What is the procedure for investigating industrial accidents?

Unfortunately, even in spite of all modern safety measures, some injuries and accidents often occur in the workplace, the investigation of which is very important for setting reasons and methods for their elimination. Read the details of such an investigation in this article. Issues that will be addressed: the concept of an accident at work, the investigation procedure in accordance with its specifics, the necessary documents and materials, and so on.

What is the order of the investigation?

Documents regulating the procedure for investigating industrial accidents at the legislative level are the Labor Code of the Russian Federation (Articles 227 to 231) and the 73rd resolution of the Ministry of Labor of Russia, dated October 24, 2002. In addition to them, there are other regulatory legal acts, but they are not so important. Let’s take a closer look at the procedure for investigating and processing industrial accidents.

The responsibility for the investigation lies entirely with the employer of the company in which the incident occurred, even if the victim himself was not its employee. It is also important to consider several points regarding the procedure for investigating industrial accidents:

If the accident happened to a person who carried out his labor activity with one employer, being a full-time employee of the second, the commission of inquiry is created and maintained by the first employer, that is, the one at whose enterprise the traumatic incident occurred.
In the case of work by the victims on a part-time basis, the commission investigates the case where the accident occurred, subsequently reporting to the employer on the victim’s main workplace.
Accidents that occurred territorially on the area of one organization, but with employees of another (during their labor activity), are investigated by the commission from the employer who sent these employees to a third-party enterprise.
Accidents with company employees who worked in certain areas of another company’s area are investigated by the employer of the first, but certainly in the presence of the second employer.
In the event that the accident was caused by an accident in any working vehicle, the investigation falls on the shoulders of the commission assembled by the employer, she is also obliged to rely in her work on the calculations from the investigation, which was carried out by the relevant situation of the state body.
Also, the regular commission formed by the employer on the procedure for investigating an industrial accident includes representatives of the victim’s educational institution, if he was a student or student of an educational organization. Or went through practice at this production, carried out labor activities under the supervision of the employer of this company.

As you can see, the procedure for investigating industrial accidents provides for many different variations in the conduct of the working activities of members of the commission and not only. All this allows you to most effectively and correctly make decisions on each specific case of an accident.

Investigating commission

The procedure for the investigation of a mild accident at work: the investigation of a single or group (with the participation of several people) incident, which resulted in minor injuries, is handled by a commission urgently organized by the employer. The commission includes at least three authorized persons.

Such employees as a special worker in the direction of labor protection or his representative, a representative of the employer himself, as well as employees of labor protection bodies corresponding to this type of accident can enter it. The employer or his official representative from this organization will certainly head the commission. He, by special order or order, legally certifies the composition of the commission. The procedure for investigating a group industrial accident does not change.

Any injured person or one who represents him at the official level has the right to participate in the process of investigating directly the traumatic incident that occurred at this production in private with him.

The procedure for investigating a serious accident at work: the investigation of a single or group (with the participation of several people) misfortune, which resulted in serious injuries or death, is handled by a commission urgently organized by the employer. It includes at least three authorized persons, to whom the labor inspector from the state, representatives of the local executive power, representatives of the trade union, etc. automatically join.

In such cases, the commission is also approved by the employer, but its head is not he, but the chief labor inspector.

If the life and health of the victim were insured, representatives of the insurer (at the registration address of the one who insured) also join the commission.

The victim has the right to demand that his proxy be included in the investigation (in the event of the death of the first, his relatives can fulfill the request). If this person is not included in the commission itself, he may demand that he be provided with all the data collected in accordance with the procedure for investigating industrial accidents.

In the investigation of major accidental accidents in which five people died, representatives of federal bodies carrying out activities to monitor the execution by the organization of all legal decrees and regulatory acts are put on the commission.

This commission is also headed by the chief labor inspector. If a case has arisen on the territory of a federal body carrying out activities to control the execution by the organization of all legal decrees and regulatory legal acts, the commission passes under the direct supervision of the head of this body.

The participants in the commission should, in the course of the investigation and its results, contact the victims or their relatives for reporting in the results. Also, if necessary, they provide them with the necessary assistance (for example, a social plan) or advise on the receipt of this assistance from the state.

Terms of investigation

A single or group (with the participation of several people) accident, which entailed slight injuries, is investigated by the commission for no more than 3 days.
A single or group (with the participation of several people) accident, which entailed severe injuries or death, is investigated by the commission for no more than 15 days.

The countdown for the investigation begins with the official formation by the employer of the commission of inquiry.

An accident about which the head of the organization was not notified or as a result of which the victim did not immediately experience problems with legal capacity is investigated by the commission no more than a month from the day the victim submitted a special application.
If an additional check is needed for the investigation, its terms can be extended by the head of the commission, however, the maximum term for this extension is 15 days. If the commission does not fit into these deadlines, it submits an application for their extension to the bodies that slow down the receipt of results (for example, due to an examination).

The victim or his representatives must be notified by the employer of all terms and possible delays.

Additional investigation

The procedure for investigating an accident at work involves re-conducting it if the inspector reveals the concealment of information by the participants in the proceedings, receives a complaint from the victim, his agent or another person related to the victim or having one or another relationship to the accident case, etc. In such a situation, the inspector, based on the request of the persons involved or in connection with the discovered lack of information, which is why objective conclusion to assledovanii, conducting another investigation. The limitation of the traumatic incident in such an unusual situation is not of legal importance.

An additional investigation, as called for by the order of investigation of accidents at work (in the Republic of Kazakhstan or the Russian Federation, it doesn’t matter), involves a labor inspector from the trade union, and, in case of urgent need, representatives of the necessary executive authority. The latter monitor compliance with all necessary requirements in the field of activity for which they are responsible for the post. Also, the executive body on the part of the insurer may enter the commission.

Based on the results of a new investigation of the incident, the labor inspector from the state, following the rules, must create a conclusion that will contain all the new information received during the work. He must do this in accordance with the fifth form of the first provision to Resolution No. 73 of the Ministry of Labor of Russia, adopted on October 24, 2002. Then the inspector issues an order to the employer or his representative that is strictly binding on his maintenance.

Also, the state inspector has the right to force the employer or his representative to write a new regulatory act on the accident that occurred at the enterprise if the previous one was drawn up with any violations or has nothing to do with the actual materials of the investigation (more about them in a separate paragraph near the end of the article ) An act recognized as invalid, in this case is withdrawn and loses its legal force on the basis of the decision of the employer (his authorized representative) or labor inspector.

Inspection and Interview

The main task facing the commission in the ordinary course of investigation of industrial accidents is a careful, thorough examination of the place where the accident happened. At this time, the employer should try to recreate the situation in the workplace that led to the accident (of course, if this does not threaten the health and life of the organization’s employees) so that it is more obvious to the commission members what could cause the accident and by what method it will be necessary in the future to eliminate (and afterwards to carry out a series of preventive procedures in order to avoid the repetition of old mistakes).

As a result of the inspection, which gives, as a rule, the most accurate information about the causes of the accident, a protocol is drawn up, after which members of the commission conduct a survey of all witnesses to the industrial disaster from among the workers and their managers. If there is such an opportunity, questions are asked of the victim himself or his agent.

What you need to find out from the victim

What kind of work did the victim do during the incident?
Who, when and on what grounds ordered him to do this work?
When did the victim start this work?
What tools and aids did he use in his work?
What condition did they have at the time of work?
What position was he in (sometimes even the pose in which the poor fellow was before the moment of injury is important for the investigation)?
How was he feeling?
Who, when and at what level instructed the victim according to safety rules at the enterprise?
By what means was the victim protected? Did he have them at all?
Was any outsider present at the time of the accident?

The order of investigation of accidents at work briefly describes the list of these issues, so everything always depends on the specific situation.

What you need to find out from eyewitnesses

Where were the eyewitnesses themselves during the incident?
What kind of work were they doing at that time?
Have they noticed a safety violation on the part of the victim? If so, what measures were subsequently taken by the manager of work in the workplace?
How did the victim behave?
What do they think led to the accident?

And so on. The procedure for investigating industrial accidents in the Russian Federation is regulated in such a way that, as a consequence, the conclusions drawn from surveys of the person who survived the accident and witnesses of how this happened are also recorded in the form approved by the Russian Ministry of Labor.

Local regulations

The procedure for conducting an investigation of industrial accidents requires members of a commission convened for such an occasion to carefully study all legal documents related to the organization of work and the safety of employees. These include:

Valid at the time of consideration instructions for labor protection and safety.
Job descriptions of all employees of the enterprise.
Technical data sheets, various schemes and other papers related to equipment that caused an accident during operation.
Documents confirming periodic testing and maintenance work with the technical equipment of the enterprise.
Documents confirming the issuance of all personal protective equipment to employees during production.
Collective agreement, if any.
Documents confirming personnel training on safety issues.
Documents, according to which the victim had the right to perform the labor activity that ultimately led him to injury.

Other. Thanks to their study, the commission members find out what could have happened, following the procedure for investigating an accident at work and the documents necessary for it.

Also, the employer may be forced to pay the following from their own savings:

Carrying out technical expertise.
Taking photographs and drawing up diagrams of equipment damaged due to an accident.
Providing necessary for the investigation of things, for example, personal protective equipment or even transport.

What is the procedure for investigating an industrial accident, such are the costs. However, monetary obligations do not always fall on the shoulders of the employer, however, this nuance is not legally justified too much.

Materials

The procedure for the investigation of industrial accidents in brief provides for the following materials related to the investigation:

Formal order to create a commission by the employer.
Photos, diagrams, videos and other materials from the place where the accident occurred.
Documents containing the characteristics of the workplace, including the presence or absence of harmful and dangerous factors of production.
Protocols for issuing instructions to employees on occupational safety and health.
Protocols of interviews of the unfortunate person, eyewitnesses of this event and other persons involved in the investigation process.
Expertise of technical specialists.
Medical Examination.
Documents attesting that the victim has all the prescribed personal protective equipment.

And other documents that the commission may require in accordance with the order in which they investigate an accident at work. Only originals from which copies are made later are considered.

Results Decision

The procedure for the investigation of industrial accidents in the Labor Code of the Russian Federation prescribes that at the end of the investigation, the commission:

Installs the official cause of the incident.
Determines the correctness of the actions of the victim himself.
Performs qualification separation (an accident may or may not be associated with production).
Identifies violators of industrial safety conditions.
It makes certain measures in accordance with which the prevention of such accidents is carried out in the future.

If there are disagreements between the specialists on the commission, a vote is taken and the final decision is determined by the principle of majority votes. The opinion of the minority is recorded and in the future, on their basis the entire investigation can be appealed.

The fault of the victim

If, in the course of the investigation of an industrial accident, it was found that the victim grossly violated the safety of the labor process, which led to the occurrence or subsequent growth of harm to health, the commission determines his guilt, calculating it in percent in accordance with certain legal acts.

Moreover, the degree of guilt of the victim cannot exceed 25%, and cash payments from insurance funds are reduced in proportion to the growth of this number.

The procedure for the investigation of industrial accidents establishes how the fault of the victim is determined. This is done in accordance with the following:

Acquaintance by him under the official list with all the provisions of the enterprise that describe the requirements for the protection and safety of labor production; conducting instructing classes and work with him, as a result of which the victim became familiar with all the rules, the violation of which potentially provokes an accident during the performance of his work tasks.
The victim’s presence of all personal protective equipment necessary for the work, his knowledge of all the rules for using them (which can easily be confirmed by minutes of briefings or schedules for visits to special training sessions that all employees took place before actually taking office).
The correctness of these briefings themselves and the list of rules governing safety in the production sphere (it was not the victim himself who made the mistake, but the one who gave him the wrong information, which he followed).
The competence of the executives who conducted these briefings and training sessions.

Total

All members of the commission, that is, the persons who were convened in it and its immediate chairman (represented by the employer or his official representative) involved in the investigation of an accident at work, bear official legal responsibility for following all legal standards: compliance with the deadlines established in accordance with the specifics of the accident, the correct and correct fulfillment of one’s work duties, objectivity and impartiality of the final decision made based on the results of research work.

The chairman and the entire commission as a whole are controlled by local or federal executive bodies in accordance with article No. 353 of the Labor Code of the Russian Federation, as well as by trade unions and senior labor and production inspectors.

We hope this article resolved any of your questions, in particular, what is the procedure for investigating an industrial accident. The above information should help any interested person in understanding all aspects and subtleties of such procedures, as well as prompt them specific actions, give advice on the legal basis of this issue.