Term of investigation of an accident at work. Timing of investigation of light, severe, fatal, group accidents at work

The task of each employer is to create safe working conditions. The automation of production processes, the availability of individual protection contribute to the rationalization and increase of labor efficiency, but, despite the observance of safety rules, industrial injuries are not excluded. Let's talk about the terms of investigation of an accident at work.

A responsibility

According to the Labor Code of the Russian Federation, the employer is responsible for:

• Safety of workers in the labor process;
• Safe operation of equipment, tools, materials, raw materials, buildings and facilities;
• Correct use of personal protective equipment;
• Conducting safety training courses, providing medical assistance, internships for employees;
• Organization of diverse types of safety briefings;
• Timely implementation of the WCO (special assessment of working conditions);
• Timely medical examination;
• Observance of terms of investigation of accidents at work.

Obligations of the employer in case of emergency

The employer is obliged to follow the sequence of actions, taking into account the terms of investigation of accidents at work.

The employer in the emergency is:

• Organize immediate medical care;
• Take measures to prevent further development of the accident;
• Before the arrival of the commission and the commencement of the term of investigation of the accident at work, keep the situation unchanged;
• Whenever possible make a video;
• Inform state bodies;
• Carry out all actions necessary to ensure an objective investigation in accordance with the law.

At the expense of the employer's resources:

• Technical calculations;
• Laboratory analysis, testing;
• Carrying out of works by experts, researches of experts;
• Photo and video materials from the scene;
• Drawing up schemes, plans, sketches;
• Vehicles, communications, premises, special clothing and others for investigation.

Injury

Injury falls into the category of production, if it is fixed:

• During working hours and at the work site;
• When using transport for the purpose of following to work, on a business trip;
• In the interval between shifts (rotational method);
• When performing actions in the production interests.

The concept of an accident at work

In the timeframe established by law, the investigation of occupational accidents is carried out with:

• Frostbite;
• Damage to electricity, lightning, radiation;
• Burns;
• Drowning;
• Bites of animals, insects;
• Causing bodily harm by other persons;
• Injury due to the destruction of structures, structures or buildings, accidents, explosions, natural disasters;
• Other damages that entailed persistent or temporary loss of the employee's ability to work or his death.

The victims

The legislation defines a list of subjects who may become victims in an accident at work. In accordance with Art. 227 TC RF, they include employees of the enterprise and persons involved in the production process, performing labor duties or work on the instructions of the employer (his representative) or other lawful actions on behalf of the employer.

In the cases established for the investigation of the accident at work, the commission examines the testimony of participants, witnesses of the incident, employees who violated the regulatory requirements, requests information from the employer, records the explanations of the victim.

Documentation

Materials for investigation:

• The order to establish a commission of inquiry issued by the employer;
• Materials from the scene;
• Documents containing a description of the workplace, its condition, availability and level of exposure to harmful factors;
• Extracts on the passed trainings on labor protection and testing of knowledge of the victims;
• Protocols of interviews of witnesses, officials, victims;
• Expert opinions;
• Medical conclusions about the severity of the harm received, the causes of death, about the sobriety of the victim;
• Copies of documents on receipt of overalls for victims;
• Instructions of state inspectors on labor protection;

The Commission of Inquiry may, if necessary, request other documents and documents.

After analyzing the materials provided, the commission determines the reasons, establishes the specifics of the accident, the guilt of the victim, identifies violations by the participants in the incident. Based on the findings, the amount of the insurance payment is determined.

How and whom to notify

The employer notifies the bodies authorized to supervise the implementation of the provisions of the TC, as well as the prosecutor's office, local authorities, territorial association of trade unions not later than 24 hours after the event, if more than 2 people were injured, serious damage was found or the fact of death was fixed. должен быть составлен отчет. Before the end of the accident investigation in the factory , a report must be compiled. It indicates the causes of the accident, the nature of the damage and other relevant information.

Commission

The responsibility for its formation rests with the employer. The commission should include at least 3 people:

• An OT specialist or a person responsible for organizing an OT;
• Representative of the elected body of the trade union;
• Representative of the employer.

The head of the commission should be the employer or his representative. In cases established by the TC, the management of the commission is carried out by an official of the federal executive structure, which exercises control and supervisory functions. This procedure is fixed by Article 229 of the TC.

When poisoning, exposure to radiation in the commission there is a representative of the sanitary and epidemiological service of the Russian Federation.

When investigating an accident (group including) which resulted in serious harm to health or death of the victim, the commission includes the state labor inspector, a representative of the local executive power structure, and a representative of the territorial trade union association.

Order of investigation

Regulations on the specifics of the investigation of accidents in certain industries and enterprises, as well as the forms of documents used in this case, is approved by the executive structure of the government authorized by the Government of the Russian Federation.

On the basis of the investigation materials, an act is drawn up and sent to the local Prosecutor's Office within three days, copies of the acts to the state inspection and the FSS. The copy of the certificate remains with the employer.

The chairman of the commission determines the events and conditions of the investigation.

If an accident occurred to the employee during the performance of part-time work, the investigation is carried out at the scene of the incident.

The timing of the investigation of accidents at work

They are determined, first of all, by the severity of the harm caused. Its definition is a special medical commission. Equally important are the circumstances of the incident. What are the terms of investigation of accidents at work? They are calculated in calendar days:

1. A slight harm to health corresponds to a loss of ability to work for a period of up to 60 days. According to the Labor Code of the Russian Federation, the investigation period for an accident at work is not more than three days.
2. Severe injuries, injuries and other injuries that pose a danger to life / health, which can cause significant or moderate impairment of the functions of the damaged system or organ, are considered serious. The term of investigation of a serious accident at work is 15 days.
3. In the event of the death of an employee on his behalf, a relative or a trusted representative takes part in the investigation of the incident. The deadline for the investigation of a fatal accident at work lasts 15 days.

If the injured 2 or more, the accident is called a group accident. The timing of the investigation of group accidents at work is also determined depending on the severity of the damage.

In practice, it happens that the employer was not informed of the accident in time or as a result of the incident, the disability of the injured person did not come immediately. In accordance with the TC, the investigation period for accidents at work in such situations is 30 days. The calculation is carried out from the date of receipt of the application from the victim or his authorized representative.

Act

For each incident involving the transfer of the employee to another job, loss of ability to work for at least 1 day or the death of the victim, an act is compiled in 2 copies. The need for translation is confirmed by a conclusion issued by the medical commission in the manner established by federal legislation or other regulatory enactments. In case of a group accident, the act is issued for each employee separately. If the insured person is the victim, a third additional copy of the document is drawn up.

The act details the reasons and circumstances of the accident, the names and positions of persons who have committed violations of safety rules at work and the requirements of the OT are indicated. If, due to the gross negligence of the insured entity, the harm to his health has arisen or increased, the document indicates the degree of his guilt (in percents).

After the completion of the investigation, the act must be signed by all the persons who participated in it. The document is approved by the employer (representative of the employer), stamped (if any).

Non-production cases

For non-production cases, the act is to be formalized in an arbitrary form. These should include:

• Death due to a disease not associated with professional activity, suicide, confirmed by a medical examination and a forensic examination;
• Death and trauma due to taking alcoholic beverages, drugs;
• A trauma received during the commission of a criminal act.

Deadline

In legislation, the statute of limitations for the investigation of an accident at work has not been established. In this regard, the refusal to investigate the application of the victim or his trustee (relative) is not allowed.

When changing the form of ownership of the enterprise or its liquidation, the investigation is conducted by the state labor inspector with the participation of the insurer and the representative of the trade union.

Extension of the time of investigation of an accident at work

Absence and untimely arrival of members of the commission can not act as a basis for increasing the period allocated for the investigation.

In practice, not always authorized persons manage to complete the study of materials within the time limit stipulated by law. The need to extend the investigation period may be due to various reasons. In difficult cases, for example, additional examination may be required, medical examination.

The chairman of the commission decides on the extension of the term. Extend the period, however, can not be more than 15 days. If, after that, the investigation is not completed within the established timeframe, in connection with the need to consider the circumstances of the incident in the institutions that carry out the examination, the investigation / inquiry bodies or the courts, the decision to increase the time limit is taken after its coordination with the specified structures and taking into account their Decisions.

Formed according to the rules provided for in the TC, accidents are registered in the established order in the logbook.