Qualification of accidents at work. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Qualification of accidents at work. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Since the implementation of insurance compensation for harm is closely related to the nature of the incident, confirmation in the prescribed manner of the fact of damage to the health of the insured, i.e., an insured event, becomes the most important basic element of all subsequent actions.

Such confirmation is impossible without the so-called investigation insured event - an accident at work or an occupational disease. After that, the bodies of the FSS of Russia are obliged to carry out expertise insured event.

Qualifications of an accident at work is the establishment and legal consolidation in the relevant acts of the exact correspondence of the signs of an accident that has occurred and the signs of an accident at work, provided for by labor legislation. The qualification of an accident at work serves as the basis for compensation payments and for other legal consequences of this qualification.

The meaning of the qualification procedure is that the employer must compensate for the harm to his employee (or a person equated to him in rights) who has received a socially significant (i.e., requiring compensation by common sense and by law) injury during the performance of his labor duties to employer.

Investigation, registration, recording and reporting of accidents at work are carried out on the basis of and in accordance with the following legislative and other regulatory legal acts:

Labor Code of the Russian Federation (Art. 227-231);
"Regulations on the peculiarities of the investigation of accidents at work in certain industries and organizations" (Appendix No. 2 to the Decree of the Ministry of Labor of Russia of October 24, 2002 No. 73);
"Forms of Documents Necessary for the Investigation and Recording of Accidents at Work" (Appendix No. 1 to the Decree of the Ministry of Labor of Russia of October 24, 2002 No. 73);
Decree of Rosstat dated June 30, 2006 No. 31 "On approval of statistical tools for organizing statistical monitoring of the size and composition of the population, injuries at work and activities in the healthcare sector for 2007" (form No. 7-injuries).
Order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 No. 160 "On determining the severity of health damage in industrial accidents";
Order of the Ministry of Health and Social Development of the Russian Federation dated April 15, 2005 No. 275 "On the Forms of Documents Required for the Investigation of Industrial Accidents".

Note that industrial accident is insured eventif it happened to the insured - an individual subject to compulsory social insurance against accidents at work and occupational diseases.

According to Art. 227 of the Labor Code of the Russian Federation "Accidents Subject to Investigation and Recording" accidents that occur with employees and other persons participating in the employer's production activities (including persons subject to compulsory social insurance against accidents at work and professional diseases), in the performance of their labor duties or performance of any work on behalf of the employer (his representative), as well as in the implementation of other lawful actions due to labor relations with the employer or performed in his interests.

Thus, the legislator clearly indicated that not only those cases that occurred directly in the labor process are subject to investigation, but also those that are related (sometimes indirectly) to the performance by the employee of his labor duties and are either due to his labor relations with the employer or were committed in the interests of the last one.

The legislator specified that persons participating in the production activities of the employer, in addition to employees performing their duties under an employment contract, in particular, relate:

employees and other persons undergoing vocational training or retraining in accordance with an apprenticeship agreement;
students and students of educational institutions of all types, undergoing industrial practice;
persons suffering from mental disorders participating in productive work at medical and industrial enterprises in the order of occupational therapy in accordance with medical recommendations;
persons sentenced to imprisonment and involved in labor;
persons involved in the prescribed manner in the performance of socially useful work;
members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities.

Clarifying the circle of these persons, we note that in accordance with the general provisions of the Labor Code of the Russian Federation and the "Regulations on the peculiarities of the investigation of accidents at work in certain industries and organizations" obligatory procedure for investigating accidents spreads on:

1) employers - individuals who have entered into labor relations with employees;

2) persons authorized by the employer in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulations (hereinafter referred to as representatives of the employer);

3) individuals exercising management of an organization, including those performing the functions of its sole executive body, on the basis of an employment contract concluded as a result of a competition, election or appointment to a position, or other procedure established in accordance with the legislation or constituent documents of this organization (heads organizations);

4) individuals who are in labor relations with the employer in accordance with and on the terms provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts (employees), including:

employees performing work under the terms of an employment contract (including one concluded for a period of up to 2 months or for the period of seasonal work), including in their free time from their main work (part-time workers), as well as at home from materials and using tools and mechanisms allocated by the employer or purchased by them at their own expense (home workers);
students and pupils of educational institutions of the appropriate level, undergoing work practice in organizations (at the employer - an individual);
persons sentenced to deprivation of liberty and involved in the established manner to work in organizations (with the employer - an individual); 5) other persons participating with the knowledge of the employer (his representative) in his production activities with their personal labor, the legal relations of which do not imply the conclusion of labor contracts, including:
military personnel, students and students of educational institutions of the appropriate level sent to organizations to perform construction, agricultural and other work not related to military service or the educational process;
family members of employers - individuals (heads of peasant farms), members of cooperatives, participants in economic partnerships or other companies working for them (in them) on their own account;
members of the boards of directors (supervisory boards) of organizations, competitive and external managers;
citizens who, by decision of the competent authority, are involved in the performance of socially useful work or civil events;
employees of third-party organizations sent by agreement between employers in order to provide practical assistance in organizing production;
persons undergoing scientific, pedagogical and scientific training in the system of postgraduate professional education (graduate and doctoral students);
employees undergoing on-the-job retraining on the basis of a student agreement concluded with the employer;
mentally ill patients receiving treatment in psychiatric (psycho-neurological) institutions, involved in labor in the order of occupational therapy in accordance with medical recommendations.

According to Art. 227 of the Labor Code of the Russian Federation "Accidents Subject to Investigation and Accounting" events are subject to investigation in the prescribed manner as accidents, as a result of which the victims received: bodily injuries (injuries), including those inflicted by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other health damage caused by external factors that necessitated the transfer of victims to another job, temporary or permanent disability or death of victims.

The events of receiving the above injuries and other health damages, qualifying as accidents at work, should be caused, as a rule, by a single exposure to the affected hazardous factors and directly entail:

the need to transfer the victim to another job (regardless of the period of such transfer);
the onset of temporary disability (regardless of the term (temporary disability), confirmed by a certificate of temporary disability;
the onset of permanent disability, confirmed by the conclusion of the medical and social expert commission;
death of the victim.

Sufficient grounds for organizing and conducting an investigation of an accident by the employer should also be recognized as the statement of the victim himself, and in cases where it is impossible for him to submit an application, his authorized representatives, members of his family or dependents. At the same time, it should be borne in mind that the list of injuries and other health damage given in Article 227 of the Labor Code of the Russian Federation is not exhaustive.

Health damage caused by repeated long-term exposure to harmful production factors are classified as occupational diseases.

According to Art. 227 of the Labor Code of the Russian Federation "Accidents subject to investigation and accounting" accidents (injuries), if they happened:

1) during working hours on the territory of the employer or in another place where work is performed, including during established breaks, as well as during the time necessary to put the tools of production and clothing in order, to perform other actions provided for by the internal labor regulations before starting and after the end of work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;

2) when going to the place of work or from work on a vehicle provided by the employer (his representative), or on a personal vehicle in case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties employment contract;

3) when traveling to the place of a business trip and back, during business trips by public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;

4) when traveling on a vehicle as a shifter during inter-shift rest (driver-shifter on a vehicle, conductor or mechanic of the refrigerator section in a train, a member of the mail car brigade, and others);

5) when working on a rotational basis during inter-shift rest, as well as while on a ship (air, sea, river) in their free time from watch and ship work;

6) when performing other lawful actions due to labor relations with the employer or performed in his interests, including actions aimed at preventing a catastrophe, accident or accident.

The events mentioned above are also subject to investigation in accordance with the established procedure as accidents if they occurred to persons involved in the established procedure to participate in the work to prevent a catastrophe, accident or other emergency or in the work to eliminate their consequences.

Investigated in the prescribed manner and by decision of the commission (and in cases provided for by the Labor Code of the Russian Federation by decision of the state labor inspector who independently investigated the accident), depending on the specific circumstances, they can be qualified as non-work related accidents:

death due to a general illness or suicide, confirmed in the prescribed manner, respectively, by a medical organization, investigating authorities or a court;
death or damage to health, the sole cause of which, according to the conclusion of a medical organization, was alcohol, narcotic or other toxic intoxication (poisoning) of the victim, not related to violations of the technological process in which technical alcohols, aromatic, narcotic and other toxic substances are used;
an accident that occurred when the victim committed actions (inaction) qualified by law enforcement agencies as a criminally punishable act.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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