What are the risks for an employer if an employee receives a work-related injury? Fatal industrial accident. Fatal industrial accident.

However, you need to understand that only a competent and qualified criminal lawyer who has relevant experience can guarantee that the interests and rights of the accused will be reliably protected. If the death of an employee occurs at work, the first thing the occupational safety engineer should do is call ambulance, protect the scene of the tragedy, contact your immediate superior. In a fatal incident in mandatory An investigative commission is appointed, which reveals all the circumstances of the tragedy, and also establishes the causes of what happened. The perpetrators are required to be held accountable, and the relevant logs on safety and permission to work associated with increased danger are checked.

Death at work: criminal liability and its consequences

Causing death by negligence as an independent crime must be distinguished from other crimes that involve causing death to a person through negligence: in case of intentional harm to health (Article 111 of the Criminal Code), in case of illegal abortion (Article 123 of the Criminal Code), failure to provide assistance to a patient (Article 123 of the Criminal Code), .124 of the Criminal Code), kidnapping (Art. 126 of the Criminal Code), illegal deprivation freedom (Article 127 of the Criminal Code), etc. In such cases, the main criterion for delimitation is that in addition to causing death through negligence, other actions (inaction) are committed that encroach on another object.
Here we are talking about liability for a crime that can be committed with two forms of guilt (see commentary to Article 27 of the Criminal Code).10.

Comments from a criminal defense lawyer

Attention

Creation of a commission to investigate an industrial accident involving fatal must be done by the manager himself and government employees. The commission may include a representative of the employer instead of the employer.

Important

After sending a notification to government agencies and receiving information from them about the representatives who will participate in the investigation, the head issues an order. In it he indicates the composition of the commission. The chairman can be a labor inspector or a representative of Rostechnadzor.

Info

It is prohibited to include in the commission specialists from the enterprise who were supposed to monitor compliance with occupational safety requirements at the site where the tragedy occurred. Deadlines By general rule, the investigation should last 15 days.

Meanwhile, situations are different, and this period may be extended. An increase in the period is usually associated with the need to request additional documents, conduct examinations.

Who is responsible for death resulting from a work injury?

A mandatory feature of the offense under study is consequences in the form grievous harm health, which resulted in loss of vision, speech, hearing, any organ or loss of organ functions, termination of pregnancy, mental disorder, permanent disfigurement of the face, significant permanent loss general ability to work (by at least one third) or complete loss of professional ability to work. In cases of violation of labor protection legislation that does not entail the occurrence of these consequences, liability arises under Art.

5.27 Code of Administrative Offenses of the Russian Federation. It is necessary to establish a causal relationship between the act and the consequence, i.e. that the consequences occurred precisely because of non-compliance or improper execution their labor responsibilities. However, when examining the causal relationship, it is also necessary to clarify the role of the victim in the incident.

What liability does an employer have for a work-related injury?

During it, research is carried out collected documents, as a result of which the issue of classifying the accident as related or not related to production activities citizen. In addition, at the meeting, employees are identified who committed violations of occupational safety requirements, as a result of which their colleague died.
Case materials Based on the results of the meeting, packages of documents are formed for the prosecutor's office and members of the commission. They include acts according to f. N-1 (about the incident) and f. 4 (about the investigation).
One original is submitted to the State Tax Inspectorate, the trade union, the Social Insurance Fund, a representative of the administration, the employer and the prosecutor's office. One act according to f. N-1 is given to the relatives of the deceased.
The generated packages of documents are sent to the above authorities within three days from the date of completion of the investigation. The head of the enterprise is obliged to register the incident in the appropriate logbook.

Death at work: who will pay for the death of a person?

of the Criminal Code, and entailed the consequences listed in this article, the act must be considered a crime against the person, regardless of whether the victim is related to this proceeding or not (Articles 109, 118 of the Criminal Code). And is punishable by a fine of up to two hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to eighteen months, or correctional labor for a term of up to two years, or imprisonment for a term of up to one year.
If the act by negligence resulted in the death of a person, then the punishment will be more severe, and only in the form of imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it. A. Kurmanov K. Yu.

Criminal liability for causing harm to health or death of an employee

This article establishes cases in which the investigation is carried out by a labor inspector.

• 230. This norm establishes the procedure for drawing up documents drawn up during the investigation.

  Their forms are present in the Resolution of the Ministry of Labor No. 73 of 2002.

Initial activities Let's look at an example. The citizen was working on a woodworking machine. He cleaned the equipment.

In the process, his hand was pulled into the drum and torn off. An accident occurred at work. The death of the person occurred due to large loss of blood. What should an employer do first? Maintaining the situation The manager of the enterprise must fence off the area and not allow other employees to change anything or remove any parts at the scene. It is necessary to preserve the situation for the commission members who will investigate everything.

These include, in particular: employees and other persons undergoing vocational training or retraining in accordance with an apprenticeship agreement; students and apprentices educational institutions of all types undergoing practical training; persons suffering from mental disorders those participating in productive labor at medical production enterprises in the form of occupational therapy in accordance with medical recommendations; persons sentenced to imprisonment and involved in labor; persons involved in in the prescribed manner to perform socially useful work; members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities. In relation to all the persons listed above, the employer is obliged to ensure safe conditions and labor protection.

Death at work criminal liability

The commission must draw conclusions based on the testimony of witnesses: what injury was received and as a result of what. If safety precautions are violated, then there is little chance of receiving compensation. http://www.zakon-dlya-vseh.ru/1955 You can contact this case with an official statement about the investigation of this case via the Internet in prosecutor's office, to the employer, to labor inspectorate. Describe in detail how everything happened, who is the witness. In short, all the details and demand that this situation be investigated within the framework of the law. Be sure to save copies. You yourself know what kind of century we live in. Without a piece of paper, as they say, you... And so everything will move forward if something is hushed up somewhere. By official document they will have to take action.

The Labor Code provides for several articles regulating the actions of the employer in such situations. In general, they are similar to those that the employer commits in the event of an accident with serious consequences.

The employer must be guided in his actions the following articles TK:

1. 227. It establishes cases in which an investigation is required.
228.

This article sets out specific responsibilities of the employer in case of accidents.

2. 228.1 It establishes the procedure for notifying government agencies.
3. 229. This norm establishes the rules for the formation of commissions investigating accidents.
4. 229.1.

   This article sets out the time limits within which the investigation must be carried out.

5. 229.2. This norm establishes the procedure for conducting an investigation.
6. 229.3.

Death at work is the criminal liability of the head of the organization

However, in violation of the requirements, he did not take measures to ground the electrical equipment. As a result of a violation of safety rules, employee A. was fatally injured by electric shock<8. <8

See: Archive of the Arkadak District Court of the Saratov Region for 2001. From the circumstances of the case, it was established that P. understood perfectly well: while the mechanism is not moving, the danger of causing harm to workers is small.

But when it moves, workers can touch an ungrounded wire, which will inevitably lead to death. At the same time, he hoped to prevent negative consequences, because relied on the experience of employees who had repeatedly performed various production operations in similar conditions. Consequently, in this situation the calculation was presumptuous, without sufficient grounds.

Death at work - criminal liability of the manager

In case of intentional harm to health as a result of violation of these rules, qualification occurs under Art. 105 (Murder), Art. 111 (Intentional infliction of grievous bodily harm) of the Criminal Code. Plenum of the Supreme Court<9 указал, что ответственность по ст. 143 УК могут нести лица, на которых в силу их служебного положения или по специальному распоряжению непосредственно возложена обязанность обеспечивать соблюдение правил и норм охраны труда на определенном участке работ, а также руководители предприятий и организаций, их заместители, главные инженеры, главные специалисты предприятий, если они не приняли мер к устранению заведомо известного им нарушения правил охраны труда либо дали указания, противоречащие этим правилам. Или, взяв на себя непосредственное руководство отдельными видами работ, не обеспечили соблюдение тех же правил.

What to do in the event of a fatal accident at work? Who and how to report what happened? Is it necessary to create an investigation commission and within what time frame? We offer you an algorithm of actions.

Read our article:

Fatal accident at work: employer's liability

Situations where an employee dies as a result of an incident at an enterprise are, unfortunately, not uncommon. The death of an employee while performing his duties may result in criminal penalties for the employer. Therefore, it is so important to understand all the circumstances of the incident, find out the reasons, correctly record and draw the necessary conclusions for the future.

According to statistics, the cause of death of workers at work is most often a violation of labor protection requirements. Even if the victim himself violated safety standards, the employer can still be punished. After all, it is he who is legally responsible for labor protection at the enterprise and is obliged to control the behavior of workers.

When investigating, you must rely on the following regulatory documents:

1. Labor Code of the Russian Federation

• Article 227. Which industrial accidents are subject to investigation and recording.
• Article 228. Specific responsibilities of the employer in the event of an accident.
• Article 228.1. The procedure for notifying government agencies about the incident.
• Article 229. Procedure for forming a commission.
• Article 229.1. Time frame for clarification of circumstances.
• Article 229.2. Procedure for conducting an investigation.
• Article 229.3. When an investigation is conducted by a state labor inspector.
• Article 230. Procedure for preparing materials.

Deadline for investigating a fatal accident

An employer must investigate a fatal work accident within 15 days. In practice, these periods can increase significantly. For example, members of the commission, for a detailed and comprehensive clarification of all the circumstances, can request the necessary data or conduct additional examinations (Article 229.1 of the Labor Code of the Russian Federation). The main thing is to attach a reasoned decision on extension to the case materials.

Fatal accident investigation: algorithm

We offer you an action algorithm consisting of 14 steps.

Step 1

Take immediate measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons.

Step 2

Until the investigation begins, keep the situation at the workplace and the condition of the equipment as they were at the time of the accident, unless this threatens the life and health of other persons and does not lead to a disaster, accident or other emergency circumstances. To do this, you should fence off the area, not allow other employees to change anything or remove details of the situation at the scene of the incident until members of the commission have thoroughly examined it.

Remember that any, even the most insignificant, detail can later become evidence of the guilt or innocence of officials and the head of the enterprise in the tragedy that occurred. If it is impossible to save, record the current situation (make diagrams, take photographs or video, and other activities).

Step 3

Notify the relatives of the deceased about the incident (Article 228 of the Labor Code of the Russian Federation). Send a written request to a medical organization to obtain a medical report on the cause of death, as well as whether the deceased was under the influence of alcohol, drugs or other toxic substances.

Step 4

Step 10

Draw up, sign and approve the act in form N-1:

• one copy (original) - to be given to persons who were dependent on the deceased, or to persons who were closely related to him or her (their legal representative or other authorized person), at their request;
• the second copy (original) - is stored by the employer, who, by decision of the commission, records the accident, for 45 years;
• the third copy (original) - with copies of the investigation materials is sent to the executive body of the insurer at the place of registration of the policyholder.

Step 11

Register an accident in .

Step 12

Send documents:

1) act on the investigation of a fatal industrial accident:

• one copy (original) with copies of materials, including a copy of the act in form N-1 – to the prosecutor’s office;
• the second copy (original) with materials is stored by the employer on whose territory the incident occurred.

2) copies of the investigation report along with copies of the case materials:

• to the relevant state labor inspectorate;
• to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity;
• to the executive body of the insurer at the place of registration of the policyholder.

3) copies of the act on the investigation of a fatal industrial accident along with copies of the act in form N-1:

• to the Federal Service for Labor and Employment;
• into a territorial association of trade union organizations.

4) a copy of the act in form N-1 and copies of materials - at the place of main work of the deceased, if the accident occurred with an employee sent by another employer on a business trip.

Step 13

Develop measures aimed at preventing such accidents at work.

Step 14

Send a report to the relevant state labor inspectorate about the consequences and measures taken to prevent similar incidents in the future.

Occupational safety plays a very important role in production. Even if all instructions are strictly followed, an accident may occur. occur very often. As a rule, the manager is responsible for the occurrence of such cases. This can be either a sudden deterioration in the employee’s health or an injury resulting in death. The leader must properly organize the investigation commission. How registration occurs and who is responsible for fatal accidents at work - we will consider further.

Accidents

Let's consider what cases are called accidents at work. These are events in which production workers took part and received various injuries, injuries, possibly from third parties. This may include:

• Overheat.
• Trauma to the body as a result of a strong decrease or increase in temperature.
• Drowning.
• Electric shock.
• Injuries from destruction of structures and buildings.
• Natural disasters.

Here are just some of the accidents that must be investigated and recorded, especially if they resulted in the death of an employee. The manager of the enterprise must be notified of all accidents.

Fatal accident at work

Unfortunately, workplace deaths also occur. Although much attention is paid to safety and labor protection rules. The reasons may be different:

• Failure to comply with safety regulations.
• Disruption of the production process.
• Non-compliance with working conditions.
• Sudden deterioration in health.
• Faulty equipment.

In any case, a commission must be appointed. How should a manager act if a fatal accident occurs at work?

Manager's procedure

There is a special provision that sets out the procedure for how to conduct an investigation if a fatal accident occurs at work.

The manager is obliged:

1. Save and record the situation of what happened.
2. Notify government agencies.
3. Notify relatives.
4. Obtain a conclusion from a medical institution.
5. Organize a commission to conduct an investigation.
6. Complete documentation correctly and within established deadlines.
7. Monitor the payment of compensation to relatives and wages of the deceased.

All these actions are established by the norms of Art. 227 Labor Code of the Russian Federation.

First actions

First of all, the manager needs to know what to do if a fatal accident occurs at work. Firstly, for an objective investigation it is necessary to preserve the situation that existed during the tragedy. There are a number of steps to do this:

• Fence the area.
• Employees and anyone else are not allowed to touch or move objects at the scene of the incident.
• Photo or video recording is allowed.

The materials must be submitted to the commission. Preserving all the details of the situation in the future can justify or prove the guilt of certain persons.

Who needs to be notified

There are a number of authorities that need to be notified of what happened. These include:

• State Labor Inspectorate.
• Municipal administration.
• Prosecutor's office.
• Regional trade union association.
• Rospotrebnadzor, if the cause was poisoning.
• Rostechnadzor, if the incident occurred at a hazardous facility.

If an accident occurs at work, the manager is obliged to notify all the above authorities. It is important to submit notification of a work-related fatality within the state-mandated time frame. Form 1 is filled out directly by the head of the enterprise. The date and time of transmission of the notice is recorded at the bottom of the document and the data of the person who accepted it.

The management of the enterprise notifies the relatives of the deceased. Also, relatives can be present at the meeting of the investigation commission, but do not have the right to be part of it.

The head of the enterprise must have a medical report on the cause of death of the employee for the investigation. It should also indicate the condition of the deceased before the incident occurred. He may have been drunk or unwell. This may also affect the progress and results of the investigation.

Commission and investigation

The investigation should be conducted by a commission. It should be created and organized by the production manager with employees of government agencies. Instead of the manager, there may be his representative. After the formation of the commission, which includes representatives of government agencies, an order is issued on its composition. A representative of Rostechnadzor or a labor inspector is appointed as the chairman. It is prohibited by law to allow participation in the commission by a labor protection specialist or the head of the department or area where the accident occurred.

An investigation into a fatal work accident must be conducted for 15 days. The period may be increased or shortened.

The commission establishes:

• Under what circumstances did the accident occur?
• What are the reasons for what happened?
• Was the deceased at the time of the event engaged in the production process or performing official duties?
• It is established whether the incident is related to production or is not production.
• Identifies persons who have violated labor safety standards. If the case is industrial.
• Establishes measures that must be taken to ensure that workplace accidents do not occur in the future.

At the end, the commission draws up an investigation report.

What documents are to be filled out?

Death at work requires filling out a number of documents:

• The medical examiner issues an official report on the employee's cause of death.
• Medical certificate examination, a copy thereof.
• A protocol for the inspection of the tragedy site is filled out. Photos and video materials are attached, if available.
• Protocol for interviewing witnesses to the event.
• Confirmation that the deceased received safety and labor protection training, as well as copies of documents.

Acts on Form N-1 and Form 4 are completed. The originals are transferred within three days after the investigation is completed to the following authorities:

• Trade union.
• To the manager.
• To the prosecutor's office.
• Administration representative.

The report in form N-1 is handed over to the relatives of the deceased. The manager records deaths at work in a special logbook.

Manager's responsibility

The Labor Code of the Russian Federation contains the 10th section, which determines the conditions of labor protection. Art. 227 of the Labor Code of the Russian Federation establishes the following standards:

• How to investigate and record accidents that have occurred at enterprises.
• A list of incidents and possible injuries that must be investigated.
• Methods and procedures for the commission to conduct an investigation.
• Time frame for the investigation.
• Procedure for completing documentation.
• The actions of the leader and his responsibility.
• Notification of necessary authorities.

In the event of an employee being injured at work, the head of an enterprise bears criminal liability if:

• Failure to comply with labor safety standards resulted in serious injuries.
• Occupational safety requirements were violated, which led to the death of one or more employees.

If a fatal accident occurs at work, the criminal director does not bear responsibility if:

• The employee was injured during non-working hours.
• Injuries were sustained at work, but not related to the performance of official duties.
• The incident occurred because of a worker. This must be proven by the established commission.

Criminal liability is regulated by norms. If a death occurs at work, the manager may be held liable in the form of imprisonment for up to 5 years, or forced labor may be assigned. Also, in addition to the selected preventive measure, they are deprived of the right to hold a certain position for a specified period.

Accident degree

An investigation commission is created to determine, based on all the data, how to classify the accident.

• Fatal accident at work.
• The death was not related to the production process.

In the first case, the commission determines the percentage of guilt of the deceased. This may be a deviation from safety standards, carelessness or a violation of the production process. Depending on the degree to which the deceased is to blame, the amount of payments is established. The local trade union is also involved in this process. The degree of guilt of the employer in the incident is considered.

Final conclusion

After determining the degree of guilt of the deceased, the commission also makes a number of proposals that are recommended for implementation by the head of the enterprise. They concern preventive measures for violation of safety standards.

The regulations of state supervisory authorities in the production sector are also considered. How they were carried out by management in order to fully determine the degree of guilt of the manager.

What payments are assigned?

After the investigation has been carried out and conclusions have been made, a decision is made on the necessary payments to the relatives of the deceased.

The law defines the following:

• Material compensation. In production, as a rule, the employee is insured against accidents, injuries, and death.
• Funeral costs. This includes funeral services and morgue. All expenses must be supported by receipts for payment.
• Medical care for relatives is paid in case of their illness, which worsens due to the events. Confirmed by a medical report indicating the cause of the disease.
• The balance of unpaid wages at the time of death.
• The payment of moral compensation to relatives is determined by the commission following the meeting.

Monthly insurance payments may also be prescribed.

Insurance payments

If the employee was insured, relatives have the right to receive lump sum payments within 2 days after submitting all the necessary documents for accrual.

The following are entitled to receive monthly payments:

• Minor children before reaching adulthood.
• Students from 8 to 23 years old, subject to full-time study.
• Disabled people. They are paid throughout the entire period of incapacity.
• Women 55 years old and men 60 years old receive insurance payments for life.
• Unemployed spouses, father or mother, other relatives who care for children, brothers or sisters, grandchildren of the deceased, who were supported by the deceased until the age of 14, until any changes in their health status.

The amount of monthly payments is set taking into account the average monthly earnings of the deceased. The accrued amount cannot be recalculated. This is only possible if the number of persons who are entitled to receive it changes. Also, recalculation will be made in the event of indexation of monthly benefits in accordance with federal law.

It is worth noting that the last earnings of an employee who died at work are not subject to personal income tax, as well as payments that are transferred to relatives.

In the process of ensuring the safety of the work process, the state develops special labor safety standards and regulations in order to avoid the occurrence of an accident at work, especially fatal ones. Despite this, emergencies may occur in production, including those in which people die.

In this case, the employer must carry out all actions prescribed by law as soon as possible, since otherwise this may threaten him with imprisonment. Therefore, the main task of the employer is to determine the circumstances of the accident and its causes. In this case, all actions and discovered facts must be documented.

The actions of the enterprise management in the event of the death of an employee at the enterprise are similar to those that, according to Art. 228 of the Labor Code of the Russian Federation, should be undertaken in the event of an accident without serious consequences. The first is providing first aid to victims, calling doctors and ensuring the safety of other employees. After this, you should notify the authorized bodies about the accident in the manner prescribed by Article 228.1 of the Labor Code of the Russian Federation, and organize a commission to investigate the emergency. The procedure and rules for forming this group are enshrined in Article 229 of the Labor Code of the Russian Federation.

The procedure for conducting the investigation and the deadline for its completion are specified in Articles 229.1 and 229.2 of the Labor Code of the Russian Federation. According to these standards, the employer is responsible for all costs associated with collecting evidence and necessary materials, transport and provision of special clothing, personal protective equipment and premises for the commission.

The approved document forms used during the investigation of an accident, including a fatal accident, are established by Resolution of the Ministry of Labor of the Russian Federation No. 73 of October 24, 2002.

Responsibilities of the head of the enterprise

According to Article 228 of the Labor Code of the Russian Federation, in the event of an accident, the employer has the following responsibilities:

• Without delay, provide first aid to the victims and call an ambulance to deliver them to a medical facility;
• Prevent the development of emergencies and traumatic factors (de-energize damaged equipment, if necessary, turn off water, gas, electricity), fence off the accident site to protect other workers of the enterprise;
• Isolate the scene of the accident and preserve the situation as it was at the time of the accident, unless this threatens the health of other persons and does not lead to the spread of damage and the occurrence of new accidents. If it is impossible to preserve the emergency site in its original form, authorized persons should record the situation: draw diagrams and a plan of the incident site, if necessary, take a photo or video recording, etc.
• Immediately report the emergency to government agencies in the manner prescribed by law. If an accident leads to the death of employees of the enterprise or causes serious injuries, then the management of the organization must notify the relatives of the victims as soon as possible.
• Take the necessary actions to ensure a timely and complete investigation of the accident, properly prepare the materials and fill out the N-1 report.

These actions are the primary measures that the employer must take. Failure to comply with these measures is classified as a violation of labor legislation and entails administrative punishment.

On the other hand, employees, in accordance with Article 214 of the Labor Code of the Russian Federation, are obliged to immediately inform the management of the enterprise about situations that threaten the health and life of employees, as well as about industrial accidents. Failure to fulfill these obligations entails disciplinary measures in accordance with current legislation.

The registration of an accident report in case of death of employees is carried out within 15 days. This document must be drawn up in three copies, one of which remains with the employer, the second is sent to the labor inspectorate, and the last is given to the injured employee or, in the event of his death, to the spouse. In this case, he or she has the right to receive:

1. Funeral benefits from the Social Insurance Fund;
2. One-time payment from the Social Insurance Fund;
3. Compensation for moral damage from the employer. The amount of payment in this case depends on the degree of guilt of the enterprise, which is determined in court. Often the amount of compensation ranges from 50 to 300 thousand rubles.

Also, in the event of an accident that results in the death of workers, the head of the enterprise must send an official report to the relevant government agency about conducting a forensic medical examination. In its process the following must be installed:

• Cause of death of the worker;
• The nature of the injuries he received;
• The presence of alcohol, drugs or other types of intoxication.

This information is used to determine the degree of guilt of the victim and the employer in the accident. It must be taken into account that the disclosure of information that is a medical secret is allowed only with the consent of the citizen or his legal representatives. The only exceptions are situations when, during the investigation, circumstances were identified that suggest that harm to the health of workers was caused as a result of illegal actions.

Procedure for investigating a fatal industrial accident

An accident at work, especially in the case of the death of one or more employees, requires compliance with the procedure established by law. The investigation algorithm includes 14 stages that the employer is obliged to carry out. Actions by the management of the organization where the emergency occurred must be carried out in the following order:

Immediately take measures to isolate the dangerous area and prevent the accident from developing and expanding the affected area. This step is necessary to ensure the safety of other employees and prevent further victims.

Provide first aid to the injured, call an ambulance to transport the injured and the bodies of the dead.

Ensure the safety of the scene of the incident, and if this is not possible due to a threat to the life and health of employees, take the necessary actions to record the situation of the accident.

Send an official written request to the medical center. the organization to which the victims were taken. In this case, the employer must obtain a conclusion on the severity of the injuries of the wounded and the causes of death of the deceased.

Issue an order to organize a special group to investigate an emergency that resulted in the death of employees. In this case, unlike an accident without serious consequences, representatives of government agencies should be included in the commission. Thus, the emergency investigation team will consist of:

• An employee authorized by the employer to represent his interests;
• Employee of the company's labor protection department;
• Representative of a trade union organization, if one operates at the enterprise;
• Specialist from the labor inspectorate;
• Insurance company employee;
• Representative of the trade union association in a given territorial unit;
• By agreement, an employee of the executive authority of a constituent entity of the Russian Federation or the compulsory medical insurance may be involved in the investigation;
• If employees of another company were injured in an accident, a representative of that employer should be involved in the investigation.

In this case, the head of this commission will be the state labor inspector.

Within 24 hours from the moment of the incident, the employer is obliged to transmit information about the accident:

1. In the state labor inspectorate;
2. To the prosecutor's office operating in the area where the accident occurred;
3. To the executive authority of the constituent entity of the Russian Federation or compulsory medical insurance where the enterprise or individual entrepreneur is registered;
4. To another employer if its employees were injured during an emergency;
5. To the government agency that supervises activities in a specific area, if an emergency occurred at an enterprise under its control;
6. An insurer engaged in compulsory social insurance against occupational diseases and accidents at work, operating in a place where the employer was registered as an insurer.
7. An association of trade unions operating in a given territorial unit.

Interview witnesses and record their testimony. Collect explanations from persons who violated safety regulations.

Collect the necessary evidence and materials to determine the circumstances of the accident, its causes and those responsible. Prepare documents in accordance with the requirements established by law.

Qualify the accident. Determine the degree of guilt of the employer and injured (dead) employees.

Draw up and sign the act in form No. N-1 in three copies. Approve it and send it to the insurer, the injured person or his dependents of the deceased employee. The last copy remains with the employer and must be kept by him along with all case materials for 45 years.

Record the accident in the appropriate log book.

Send copies of the acts and investigation materials to the state. the labor inspectorate, the insurer and the body supervising activities in a certain area, if the incident occurred at an enterprise under its control.

Develop measures to prevent emergency situations at the enterprise in the future.

Transfer to the state labor inspectorate information about the consequences of a fatal industrial accident, as well as a list of measures taken to prevent emergency situations in the future.

If an accident occurs at work, the employer’s actions in 2019 are as follows.

Step 1. First aid to the victim

In the event of an accident, it is first necessary, before rushing to help the victim, to make sure that there is no danger to other workers. If there is no danger, we immediately provide assistance, but if there is even the slightest threat, we first eliminate the possible danger to the rescuers and only then approach the victim.

For example.

While cleaning the tank from toxic materials, a worker's mask ruptured and he died within a few seconds. The second worker, realizing that contact with his partner had been lost, looked into the tank without respiratory protection and also died. The incident occurred in St. Petersburg in 2013.

Step 2. Call an ambulance and notify government agencies

After the employee has been given first aid and an ambulance has been called (or taken to the hospital themselves, if the victim’s condition allows), the employer is obliged to take certain actions in the event of an accident at work. You should start by sending a notification to the relevant organizations within a certain time ().

Type of NS	Who needs to be notified	Deadlines
Any NS (group, light, heavy, etc.)	Social Insurance Fund at the place of registration of the employer.	Within 24 hours.
Group, including severe or fatal	Prosecutor's office on a territorial basis. Local authorities at the place of registration of the employer. Employer (if the accident happened to a business traveler). Supervisory body (if the incident occurred at a facility controlled by this body, for example, Rostekhnadzor at a PS with a crane over 10 tons).	Within 24 hours.
NS, which over time became severe or fatal	GIT on a territorial basis. Territorial association of trade unions. Controlling authority (if the incident occurred at a facility controlled by this authority). Social Insurance Fund at the place of registration of the employer.	Within three days from the date of receipt of information.

Notifications to the FSS are submitted in the form approved by Order of the FSS of the Russian Federation dated August 24, 2000 No. 157.

Notifications to other organizations are filled out using the form approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

Please also note that the employer is obliged to transport the victim to a medical facility or home at his own expense (). Moreover, if the victim feels fine, this does not mean that everything is fine with him. The actions of an employee in the event of an accident at work must be subject to the requirements of regulatory documents, and not to his desires or subjective assessment of the harm received.

For example.

Signs of parenchymal bleeding are not always obvious and cannot always be diagnosed immediately, as a result of which the victim bleeds into himself: slight drowsiness begins, dizziness, then the pressure drops, the pulse quickens, breathing quickens, the skin turns pale, cold sticky sweat appears, the limbs become cold , apathy, adynamia, lethargy, pathological drowsiness, tremor, confusion, coma and death occur. The process may only take a couple of hours, no need to take risks.

Step 3. Keep the scene of the incident unchanged

The emergency site must be fenced off and no one should be allowed there. Everything must be left as is, it is better to take photographs - these materials will form the basis of the investigation. If you are left in charge of preserving the scene of the accident, there is no need to wonder what to do in the event of an accident at work. This is decided by the employer; your task is to preserve the place of emergency as it is. There is no need to multiply violations, especially if they really happened.

Step 4. Selecting a commission

The law obliges the employer, upon the occurrence of an incident, to immediately assemble a commission to investigate its circumstances ( Art. 229 Labor Code of the Russian Federation). The procedure for investigating industrial accidents (2019) is regulated by a whole group of regulatory documents, but more on that below. Now we will determine the composition of the commission, which is approved by the employer by issuing an order. The commission will include:

• representative from the employer;
• employee responsible for labor safety;
• trade union representative.

The commission may include other persons, but these are mandatory.

If the employer is an individual, then the commission includes:

• the employer himself;
• representative of the injured employee;
• independent expert in the field of labor protection.

If an emergency is being investigated in which 2 or more workers were injured, or the incident was fatal, then the commission must include:

• state labor safety inspector presiding over it;
• government representative at the required level;
• representative of the territorial trade union body;
• a proxy of the deceased (if the death of the victim was recorded).

A complete list of cases in which certain government representatives at different levels should be included is indicated in Art. 229 Labor Code of the Russian Federation.

Step 5: Investigation

The investigation of industrial accidents in 2019 is regulated by Decree of the Ministry of Labor and Social Development of Russia dated October 24, 2002 No. 73 and Order of Rostrud dated March 21, 2019 No. 77.

The deadlines are as follows:

• mild cases that become known immediately are investigated within 3 days;
• severe and fatal - within 15 days with a possible extension by the chairman of the accident investigation commission of the investigation period for another 15 days;
• a case about which the employer was not notified in a timely manner or as a result of which the employee’s disability did not occur immediately, is investigated in accordance with the general procedure upon the application of the victim or his authorized representative within one month from the date of receipt of such an application.

The commission is obliged:

interview witnesses to the case, the head of the organization, the injured person (if he is able to testify), draw up a protocol in Form 6, approved. Resolution of the Ministry of Labor No. 73 of October 24, 2002;

inspect the scene of the incident, draw up a protocol in Form 7, approved. Ministry of Labor and Social Development of the Russian Federation in the Resolution dated October 24, 2002;

• establish the circumstances of the accident;
• find out the causes and factors of this situation;
• determine whether the case can be called production;
• identify the persons who allowed such an incident to occur;
• draw a conclusion about what measures should be taken to prevent similar cases in the future;
• determine whether the victim is at fault;
• draw up a report on an industrial accident (form N-1), endorsed by the full composition of the commission and the head of the organization.

The employer must assist in the investigation:

• provide the commission with an office to conduct an investigation of the case;
• provide vehicles for travel;
• provide commission members with the opportunity to use various types of communication;
• take photographs and, if possible, videotape the scene of the incident;
• involve experts in the investigation;
• carry out the necessary laboratory tests.

The employer must also obtain a doctor’s opinion from a medical institution on the severity of the accident. It is determined in accordance with Order of the Ministry of Health and Social Development No. 160 of February 24, 2005.

The investigation of a group serious accident, a tragic event that resulted in the death of an employee, and also where the employer is an individual, takes place with some peculiarities. The procedure for action in the event of an industrial accident in this case is specified in the Regulations on the Peculiarities of Investigation of Industrial Accidents in Certain Industries and Organizations, approved. 73 Resolution of the Ministry of Labor of the Russian Federation dated October 24, 2002. These should be taken into account when conducting an investigation.

GIT inspectors, in parallel with studying the situation as a result of which the accident occurred, will analyze all documentation related to the occupational safety management system at the enterprise. They are especially interested in the management of occupational risks and the measures taken to reduce them, as well as the level of awareness of workers about safety measures. The inspection of the entire occupational safety management system is provided for by the Methodological Recommendations for verifying the creation and operation of the occupational safety and health management system (OSMS) (Order of Rostrud dated March 21, 2019 No. 77).

Step 6: Once the investigation is complete

One copy of the act with copies of all materials is transferred to the Social Insurance Fund.

The second copy of the act is issued to the employee or his representative no later than three working days.

The third remains in the organization and is kept there for 45 years.

Step 7. Report

Each company must keep a logbook for registering accidents at work. It contains information about all accidents that occurred at work. Once completed, this log should be kept by the organization for 45 years.

Report on form 7-injuries

Once a year, organizations are required to submit information on workplace injuries and occupational diseases to their Rosstat department (TOGS). For these purposes, form 7-injury was approved (Appendix No. 2 to Rosstat Order No. 216 dated June 19, 2013). A new procedure for investigating accidents did not appear in 2019, but for reports in 2019 it is necessary to use the new form, which was approved by Rosstat Order No. 493 dated August 10, 2018 “On approval of statistical tools for organizing federal statistical monitoring in the field of health care and industrial injuries and population migration."

It is handed over once every three years no later than January 25 by all legal entities and enterprises (except micro) of all forms of ownership, carrying out all types of economic activities, except:

• financial and insurance activities;
• public administration and military security, social security, education;
• activities of households as employers, undifferentiated activities of private households in the production of goods;
• activities of extraterritorial organizations subordinate to the territorial body of Rosstat in a constituent entity of the Russian Federation.

What injuries are subject to investigation?

Every employer is required to conduct an investigation into an accident that occurs in its organization. At the same time, he is obliged to follow exactly the procedure for dealing with accidents and injuries that we described above.

An investigation is conducted into each injury that occurred during working hours or on the employer’s premises, including the following:

• fights, animal and even insect bites;
• electric shock, including lightning;
• drowning, frostbite, overheating (heatstroke or sunstroke) or burns (sunburn does not count);
• other injuries and harm to the body.

For an injury to be considered a work-related injury, the injury must occur under certain circumstances. For example:

• while working directly on the territory of the organization. It does not matter whether the injury occurred during a lunch break or while working overtime;
• the injury was sustained on the way to work or back in a company car;
• during a business trip;
• in the process of performing work on a rotational basis, etc.

Each fact of an industrial incident must be confirmed and investigated. The fact that such a case occurred is confirmed by the materials of the relevant investigation.

Cheat sheet on the standard

Name	Description in essence
Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73 (registered with the Ministry of Justice of Russia on December 5, 2002 No. 3999)	Approves the basic forms of documents that will be needed during accident investigations.
Decree of the Government of the Russian Federation of December 15, 2000 No. 967	Establishes the procedure for establishing the presence of an occupational disease, its recording, as well as the procedure for investigating the occurrence of such a disease.
GOST 12.0.004-2015. Interstate standard. System of occupational safety standards. Organization of occupational safety training. General provisions together with occupational safety training programs (put into effect by Order of Rosstandart dated 06/09/2016 No. 600-st)	Contains occupational safety log forms, they are looked at first when an accident occurs.
Order of the Ministry of Health and Social Development of the Russian Federation dated April 15, 2005 No. 275 (registered with the Ministry of Justice of the Russian Federation on May 20, 2005 No. 6609)	Approves a medical report on the nature of injuries received in an accident
Order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 No. 160 (registered with the Ministry of Justice of the Russian Federation on April 7, 2005 No. 6478)	On determining the severity of health damage in industrial accidents
Federal Law of July 24, 1998 No. 125-FZ	Fundamental document on compulsory social insurance
Order of the Ministry of Health and Social Development of Russia dated May 2, 2012 No. 441n (registered with the Ministry of Justice of Russia on May 29, 2012 No. 24366)	The procedure for issuing certificates and medical reports, including in connection with NS, is regulated by this document
Decree of the Government of the Russian Federation of June 30, 2004 No. 324	If there are disagreements based on the results of the investigation, the State Tax Inspectorate will consider the complaint within the competence approved by this document
	Establishes how to prepare accident investigation materials
	Determines the procedure for registering and maintaining records of accidents
	How to handle disagreements following an investigation
	Additionally, it establishes the procedure for investigating an accident involving employees temporarily assigned to another employer, whose employment contract was concluded with another organization.

Payment of compensation

Also, immediate compensation is due for damages in connection with the loss and inability to continue working activities, namely: wages, medical expenses, all kinds of rehabilitation (). In this regard, an industrial accident imposes certain obligations on the employer’s administration, including compensation for moral damage, since the consequences for the victim can be disastrous.