Prove an industrial accident

There was an accident and, as always unexpectedly. Under existing legislation, an accident at work should be investigated in the shortest possible time. In the event of non-enforcement of the law, there is a responsibility, and it is quite rigid. It is necessary to represent all phases of the action well. Compounding responsibility for a slow investigation is aggravated, when a person suffered a serious trauma.

Definition of an accident at the workplace: this is an event during which the insured worker was injured, or he was injured by the conditions of production. Here you can include:

Performance by the employee of the functions that provide for the employment contract, or the performance of work permitted by labor law;

Mutilations received on the territory of the insured and outside it, while following or returning to the enterprise on the road transport of the insured.

Time and location on a business trip can not affect the fact that the investigation of accidents is delayed, as is work on holidays and weekends, which are also considered workers.

Accident can not be considered a minor injury, which does not affect the health of the worker. If he received a serious injury, then after curing he must be transferred to another job, if he is unable to fulfill the former.

In the event that the employer deliberately hides the event, the procedure for investigating accidents at work takes a different turn. The Labor Inspectorate is submitted an application to the victim or his relatives, and the labor inspector, despite the fact that the statute of limitations has already expired, resumes the investigation. Even if the worker worked temporarily, concurrently or permanently, this will not affect the course of the investigation.

The employer is obliged to provide the employee with an enterprise that excludes any dangers of working conditions. If the staff of the enterprise exceeds 50 people, then there must be a department of labor protection. This post provides training for this type of activity. That is, an employee is required to have a certificate giving the right to engage in labor protection.

If there was an accident at the factory, the manager should conduct measures to provide assistance to the victim. If necessary, place it in a medical institution.

In order to avoid emergency situations, measures should be taken in time to prevent them: keep the situation under control, prevent panic if the threat to health and the lives of other workers is excluded. In some cases, work should be discontinued, until the reasons are clarified.

In addition, it is necessary to inform the senior management and other relevant bodies. In case of death of the employee, inform relatives.

Within 24 hours after the accident occurred at the factory, the head of the enterprise must transmit the information to the FSS body. In case of untimely report or non-reporting to the body within the specified period, the management of the enterprise, in the person of the director or the head, is fined or administratively prosecuted.

Accidents can be mild and severe. They are qualified by the application to the order of the Ministry of Health and Social Development of the Russian Federation.

The defining factor of trauma is the fact of a health disorder, which can later become chronic or, worse, cause the death of the victim.

If the accident at the plant is of an easy nature, the investigation period is extended to three days. To do this, a commission of three people, approved by the management of the enterprise, should be created.

At the end of the investigation, an act should be drawn up, describing the accident. The form of the act is free.