The concept of an industrial accident: the procedure for an investigation

No matter how well the leader and his subordinates did not monitor the safety at work, there are still times when people suffer. This is not necessarily due to negligence, it is possible that the equipment has become unusable, because it wears out and more often before the end of its service life. Well, if everything worked out, and the injuries are light, and what to do in cases where people die? What is the concept of an accident at work?

How is the investigation conducted?

The investigation of the accident is carried out on the basis of Article 229 of the Labor Code of the Russian Federation. To this end, the employer must immediately create a commission, headed by the head of the enterprise and representatives authorized by him. The composition of the commission is approved by the corresponding order. It includes several people who are responsible for such events:

• Occupational safety specialist;
• Several representatives of the employer;
• A trade union representative or a person authorized by workers to act on their behalf.

It is worth remembering that the responsible person in charge of security at this site or facility should not be a member of the commission.

If the incident occurred with a person who was sent to work for another employer, then the commission should be created by the head, at the company of which the trouble occurred.

After the commission is established, it must immediately begin work and consider carefully all the circumstances of the case. The concept of an accident at work is a very important point, and every manager must quickly respond to any offense relating to work safety.

Concept and types of accidents

All types of accidents that occurred with a person are divided into two types: production (they occur directly at the workplace or at the time that is specified in the contract) and household (occur in their spare time and are not related to production, even if there have occurred at work).

Accidents that do not occur during working hours are not considered accidents, but when the employee commits a crime, for example, when the employer's property is stolen. But the injuries and other troubles that occurred before the start of the shift and after it, can be considered an industrial trauma.

There are accidents without disability, to which one can include microtraumas. There are also cases of temporary disability for one day or more, with disability or death. In addition, there are single and group accidents.

If the worker used agricultural equipment during the working day, and an accident occurred, he is qualified because of the occurrence of:

• Due to a malfunction of the vehicle;
• Due to poor road conditions;
• Insufficient qualification of the worker (he was not fully trained in the management of equipment), low labor discipline.

What accidents should be necessarily investigated?

Considered what a work accident, concept and species is, but the question arises whether they all fall under investigation? You can only answer in the affirmative.

It is necessary to investigate all incidents that affected workers and other persons taking part in the production activities of the enterprise. The unfamiliar concept of an accident at work has its own form: an accident is an accident, as a result of which a person received:

• Injuries, including, if they were inflicted by another employee;
• heatstroke;
• Burns of different degree;
• Frostbite;
• drowning;
• Damage by radiation, electricity or lightning;
• Bites and injuries inflicted by insects or animals;
• Explosions, accidents, destruction of buildings, natural disasters and special circumstances;
• Other effects of external factors that adversely affected human health.

At what time should the event occur to be considered an occupational trauma?

The wording of the concept of "accident at work" can be applied if the events occurred:

• During a working shift in the territory of the employer or in the place where the direct supervisor sent him. This also applies to breaks, the performance of various pre-shift or post-shift work during the overtime, but only if there is an order to work beyond the specified time;
• During the journey to the immediate work place or in the opposite direction on the employer's transport or on any other, if it is used for the purposes of production at the order of the employer or by agreement of the parties to the contract;
• During the journey to the place where the worker was sent to, and also when he went to the place of work where the worker was sent by the employer's representative or by him personally for the performance of a particular assignment;
• If the type of work provides for a watch, then during rest between watch, if the worker is on any type of sea vessel;
• When performing any other actions that are provided for in the employment contract.

The concept of occupational accidents and occupational diseases

Often, an accident at an enterprise implies an occupational disease that has occurred due to a long stay in harmful production, resulting in a temporary or permanent loss of ability to work.

The acute form of the disease, as a rule, is a single impact on the worker of a harmful production factor that led to a loss of ability to work. It can be either temporary or permanent.

The chronic form of a professional ailment is a pathology that has occurred as a result of a long-term presence of the employee in a environment harmful to his health, as a result of which he temporarily can not perform his professional duties or on an ongoing basis.

That is why the concept of an accident at work concerns also the professional poisoning of the insured person.

Accident investigation

The concept of an insurance accident at work requires a thorough investigation. The formed commission should find and conduct a conversation with all eyewitnesses of the incident, identify the persons who violated the safety requirements, obtain the necessary information from the management and the victims, if they are able to give testimony. During the interview it is necessary to keep the corresponding protocol in form 6, which is established by Resolution 73.

After examining the place where the emergency happened, the commission keeps a record, but draws it up in form 7. If you need something, you can ask the employer:

• Order to establish a commission, whose duties will include the investigation of all accidents;
• Sketches, schemes, plans to inspect the place where the misfortune happened;
• Documentation that characterizes the workplace, the presence of harmful and dangerous to human factors;
• Extracts from the register of registration of the passage of workers to safety engineering;
• Protocols of eyewitness interviews;
• Expert opinions of specialists;
• Documentation confirming that the worker received all the necessary overalls;
• Other documents at the discretion of the commission.

On the basis of all these documents, the commission makes a verdict on whose fault the tragedy occurred.

What are the terms of the investigation?

On the investigation of accidents that are not difficult, the commission is given three days, and group "heavy" incidents can take up to two weeks.

If the accident has not been notified in time to the management of the enterprise, or the victim has not lost his ability to work at once, then the investigation lasts for 30 days from the date of receipt of the application.

If necessary, if there are no all documents or accurate data on the condition of the victim, the investigation period can be extended for another two weeks.

Sometimes, within the agreed time frame, the commission's conclusion can not be rendered, various factors can prevent it. For example, you need to carefully check the conclusion, additionally interview the victims or get some more data. In this case, the decision on the duration of the extension is made by the relevant authorities.

Terms of consideration of all nuances of the accident are calculated in calendar days from the moment when the head of the enterprise signed the order. But it is worth remembering that it is strictly forbidden to carry out an investigation less than this period in the Labor Code.

Definition of the "accident at work": the proper execution of investigation documents

On the occasion, in a workplace that is considered unhappy, as a result of which the victim had to look for a new job, he temporarily lost his capacity for work or there is a fatal outcome, the commission draws up an act under the form specified in resolution 73.

The certificate is issued in two copies; If the victim is an insured person - then in three, having equal legal force. And if there are several victims, then such a document is issued to each of them.

Every victim can read in the document what form of the accident was made by the commission, what causes and circumstances led to the accident, the persons guilty of violating the safety procedures, as well as the degree of fault of the victim himself.

The act is signed by all members of the commission, then the document is approved by the head and stamped.

conclusions

We tried to tell in detail about what is the concept of an accident at work, the procedure for the investigation and the timing of all events that help to understand all the nuances of the case. Every person who comes to work must necessarily get acquainted with all the nuances of the investigation in order to know exactly how everything should pass. Also, every future leader must know exactly what to do if suddenly a worker gets injured at his enterprise to immediately begin an urgent investigation and notify all relevant services.