The procedure for investigating accidents at work. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

The procedure for investigating accidents at work. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

In accordance with Article 229 of the Labor Code of the Russian Federation foraccident investigation the employer (his representative) immediately forms a commission consisting of at least three people.

The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by an order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers, authorized for labor protection.

The commission is headed by the employer (his representative), and in cases provided for by the Labor Code of the Russian Federation, by an official of the relevant federal executive body exercising the functions of control and supervision in the established field of activity.

When investigating an accident (including a group one), as a result of which one or more victims received severe injuries to health, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation. Federation or local government (as agreed), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insurer). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms.

Unless otherwise provided by the Labor Code of the Russian Federation, the composition of the commission is approved by order (instruction) of the employer. Persons who are directly responsible for ensuring compliance with labor protection requirements at the site (facility) where the accident occurred are not included in the commission.

An accident that occurred with a person who was sent to perform work to another employer and participated in his production activities is investigated by a commission formed by the employer who had the accident. The commission includes a representative of the employer who sent this person. The non-arrival or untimely arrival of the said representative is not grounds for changing the terms of the investigation.

An accident that occurred with a person who performed work on the territory of another employer is investigated by a commission formed by the employer (his representative), on behalf of whom the work was performed, with the participation, if necessary, of the employer (his representative), to whom this territory is assigned on the basis of ownership, possession , use (including lease) and on other grounds.

An accident that occurred to a person who performed work on behalf of the employer (his representative) at the site of another employer allocated in accordance with the established procedure is investigated by a commission formed by the employer performing this work, with the obligatory participation of a representative of the employer on whose territory it was carried out.

An accident that occurred to an employee while performing part-time work is investigated and accounted for at the place of part-time work. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer of the results of the investigation at the victim's main place of work.

The investigation of an accident that occurred as a result of a catastrophe, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the obligatory use of materials from the investigation of the catastrophe, accident or other damage to the vehicle, conducted by the relevant federal executive body responsible for functions of control and supervision in the established field of activity, bodies of inquiry, bodies of investigation and the owner of the vehicle.

Each victim, as well as his legal representative or other authorized person, have the right to personally participate in the investigation of an accident that happened to the victim.

In the event of a group accident with a death toll of five or more people, the commission also includes representatives of the federal executive body authorized to conduct state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the all-Russian association of trade unions. The commission is headed by the head of the state labor inspectorate - the chief state labor inspector of the relevant state labor inspectorate or his deputy for labor protection, and when investigating an accident that occurred in an organization or at an object controlled by a territorial body of a federal executive body that exercises control and supervision functions in in the field of industrial safety, - the head of this territorial body.

Investigation of an accident (including a group one), as a result of which one or more victims received minor health injuries, is carried out by the commission within three days. Investigation of an accident (including a group one), as a result of which one or more victims received severe health damage, or an accident (including a group one) with a fatal outcome is carried out by the commission within 15 days.

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s incapacity for work did not occur immediately is investigated in the manner prescribed by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, at the request of the victim or his authorized representative within one month from the date of receipt of the said application.

If it is necessary to conduct an additional verification of the circumstances of the accident, obtain appropriate medical and other conclusions, the above periods may be extended by the chairman of the commission, but not more than 15 days. If it is not possible to complete the investigation of the accident within the established time limits due to the need to consider its circumstances in the organizations that carry out the examination, bodies of inquiry, bodies of investigation or in court, then the decision to extend the investigation of the accident is made in agreement with these organizations, bodies or according to their decisions.

At the request of the commission in the necessary investigation cases, the employer at its own expense provides:

performance of technical calculations, laboratory research, testing, other expert work and the involvement of experts for this purpose;
photographing and (or) video filming of the scene and damaged objects, drawing up plans, sketches, diagrams;
provision of transport, office space, means of communication, special clothing, special footwear and other personal protective equipment.

Accident Investigation Materials include:

an order (instruction) on the establishment of a commission to investigate the accident;
plans, sketches, diagrams, protocol of inspection of the scene, and if necessary - photo and video materials;
documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;
extracts from the logs of registration of briefings on labor protection and protocols for checking the knowledge of the victims of labor protection requirements;
records of interviews of eyewitnesses of the accident and officials, explanations of the victims;
expert opinions of specialists, results of technical calculations, laboratory studies and tests;
a medical opinion on the nature and severity of the damage caused to the health of the victim, or the cause of his death, the presence of the victim at the time of the accident in a state of alcoholic, narcotic or other toxic intoxication;
copies of documents confirming the issuance of special clothing, special footwear and other personal protective equipment to the victim in accordance with applicable standards;
extracts from the instructions of state labor inspectors and officials of the territorial body of the relevant federal executive body exercising the functions of control and supervision in the established field of activity previously issued to the employer and relating to the subject of the investigation (if the accident occurred in an organization or at a facility controlled by this body), as well as extracts from the submissions of trade union labor inspectors on the elimination of identified violations of labor protection requirements;
other documents at the discretion of the commission.

The specific list of investigation materials is determined by the chairman of the commission, depending on the nature and circumstances of the accident.

Cases of acute poisoning or radiation exposure exceeding the established norms are investigated in accordance with the procedure established by the Government of the Russian Federation.

The regulation on the specifics of the investigation of accidents at work in certain industries and organizations and the forms of documents required for the investigation of accidents are approved in the manner established by the Government of the Russian Federation.

Article 229.3. The Labor Code of the Russian Federation establishes the conditions for conducting an investigation of accidents by state labor inspectors.

The state labor inspector upon revealing a hidden accident, receiving a complaint, application, other appeal from the victim (his legal representative or other authorized person), a person who was dependent on the deceased as a result of an accident, or a person who was closely related or related to him ( their legal representative or other authorized representative), on their disagreement with the conclusions of the commission for the investigation of the accident, as well as upon receipt of information objectively indicating a violation of the investigation procedure, conducts an additional investigation of the accident in accordance with the requirements of the Labor Code of the Russian Federation, regardless of the statute of limitations of the accident case.

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 the functions of control and supervision in the established field of activity, and the executive body of the insurer (at the place of registration of the employer as an insurer). Based on the results of an additional investigation, the state labor inspector draws up a conclusion on the accident at work 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 act on an industrial accident if the existing act is drawn up with violations or does not correspond to the materials of the accident investigation. In this case, the previous act on the accident at work is recognized as invalid on the basis of the decision of the employer (his representative) or the state labor inspector.

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

We recommend interesting articles Section Occupational Safety and Health:

▪ Prevention of electrocutions

▪ Occupational diseases and their prevention

▪ Labor protection during road works

See other articles Section Occupational Safety and Health.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

The era of graphene is coming 09.10.2013

In 2015, mass production of graphene will begin - scientists and engineers from the startup Graphene Frontiers are sure of this.

In September, the US National Science Foundation gave the University of Pennsylvania $744 to develop a startup called Graphene Frontiers. Such generosity can be explained by the prospects of a startup that should organize the mass production of graphene. The availability of graphene is of great importance for the development of many promising technologies based on this material, which has unique properties.

Graphene Frontiers plans to implement a new technology for the large-scale production of high-quality rolled graphene. The company hopes to be the first to adapt the chemical vapor deposition method, which is often used in laboratories and small industries to create polycrystalline graphene, to industrial needs.

Although polycrystalline graphene has found applications in devices such as advanced composite materials and high-frequency transistors, single-crystal graphene has much more attractive properties. Unfortunately, modern technologies for the production of single-crystal graphene, to put it mildly, are far from industrial applications, for example, the method of separating a graphene monolayer from graphite using adhesive tape. Other methods, such as the separation of carbon layers using plasma, or various chemical methods, do not produce very good quality graphene. For the mass introduction of new generation graphene electronics, a new technology for the mass production of single-crystal graphene is needed.

The chemical vapor deposition method allows the production of very high quality synthetic graphene and can be applied to the production of electronics, solar panels and other devices where transparent conductors are required. Graphene Frontiers specialists plan to use continuous rolling (roll-to-roll) for the production of graphene. This is a flexible circuit manufacturing method in which microcircuits are printed on a continuous substrate tape that is rewound from one roller to another. The combination of chemical vapor deposition technology and continuous rolling will produce high-quality graphene electronic components, which will open up a new generation electronics market.

Other interesting news:

▪ The ocean turns to plastic

▪ Reusable paper

▪ Luminous Wound Dressing

▪ Anti-glare coating improves the efficiency of solar panels

▪ Mobile phones with 3-megapixel cameras will appear this year

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the Electrician website. PUE. Article selection

▪ Article by Arthur Jones. Famous aphorisms

▪ article Why is bread called the pillar of life? Detailed answer

▪ article nightshade cannibals. Legends, cultivation, methods of application

▪ article Electric motors. Directory

▪ article A simple starter charger. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews