Legislative order. Industrial Accident Investigation

In the production process, one of the employees of the enterprise may suffer, which often leads to very sad consequences. Many people know that the director of the organization is responsible for such an event. But very few people know what the scheme for considering such a case is. The current situation, as a result of which the employee was injured, is subject to compulsory investigation. It must be carried out in accordance with the established form and have a strict order. The investigation of an accident at work and the rules for conducting it are the subject of this article.

Relevance

The procedure for investigating accidents at work is summarized below. But first we should say that this topic is very relevant in the conditions of a modern labor society. Industrial injuries today in Russian organizations - at an extremely high level. The crisis in the economic sphere negatively affects the conditions of labor activity. Perhaps, it is also true that in many enterprises today there is no proper discipline and order.

The investigation of an accident at work is a problem that many Russian authors devote their monographs to. Specialists in the field of labor law often address issues related to the issues discussed in this article, seeking to strengthen the safety of work and improve the system for eliminating and preventing the consequences of accidents. Due to the analysis of occupational injuries, the following factors were identified, which entail the emergence of emergency situations:

• Weakening the employer's attention to improving and modernizing the production process;
• Violation of the deadlines for the repair of equipment;
• Shortcomings in the conduct of technological processes;
• Deficiencies in the legislative and normative bases.

Goals and objectives

The procedure for investigating accidents at work is an activity that has the following objectives:

• Determine the cause of the accident;
• Determine measures to eliminate the factors that led to the event;
• Identify the perpetrators of the violation;
• Bring the perpetrators to justice;
• Give benefits to the victim.

The very term "accident" and ways to eliminate its consequences are present in the TC. In the legislative act about this event is referred to as an incident, as a result of which the insured employee was damaged, performing his labor duties.

It does not matter where it happened: on the territory of the employer, while traveling on official vehicles or within the walls of any other organization. The victim could be injured at another enterprise, carrying out the instructions of his boss. In any case, a clearly established scheme should have an order of investigation of accidents at work. Briefly we can say that the result of an emergency may be a temporary or permanent loss of the employee's ability to work and even his death. Therefore, in such a situation, the law provides for measures that the employer must certainly take.

Who can suffer in the enterprise?

In the production process, not only employees with whom the employer has entered into a labor contract can take part. Representatives of the following categories are also on the territory of the enterprise:

• Persons who undergo vocational training;
• Students who practice;
• Persons directed to the enterprise for the purpose of labor therapy;
• Convicted, attracted to labor.

What are some accidents?

The definition of an event that falls under the category of accidents also has its own order. The investigation of an accident at work begins with the establishment of the very fact of the accident. Physical injuries can be caused by:

• Damage caused by another person;
• Various heat strokes;
• Burn;
• Heavy or light frostbite;
• Drowning;
• Electric shock;
• Exposure to lightning or radiation;
• Explosion;
• Accident;
• Destruction of the building.

Features of the investigation

Thanks to socio-economic, sanitary-hygienic and medical-preventive measures included in labor protection, the risk of loss of ability to work of employees of the enterprise is reduced to a minimum. Of course, if we are talking about the organization of such a work process, in which all the rules are met.

But even with an ideally planned work activity, it is impossible to exclude emergency incidents. To eliminate the consequences of such events, the appropriate order is established. Investigation of an accident at work pursues the legitimate interests of the victim. From the effects of unfavorable factors it is protected by a set of special insurance rates. These norms are resorted to in case of disability.

The procedure for the investigation of accidents at work involves the commission of actions that comply with labor law. The basic requirements are formulated in art. 227-231 of the LC RF. The rules for examining work capacity, establishing the connection between the disease and the impact of production factors are contained in the by-laws.

Obligations of the employer

During the production process at the enterprise, the employer must monitor the safety of workers in the operation of equipment, buildings and structures. The safety of the implementation of technological processes, as well as the tools, materials and raw materials used in the organization should be ensured. In the regulatory and legislative documents, rules are prescribed for the use of funds that are capable of ensuring collective and individual protection of employees. Also, there are requirements for compliance with labor protection in all workplaces without exception. The employer must monitor the working and rest hours of employees. Infringements can lead to sharp deterioration of health of the worker that at the subsequent investigation, undoubtedly, will be considered. The duties of the employer also include:

• Purchase and issuance of special clothing, footwear and personal protective equipment (washable and detoxifying substances for employees involved in work with hazardous and harmful conditions of work);
• Training in safe working methods and first aid in case of accident;
• The prevention of a person who has not undergone preliminary training in labor protection to the production process;
• A regular check of the use by employees of funds that provide collective or individual protection;
• The organization of an extraordinary medical examination, if necessary;
• The removal of the employee from the production process in the event that he did not pass a compulsory examination in one of the medical institutions;
• Providing executive authorities and trade union control officers with all the documents that they need to work and carry out the investigation;
• Taking timely measures to prevent accidents and other emergencies;
• Investigation of all incidents and cases of the spread of various occupational diseases in accordance with the procedure provided for by the TC;
• Provision of medical treatment and preventive maintenance and social insurance of employees.

The employer is responsible for compliance with all these standards. In the event of an unforeseen event during which there is a victim, he is obliged to take the following measures:

• Organize, if necessary, first aid to the injured worker or take him to a medical institution;
• To eliminate traumatic factors, thereby to protect from the danger of other employees;
• Keep the situation in the area where the incident occurred (in the event that it does not threaten the health of others) in an unchanged state.
• Fix the situation (take a photo, make a video):

Employee Rights

The procedure for investigating an easy accident at work allows the injured employee to participate in this event. The decision to be made, he can always appeal to labor inspectorates or trade union bodies. In doing so, each employee should know that his employer is responsible for any emergency event during which he sustained bodily injury while performing his labor duties. Such situations include incidents that occurred on a business trip or on the way to any other organization on behalf of the administration. Elimination of the consequences of a vehicle accident, which the employer uses for production purposes, is also included in his duties. And even small injuries, which during the event are received by employees of the enterprise, require special consideration - according to the scheme, which contains the procedure for investigating an easy accident at work.

Under incidents that require compulsory consideration, according to the law, understand any event that entails even a minor injury to the health of one of the employees and occurred not only directly at the time of performing any work duties, but in all other situations related to the work process. The employee may be injured while putting in order production equipment, special clothing, being in the shower after the work shift and before it. Bodily injuries can also be acquired in overtime. All such situations require further investigation. That is why every worker must certainly familiarize himself with such provisions of normative and legislative acts as:

1. The procedure for investigating accidents at work.

2. Rights of an employee who suffered during the performance of his duties.

Lack of communication with production

The development of occupational diseases, which affects people involved in harmful production, does not require special investigation. However, they can also lead to professional disability. Factors that cause these diseases: behavioral, biological, chemical, physical. Often, not one employee can suffer from them, but several. But in such a situation, the investigation is not provided. Occupational diseases are established by medical authorities. It is the employer's responsibility to organize an emergency medical examination.

To accidents, for the consequences of which the management bodies of the enterprise do not bear responsibility, are:

• suicide
• natural death;
• Trauma from the criminal actions of the employee himself.

At the same time, if the employee was in a drunken state and was injured due to alcohol intoxication, the employer is guilty of this. It is he who, as already mentioned above, is obliged to remove such an employee from work. If he did not do it in time, he is responsible for the consequences. This is the procedure for investigating accidents at work. Russia is a country in which the health and work of every citizen is protected. At least that's what the Constitution says. The employers are entrusted with a huge responsibility, which, due to the mentality and national characteristics of the inhabitants of Russia, seems at times to be unbearable. Perhaps this is also another reason for the high level of injuries in production workshops.

Severity of accident

There are two categories to distinguish. The procedure for investigating a serious accident at work precedes the receipt by one of the employees of injuries, which entailed disability or death. Other cases belong to the light category.

Signs of severity are qualified by the nature of the injuries and complications that are associated with this trauma. If the victim has had any chronic illness, and as a result of the incident his health condition has worsened, this fact is also included in the general case of the investigation. In determining the severity of the harm done to health also plays an important role the time that is necessary for the employee to restore his ability to work. For severe personal injury or death of a person in the workplace, his employer is criminally liable if the incident resulted from violation of the basic rules.

What is the procedure for investigating accidents at work? First of all, we need a conclusion about the severity level. At the request of the representative of the investigative commission or the employer, the employees of the medical institution, in which the victim may be present for up to three days, are provided with a special document. It is a discharge epicrisis. It should be noted that ambulance personnel do not have such authority. They only provide first aid and do not issue any certificates.

The clinical and expert commission determines the severity of the accident and its consequences. Even minor health problems should be recorded. Mild cases include:

• Damage after which the employee is forfeited for up to sixty days;
• Loss of ability to work is not more than 20% (the victim can perform work with a decrease in the volume of professional activity by 1/5 of the previous load).

Like many other bureaucratic procedures, it is quite difficult for a non-specialist to get into the procedure for investigating an accident at work. The documents involved in the consideration of this case include a number of specific words and terms. Therefore it is desirable for every working person to study legal documents in order to avoid violation of his rights in the event of an accident.

Severe diseases include long-term health disorders and so-called persistent disability, which in non-professional language means nothing less than disability.

Priority measures

On how the employer should act in case of an accident, it was said above. It should also be noted that after the incident, he must notify the relatives of the victim as soon as possible. The telephone numbers of the close people of each of the employees from the chief should be available just in case of emergency.

In case of mild accident, the trade union organization and the labor protection service should be notified. To do this, the employer is obligated within twenty-four hours.

Stages of

The procedure for investigating accidents involving production can be divided into several stages. First of all, the employer notifies the appropriate instances of the emergency. Then a commission of inquiry is set up, after which the specialists determine the cause of the accident and its connection with the production. The final stage is the preparation of the outcome of the investigation and its inclusion in the statistical report.

The commission should have several people (according to the law - at least three). Among them, there must be a person who ensures the impartiality and professionalism of the investigation. They may be a specialist in the field of labor protection or a member of the trade union body. The newly created commission can be headed by both the employer and his representative. However, the composition of the commission should be documented, namely - approved by the order of the director of the enterprise. The investigator can not be an administrative person, on whose plot the incident occurred.

In addition to the employer and the disinterested person, who may be a specialist hired on a contractual basis, a person must be present in the commission who represents the victim's interests.

It should also be aware of what procedure for investigating an accident at work should be if the incident occurred with one of the employees who were sent by their leader to another organization. The commission is obliged to inform the employer, in whose territory the extraordinary event occurred, of its conclusion. The investigation is conducted exactly where the incident occurred. Responsibility is solely with the employer of the victim.

An event that entailed traumatic injuries to employees and for which the employer did not declare in due time to the relevant authorities for any reason is considered from the moment of submission of the application of the victim within a month. The limitation period does not have such a thing.

Group accident

On such an event, the employer must declare during the day in the labor inspection, the prosecutor's office, executive authorities, the organization of trade unions. The procedure for investigating a group accident at work looks almost the same as the scheme for dealing with a serious incident or incident, which entailed the death of one of the employees.

If the misfortune occurred on the ship, it is necessary to notify the transport prosecutor's office about the incident. The employer of the injured employee of the fishing fleet vessel is obliged to provide information to the bodies dealing with fishing issues.

Russian, Belarusian and Ukrainian labor law

The procedure for investigating an accident at the Russian Federation has much in common with schemes that are applied in practice in enterprises of the CIS countries. Differences are present, as a rule, only in the formulations. Each employer should be familiar with all legal documents and articles involved in the consideration of the case. According to the Ukrainian labor law, the most important of them is Order No. 1232. It provides for keeping records of various incidents, occupational diseases and accidents at the enterprise. Procedure No. 1232 for investigating occupational accidents is a document on the basis of which the employer must act in the event of an incident in which one of his employees was injured or a group of workers.

As for the Belarusian labor law, there are even fewer differences with the Russian labor law. In case of emergencies, a similar procedure for investigating an accident at work is provided. The RB in this regard has practically the same legislation as the Russian Federation.