Preparation of materials for the investigation of accidents at work and their accounting. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Preparation of materials for the investigation of accidents at work and their accounting. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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According to article 230 of the Labor Code of the Russian Federation "Procedure for registration of materials for the investigation of accidents" for each accident, qualified by the results of the investigation as an accident at work and entailing the need to transfer the victim in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, to another job, loss of ability to work on a period of at least one day or the death of the victim, an act on an accident at work is drawn up in the prescribed form in two copies, having equal legal force, in Russian or in Russian and the state language of the republic that is part of the Russian Federation.

In case of a group accident at work, an act on an accident at work is drawn up for each victim separately.

In the event of an accident at work with the insured, an additional copy of the report on the accident at work is drawn up.

The act on an accident at work must contain a detailed description of the circumstances and causes of the accident, as well as the persons who committed violations of labor protection requirements. If the fact of gross negligence of the insured, which contributed to the occurrence of harm or an increase in the harm caused to his health, is established, the act indicates the degree of fault of the insured as a percentage, established by the results of the investigation of the accident at work.

After the completion of the investigation, the report on the accident at work is signed by all the persons who conducted the investigation, approved by the employer (his representative) and certified with a seal.

The employer (his representative), within three days after the completion of the investigation of an accident at work, is obliged to issue one copy of the certificate of an accident at work approved by him to the victim (his legal representative or other authorized person), and in case of an accident at work with a fatal outcome - to persons who were dependents of the deceased, or persons who were closely related or related to him (their legal representative or other authorized person), at their request.

The second copy of the said act, together with the materials of the investigation, is kept for 45 years by the employer (his representative), who, by decision of the commission, records this accident at work.

In case of insured events, the employer (his representative) sends the third copy of the report on the accident at work and copies of the materials of the investigation to the executive body of the insurer (at the place of registration of the employer as an insurer).

In the event of an accident at work that occurred with a person who was sent to perform work to another employer and participated in his production activities (part five of Article 229 of the Labor Code of the Russian Federation), the employer (his representative) who had an accident sends a copy of the accident report case at work and copies of the materials of the investigation at the place of the main work (study, service) of the victim.

Based on the results of the investigation of an accident qualified as an accident not related to production, including a group accident, a severe accident or an accident with a fatal outcome, the commission (or, in the cases provided for by the Labor Code of the Russian Federation, the state labor inspector who independently conducted the investigation accident) draws up an act on the investigation of the relevant accident in the prescribed form in two copies, having equal legal force, which are signed by all persons who conducted the investigation.

The results of the investigation of an accident at work are considered by the employer (his representative) with the participation of the elected body of the primary trade union organization in order to take measures aimed at preventing accidents at work.

Each industrial accident documented in accordance with the established procedure shall be registered by the employer (his representative), who, in accordance with the decision of the commission (in the cases provided for by this Code, the state labor inspector who independently investigated the accident at work), records it in the register of industrial accidents. in the prescribed form.

At the end of the period of temporary disability of the victim, the employer (his representative) is obliged to send to the relevant state labor inspectorate, and, if necessary, to the territorial body of the relevant federal executive body exercising the functions of control and supervision in the established field of activity, a message in the prescribed form on the consequences accident at work and measures taken to prevent accidents at work.

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

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