Safe and comfortable working conditions are what every employer should strive for. However, the absence of the influence of harmful and dangerous factors is possible not at every production, despite the massive introduction of automated processes, and perfect personal protective equipment. Very often, even subject to all established rules and standards, work injuries and accidents. This is due to a certain extent with the human factor, inattention, neglect of security measures, etc.
It will be about how to comply with the procedure, the timing of the investigation of industrial accidents, and what situations relate to them.
Employer Responsibilities
To begin with, he bears a serious responsibility for failure to fulfill the obligations assigned to him by law with regard to ensuring safety at workplaces. Namely, in accordance with the Labor Code of the Russian Federation, the employer must:
- to ensure the safety of their employees in the performance of technological processes, operation of structures, buildings, equipment, as well as tools, materials and raw materials used in the production;
- use certified collective and personal protective equipment for workers;
- to train their employees in safe working methods, first aid issues, train employees and test knowledge on labor protection;
- give briefings (introductory, primary, repeated, target, unscheduled);
- to conduct a SOUT in a timely manner and in full;
- conducting mandatory periodic and preliminary medical examinations;
- comply with the records and terms of investigation of industrial accidents, if any.
What cases need to be considered and investigated?
According to the labor legislation of the Russian Federation, accidents that happen to employees and other persons involved in the production processes of the employer in the performance of their duties, or when they performed any other work on his instructions or due to labor, are subject to investigation and subsequent accounting. relationship. The circle of people who belong to these categories is defined by law (Article 227 of the Labor Code of the Russian Federation).
Before starting an investigation of a serious accident (the terms are specified below) or even a small incident, it should be clearly understood that there are certain conditions for its occurrence. They are comprehensive and are presented in the Labor Code of the Russian Federation.
When is an incident recognized as occurring in a factory?
In the prescribed manner and for certain periods of time, events are investigated and taken into account, as a result of which the employee received injuries or bodily injuries, including from other persons, heatstrokes and burns, frostbite, lightning, radiation, electric shock, drowning, damage caused by insects and (or) animals, as a result of the destruction of structures, buildings, explosions, accidents, natural disasters and other emergency situations. Moreover, they should entail a temporary or permanent disability, or the need to transfer the victim from one place of work to another, or death. The circumstances that have been recognized are considered to be work-related injuries if they occur:
- within the working time and on the area (territory) of the employer or at the place of work;
- when following the employer's transport or in some cases personal to the place of work, as well as business trips
- during rest between shifts when working on shift or on a ship (river, sea, air);
- in the performance of other lawful actions, if they are provided for by labor relations, or committed in the interests of the employer.
Employer Responsibilities
In the event of an emergency, it is important for the employer to follow a certain sequence of actions, including the importance of remembering how long accident investigation will work in a given situation. At the same time, a number of duties are assigned to him by law:
- immediate organization of first aid to the injured person and, if necessary, his delivery to a medical institution;
- the adoption of urgent measures to prevent the further development of an emergency or other emergency situation, the impact of a factor traumatizing other persons;
- until the commission arrives and the deadline for the investigation of the accident begins, the situation is maintained as it was at the time the situation was accomplished, when it is possible and does not pose a threat to the health and life of other people;
- if possible, record what is happening by taking photos or videos, make diagrams, etc .;
- informing state bodies and organizations in accordance with the Labor Code of the Russian Federation;
- taking all necessary measures aimed at promptly and qualitatively studying the situation, conducting an accident investigation on time and in accordance with the legislation of the Russian Federation.
All these actions should be carried out immediately, promptly and efficiently.
When and where to report an accident?
Not only the term of the accident investigation is important, but also the time during which the employer is obliged to report it to the relevant state structures. There may be several situations. So, if the accident occurred concerns a group of people (more than 2 people) or is severe or fatal, then the employer is given a day to notify in the established form: the relevant executive authority (federal), which has the authority to oversee compliance with labor laws, the prosecutor’s office, local authorities, the territorial union of the trade union committee. When compiling this list, the nature of the accident should be taken into account in many respects: poisoning, accident, etc.
Commission formation
In order for the procedure to be carried out and the deadline for the investigation of the accident to be observed, a special commission is created. It is created immediately by the employer or his representative in the amount of at least three people. The composition of the commission must necessarily include a labor protection specialist or a person who is assigned his duties by an appropriate order or order, a representative of the trade union. It is headed by the employer, and in some cases defined by the Labor Code of the Russian Federation, it can be an official from the relevant executive authority that oversees this area of activity. Further actions of the commission are often specific and largely depend on specific circumstances. This process is regulated by the Labor Code of the Russian Federation, in particular, article 229.
Light accident investigation period
The timing of the procedure depends on the nature of the accident. So, in accordance with the Labor Code of the Russian Federation, if the victims received minor harm to their health, then 3 days are allocated for the investigation. These include, in particular, cases where disability is temporarily lost (no more than 60 days). Not every doctor can determine the severity, but only a special clinical and expert commission.
Severe accidents
The deadlines for investigating serious accidents when one or more employees are seriously injured or have been fatal are extended to 15 days. Sometimes for some reason the employee does not want or is not able to immediately inform the employer about what happened. Or disability did not occur immediately, but some time after the accident. In this situation, the process occurs in the same order, but with one difference. The term for investigating an accident at a production of this nature is extended to a month from the date of receipt of the application from the employee or his agent.
Is it possible to extend the deadlines?
Sometimes it is not possible to complete the process within the specified time period for several reasons: the need to consider the circumstances of the case in the organizations that conduct the examination, in court, in investigation or inquest bodies. In this case, the period may be extended, but by agreement with these bodies, or taking into account the decisions they made.
The second case takes place when it is necessary for a full consideration of the situation and the case to conduct additional checks, obtain appropriate expert or medical documentation. Then the term for the investigation of an accident at work can be increased by decision of the chairman of the commission, but no more than 15 days.
Registration and registration of accidents
All accidents that have occurred in the industry, duly executed, must be registered by the employer or his representative, who, according to the decision of the commission, keeps their records. For this there is a journal of the established form.
It is important to remember that the act of investigating a serious accident at work or of a group that caused the death of an employee, together with other materials within three days after their transfer to the employer (who has been kept for 45 years), is sent to the prosecutor by the chairman of the commission.
Thus, in order to fulfill all the requirements of the law, to perform the procedure correctly, it is important to carefully study the topic. It matters not only the time frame for the investigation of the accident, but also how exactly, what should be the result, and what could be the consequences for all parties involved in the case.
