The procedure for investigating the circumstances and causes of an occupational disease. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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The procedure for investigating the circumstances and causes of an occupational disease. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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The employer is obliged to organize an investigation into the circumstances and causes of the employee's occupational disease (hereinafter referred to as the investigation).

The employer, within 10 days from the date of receipt of the notice of the final diagnosis of an occupational disease, forms a commission to investigate an occupational disease (hereinafter referred to as the commission), headed by the chief physician of the territorial center of Rospotrebnadzor. The commission includes a representative of the employer, a labor protection specialist (or a person appointed by the employer responsible for organizing work on labor protection), a representative of a healthcare institution, a trade union or other representative body authorized by employees.

Other experts may be involved in the investigation.

The employer is obliged to ensure the working conditions of the commission.

An occupational disease that has arisen in an employee sent to perform work in another organization is investigated by a commission formed in the organization where the specified case of an occupational disease occurred. The commission includes an authorized representative of the organization (individual entrepreneur) that sent the employee. Non-arrival or untimely arrival of the plenipotentiary representative is not a basis for changing the terms of the investigation.

An occupational disease that an employee has while performing part-time work is investigated and recorded at the place where part-time work was performed.

Investigation of the circumstances and causes of a chronic occupational disease (poisoning) in persons who at the time of the investigation did not have contact with a harmful production factor that caused this occupational disease, including non-working people, is carried out at the place of their previous work with a harmful production factor.

For investigation the employer must:

a) submit documents and materials, including archival ones, characterizing the working conditions at the workplace (section, workshop);

b) to carry out, at the request of members of the commission, at their own expense, the necessary examinations, laboratory-instrumental and other hygienic studies in order to assess labor at the workplace;

c) ensure the safety and accounting of the investigation documentation.

During the investigation, the commission interrogates the employee's colleagues, persons who have committed violations of state sanitary and epidemiological rules, receives the necessary information from the employer and the sick person.

For acceptance decisions based on the results of the investigation the following documents are required:

a) an order to establish a commission;

b) sanitary and hygienic characteristics of working conditions;

c) information about the medical examinations carried out;

d) an extract from the briefing registration logs and protocols for checking the employee's knowledge of labor protection;

e) protocols of explanations of the employee, interviews of persons who worked with him, other persons;

f) expert opinions of specialists, results of research and experiments;

g) medical documentation on the nature and severity of the injury caused to the employee's health;

h) copies of documents confirming the issuance of personal protective equipment to the employee;

i) extracts from the instructions of the territorial center of Rospotrebnadzor previously issued for this production (facility);

j) other materials at the discretion of the commission.

Based on the consideration of documents, the commission establishes the circumstances and causes of the employee's occupational disease, determines the persons who have committed violations of state sanitary and epidemiological rules, other regulations, and measures to eliminate the causes of the occurrence and prevent occupational diseases.

If the commission establishes that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the trade union or other representative body authorized by the insured, the commission determines the degree of fault of the insured (in percent).

Based on the results of the investigation, the commission draws up an act on the case of an occupational disease according to the attached form.

Persons participating in the investigation shall bear responsibility in accordance with the legislation of the Russian Federation for the disclosure of confidential information obtained as a result of the investigation.

The employer, within a month after the completion of the investigation, is obliged, on the basis of an act on the case of an occupational disease, to issue an order on specific measures to prevent occupational diseases.

The employer informs the territorial center of Rospotrebnadzor about the implementation of the decisions of the commission in writing.

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

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