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Responsibility of the employer for damage to the health of employees. Fundamentals of safe life

Fundamentals of Safe Life Activities (OBZhD)

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In accordance with the regulation on the procedure for investigating and recording accidents at work, accidents (injury, including those resulting from bodily injury by another person, acute poisoning, heat stroke, burns, frostbite, drowning, electric shock, lightning and ionizing radiation, bites of insects and reptiles, bodily injuries caused by animals, damage resulting from explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies), which entailed the need to transfer the employee to another job, temporary or permanent loss of ability to work or his death and occurred while the employee was performing his labor duties (works) on the territory of the organization or outside it, as well as while traveling to the place of work or from work on the transport provided by the organization.

At the request of the victim, his authorized representative may take part in the investigation of the accident.

The Accident Investigation Commission is obliged to investigate the circumstances and causes of the accident within three days from the moment of the accident; in cases that caused the employee to lose his ability to work for a period of at least one working day or the need to transfer him for the same period from work in his main profession to another job, or his death, draw up an act in the form of H-1 in two copies, develop measures to accident prevention and send them to the employer for approval.

Civil law considers in detail the various cases of liability for injury and / or death of a citizen. Therefore, the basis for making managerial decisions is the analysis of the causes of industrial injuries. Injuries at work should be distinguished from other types of injuries.

There are household, non-productive labor injuries, labor injuries at work (accident, injury at work). The procedure for their investigation, registration, appointment and payment of benefits for temporary disability are different.

Occupational injuries that are not an accident at work are paid from the first day of temporary disability in full. Compensation for permanent disability due to disability can be determined through the court. In case of accidents at work, compensation for disability is carried out in the same way as for non-production labor injuries, with the only difference being that compensation for disability in case of disability is made by the enterprise itself.

All measures to ensure safety at work conducted by the administration of industrial and agricultural enterprises. Safety measures are developed by the labor protection service based on working conditions, existing technological processes and equipment, analysis of the causes of injuries and occupational diseases. The administration of the enterprise is obliged to ensure the proper technical equipment of all workplaces and create working conditions for them that comply with the rules for safety and industrial sanitation and ensure safe working conditions.

The administration is entrusted with instructing workers and employees on safety measures, as well as constant monitoring of compliance by employees with all the requirements of the labor protection instructions. To train workers in safe working methods, enterprises organize permanent safety rooms with modern educational and visual aids. Highly qualified specialists conduct classes with workers according to the safety program. During the briefing (introductory, repeated and at the workplace), safe working methods and techniques are shown. Workers should not be allowed to work without undergoing safety briefing.

Legislative documents on labor protection oblige the administration of enterprises and institutions to introduce modern safety measures that prevent occupational injuries, to achieve the creation of proper sanitary and hygienic conditions that prevent the occurrence of occupational diseases.

The labor legislation of the Russian Federation provides for a number of measures that are mandatory for all enterprises, institutions and organizations for labor protection and safety. Compliance with labor laws is mandatory for all officials. Those guilty of violating labor laws bear disciplinary, administrative or criminal liability. In the event of injury or other damage to health, the organization responsible for the harm caused is obliged to compensate the victim for the earnings lost by him due to loss of ability to work or its reduction, as well as expenses caused by damage to health (increased nutrition, prosthetics, inpatient treatment).

The heads of organizations whose activities are associated with increased danger to others (transport and construction organizations, industrial enterprises) are liable for damage caused by a source of increased danger, and are obliged to compensate for the damage, unless they prove that the damage was caused by force majeure or the intent of the victim.

Violation by an official of safety rules, industrial sanitation or other labor protection rules is criminally punishable if this violation could lead to accidents with people or other serious consequences.

If the same violations caused bodily injury or disability, then the perpetrators are punished with imprisonment for up to 3 years or corrective labor for up to 1 year. In even more severe cases, the perpetrators are punished with imprisonment for up to 5 years.

Author: Muradova E.O.

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