming the scene of the incident and damaged objects,

drawing up plans, sketches, diagrams;

provision of transport, office space, communications equipment, special clothing,

special shoes and other personal protective equipment.

An accident at work is an insured event if it occurs with

an 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 gross

the negligence of the insured contributed to the occurrence or increase of damage,

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 establishes the degree of guilt of the insured as a percentage.

In case of a group accident (two or more people), a serious accident or

In the event of a fatal accident, the employer (his representative) is obliged to send a notice within 24 hours in the prescribed form:

to the relevant state labor inspectorate;

to a territorial association of trade union organizations;

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

the employer who sent the employee who suffered the accident;

to the territorial body of the relevant federal executive body,

carrying out control and supervision functions in the established field of activity, if the accident occurred in an organization or facility controlled by this body;

to the executive body of the insurer on issues of mandatory social insurance from accidents at work and occupational diseases (at the place of registration of the employer as an insurer).

The employer (his representative) reports cases of acute poisoning to

the relevant body of the federal executive body exercising control and supervision functions in the field of sanitary and epidemiological welfare of the population.

Disagreements regarding investigation, registration and accounting issues accidents,

non-recognition by the employer (his representative) of the fact of an accident, refusal to investigate the accident and draw up the corresponding act on the accident are considered by the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing standards labor law, and its territorial bodies, whose decisions can be appealed to the court. In these cases, filing a complaint is not a reason for the employer (his representative) to fail to comply with the decisions of the state labor inspector.

In a group accident with a death toll of five people and more in the composition

the commission also includes representatives of the federal executive body,

authorized to carry out state supervision and control over compliance

labor legislation and other regulatory legal acts containing labor law norms and the all-Russian association of trade unions. The commission is headed by the head of the state labor inspection - the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, and when investigating an accident that occurred in an organization or at a facility controlled by the territorial body of the federal executive body exercising control and supervision functions in sphere industrial safety- the head of this territorial body.

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

Immediately organize first aid for the victim and, if necessary, delivery

him to a medical organization;

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 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 a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation ( draw up diagrams, take photographs and carry out other activities);

Immediately inform the authorities and organizations specified in the accident about the accident.

Labor Code, other federal laws and other regulatory legal acts

Russian Federation, and in the case of a serious accident or fatal accident - also relatives of the victim;

Take the necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials.

The procedure for preparing accident investigation materials

For each accident qualified according to the results of the investigation as

accident at work and resulting in the need for transfer

the victim in accordance with the medical certificate issued in accordance with the procedure

established by federal laws and other regulatory legal acts of the Russian Federation, for another job, loss of ability to work for a period of at least one day or death of the victim, an industrial accident report is drawn up in the prescribed form in two copies, having equal legal force, in Russian and the state language of the republic that is part of the Russian Federation.

In case of a group accident at work, the accident report on

production is compiled for each victim separately.

In the event of an accident at work with the insured, an additional

a copy of the report on the industrial accident.

After completion of the investigation, the report on the industrial accident is signed

by all persons who conducted the investigation, approved by the employer (his representative) and certified by a seal.

The employer (his representative) within three days after completion of the investigation

accident at work is obliged to issue one copy of the act of accident at work approved by him to the victim (his legal representative or other authorized person), and in the event of a fatal accident at work - to persons dependent on the deceased or persons related to him in a close relationship or affinity (to their legal representative or other authorized person), at their request.

Second copy the said act together with the investigation materials, it is stored for 45 years by the employer (his representative), who, by decision of the commission, records this industrial accident. In case of insured events, the third copy of the report on the industrial accident and copies of the investigation materials are sent by the employer (his representative) to the executive body of the insurer (at the place of registration of the employer as an insured)

General provisions

1. This Regulation establishes uniform order reporting, investigation, registration and recording of industrial accidents that occurred with employees who work for employers on the basis of the provisions of current legislation.

Classification and definition of accidents

2. Accidents are classified into:

· accidents at work;

· accidents outside of production.

3. An industrial accident is understood as an event in which violent damage to the worker’s body occurred (injury, psychological stress, electric shock, burn, frostbite, suffocation, acute poisoning, bodily injury caused by insects, animals, as well as due to natural disasters, etc.), resulting from exposure to any risk factor (property, condition, process, phenomenon, behavior ), inherent in any element of the labor system (performer, work task, means of production, work environment), which caused temporary or permanent disability or death of the employee and occurred:

o during the performance of a work task or official duties;

o before the start of work or after the end of work, when the employee moves from the entrance to the territory of the enterprise, institution, organization (hereinafter referred to as the enterprise) to the workplace and back, changes personal clothing, personal protective equipment, work clothes and shoes and, conversely, accepts or rents out workplace and means of production;

o during established breaks, when the employee is on the territory of the enterprise or at his workplace, as well as during visits to sanitary and hygienic or auxiliary premises;

o while traveling from home to work and back, on transport provided by the enterprise in the prescribed manner, as well as while boarding or disembarking from this vehicle;

o while traveling from an enterprise that employs an employee to a workplace organized outside the territory of the enterprise, or to another enterprise and back to perform a work assignment or official duties, at the time necessary for this and along the established route of movement, regardless of the method movement or vehicle used;

o while participating in cultural, sports or other events, organized by the enterprise on the basis of an order or instruction issued by the manager;

o during an action taken under own initiative to prevent or eliminate a danger or to save another employee from a danger under the circumstances specified in subparagraphs a), b), c), d) and f) of this paragraph;

o during on-the-job training or professional practice on the basis of an agreement concluded between the employer and educational institution, between the employer, apprentices and students.

4. An accident outside of production is understood as an event in which violent damage to the employee’s body occurred, even on his working day, at the workplace or on the territory of the enterprise under conditions not provided for in paragraph 3 of these Regulations, the direct cause of which is determined by an act not related to with the performance of a work task or official duties (pampering, fighting, intentional causing self-mutilation, suicide, cases of hidden illness and natural death, use of means of production in personal purposes without the permission of the employer, committing theft of property of an enterprise, employer of an individual and other actions of this kind). Actions, acts or deeds specified in this paragraph must be confirmed by relevant documents.

5. Accidents at work and accidents outside of work (hereinafter referred to as accidents) are divided into three types:

· accident with temporary loss of ability to work - an event that caused partial or complete loss of ability to work for certain time(at least one day), with its restoration after the end of the corresponding medical treatment and confirmed by a medical institution in the prescribed manner;

· serious accident - an event that caused severe damage to the employee’s body, confirmed by a medical institution in the prescribed manner;

· fatal accident - an event that led to the immediate death of an employee or death after some time, confirmed in the prescribed manner by a forensic medical examination institution.

6. Accidents are classified as:

o single accident - in which only one employee was injured;

o group accident - in which at least two workers were simultaneously injured in the same place and for the same reasons.

Reporting accidents

7. Every victim or eyewitness is obliged to immediately report the accident to his immediate or other to a senior manager and provide first aid, if necessary.

8. The manager, having received a message about the accident:

organizes the provision of first aid to the victim and, if necessary, transports him to the medical institution from which he requests medical certificate about the nature of violent damage to his body;

· evacuate, if necessary, personnel from the scene of the incident;

· informs the employer about the accident;

· maintains unchanged the real situation in which the accident occurred until the consent of the persons conducting the investigation is obtained, except in cases where maintaining this situation may lead to other accidents or to a threat to the life or health of other persons.

If it is necessary to change the real situation in which the accident occurred, photographs and diagrams of the place where the accident occurred are first taken, collected evidence, containing information about the accident, for transmission to persons conducting the investigation.

9. The employer immediately reports accidents at work (by telephone or through any other means of communication) to the Labor Inspectorate, the National Social Insurance Fund and, if necessary, a higher organization, a sectoral or intersectoral trade union body, technical or energy supervision, territorial center of preventive medicine (for acute poisoning).

In case of serious or fatal accidents, he additionally reports to the district police station where the accident occurred.

10. If among the victims there are employees of other domestic or foreign enterprises, the employer who experienced the accident immediately notifies the administration of the relevant enterprise and diplomatic mission country whose citizenship the victim had (in the event of a fatal accident that occurred with an employee of a foreign enterprise sent on business official purposes to an enterprise in the Republic of Moldova).

11. Medical institution, providing assistance to a victim at work, is obliged to inform the Labor Inspectorate or the territorial labor inspectorate in whose territory it is located, the data known to it regarding the identification of the victim and the enterprise where the accident occurred.

12. The report on accidents that occurred contains the following data:

· name, address of the enterprise or employer of the individual;

· surname, first name, Family status, age and profession of the victim/victims;

· date and time when the accident occurred;

· place and circumstances known about the accident;

· the nature of the violent damage to the victim’s body;

· surname and position of the person transmitting the message, telephone number.

Accident Investigation

13. The purpose of investigating accidents that occurred at work is to classify them, establish the circumstances, causes and violations of regulations and other rules that led to injury to workers, persons who violated the provisions of regulations, as well as to determine appropriate measures to prevent such events.

14. Serious and fatal accidents that occur at work are investigated by the Labor Inspectorate, and with temporary disability - by the employer's commission, and in some cases - by the Labor Inspectorate (when the employer is not able to create a commission to investigate the event).

15. Representatives authorized by a higher organization, local public authorities (occupational safety specialists), the National Social Insurance Fund and the trade union body have the right to participate in the investigation of accidents, if necessary. territorial center preventive medicine, and the presence of persons representing the interests of victims or their families in accordance with the established procedure.

16. Representatives authorized by these bodies have the right to participate in the investigation of accidents that occurred at facilities controlled by technical or energy supervision bodies.

17. Persons appointed to investigate accidents have the right to ask questions and accept statements from any responsible person, employee, person with information regarding the accident, study any documents of the employer necessary to clarify the circumstances and causes of accidents, and demand, according to necessity, carrying out technical expertise means of production.

18. Throughout the investigation of an accident, each participant has the right, in the presence of a labor inspector, to ask questions responsible persons, employees, persons with information regarding the accident, offer and, if necessary, express in writing their opinion about the circumstances, causes of the accident and persons who violated regulations and other provisions that led to the accident.

The opinion is sent to those investigating the event for inclusion in the investigation file.

19. Investigation of accidents outside of production is carried out in the manner established by these Regulations. The enterprise commission, and, if necessary, the labor inspector, completes the investigation by drawing up a report on the investigation of an accident outside of production in free form, which sets out only the circumstances and reasons of this event. The act drawn up by the enterprise commission is approved by the head of the relevant enterprise using the enterprise seal. The labor inspector draws up a report on letterhead territorial labor inspectorate.

20. If the employer did not report the accident, then this accident can be investigated on the basis of a statement from interested parties.

Investigation of lost time accidents

21. To investigate an accident with temporary disability within a period of no more than 24 hours from the receipt of a message about this event, the employer written order appoints a commission of inquiry.

The commission is formed of at least three people, which includes the head of the labor protection service (specialist) and one representative each from the employer and from the trade union (workers).

Persons appointed to the investigation committee must have appropriate technical training and not be appointed from among persons whose responsibilities include organizing, supervising or managing production process at the place where the accident occurred.

In some cases, such accidents are investigated by the Labor Inspectorate in the manner prescribed by these Regulations.

22. An accident that occurs to an employee of one enterprise while performing a work assignment or official duties at another enterprise is investigated by a commission of the enterprise where the accident occurred, with the participation of a representative of the enterprise whose employee is the victim.

One copy of the investigation file is sent to the enterprise whose employee is the victim.

23. An accident that occurs with an employee of an enterprise that performs work on a site allocated to him by another enterprise is investigated by a commission of the enterprise performing the work.

24. Accidents that occur with pupils and students during work or professional practice at enterprises are investigated by an enterprise commission with the participation of a representative of the educational institution.

25. From the date of issuance of the relevant order, the enterprise commission investigates the circumstances and causes of the accident, draws up and signs an investigation report within no more than 5 working days (see Appendix No. 1), which is subsequently approved and signed by the employer within 24 hours. Accidents investigated by the Labor Inspectorate are completed by drawing up an investigation report (see Appendix No. 2) on the letterhead of the relevant territorial labor inspectorate.

Registration and accounting of accidents

32. Accidents are registered and taken into account by enterprises whose employees are or were injured, and accidents that occurred at employers - individuals, are registered and taken into account by the local public administration body (mayor's office), in whose territory the individual employment contract is registered.

33. Accidents that occur with schoolchildren and students while working or undergoing professional internship at enterprises are registered by the enterprise.

34. Accidents at work are registered and accounted for separately from accidents outside of work.

35. Cases regarding the investigation of accidents are recorded and stored at the enterprise (in the mayor's office) for 50 years, and with the interested authorities - as necessary.

In case of liquidation of an enterprise (city hall) or failure to ensure the integrity of documents, accident investigation files are transferred for storage to the state archive.

36. Enterprises (mayor's offices) submit an annual report to the statistical authorities in accordance with the established procedure on the statistical situation of industrial accidents registered during the reporting period.

Final provisions

37. At the request of the victim or the person representing the interests of his family and interested bodies, the employer or the Labor Inspectorate, within no more than 3 days from the date of application, sends him a certified copy of the investigation report of the industrial accident or a copy of the investigation report of the non-work accident.

38. If an enterprise refuses to draw up an act of investigation of an industrial accident or an act of investigation of an accident outside of production, and also if the victim or the person representing his interests does not agree with the contents of the act, then the dispute is resolved in accordance with the legislation on the resolution of individual labor disputes.

39. Responsibility for the correctness and timeliness of reporting, investigation, reporting and recording of accidents that occurred at work, for drawing up reports and for taking measures to eliminate the causes of accidents at work lies with the head of the enterprise.

40. Control over the reporting, investigation, reporting and recording of accidents that occurred at work, as well as the implementation of measures to eliminate the causes of accidents at work, is carried out by territorial labor inspectorates.

41. Costs associated with the investigation of accidents, carrying out examinations, filing and sending investigation cases are borne by the employer whose employee is or was the victim.

42. Persons guilty of obstructing or delaying the investigation of accidents are liable in accordance with current legislation.