Who heads the commission to investigate occupational diseases and accidents

What is the commission for?

The obligation to create a group to determine the circumstances of an injury during work is prescribed in the Labor Code of the Russian Federation. The commission investigates the occurrence of harm to workers' health in the work environment. The circle of affected persons includes citizens who are not on the staff of the organization, but perform professional duties on its premises and are subject to insurance.

Group to study the causes of incidents causing harm to personnel health

Attention! An accident involving harm to people on a production site is regarded as an incident within the employer's department that must be investigated.

The objectives of the investigation team are multifaceted. First of all, the conditions under which the damage to life occurred, the list of persons who committed violations of technological standards, and safety requirements in the workplace are clarified.

As a result of the proceedings, proposals are put forward to restore normal operation, and the damage caused to the organization is calculated. A list of ideas to prevent future accidents is being compiled. In the end, it is decided whether the incident is considered work-related or not, and responsibility is assigned to the specific employer or official.

If harm to health is caused to a person insured against accidents at work, the degree of guilt of the victim is assessed. Based on the calculation, the insurance payment to the victim is determined.

The inspection documentation must contain the following regulations:

order to create a working group with a list of responsible persons;
accident site inspection report with plans and diagrams, photographs;
assessment of the state of the workplace with measurements and calculations;
report on interviews with eyewitnesses and victims;
expert opinions on the condition of equipment, compliance with production standards;
an epicrisis of doctors about the health status of the victims, the severity of the injuries, the fact of drug or alcohol intoxication during the performance of work duties;
receipt for receipt of protective clothing and protective equipment before starting work.

The obligation to create a group to investigate injuries at work is described in the Labor Code of the Russian Federation.

Investigation stages

During the implementation of investigative measures, the employer is subject to the following obligations:

to provide documents and materials necessary for the commission to determine the reasons for receiving an occupational disease (even archival documents and extracts may be required);
ensure the safety of information that can help organize the investigation;
carry out examinations at the request of the examination commission.

During the relevant activities, the Special Commission interviews the victim, as well as those responsible who allegedly committed a violation of sanitary and epidemiological norms and requirements.

After conducting the surveys, the commission requests explanatory statements from the victim and the employer, and also verifies information received from the victim’s colleagues, responsible persons of the employer and other citizens acting as witnesses.

Upon completion of the inspections, a representative of the commission prepares a report within 3 days according to the model established by law.

The above procedure is valid when investigating acute diseases. For chronic forms, the rules are the same, only checks are carried out at the victim’s last place of work.

Who creates a commission to investigate an incident involving injury to personnel?

Industrial accident investigation: documents

The formation of a group to determine the sources of an incident at work is carried out by the head of the association or a representative appointed by him. The team is created as soon as possible after the event occurs.

At the same time, materials about the working environment at the time of the injury must be compiled and prepared for further development - photographs of the scene of the incident, technological instructions, workshop diagrams.

Fatal occupational injury on the production floor

In the event of an accident with a group fatality where there are 5 people injured, the investigation team is supplemented by employees of the executive authority, which monitors compliance with labor legislation. Employees of the all-Russian organization of trade unions should also be present. The group is headed by the chief state labor inspector.

Important! A detailed list of commission members must be approved by order with accompanying documents attached.

Investigation procedure

The commission that conducts the investigation works strictly according to instructions approved by the Government of the Russian Federation. It determines the procedure for the employer and the commission. The employer must:

submit to the commission for study all documents from which one can obtain an idea about the employee’s working conditions and workplace;
preserve all materials and equipment that will help identify the causes of the incident;
pay from the organization's budget for conducting investigative examinations.

The commission asks management and the victim about the incident, identifies inconsistencies and discrepancies if necessary, and talks with other members of the team, including officials through whose fault the violation may have occurred.

Conducting an investigation, the commission records information: keeps minutes of conversations, saves the results of examinations of the sanitary and epidemiological state of the workplace and working conditions, makes extracts from logs of safety instructions. Finds out whether the employee was issued personal protective equipment and requires documentary evidence.

3 days to work . An inspection report is being prepared by this date .
The investigation into the causes that led to the chronic disease is carried out in the same manner. Carry out at the sick person’s last place of work.

Registration of the act

The document is drawn up according to the model established by the Government of the Russian Federation in 5 copies - for the victim, the employer, the medical center, the Social Insurance Fund and Rospotrebnadzor.

The report does not refute or confirm the diagnosis. It lists the reasons that caused the illness or injury, indicates the duration of the influence of harmful factors on the health of employees, and also names the persons whose actions or, conversely, inaction led to this.

If the commission found that the cause was violations in work, labor discipline or safety regulations by the victim, then the degree of his guilt is determined and indicated as a percentage.

The act is signed by the participants in the investigation and approved by the chairman of Rospotrebnadzor, who heads the work of the commission.

Which persons are included in the group to determine the causes of an industrial accident?

Composition of the commission for testing knowledge on labor protection

The commission to investigate an industrial accident must include at least 3 persons. Among the responsible persons must unconditionally be present:

occupational safety engineer,
management team of the association,
trade union representative.

The above group is headed by a manager or a responsible employee appointed (by written order) in his place. He must pass certification for knowledge of labor safety standards and have a certificate. An occupational safety specialist can be brought in from a third-party organization for cooperation under a contract. This is done if the staff does not have its own OT engineer.

The composition must be formed without an employee responsible for labor protection in the area in which the injury incident took place. Also, the injured person cannot be included in the investigation group.

In a situation where an injury occurred while performing work at the site of another employer, he must form a group to analyze the industrial accident and involve a representative of the victim’s organization for cooperation. The composition of the team is approved by order of the head of the enterprise.

Rostechnadzor office - government occupational safety specialists work here

For what purpose is it carried out?

To begin with, we should talk about the number and types of diseases established by Government Decree.

Among them are:

acute occupational disease.
an illness acquired at work and which has become chronic.

In the first case, this is an isolated case of deterioration in the employee’s health, for example, poisoning. It can cause the employee partial or complete disability.

In turn, a disease that has passed into the chronic stage presupposes an illness that arose as a result of prolonged exposure to negative factors on the employee’s body. This entails partial or complete disability of the person in the future.

The presence of an occupational disease in a particular person is identified by an employee of the medical institution to which the employee applied. The head of this institution notifies the employer about the presence of an occupational disease in a citizen.

If the disease is chronic, the maximum notification period is 3 days, and if an acute form is detected - on the day the disease is detected. In addition to the employer, it is also necessary to notify the management of the local branch of Rospotrebnadzor.

Confirmation of the announced diagnosis and identification of the causes of its occurrence is based on the creation of a special commission. In case of a chronic disease, it is created within 10 days, and in case of an acute form of the disease - within three days.

If an occupational injury has resulted in the injury of several workers or even the death of an employee, then a commission is created immediately, conducting an appropriate investigation.

Who approves the composition of the commission of an object controlled by Rostechnadzor

You should refer to labor legislation to find out who approves the composition of the commission of an object controlled by Rostechnadzor. The group will investigate the details of the accident that caused harm to persons while in production areas.

What is the composition of the commission for testing knowledge on electrical safety of electrical personnel

If an injury occurs at an enterprise controlled by Rostechnadzor, the head of the association immediately notifies the territorial executive authority to which the enterprise belongs. The team and the number of people it will consist of are approved by the governing body of the body.

The group can be formed from officials of the association, this includes:

OT engineer,
trade union worker,
leadership unit.

The group is headed by an employee of the executive branch, specially authorized to carry out this activity.

Attention! An occupational safety specialist is equivalent to a government inspector and does the hard work of investigating the cause of an accident. He draws production diagrams, talks with witnesses, draws up reports.

OT Engineer

Who heads the commission of inquiry into occupational disease in 2020

Creating a commission to investigate the occupational illness of an employee of an organization is a rather complicated procedure. What is it, who is the chairman of this commission. What are the main goals of the commission, as well as the legislative basis for its activities.

Today, the activities of the commission to investigate occupational diseases are regulated at the legislative level. Regulatory legal acts certify the grounds, procedure and process of work of this body.

Among the main legislative acts the following should be highlighted:

Decree of the Government of the Russian Federation, dated 2000 No. 967.
Federal Law regulating the problem of registering diseases due to negative working conditions on a legal basis.
Federal Law on the provision of benefits and privileges for citizens with occupational diseases.

For what purpose is it carried out?

To begin with, we should talk about the number and types of diseases established by Government Decree.

Among them are:

acute occupational disease.
an illness acquired at work and which has become chronic.

In the first case, this is an isolated case of deterioration in the employee’s health, for example, poisoning. It can cause the employee partial or complete disability.

The presence of an occupational disease in a particular person is identified by an employee of the medical institution to which the employee applied. The head of this institution notifies the employer about the presence of an occupational disease in a citizen.

Confirmation of the announced diagnosis and identification of the causes of its occurrence is based on the creation of a special commission. In case of a chronic disease, it is created within 10 days, and in case of an acute form of the disease - within three days.

If an occupational injury has resulted in the injury of several workers or even the death of an employee, then a commission is created immediately, conducting an appropriate investigation.

The commission to investigate occupational diseases consists of five people.

Among which it should be noted:

Head of Rospotrebnadzor.
The head of the organization where the injured employee works, or an official representative of the enterprise.
The doctor examined the employee.
Trade union representative.
Engineer of this enterprise for safety and labor protection.

If an employee is diagnosed with an occupational disease not at his main place of work, but during a business trip to another enterprise, the number of commission members increases. The head of the enterprise where the employee worked during the business trip is added.

The chairman of the commission is the head of Rospotrebnadzor. In cases where an enterprise was liquidated or reorganized for some reason, the order to create a commission is issued by an employee of Rospotrebnadzor, and the composition is also approved.

Also, on the personal initiative of an employee who has been diagnosed with an occupational disease, it is possible to include the employee in the commission conducting the investigation.

In addition, an authorized person can act on his behalf, acting as a representative on the basis of a document certified by a notary.

To include an employee in the commission, an arbitrary application is drawn up and addressed to the chairman - head of Rospotrebnadzor. Important! The employee does not make decisions, has no voting rights, and does not sign the final inspection report.

Order of conduct

The performance of official duties of the commission is permitted only in accordance with instructions approved by the Government of the Russian Federation.

Thus, the employer has the following responsibilities:

The commission must be presented with all the necessary documents that certify the working conditions of the employee, as well as his workplace.
Preservation of equipment and all materials that the employee encountered and which will help identify the causes of the incident.
Pay for medical examinations during the investigation from the enterprise budget.

The commission has the right to interview employees of the organization, as well as management, identifying the origins and cause-and-effect relationship of the event.

If inconsistencies are identified in the information received or mistrust is detected, it is possible to conduct a conversation with other members of the team, as well as with officials.

During the investigation, all information is recorded: protocols of discussions of all the details of the incident are drawn up, the results of the examinations of the conditions of the workplace and the working conditions of the worker are recorded, and extracts from the logs of tracking the implementation of safety instructions are drawn up.

The commission pays special attention to whether the employee was given special personal protective equipment; if the answer is positive, there must be documentary evidence.

The period of activity of the commission, as a general rule: 3 days. The result of the activity is an inspection report.

The document is drawn up in five copies according to the sample issued by the Government of the Russian Federation:

directly to the sick employee;
the head of the organization;
the medical institution where the employee was examined;
regional division of the Social Insurance Fund;
Head of the Rospotrebnadzor department.

This act does not act as confirmation or refutation of the diagnosis made by the doctor. It contains the grounds according to which the disease (injury) appeared, and indicates the time period of exposure to negative labor factors on the employee.

A list of persons through whom harm was caused to the employee’s health in one way or another is also indicated. In cases where the guilt of the victim himself is established, as a result of which this led to injury or illness, the act indicates the degree of guilt of the employee in percentage terms.

The act is signed by all parties to the investigation (listed above), and approved by the head of Rospotrebnadzor, that is, by the one who heads the commission to investigate the occupational disease.

The head of the enterprise receives one month, during which he receives this act, studies it and either agrees or submits a counter-complaint to challenge the document to the following higher authorities: the branch of Rospotrebnadzor, the regional labor inspectorate, the local Social Insurance Fund or the judicial authority.

Important! The materials of each industrial accident are stored in the Rospotrebnadzor database for 75 years.

Confirmation by the commission of the fact of injury or occupational disease guarantees the employee state financial support and assistance, as well as benefits directly from the employer.

An employee who has contracted an occupational disease has the right to a one-time benefit due to damage to health caused by working conditions and subsequent temporary or complete disability. The amount of the benefit depends on the employee's salary.

It is also possible to receive a disability benefit or pension.

In addition, the right to receive additional leave is noted, and when submitting an application to the trade union, a free trip to a medical sanatorium.

Deadlines

The time frame for the formation of the commission, as well as the beginning of the investigation, depends on the form of injury:

In the event of an acute illness, a commission is created as soon as possible, within 24 hours from the moment the manager is notified of the deterioration in the employee’s health.
In case of a chronic disease, notification and creation of a commission occurs within 10 days.

The action of the commission is also limited by time frame, usually three days. However, in cases of group illness or death of an employee, the period may increase to 15 days.

Thus, a commission to investigate an employee’s occupational diseases is created at the enterprise where the accident occurred. Members of the commission, led by the chairman - head of Rospotrebnadzor, examine all the intricacies and causes of the disease, as a result of which they issue an act.

on this topic:

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: https://juristampro.ru/kto-vozglavljaet-komissiju-po-rassledovaniju-professionalnogo-zabolevanija/

Governing legislation

The responsibility and procedure for creating an investigation team are described in Art. 229 Labor Code of the Russian Federation.

The government establishes the responsible executive body. He, in turn, approves the Regulations on the procedure for investigating accidents at enterprises in certain industries. The chairman establishes forms of documents to establish the causes and circumstances of accidents.

The commission must be created from competent employees. The authenticity of the causes of the tragedy can only be established through a careful and detailed study of the details. The results of the investigation will determine the amount of compensation to injured personnel for injury to health at work.