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OCCUPATIONAL SAFETY AND HEALTH
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Investigation and accounting of accidents. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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Industrial injuries and occupational diseases - these are complex multifactorial phenomena caused by the influence of dangerous and harmful factors on a person during his work activity.

work injury (From the Greek. trauma - wound, damage) - damage to the human body or disruption of its proper functioning that occurs suddenly under the influence of any hazardous production factor and caused by non-compliance with labor safety requirements.

Industrial injuries according to the nature of the damage are divided into the following groups:

  • mechanical (bruises, cuts, tissue ruptures, fractures, etc.);
  • thermal (heat strokes, burns, frostbite);
  • chemical (burns, acute poisoning);
  • electrical (burns, tissue rupture, etc.);
  • radiation (tissue damage, disruption of the hematopoietic system);
  • combined (various consequences of simultaneous exposure to several factors).

The consequence of injury can be temporary or permanent disability or death.

Under the term industrial accident understand the case as a result of which the worker was exposed to a hazardous production factor while performing his duties or the tasks of the work manager (teacher).

Accidents are divided into individual and group (when two or more people are injured at the same time).

All accidents resulting in long-term temporary disability or death, depending on the place and circumstances in which they occurred, are divided into accidents associated with work activity (which in turn are divided into industrial and non-industrial accidents) , and accidents in everyday life.

Workplace accident investigation

Main goals accident investigation are:

  • establishing the causes of the accident and determining emergency measures to eliminate the causes of injury;
  • identification of officials and other persons guilty of violations that led to the accident; determining which requirements of the rules and regulations were violated;
  • bringing perpetrators to justice on the basis of legislation and other regulatory legal acts.

The circumstances, causes and consequences of each accident are usually different, but they must be reliably established for an objective assessment of all aspects of the accident that occurred.

After investigation and relevant findings recorded in the prescribed form and other documents, it is necessary to decide following tasks:

  • issuance and payment of benefits for temporary disability;
  • assignment of insurance payments from the branch of the Social Insurance Fund (FSS);
  • establishing and calculating pensions and other compensation to victims, and in the event of his death, to dependents.

This work is preceded by determining the degree of loss of professional ability, the degree of guilt of the victim, a possible investigation of the insurance event by the Social Insurance Fund department, etc.

The main provisions of the procedure for investigating accidents are set out in the Labor Code of the Russian Federation (Articles 227-231), and the specifics of investigating accidents at work in certain industries and organizations are defined in the annex to the Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73. These regulatory legal acts establish a unified procedure for investigating and recording accidents.

Accidents that occur while an employee is performing his or her job duties (work) on or outside the organization’s territory, as well as while traveling to or from work on transport provided by the organization, are subject to investigation and recording.

Almost all accidents involving injury or acute poisoning that occurred as a result of explosions, accidents, road accidents, etc., resulting in temporary or permanent disability or death of the victim, are subject to investigation.

An accident at work is an insured event if it occurs to an employee who is subject to compulsory social insurance against accidents at work and occupational diseases (hereinafter referred to as the “insured”).

When reporting an accident, the employer must ensure:

  • providing first aid to the victim;
  • formation of a commission to investigate the accident; maintaining the situation in the workplace until the investigation;
  • taking emergency measures to eliminate an emergency situation. The employer is obliged to report about a group accident, a serious accident and a fatality: to the state labor inspectorate;
  • to the prosecutor's office at the scene of the accident;
  • to the executive authorities of the constituent entity of the Russian Federation and the federal body according to departmental affiliation;
  • in the territorial association of trade unions.

Cases of acute poisoning are also reported to the territorial center of the State Sanitary and Epidemiological Supervision.

If an accident occurs at work with the insured, the employer is obliged to notify the executive body of the Federal Social Insurance Fund of the Russian Federation (at the place of registration as an insured) within XNUMX hours.

The employer is obliged to ensure timely investigation of an industrial accident and its recording.

To investigate a minor accident at work, the employer immediately creates a commission consisting of at least 3 people.

The commission includes:

  • labor protection specialist (or a person appointed by order of the employer to be responsible for organizing labor protection work);
  • employer representatives;
  • representatives of a trade union body or other representative body authorized by employees (for example, a member of a committee or commission on labor protection from among the representatives of employees, an authorized representative for labor protection).

The commission is headed by the employer or a person authorized by him. The composition of the commission is approved by order of the employer. The manager directly responsible for labor safety at the site where the accident occurred is not included in the commission.

The composition Commission for the investigation of a group, serious accident and fatal accident, in addition to the named persons, the following are included:

  • state inspector for labor protection (chairman);
  • a representative of the executive authority of a constituent entity of the Russian Federation or local government;
  • representative of the territorial association of trade unions.

To investigate group accidents with a death toll of 5 or more people, the commission also includes representatives of the Federal Labor Inspectorate, the federal executive body by departmental affiliation and the all-Russian association of trade unions. The chairman of the commission is the chief state labor protection inspector for the constituent entity of the Russian Federation, and at facilities controlled by the territorial body of Rostechnadzor of Russia, the head of this territorial body. This category of accidents must be investigated by the commission within 15 days. In case of major accidents with casualties of 15 or more people, the investigation is carried out by a commission appointed by the Government of the Russian Federation.

The interests of the victim may be represented by a trusted person in the investigation commission. The victim's confidant can be his relatives, co-workers, etc. In group accidents, there can be several proxies (from each victim). The authorized person, not being a member of the commission, takes part in the investigation of the accident, i.e., participates in interviewing witnesses and eyewitnesses, compiling materials characterizing the scene of the incident, gets acquainted with the necessary documents, etc.

An investigation into the circumstances and causes of an industrial accident (which is not a group accident and is not classified as severe or fatal) is carried out by the commission within 3 days. The commission first begins to clarify the circumstances of the accident: inspecting the site, collecting explanations from officials, finding out what equipment was the source of injury, analyzing its characteristics (passport, technical conditions, certificate, etc.). If necessary, the commission, with the involvement of relevant specialists, can conduct an examination of the compliance of equipment or its individual parts with the requirements of state standards (GOST), technical conditions, current norms and regulations, etc.

The investigation materials include the following documents: an order to create a commission, plans, diagrams, sketches, photos or videos, extracts from journals, protocols for testing the knowledge of victims, expert opinions of specialists, documents confirming the issuance of special clothing and other personal protective equipment to the victim, and other materials .

Based on the collected data and materials, the commission establishes the circumstances and causes of the accident, determines the connection of the accident with the production activities of the organization and qualifies the accident as an industrial accident or an unrelated accident. с production; identifies persons who have committed violations of occupational safety and health requirements, legislative and other regulatory legal acts, and measures to eliminate the causes and prevent accidents.

The report on the investigation of a group industrial accident, a serious industrial accident, a fatal industrial accident with documents and investigation materials and copies of reports in form N-1 for each victim is sent by the chairman of the commission within 3 days after their approval to the prosecutor's office to which the industrial accident was reported. Copies of these documents are also sent to the State Labor Inspectorate for the constituent entity of the Russian Federation, to the territorial body of state supervision - for accidents that occurred in organizations under their control, as well as to the Department of State Supervision and Control over Compliance with Labor and Occupational Safety Legislation of the Ministry of Health and Social Development of Russia and federal executive body according to departmental affiliation to analyze the state and causes of industrial injuries in the Russian Federation and develop proposals for its prevention.

Accounting for accidents at work

The main documents for the investigation of industrial accidents are an industrial accident report in form N-1, drawn up for each accident, and an accident investigation report, drawn up based on the results of the investigation of a group accident, a serious accident and a fatal accident. outcome. In addition, protocols for interviewing the victim, work managers, eyewitnesses and other persons must be attached to the investigation materials. The act in form N-1 is an official legal document and must be filled out in accordance with generally accepted terms and classifiers of causes and traumatic factors.

Each accident at work with loss of ability to work for 1 day or more is documented in an act in form N-1 in two copies. In case of a group accident, a report in form N-1 is drawn up for each victim separately. If an accident occurred with an employee of another organization, then a report in form N-1 is drawn up in three copies, two of which, together with the rest of the investigation materials, are sent to the organization whose employee is the victim. The third copy of the report and other investigation materials remains in the organization where the accident occurred. In the event of an insured event, the named documents and acts in form N-1 are also sent to the executive body of the Social Insurance Fund at the place of insurance registration. Accidents not related to production are documented in free-form acts. The report containing the investigation materials, including the report in any form, is stored for 45 years.

The employer, within 3 days after approval of the act in Form N-1, is obliged to issue one copy of the said act to the victim, and in the event of a fatal industrial accident - to the relatives of the deceased or his authorized representative.

Acts in form N-1 are registered by the employer in the register of industrial accidents in the prescribed form. Each industrial accident, documented in form N-1, is included in the statistical report on temporary disability and injuries at work.

Disagreements regarding the investigation, registration and recording of industrial accidents, non-recognition by the employer (his authorized representative) of an accident, refusal to investigate the accident and draw up the corresponding act, disagreement of the victim or his authorized representative with the contents of this act are considered by the relevant bodies of the state labor inspectorate or court. In these cases, filing a complaint is not a basis for failure by the employer (his authorized representative) to comply with the decisions of the state labor protection inspector.

Investigation and recording of accidents in educational institutions

Accident investigations are carried out not only in production and other facilities, but also in educational institutions of various types.

The investigation and recording of accidents that occur with students of educational institutions during the educational process is carried out in the manner established by the federal executive body in charge of education, in agreement with the Ministry of Health and Social Development of the Russian Federation.

The procedure for investigating and recording accidents with students is determined by the Regulations on the investigation and recording of accidents с students and students in the USSR State Education system, approved by order of the USSR State Education Department of October 1, 1999, No. 639.

The regulation establishes a unified procedure for investigating and recording accidents that occurred during the educational process, regardless of the place where it was held, with students and students of educational institutions. The following accidents are subject to investigation and recording: injuries, acute poisoning resulting from exposure to harmful and dangerous factors, injuries due to bodily harm caused by another person, lightning, damage resulting from contact with representatives of fauna and flora, as well as other damage that occurred during:

conducting lectures, lessons, laboratory and practical classes, sports, clubs, extracurricular, extracurricular and other activities (during breaks between them) in accordance with educational, scientific and educational plans;

extracurricular activities and other events on weekends, holidays and vacations, if these events were carried out under the direct supervision of an employee of this educational institution or a person appointed by order of the head of the institution.

An accident that occurred during the educational process, causing a student or pupil to lose health for a period of at least one day in accordance with a medical report, is documented in an act of form N-2, which is registered by the educational authority, university, or technical school in a journal. The administration of the institution is obliged to issue the victim (his parents or a person representing his interests) an N-2 form and an accident report no later than three days from the end of the investigation into it. The act of form N-2 is subject to storage in the archives of the educational authority, higher and secondary specialized educational institutions for 60 years.

The head of the educational institution where the accident occurred is responsible for the correct and timely investigation and recording of accidents, drawing up the facts of the N-2 form, development and implementation of measures to eliminate the causes of the accident. Control over the correct and timely investigation and recording of accidents, the implementation of measures to eliminate the causes of the accident is carried out by higher education authorities. If the administration of the institution refuses to draw up an act of form N-2, as well as if the victim disagrees with the contents of the act of form N-2, the conflict is considered by a higher educational authority within no more than 7 days from the date of filing a written application. The medical institution to which the victim was delivered in an accident is obliged, at the request of the head of the institution, to issue a medical report on the nature of the injury. At the end of the treatment period for the victim, the head of the institution sends a message to the higher education authority about the consequences of the accident.

In case of severe accidents (group, fatal), a special investigation report is drawn up.

Responsibility for ensuring safe conditions for the educational process in the institution lies with its head. The person conducting the event is personally responsible for preserving the life and health of students and pupils.

About every accident that occurs with a student or pupil, the victim or eyewitness to the accident must immediately notify the immediate supervisor of the educational process, who must:

  • urgently organize first aid for the victim and his delivery to a health center (medical unit) or other medical institution;
  • report the incident to the head of the educational institution;
  • preserve the situation at the scene of the incident until the investigation (if this does not threaten the life and health of others and does not lead to an accident).

The head of the educational institution is also obliged to immediately take measures to eliminate the causes that caused the accident, report the accident to the higher education authority, the parents of the victim or persons representing his interests, and request a conclusion from the medical institution on the nature and severity of the injury to the victim.

The head of the educational institution must immediately appoint accident investigation commission in the following composition:

  • the chairman of the commission is a representative of the management of the educational institution, the educational management body;
  • members of the commission - a representative of the administration, the labor protection department or an occupational safety and health inspector, a representative of the teaching staff.

The Accident Investigation Commission is obliged within 3 days to:

  • investigate the circumstances and causes of the accident;
  • identify and interview eyewitnesses and persons who committed violations of labor protection and life safety rules;
  • if possible, obtain an explanation from the victim;
  • draw up an accident report in the form of H-2 in four copies;
  • develop an action plan to eliminate the causes of the accident and submit it for approval to the head of the relevant educational authority, higher and secondary specialized educational institution.
  • The report is accompanied by explanations from eyewitnesses, the victim and other documents characterizing the state of the accident scene, the presence of harmful and dangerous factors, a medical report, etc.

The head of the educational institution, educational management body, within 2 hours after the end of the investigation, approves four copies of the act, form N-XNUMX and one directs:

  • to the institution (division) where the accident occurred;
  • head of the labor protection department (inspector for labor protection and health);
  • to the archives of the education management body (higher and secondary specialized educational institutions);
  • victim (his parents or a person representing his interests).

An accident about which the victim, in the absence of eyewitnesses, did not report to the head of the event or the consequences of which did not appear immediately, must be investigated within no more than a month from the date of filing a written application by the victim (his parents or persons representing his interests). In this case, the issue of drawing up an act in Form N-2 is decided after a comprehensive verification of the statement of the accident that occurred, taking into account all the circumstances, a medical report on the nature of the injury, the possible cause of its origin, the testimony of the participants in the event and other evidence. Obtaining a medical report is the responsibility of the administration of the educational institution.

The head of the institution immediately takes measures to eliminate the causes that caused the accident.

An accident that occurs during long-distance hikes, excursions, or expeditions is investigated by a commission of the educational authority on whose territory the accident occurred.

An accident that occurs with a student of an educational institution, a secondary specialized educational institution, or university students undergoing internship or performing work under the guidance of enterprise personnel is investigated by the enterprise together with a representative of the educational management body of the institution and taken into account by the enterprise.

All accidents documented in form N-2 are registered by the educational authority, university, or technical school in a journal of the established form. Each accident with a student during the educational process, documented in an act in form N-2, is included in the statistical report.

The head of the institution is obliged to analyze the causes of accidents that occurred during the educational process, consider them in teams of teachers, teachers, educators and students, develop and implement measures to prevent injuries and prevent other accidents.

Authors: Volkhin S.N., Petrova S.P., Petrov V.P.

 We recommend interesting articles Section Occupational Safety and Health:

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