Responsibilities of employees and employers in the event of an accident. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Responsibilities of employees and employers in the event of an accident. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Employees of the organization are obliged to immediately notify their immediate or superior manager of each accident that occurs or of a deterioration in their health due to signs of acute illness (poisoning) when carrying out actions related to labor relations with the employer.

Employer (his representative) obliged in case of accident (Article 228 of the Labor Code of the Russian Federation):

immediately organize first aid for the victim and, if necessary, transport him to a medical organization;
take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;
until the investigation of the accident begins, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (draw up diagrams , take photographs or videos, and other events);
immediately inform the authorities and organizations specified in this Code, other federal laws and other regulatory legal acts of the Russian Federation about the accident, and about a serious accident or fatal accident - also the relatives of the victim;
take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials in accordance with the requirements of the Labor Code of the Russian Federation.

In case of a group accident (two people or more), a serious accident or a fatal accident, the employer (his representative) is obliged to send notice in the prescribed form:

to the relevant state labor inspectorate;
to the prosecutor's office at the scene of the accident;
to the executive body of a constituent entity of the Russian Federation and (or) local government body at the place of state registration of a legal entity or individual as an individual entrepreneur;
the employer who sent the worker with whom the accident occurred;
to the territorial body of the relevant federal executive body exercising control and supervision functions in the established field of activity, if the accident occurred in an organization or facility controlled by this body;
to the executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases (at the place of registration of the employer as an insurer).

In case of a group accident, serious accident or fatal accident, the employer (his representative) is also obliged to send a notice in the prescribed form to the relevant territorial association of trade union organizations within XNUMX hours.

About accidents that, over time, have become the category of serious accidents or fatal accidents, the employer (his representative), within three days after receiving information about this, sends a notice in the prescribed form to the relevant state labor inspectorate, territorial association of trade union organizations and the territorial body of the relevant federal executive body exercising the functions of control and supervision in the established field of activity, if the accident occurred in an organization or facility controlled by this body, and about insured events - to the executive body of the insurer (at the place of registration of the employer as policyholder).

The employer (his representative) reports cases of acute poisoning to the relevant body of the federal executive body exercising control and supervision functions in the field of sanitary and epidemiological welfare of the population.

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

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