Article 229. Procedure for forming commissions to investigate accidents.

Timing and procedure for conducting an investigation

An accident is an event that results in injury to a worker. As a result, he suffered temporary or partial loss of ability to work. In some cases, this leads to the fact that he has to change his job or field of activity. Sometimes accidents end in death.

Management is obliged to follow the procedure algorithm, as this allows us to identify all the details of what happened.

It is necessary to take into account that in the Labor Code of the Russian Federation there is a clear division between an incident that is related to production and one that occurred for other reasons.

Important! A specially convened commission that conducts an investigation is required to establish the truth.

To qualify an event, a number of criteria must be taken into account:

• who was the person who suffered - an employee or someone else;
• whether the incident is included in the list of events from Article No. 227 of the Labor Code of the Russian Federation;
• Do the circumstances of the accident correspond to those specified in Article No. 227 of the Labor Code of the Russian Federation;
• result of the event.

Only a detailed analysis will allow the commission to make the right decision. All accidents are divided into two groups - mild and severe. The degree of injury can only be determined by a doctor and this must be recorded in the medical documentation.

When qualifying, the nature of the injury and the consequences for life are taken into account. This also includes exacerbation of chronic diseases. Severe injuries include injuries that led to coma, shock, embolism, head, spine, and pelvic injuries.

This also includes second, third and fourth degree burns, provided that they exceed 15% of the body. Severe radiation injuries and miscarriages are also severe cases.

Only the doctor determines the form of the accident

Severe ones include loss of hearing, vision or speech, loss of function (especially loss of a hand or leg), mental disorders, facial disfigurement, and reproductive dysfunction.

Mild accidents include everything that is not included in the list of severe ones. This is regulated by Ministry of Health Order No. 160. Due to the complex classification of cases, serious investigation is required.

For minor accidents

In this case, the review period is three calendar days. This applies to both single and group events. The countdown starts from the next day after the order is issued. It must be taken into account that in this category there is no such thing as a statute of limitations.

The victim can file a complaint requesting an investigation.

Important! The employer does not have the right to refuse him, otherwise the labor inspector will have the opportunity to order additional inspections.

The law allows for an extension of the period for clarifying the circumstances of the incident. The maximum threshold is 15 calendar days. This is possible under certain circumstances:

• it is necessary to check all the details of what happened;
• a medical certificate is required;
• expertise is needed (technical and other);
• bodies of inquiry and court are involved;
• The scene of the incident is difficult to access.

The decision on the extension is made by the chairman of the commission. After the investigation is completed, the victims are told the results.

In severe accidents

In the event of death or serious injury, the period for consideration of the case is 15 calendar days. During this time, the commission is obliged to establish all the details of what is happening and clarify what caused the incident.

Not every employee knows how long it takes to investigate an accident at work. Therefore, he can submit an application demanding a study of what happened at any time.

From the day the manager receives the document, he is obliged to convene a commission within a month and conduct an investigation. Such an application can be submitted by one employee or several. In any case, the employer has no right to refuse to hire him.

The application is written in two copies - each with an incoming number

The manager must adhere to a certain procedure. To do this, it is necessary to immediately provide first aid to all victims in order to prevent complications or death.

An ambulance must be called to take the employee to the hospital. After which the manager is obliged to eliminate the emergency situation or the cause of the incident.

Important! This will avoid accidents with other people.

Depending on the severity of the incident, certain authorities are informed. So, in severe cases, the prosecutor’s office, trade union, insurance, etc. are notified.

An order to form a commission is immediately issued. She examines the scene of the accident, interviews eyewitnesses, and records the time of the accident. If possible, take statements from the victim.

About the Accident Investigation Commission

So, an accident occurred at the enterprise, an employee of this organizational structure was injured.

Sequence of administration actions:

1. It is necessary to immediately provide first aid to an injured employee and call medical workers.
2. Take the employee to the clinic so that specialists can determine the severity level. This point is very important, since a lot depends on this indicator, including which specialists need to be included in the commission.

If the injury is classified as minor, then it is enough to determine the composition of the commission from employees of this unit. If the injury turns out to be severe, then a state occupational safety inspector is involved in the commission.

Additional important conditions for creating a commission:

• the number of members must be odd (if unsolvable issues arise, consensus is reached by voting);
• a trade union representative should definitely be included in the commission;
• It is not allowed to include in the commission the immediate supervisor of an employee who has been injured;
• The victim himself is not included in the commission for objective reasons;
• if the incident occurred at a site registered with Rostechnadzor, then a representative of this structure must be present among the members of the commission.

Documentation, sending notifications

The time frame for conducting an investigation into an industrial accident is strictly regulated. Therefore, the procedure is accompanied by the study and collection of documents.

Procedure for investigating industrial accidents

If necessary, specialists are involved who conduct a special examination (laboratory, technical, etc.). Group work can include photography and videography that will accurately capture the scene of the incident.

A set of materials must be collected, which includes an order to appoint a commission, a protocol on the inspection of the scene of the event, and documents that characterize the state of the workplace.

Important! If there were harmful factors and hazardous substances at work, this is also documented. It is not so easy to investigate all the details of an incident, so specialists check the safety training logs - they should be kept in the custody of an occupational safety specialist.

Interviews with eyewitnesses must be recorded in writing. A medical report is also added, which indicates not only the degree of damage, but also the condition of the victim. This is especially important if he was under the influence of drugs or alcohol.

The organization is obliged to provide personal protective equipment - this must also be recorded in special documents

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.

Features of extending the period for consideration of a case

Storage period for accident investigation materials

Handling such cases is a difficult task. The commission needs to establish all the details of the incident and make a decision. They have to study a large number of documents and conduct examinations.

In such a matter, haste is unacceptable, so specialists need to be careful

The period for investigating an accident at the request of an injured employee is only one month. But even this time may not be enough to identify all the details of what happened.

In this case, the employer may receive an additional 15 calendar days, but he must justify such a decision.

Important! The final word remains with the chairman of the commission.

Examinations can also take a long time to carry out, and in this case, postponing the deadline is considered acceptable. If there is cooperation with the bodies of inquiry and the court, then their consent to increase the duration of the investigation is required.

In the event of a fatality at work, the investigation can take a long time. But even in this case, an extension can only be given once for 15 calendar days.

Changing severity category

If, during the investigation of a minor accident, it becomes known that the severity of the injury has changed, then it is automatically reclassified as a serious one.

The situation is not pleasant, what should you do when the category of the accident has changed? Read the labor code here!

If after some time the severity of the emergency changes, for example, from mild to severe or, even worse, but extremely rarely, with a fatal outcome, you must send a notification to the following authorities within three days from the receipt of such information:

• GIT;
• association of trade union organizations;
• FSS;
• Procurator (if fatal);
• Rostechnadzor (if the incident occurred at a hazardous production facility);
• Rospotrebnadzor (if poisoning).

Changes are being made to the order to create a commission to investigate the accident; you can find out how to find out who to include in this article of mine.

It is extremely rare, but there are situations when the category of an accident has changed after the end of the investigation .

In this case, you need to send a letter to the State Tax Inspectorate with the conclusion of the medical commission with a request to provide a decision on the need for additional investigation.

Time frames for investigating industrial accidents

Table 1

Time frame for accident investigations

Continuation of Table 1

Preparation of investigation materials and recording of accidents

Based on Article 230 of the Labor Code of the Russian Federation, based on the results of the investigation of the accident, an act of form N-1

(see Appendix 3) in 2 copies. One copy of the act, along with the investigation materials, is issued to the victim (his legal representative or other authorized person) within 3 days after the end of the investigation, the second remains at the enterprise and is stored for 45 years.

If an accident occurs with an employee of another organization, the report is drawn up in 3 copies, 2 of them are sent to the organization whose employee is the victim. The third copy remains in the organization where the accident occurred.

In the event of an accident at work with an insured employee, an additional copy of the act, Form N-1, is drawn up.

The act in form N-1 must be signed by the members of the commission, approved by the employer and certified with a seal.

The act in Form N-1 must detail the circumstances and causes of the accident at work, as well as indicate the persons who committed violations of labor protection requirements, and provide for measures to prevent the accident.

Acts in form N-1 are registered by the employer in the register of industrial accidents

in the form established by the Ministry of Labor and Social Development of the Russian Federation (see Appendix 4).

Each industrial accident, documented in form N-1, is included in the statistical report on temporary disability and injuries at work.

2.8. Materials compiled by the commission during the investigation of group accidents with serious consequences, severe and fatal accidents

During the investigation, the following materials are prepared:

- order to create a commission of inquiry;

- plans, diagrams, photo and video materials of the scene of the incident;

— documents characterizing the state of the workplace, the presence of dangerous and harmful production factors:

— protocols of interviews, explanations of the victim, eyewitnesses of the accident;

— expert opinion of specialists; laboratory test results;

- a medical report on the severity of the injury received by the victim or the cause of death, as well as on whether the victim is in a state of alcohol or drug intoxication;

— extracts from state regulations regulating the safety of working conditions and the responsibility of persons for its compliance in the area where the accident occurred;

— extracts from the logbooks for registering briefings and protocols for testing knowledge on labor protection;

— documents confirming the issuance of protective clothing, safety shoes and other personal protective equipment to the victim.

Based on the consideration of the investigation materials indicated above, the commission draws up an act on the investigation of a group accident, a serious accident, or, in the event of the death of the victim, draws up an act in Form 4 (see Appendix 5).

An act in form 4, together with materials on the investigation of the accident and an act in form N-1, is sent within 3 days after registration by the chairman of the commission to the prosecutor's office at the place where the accident occurred, and copies of the acts are sent to the state inspectorate for the constituent entity of the Russian Federation, to the executive body of the social insurance fund at the place of registration of the policyholder. Moreover, in the event of a group accident, a form N-1 report is issued for each victim. Each victim is issued an N-1 form

.

The N-1 form report is registered at the place of the incident and is included in the reporting of the enterprise where the accident occurred. The 2nd copy of the act remains at the enterprise and is stored for 45 years . The accident investigation report and a copy of the report in Form N-1 are sent by the chairman of the commission to the relevant state labor inspectorate and the territorial body of the relevant Federal executive body (see clause 2.5.)

2.9. Investigation of accidents by state labor safety inspectors

If a hidden accident is detected, the victim or authorized person disagrees with the commission’s conclusions, a complaint, statement, or other appeal is received from the victim (his legal representative or other authorized representative), the state labor protection inspector conducts an additional investigation of the accident, regardless of the statute of limitations (Article 229.3. Labor Code of the Russian Federation).

An additional investigation is carried out, as a rule, with the involvement of a trade union labor inspector, and, if necessary, representatives of the relevant federal executive body exercising control and supervision functions in the established field of activity, and the executive body of the insurer (at the place of registration of the employer as an insured).

Based on the results of the additional investigation, the state labor inspector draws up a conclusion on an industrial accident in the appropriate form (see Appendix 6) and issues an order that is mandatory for the employer (his representative).

The state labor inspector has the right to oblige the employer (his representative) to draw up a new report on an industrial accident if the existing report is drawn up with violations or does not correspond to the accident investigation materials.

In this case, the previous report on an industrial accident is declared invalid based on the decision of the employer (his representative) or the state labor inspector.

Final provisions

1) Upon termination of the temporary disability of the victim, the employer sends to the appropriate state labor inspectorate for the constituent entity of the Russian Federation, and in some cases - to the territorial body of state supervision, information in the accepted form about the consequences of the accident and about the implementation of measures to prevent accidents (see Appendix 7 " Report on the consequences of an accident at work and the measures taken”).

2) The employer reports about accidents that have become serious over time to the state labor inspectorate for the constituent entity of the Russian Federation and the relevant trade union body, as well as to the insurer.

3) Based on the investigation materials, the employer issues an order for the organization to take measures to prevent such accidents.

COMPLETING AN ACCIDENT REPORT

AT PRODUCTION ACCORDING TO FORM H-1

General provisions

Correctly filling out forms N-1 is of great importance, since incorrect data about the victim does not reflect an objective picture of the causes of the accident and distorts statistical analysis data. Upon receipt of data on the severity of the injury (certificate from a medical institution) of the victim, it is necessary to determine the composition of the commission and the period for investigating the accident.

When filling out the first 3 paragraphs of the report, it is necessary to provide the full name of the enterprise without abbreviations when indicating the victim’s place of work.

Abbreviations in the names of working specialties are also not allowed, for example, instead of “sl.p.rem.aut.”, one must write “car repair mechanic” or instead of “m.garage” one must write “garage mechanic”.

When indicating length of service, only full years and months of work in the specialty in which the accident occurred are calculated.

When determining the time from the beginning of the working day to the moment of injury, indicate in the act the time of full hours at the time of injury.

When providing information about the briefing, the date of the last repeated, unscheduled, targeted briefing should be indicated in the report.

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