The commission recognized the accident as not related to production: what to do next

News

Every industrial accident registered in accordance with the established procedure, including industrial accidents that occurred with employees who have entered into an employment contract for a period of up to two months or engaged in seasonal work, as well as persons who have entered into an agreement to perform work from home (homeworkers), are registered by the employer (legal entity or individual), who, in accordance with the decision of the commission, records it in the register of industrial accidents in accordance with Form 9, provided for in Appendix No. 1 to this Resolution. Industrial accidents that occur with employees of religious organizations are registered by the relevant religious organizations (associations), which have undergone state registration in the prescribed manner and act as an employer in relation to the victim.

Consultation center

It is drawn up according to the form approved by Resolution No. 73 and is filled out on the basis of a certificate of the final diagnosis of the victim from the unfortunate variant in production, form 316u. If the last day of the term falls on a non-working day, then the first working day following it is considered the end day of the term, unless otherwise provided by the actual code. If the end of a period calculated in months falls on a month in which there is no corresponding date, then the period expires on the last day of that month. The parties identify organizations and persons independent of them as intermediaries. While a civil servant is studying, he retains his position, guarantees and compensation payments.

Sep 10, 2019adminlawsexp

Drawing up a free form act

Important

In case of insured events, the employer (his representative) sends the third copy of the approved and sealed (if stamped) act of form N-1 (N-1PS) to the executive body of the insurer (at the place of registration as an insured). (as amended by Order of the Ministry of Labor of Russia dated November 14, 2016 N 640n) (see text in the previous edition) 31.

Acts of form N-1 (N-1PS) on industrial accidents, the investigation of which was carried out without the formation of a commission (clauses 16, 20 (second paragraph), 25 and 38 of these Regulations), are drawn up by the employer (his representative) or his authorized person on basis and in accordance with the conclusion (accident investigation report) drawn up by the state labor inspector who conducted the investigation of the accident in accordance with the established procedure, about which a corresponding entry is made in the act of form N-1 (N-1PS) (instead of the signatures of the commission members).

How many years is an occupational disease report kept in an organization?

Attention

The special provision was put into effect by the Decree of the Government of Russia “On approval of the Regulations on the Investigation...” of December 15, 2000 No. 697. What are the main tasks of conducting an investigation into an occupational disease? Regulations on the investigation and recording of occupational diseases The procedure for investigating and recording occupational diseases, making a diagnosis When is the diagnosis of an acute or chronic disease repeated? Commission for the Investigation of Occupational Diseases at Work Materials from the investigation of occupational diseases, their storage periods Subscribe to our channel in Yandex.Zen! Subscribe to the channel What are the main objectives of an investigation into an occupational disease? Ensuring normal working conditions is recognized as the basic principle of regulation in the field of labor law. The responsibility to investigate occupational diseases lies with the employer (Art.

Accident not related to production

If during the investigation of an accident that occurred with a person who performed work on the basis of a civil law contract (clause 16 of these Regulations), information was established that gave sufficient grounds to believe that the specified contract actually regulated the labor relations of the victim with the employer, then the act of investigation of an accident, together with other investigation materials, is sent by the state labor inspector to the court in order to establish the nature of the legal relations of the parties to the said agreement. The decision on the final registration of this accident is made by the state labor inspector, depending on the merits of the said court decision. 29.

Accounting and storage of materials on the investigation of industrial accidents

The regulation on the investigation and recording of occupational diseases obliges the employer to take the following actions:

Provide access to any materials containing information about working conditions in a given workplace.
Carry out all necessary research - examinations, laboratory and instrumental measurements and analyzes, etc. - which members of the commission deem necessary to clarify the circumstances of the occurrence of the disease. These procedures are paid for from the employer's funds.
Keep records and store all documents related to the investigation.

Also, during the investigation, the commission has the right to interview all persons who can clarify the circumstances that led to the occurrence of occupational diseases - the victim himself, his colleagues, employer, persons through whose fault the sanitary and epidemiological rules were violated, etc.

Accident not related to production

The following documents will be required for confirmation:

an employment contract that stipulates the condition for using a personal car for business purposes;
relevant order of the head or local regulatory act;
waybills or other documents accounting for the employee’s business trips.

If the employee traveled to his place of work by public transport or walked, then the accident with him will also be considered non-productive. Example An accountant at the end of the working day went to submit reports on behalf of the employer. After that, he immediately went home without stopping at the office. The bus in which the accountant was traveling was involved in an accident, and the employee suffered a concussion.

The injury will not be considered work-related because the incident occurred after the accountant was performing his work duties. Example The head of the HR department walked to work.

Form of an accident report not related to production

This threatens the employer with punishment. Table 1. Responsibility of the employer for an accident with an employee Liability Violation Official Organization Individual entrepreneur Concealing an accident with an insured employee (Article 15.34 of the Code of Administrative Offenses of the Russian Federation) Fine from 500 to 1000 rubles Fine from 5000 to 10,000 rubles Fine from 500 to 1000 rubles Violation of labor protection requirements (including incorrect investigation of an accident) (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) Fine from 1000 to 5000 rubles Fine from 30,000 to 50,000 rubles or suspension of activities for up to 90 days Fine from 1,000 to 5,000 rubles or suspension of activities for up to 90 days How the classification of an accident affects payments to an employee First of all, the classification of an accident with an employee affects the payments that he is entitled to. Table 2.

Form of an investigation report for an accident not related to production

The results of the investigation into cases of disappearance of workers or other persons while performing their labor duties or work on the instructions of the employer (his representative), carried out in accordance with paragraph 18 of these Regulations, are formalized by the commission in an act of investigation of this incident, which must contain information about the victim, including information about his training in labor protection, the presence of hazardous production factors at his workplace (the alleged place of disappearance) and other established circumstances of the incident, as well as the commission’s conclusion on the alleged (possible) causes of the disappearance and the persons responsible for it.

Qualification of non-production NS

There are several classifications of accidents not related to production.

Each of them is characterized by certain characteristics:

Suicide. A similar situation may include the death of an employee, the cause of which was his general illness. For example, during a period of exacerbation of the problem. When investigating such an incident, members of the commission may come to the conclusion that the death of an employee is in no way related to his work in this company. Their actions will not be considered illegal.
Unauthorized harm to health, as well as death resulting from the employee being in a state of intoxication (alcohol, toxic or narcotic). In this case, an important condition must be met - intoxication must be recognized as the sole cause of the accident. If there are any other circumstances, the situation cannot be recognized as an NS not related to production.
The incident was recorded during the victim’s criminal activities. This fact must also be recorded and confirmed by the relevant authorities.

Investigation technology

It is impossible to determine its qualification immediately after an accident occurs. The existence of a connection between the incident and the proceedings is determined at the end of the investigation. Therefore, in this case it is carried out in the same way as in the situation with a conventional NS.

After providing the employee with the necessary assistance, the employer creates an appropriate commission that will investigate the case.

Its exact composition depends on the nature of the injuries inflicted on the victim. The commission must include representatives of:

employer;
trade union;
labor protection department.

Such specialists investigate a minor accident. If a worker is seriously injured as a result of an incident, the commission must include representatives of authorized bodies.

For example, labor inspectorates and local governments. The exact composition is determined in accordance with the requirements of the Labor Code of the Russian Federation.

During the investigation, members of the commission interview witnesses of the HC (if any), the victim (if possible) and the employer.

The area where the accident occurred is inspected. A diagram of this area, a plan or a sketch is created. It is possible to create photographs or video materials.

After this, the collected information is analyzed. The person responsible for the incident is identified. It is at this stage that the qualification of the situation is determined - whether related or not related to production.

What documents need to be completed?

During the investigation of an accident not related to production, a standard package of documents is drawn up.
It must contain the following documents:

memo. A document with which the employer learns about what happened;
notifications (copies) sent to the relevant authorities. Acts as a notification of an accident;
an order to form a commission to investigate what happened;
protocol on the inspection of the scene of the incident, form 7;
explanatory letter. The employee (if possible) describes the situation and explains under what circumstances it occurred;
protocol on the interview of HC witnesses and other interviewed persons;
a document confirming that the victim has read the job description;
medical report. Issued by the institution to which the victim is sent for treatment;
the results of the examination, during which it was determined whether the employee was intoxicated;
inspector's conclusion (if he took part in the investigation).

If the accident has been classified as an event the occurrence of which is not related to production, a corresponding report is drawn up.

Features of the act

According to the information reflected in Article 230 of the Labor Code of the Russian Federation, in a situation where an accident is classified as an accident not related to production, members of the commission draw up a special act.

There are erroneous opinions that it can be issued in free form. It is important to note that this rule applies only to professional athletes.

In other circumstances, in the process of drawing up documentation, the rules established by the unified form No. 4 are adhered to.

The act must necessarily reflect the following information:

a cap. Includes information about the company - name, position and full name of the chief executive;
date of drawing up the act;
number and name of the document;
exact time and date of the accident;
detailed information about the employer. Data of this nature are taken from the constituent documentation;
detailed information about the employee - position, initials, structural unit, length of service, time worked in the organization;
the chairman and other members of the commission investigating the case - the initials and positions of each specialist;
date of labor safety briefings, type of briefings conducted (initial, repeated, etc.);
indication of information from a medical report;
recording the state of intoxication (if any);
information about witnesses who were interviewed during the investigation;
description of witness performance;
characteristics of the scene of the incident;
the cause of the accident;
persons who committed violations. In this case, this is the victim;
conclusions - an indication that the NS is recognized as not related to production;
signatures of the compiler and members of the commission.

accident investigation report – word.

Sample report on the investigation of an accident not related to production

Based on the results of the investigation of each group accident, serious accident or fatal accident (with the exception of accidents that occurred with professional athletes during the training process or sports competition, or as a result of accidents in organizations operating hazardous production facilities), an act on investigation of a group accident (serious accident, fatal accident) in accordance with Form 4, provided for in Appendix No. 1 to this Resolution (hereinafter referred to as the accident investigation act), in two copies, which are signed by all persons who carried out it in the prescribed manner investigation. Order of the Ministry of Labor of Russia dated November 14, 2016 N 640n) (see text in the previous edition) If the employer does not have a seal, his approving signature in the act in form N-1 (N-1PS) is certified in the prescribed manner. (as amended by Order of the Ministry of Labor of Russia dated November 14, 2016 N 640n) (see text in the previous edition) Second copies of the approved and sealed (if there is a seal) act of form N-1 (N-1PS) and the act of investigation of an accident with copies of the investigation materials are stored for 45 years by the employer (legal entity or individual), who, by decision of the commission or state labor inspector who conducted the investigation, records the accident. (as amended by Order of the Ministry of Labor of Russia dated November 14, 2016 N 640n) (see Separately, it is worth mentioning accidents with employees on the way to a business trip. A business trip begins from the moment the employee departs, for example, to the airport or train.

Attention

If an accident occurs during this time, it can be classified as industrial, taking into account all the circumstances. Injury during a prescribed break The time of breaks and their duration are established by internal labor regulations or by agreement between the employee and the employer (Part.

second st. 108 Labor Code of the Russian Federation). An accident during a prescribed break may be considered industrial under certain circumstances. Example At the set time, an employee went to a nearby cafe for lunch. When entering the establishment, part of the roof fell on him, and the employee suffered a fractured forearm.

Storage periods for documents related to the investigation of accidents and occupational diseases

Procedure for diagnosing and informing about chronic occupational diseases Regulatory documentation - Regulations on the investigation and recording of occupational diseases and Instructions on the procedure for its application - provides the following algorithm of actions:

The medical institution that established the preliminary diagnosis informs Rospotrebnadzor in the appropriate form. He, in turn, is obliged to receive a copy of the employee’s work book, the results of a preliminary medical examination and, if any, periodic examinations for the maximum possible period of work, as well as information about the patient’s previously diagnosed occupational disease. Based on the documents received, a sanitary and hygienic description of the employee’s working conditions is compiled, which Rospotrebnadzor sends to the health care institution.

Sample report of an accident not related to production

Info

Despite the fact that the accident occurred outside the organization's territory, it was recognized as production-related. The employee’s employment contract stipulated the conditions for his meals, which the employer undertook to organize in the ill-fated cafe.

The situation is different with unspecified breaks. An accident that occurs during this time is unlikely to be associated with production.

Example During working hours, a secretary went out to smoke in the park next to the office. There she was attacked by an unknown person and took away her mobile phone. The employee suffered a dislocated wrist joint. The accident was not classified as an industrial accident, since the company’s corporate policy prohibits smoking, and internal regulations do not provide for time for smoking breaks. Injury during non-working hours It would seem clear: injuries sustained during non-working hours are not related to production.