Injuries received at work or inhibition of life due to work should not go unnoticed. Such events entail the investigation and recording of industrial accidents. This process should be carried out as soon as possible. This procedure is very responsible and is carried out in accordance with regulatory legal acts. The legal framework implies liability for the incorrect procedure for recording industrial accidents. For this reason, it is necessary to clearly understand what this process implies and what is the sequence of its implementation.
What is included in this concept?
The Regulation on an industrial accident regulates this definition as events that arose in the course of labor activity and led to damage to the vital functions of the human body. That is, if a person is able to continue to work normally, then this does not apply to this definition. In order to qualify the problem in this way, serious consequences are needed in the form of the inability to temporarily or permanently conduct the usual labor activity, death.
What are the factors behind this process?
The factors that contributed to the harm to health can be determined from completely different positions. The source of injury may be the production process itself. The boundaries of responsibility are outlined not only by the territory of the institution, but also by following the employee from home to the workplace. But the law provides for the investigation and registration of industrial accidents in this case, only if the situation occurred with the participation of vehicles provided by the organization.
The injuries that a person received during weekends, holidays, and business trips are also subject to this procedure. But at the same time, these events must be initiated by the employer. This process is also required in the event of an accident that occurred during the execution of a task or assignment of the organization.
What are the types of this event?
The procedure for investigating the registration of industrial accidents begins with the establishment of the fact of the event. The main classification feature is the severity of the harm caused to human health. According to this factor, the following types of accidents are distinguished:
- Light. It is believed that after receiving injuries of mild to moderate severity, after a certain rehabilitation time, a person can fully restore his ability to normal work.
- Heavy. In this case, the injuries are severe. They lead to such violations in the life of a person, after which he is considered disabled. Most often, people who have suffered such an event are assigned a disability group.
- Hidden. If the investigation and registration of industrial accidents does not proceed properly, then it is of this nature. This situation occurs if the employer tries to hide the fact of what happened from government bodies. That is, the hidden nature of the investigation is not legal.
- Group. In this paragraph, everything is very clear, since the current sad situation affected several employees at the same time. A group of people injured at work is even a couple of people.
- Fatal.This is the most difficult case, because its consequence is either injuries that led to death, or the death itself.
Which individuals are the subjects of this process?
The investigation and registration of industrial accidents is necessary in order to improve and optimize labor relations, minimize possible risks and ensure the safety of life of all employees. Of course, it is impossible to completely exclude the possibility of a deplorable situation. You can never predict malfunctions in the production system or exclude the human factor.
In order to protect the interests of victims, there is a procedure for investigating the registration of industrial accidents. It is he who allows using a set of measures to defend the employee’s right to reimburse him for moral and material compensation.
The persons with respect to whom social insurance standards are formed include all those people who in any way participate in the production activities of their employer. This circle is not limited to employees of the organization. The Regulation on the Investigation of Industrial Accidents regulates a whole list of persons with respect to whom this procedure can be carried out. These include:
- People who have been injured as a result of retraining, reprofiling, or gaining practical skills at an enterprise. For this, the relationship between the victim and this organization should be issued in the form of a special student agreement.
- Students who are in the institution practice. Moreover, the investigation must be carried out regardless of the type of enterprise.
- People who undergo rehabilitation in the form of work in a medical institution. These are people who are primarily affected by mental disorders and mental health problems. This procedure must be approved by the attending physician and fixed by the provisions of occupational therapy.
- People in prison, but whose abilities are used for work purposes.
- People employed in volunteer work.
- People who are members of production cooperatives, as well as peasant farms. In this case, these persons must themselves take part in the production activities of these institutions.
What situations are subject to investigation?
An act of investigation of an accident at a work place should be drawn up if a situation occurred during the fulfillment by a person of his production duties, as well as the instructions and tasks of the employer. In this case, the injured person must be involved in the production process and have insurance against occupational diseases, as well as similar situations. Actions that entail injuries and disabilities should be due only to legitimate and legitimate intentions.
Instructions for industrial accidents relate to such types of emergency situations as personal injury (despite the fact that injuries caused by equipment and by another person are taken into account), heat stroke, damage to the skin from cold, boiling water, and chemical reagents. If a person drowned, he was struck by electric shock, or he received a lightning bolt, then this case is also to be investigated.
In order to claim compensation, even a bite or other mutilation caused by animals or insects is enough.
Among the sources of accidents, global emergencies such as explosions, industrial accidents, collapse of structures, natural disasters can be distinguished.In any case, these events should lead to the fact that a person is forced to move to a new workplace due to his health condition. The reason for this is permanent or temporary disability or death. A person could be not just an accidental victim, but could be injured when trying to prevent a catastrophe or in liquidation work.
Which persons are members of the commission of inquiry?
The procedure for investigating industrial accidents also determines the circle of persons involved in the lawful conduct of this process. These people form a specialized commission. It includes at least three people. It is considered optimal that such specialists as an authorized person for labor protection, an employee representing a responsible party, that is, an employer, as well as an employee of a trade union organization should participate in the process.
The person who will lead the investigation team must also be identified. In this case, it is the head of the organization or another person who has the powers of the employer. This obligation falls on the shoulders of this particular person, since it is in the field of his interests that the lawful and legal conduct of this procedure is carried out. The second person who may be the head of the commission is a representative of the local government. But this is not any representative, but only one in whose competence is the sphere of life safety and labor protection.
Who is involved in the investigation of fatal work accidents?
Since the actions that entailed serious injury or death are classified according to another article of the law and do not allow a person to carry out his usual activities, the investigation is carried out differently. Death can also be recorded as an industrial accident. In this case, the documents are filled out not only by the representative of the local government department for labor protection and life safety, but also by the trade union organization. Employees of an insurance company and a person from the federal executive body should attest to what happened.
The head of the commission investigating fatal accidents is the representative of local governments. In the field of activity of this person should be a point of control and supervision in the field of labor organization. He monitors the implementation of all norms and requirements of labor law. But in any case, the approval of the final composition of the commission rests with the employer. This commission does not have the right to include persons who were responsible for security in the area where the accident occurred, resulting in injury.
What is the period of the investigation?
Depending on various factors, the accident at work is investigated in completely different ways. The sample states that if the situation is classified as mild, then it should be considered within three days. The commission must determine the extent of damage. And if the injury is of mild or moderate severity, then it is investigated precisely in this period. It is believed that during this period it is possible to assess the damage to health, both an individual and a group of people.
A longer period has been set to assess what happened in the event workers receive severe injuries. This period is equal to a crescent, that is, fifteen days. It also doesn’t matter how many people were affected by the emergency. The same number of days is set to investigate the causes of death.
There are also situations where a person understands that his ability to work was violated, not immediately.It is possible that the information reached the employer too late or for some reason the investigation was not launched. If these factors have occurred, then this emergency event is considered for the period determined by the relevant regulatory documents. The Labor Code for this case prescribes a period equal to one calendar month.
But the above figures do not have such a clear framework. It often happens that the commission needs additional information to make a final verdict. They can be taken only by conducting medical examinations, examination or inquiry procedures, as well as specialized examinations. Of course, in order to get reliable information, still need time. For this reason, if the commission considers it necessary to take extra time, then it has the right to do so. The only thing the law provides is that the total time period for an investigation cannot be extended by more than fifteen days.
How is an accident documented?
In the process and at the end of this process, the commission is confronted with various kinds of papers that confirm the investigation of an industrial accident. Documents include not only certificates and opinions from various medical institutions. They are only concomitant to make the final decision, which enshrines the act of an accident at work. The form of this document is defined by regulatory legal acts and established by law.
This document has a number of features. Firstly, this document should be made in duplicate. Both options have the same legal effect. If the incident concerned a group of persons, then an act of accident at work should be drawn up for each victim. The form can be filled in different languages. At will, it is state Russian or the language adopted in the region.
The option of compiling a third copy, which captures an accident at work, is possible. Form H-1 is laid down in additional terms during production with the insured.
The act is a document in which information about what happened is fixed. It describes the factors that contributed to the occurrence of this incident. People who were responsible for safety in the area where the emergency event occurred are also recorded. If the formation of an accident is caused by the fault of another person, then its degree is described in the act. It is expressed by a certain number, the symbol is percent.
After this document has been drafted, it must be signed by all members of the commission, as well as the head of the enterprise in which an emergency occurred. At the end of the act must be certified with a seal.
How is the act stored?
Since this document is executed in duplicate, it is clear that they are intended for different purposes and are stored in different places. One act rightfully belongs to the victim himself. By law, he must receive this document in his hands within three days from his employer. If a work accident resulted in death, then this paper is passed on to the relatives of the deceased. These can be persons who were brought up and provided by the victim or just his relatives.
The second copy belongs to the employer. He must keep it for forty-five years from the moment of the incident. This is necessary in order to keep records and analyze the general situation in the field of safety and labor protection at this enterprise.
If the resulting situation was of an insurance nature, then a possible third copy should be sent to the company that carried out the insurance procedure.
Since the investigation can be conducted regarding persons who have undergone practice, re-profiling or retraining, not only the enterprise that became the site of the accident should have copies of the act. This document is also kept on the balance sheet of the institution that sent the victim to carry out this process.
Documents should also be sent to trade union organizations. This is necessary in order to analyze cases, take statistics and prevent a recurrence of what happened.