Sometimes, as a result of violation of safety requirements at the workplace, unforeseen situations arise that can lead not only to injuries, but also death for humans. Despite the fact that legislation enshrines measures to avoid these situations, they still occur. Field leaders need to know what actions to take in the event of an industrial accident. Distinguish their types and conduct an investigation correctly.
What is an unforeseen situation called an accident?
An accident is called an unforeseen event that occurred with the victim during the performance of his duties, as enshrined in the job description. If on the way to work or, conversely, to the house you accidentally overtook troubles, then this will also be considered a tragic case in the workplace. Traumatic cases that occurred while a citizen was on a business trip belong to the same category. All these circumstances are enshrined in law.
Industrial contingency legislation
It is necessary to distinguish between accidents resulting from emergencies regulated by 125 Federal Law and temporary disability of a citizen, which is regulated by another Federal Law under number 225, as well as other regulations in the field of labor relations.
More detailed information on what a tragic incident that has occurred as a result of labor activity can be found in the Labor Relations Code in article 227.
This code indicates that unforeseen situations that have led to injuries in the workplace and which require investigation of an accident occur when the following factors occur:
- Various injuries of the skin, upper and lower extremities, head and other organs, tissues and parts of the human body, which were damaged both during the production process independently and by other persons.
- Heatstroke.
- Frostbite of the body.
- Burns.
- Drowning.
- Lightning strike.
- Electric shock or radiation.
- Injuries resulting from emergencies (destruction of structures, structures, buildings, accidents, natural disasters).
Who receives insurance benefits from unforeseen work situations?
The legislation on industrial accident insurance stipulates that workers are insured not only from various injuries and injuries, but also from the possibility of an occupational disease.
These provisions are enshrined in Federal Law No. 125. It states that all individuals working on the basis of an employment agreement or contract that they have concluded with their employer, in this case acting as the insured, are insured against industrial accidents.
This category also includes persons in places of deprivation of liberty, but at the same time involved in labor work.
If the policyholder pays insurance premiums for individuals working on the basis of a civil contract, they (or relatives) will also receive appropriate payments in the event of a tragic situation leading to personal injury or death.
An industrial accident and an occupational disease are insured not only against Russian citizens, but also for citizens of foreign states, as well as of persons stateless, of course, unless the contrary is provided for by other regulatory acts of the Russian Federation.
How are industrial injuries classified?
According to unforeseen situations occurring during the production process, all injuries can be classified as follows:
- Injury or death that occurred when a citizen was at his workplace.
- Injury received during a business trip.
- Unforeseen situations that occurred during the passage of an individual on official vehicles from home to work and vice versa. Situations that may occur in the employee’s personal car must be agreed with the authorities in advance. Only the employer decides whether he will consider this an unforeseen situation at the workplace and whether he will take all necessary actions in case of an accident at work.
- During a break for rest or at the moment of transition from one shift of workers to another.
An example of an unforeseen situation that occurred directly at the workplace
Worker Ivan Ivanovich Smirnov, who is an auto mechanic in the organization, worked on replacing engine oil in one of the company vehicles and accidentally burned them.
If this employee made an oil change during working hours, while he officially performed his duties, then, having insurance against accidents, he receives a disability certificate as a result of a burn, without a doubt, a 100% unforeseen event is drawn up. The employer must carry out all legislatively prescribed actions in the event of an industrial accident.
An example of an unexpected situation during a business trip
Citizen Semenov Alexander Petrovich was sent by his employer on a business trip to another city to one of the construction sites of his company. As a result of the site survey, despite observing all safety rules, this representative of the construction company received a closed head injury.
An example of an emergency on the way to work
Citizen Vinogradov Sergey Gennadievich, who occupies the position of a driver in regional power grids, was sent to a traffic accident on the way to work, as a result of which he received fractures of the upper and lower extremities. This is also considered an unforeseen situation, as a result of which the employer S. Vinogradov must take all necessary actions in the event of an industrial accident.
How can we classify all unforeseen situations in the workplace?
All injuries are divided into 2 groups - according to the consequences and the number of injured people. According to the consequences of an unforeseen situation, it is divided into:
- mild degree;
- heavy
- fatal.
By the number of people injured, injuries are divided into individual and group. With group injuries, two or more people suffer.
Types of industrial accidents
- Injuries resulting from a variety of emergencies.
- Drowning as a result of immersion in water.
- Exposure to toxic and harmful chemicals.
- Injuries resulting from fire. Burns, carbon monoxide poisoning.
- Lightning strike.
- Radiation or electric shock.
- Human exposure to extreme temperatures. They can be either very low and causing frostbite, or too high, resulting in burns of the skin or mucous membranes when inhaled.
- Lesions of the skin and internal organs as a result of the penetration of foreign objects through the human skin.
- Emotional overstrain caused by strong mental or physical stress.
- Pinched person by moving mechanisms and objects.
- Lesions caused by explosions or collision of a person with various details and objects.
- Cliffs of stairways, windows, doors. The descent of stones, snow, earth and other collapse of materials and natural components.
- Falling from a height or depth.
- Falling on a flat surface (tripping, slipping, awkward steps).
- Injuries associated with a variety of vehicles (water, air, rail and other types).
- Walking to the place of work and from it to the house, as well as following this route by public transport.
Types of accidents at work can be very diverse, all of which lead to various injuries to a person, after which he receives a sheet of temporary disability or, unfortunately, it all ends in death.
How to understand that an unforeseen situation is subject to investigation?
Accident investigation is a responsible matter. Therefore, any leader should treat this with understanding.
The Labor Relations Code indicates that an investigation must be carried out in the following cases:
- If the worker acquired injuries of varying severity, but he should have received them at the factory at the time he performed his duties.
- If the employee was injured at the time of going to work or in between shifts.
- During the period of going to work on official, personal or public transport.
- Investigations should also be carried out in cases of injury during the preparation of the workplace or completion of work.
Algorithm of actions in case of an unforeseen situation at the factory
First of all, the victim must provide first aid in case of an accident at work.
Further, it is necessary to immediately inform the management about the incident, since if the boss is not notified, he will not be able to start the investigation procedure.
If the patient is in the hospital, then upon completion of the illness he will have to provide the head with his disability certificate issued by the medical organization.
Necessary management conduct in the event of an accident
- The immediate supervisor of the victim should take care of the emergency care of his employee and ensure that he is transported to a medical organization.
- Carry out a set of measures aimed at eliminating threatening factors that caused harm to the employee. This is necessary to protect the remaining members of the workforce.
- Prior to the investigation, try to maintain a tragic situation, of course, if injuries did not cause natural disasters, fire or accident.
- To inform all bodies indicated in the legislation on labor relations about the occurrence of injuries at work, and if the case was fatal, then it is necessary to inform the relatives of the deceased.
- In accordance with the requirements of the Labor Relations Code, initiate an investigation and issue an act on an industrial accident.
What bodies should be notified of an accident?
During the day, the employer sends a notice to the following bodies:
- State Labor Inspectorate.
- Prosecutor's office.
- Trade union organization.
- Local government bodies.
- If the tragedy occurred in a branch of a large organization, then local leaders bring the information to the main department.
- The executive body of the insurer, where they consider the amount of insurance payments in case of tragic cases at work.
It is worth reporting to the above authorities if the injury received is of high severity, a case of group or fatal outcome.
How is the commission of inquiry formed?
Before initiating an investigation of an unforeseen incident leading to injuries, the head must create a commission. It consists of:
- Representative from the employer.
- The specialist is responsible for maintaining labor protection at the enterprise.
- Representative from a trade union organization.
Such a commission is made in case of mild accident.
If the case is serious or caused death, then the inspector of the state labor inspectorate acts as the chairman of the commission. The commission also includes representatives of local governments, an insurance company and a trade union organization.
Mild cases are investigated within three days, severe cases up to 15 calendar days. The deduction starts from the day the order on the composition of the commission is drawn up. If the investigation could not be completed within the specified time, the chairman has the right to extend the term by another 15 days. If the delay is caused by the fact that the bodies of inquiry are engaged in the matter, then the period shall be extended upon agreement with them.
How to properly format the results of the investigation?
On the basis of the work done, two copies of the act on an industrial accident are compiled. This act indicates the causes of the incident, the perpetrators who violated labor protection requirements, the circumstances of the incident.
If there was a conflict with the victim, it is necessary to create three copies of the act.
Form 1 "Industrial accident" is approved by the employer, signed by all members of the commission and sealed with the seal of the enterprise.
If the case has a high degree of severity or has been fatal, then one copy is sent to the prosecutor. Also, copies of the acts are sent to the insurance organization and to the state labor relations inspectorate
How to take into account unforeseen production situations in the Russian Federation?
The registration of industrial accidents is conducted by Rosstat. A report on the number of victims, and for what reasons this happened, is made up according to form 7 “Injury”.
In addition, each occupational injury is recorded by the employer in the journal "Accounting for industrial accidents" No. 9. It is necessary to write down the date and time of the tragedy, information about the injured worker, the reasons for the unforeseen situation and what measures have been taken to eliminate it.