The procedure for investigating and recording non-production accidents. Non-occupational injury is a complex case - easy to understand Regulations on the investigation of non-occupational accidents
3.In accordance with this Procedure, accidents that occurred during:
1) going to or from work on foot, in a public, private or other vehicle that does not belong to an enterprise, institution or organization (Further- organizations) and is not used for the benefit of this organization;
2) transportation by air, rail, sea, inland waterway, by car, in electric transport, metro, cable cars, funiculars and other types of vehicles;
3) fulfillment of civil duties (saving people, protecting property, law and order, etc., if this is not part of official duties);
4) performing donor functions;
5)participation in civil actions (rallies, demonstrations, propaganda activities, etc.);
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6)participation in cultural events, sports competitions;
7) holding cultural, sports and recreational events not related to the educational process in educational institutions;
8) use of gas in everyday life;
9)commitment illegal actions against a person, his property;
10) use of or contact with weapons, ammunition and explosives;
11) performing household work, using household appliances;
12)natural disaster;
13) being in in public places, at trade and consumer service facilities, in medical and health, cultural, educational, sports and entertainment establishments, and in other organizations.
4. The fact of damage to health as a result of an accident is established and certified by a medical institution.
A document that confirms damage to a person’s health is a certificate of incapacity for work or a certificate from a medical institution.
5.Accidents are investigated regardless of whether the victim was under the influence of alcohol or drugs.
ACCIDENT NOTIFICATIONS.
b. Treatment and prevention institutions to which victims of accidents applied or were delivered send a written notification within 24 hours in the prescribed form (Appendix 1):
About the accident with fatal, as well as in a group accident that occurred simultaneously with two or more people - to the district state administration (executive body of the stateclan, district local council);
About a fatal accident involving bodily harm by another person, as well as an accident that occurred as a result of contact with weapons, ammunition and explosive materials or during a traffic accident - in internal organs business
Notifications of fatal accidents are also sent to the prosecutor's office.
Treatment and prevention institutions to which the victims were treated or delivered keep a record of accidents in a separate journal according to the established form (Appendix 2).
ACCIDENT INVESTIGATION.
7. Investigation of accidents is carried out to determine their circumstances and causes. Based on the results of the investigation, measures are being developed to prevent such cases, as well as to resolve issues of social protection for victims.
During the investigation, a certificate of incapacity for work or a certificate from a medical institution, as well as the victim’s explanations and eyewitness accounts are taken into account.
8. Investigation of fatal accidents, group accidents, in the event of the death of at least one of the victims, accidents involving bodily injury by another person, as well as accidents that occurred due to contact with weapons, ammunition and explosives, carried out by internal affairs bodies or the prosecutor's office.
9. The district state administration (the executive body of the city, district local council) within 24 hours from the time of receipt of notification of an accident from the medical institution (except for fatal accidents), makes a decision to create a commission to investigate the accident.
Representatives of the organization where the victims work or study, as well as representatives of health protection, education, consumer protection authorities, and experts from the insurance company (if the victim was insured) may be involved in the work of the accident investigation commission.
Representatives of the relevant trade union body or authorized representatives of the labor collective are involved in the investigation of accidents that occurred while driving to or from work, if the victim is not a member of the trade union.
10. In the event of an appeal from the victim or a person who represents his interests (if there was no notification from the medical institution about the accident), the district state administration (the executive body of the city, district local council) makes a decision on the need to conduct an investigation and determine the organization , which is to conduct the investigation, sends a copy of the decision to its manager.
The leaders of the organization throughout the day, from the time they received
When making a decision to authorize it to conduct an investigation, appoint a commission consisting of at least three people.
11. Accidents (except for group accidents) that occur with workers are investigated by a commission created by the organization where the victim works, consisting of a chairman - an official appointed by the head of the organization, and members of the commission - the head of the relevant structural unit, a representative of the trade union organization , of which the victim is a member, or an authorized labor collective, if the victim is not a member of a trade union.
The decision to investigate an accident is made by the head of the organization based on the victim’s request, a certificate of incapacity for work, or a certificate from a medical institution.
If the organization refuses to conduct an investigation of the accident, the victim or the person who represents his interests may contact the district state administration (the executive body of the city, district local council), which decides on the conduct of this investigation.
P. The investigation of the accident is carried out within 10 calendar days after the creation of the commission. If necessary, this period may be extended by the head of the body (organization) that conducted the investigation.
Based on the results of the investigation of the accident, an act is drawn up in the form of NT (non-occupational injuries), in accordance with Appendix 3, which is approved by the head of the body (organization) that conducted the investigation.
The required number of copies of the act is determined in each specific case.
The report in the NT form is sent to:
To the victim or a person representing his interests;
District state administration (executive body of the city, district local council);
Organizations where the victim works or studies;
The organization responsible for the safe condition of the territory or facility where the accident occurred.
A copy of the act is sent to internal affairs bodies, the prosecutor's office and other organizations upon their requests.
During the investigation of group accidents, a report in the NT form is drawn up for each victim separately.
To draw up an act in the NT form, classifiers of events that led to the accident (Appendix 4), causes are used
accident (Appendix 5), location of the event (Appendix 6).
Acts in the NT form, which are drawn up based on the results of the investigation of accidents involving workers, are stored in the organization along with the investigation materials for 45 years. Acts in the NT form and materials from the investigation of accidents involving non-working persons are stored for three years in the archives of the district state administration (executive bodies of the city, district local councils).
IZ. Registration of accidents, based on the results of the investigation, for which acts are drawn up in the NT form, is carried out by district state administrations (executive bodies of city, district local councils) and the organizations that conducted the investigation, in the journal in the prescribed form (Appendix 7).
14.0The organization responsible for the safe life of the population in the territory or facility where the accident occurred takes measures proposed by the commission that conducted the investigation to eliminate the causes of such cases. Upon implementation of the proposed measures, the head of the organization notifies the district state administration (the executive body of the city, district local council) in writing within the time limits specified in the act in the NT form.
ACCOUNTING AND ANALYSIS OF ACCIDENTS.
15.Recording of accidents and analysis of the causes of their occurrence are carried out by district state administrations (executive bodies of city, district local councils), on the basis of accident reports, in the prescribed form (Appendix 8), which are sent monthly by medical institutions.
District state administrations (executive bodies of city, district local councils) send a general report on accidents to the Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city state administrations quarterly before the 15th day of the month following the reporting period, as well as for the year - before January 31, the year following the reporting year.
The 1st Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol state administrations analyze the reports received, summarize them and submit them to the State Labor Supervision Authority, respectively, before the 25th of the month following the reporting quarter and before February 10, following the reporting year.
Annex 1
NOTIFICATION
about a non-production accident
Treatment and prevention institution where you applied
or the victim is delivered
Notification sent
(name of the district state administration or executive body of the city, district localcouncil, internal affairs body, prosecutor's office)
Last name, first name, patronymic of the victim
Date of Birth
Occupation
Victim's address
(Autonomous Republic of Crimea,
region, district, locality, street, house, apartment) Place where the accident occurred
Date and time of injury
(day, month, year, time) Date and time of application to the treatment and prophylactic
institution
(day, month, year, time)
Type of injury, in accordance with international
classification of diseases (ICH -10)
Event that led to the accident
Conclusion about the presence of alcohol or drug intoxication
(medical position (signature) (Surname and initials)
employee)
Appendix 2
to the Investigation Procedure
and accounting of accidents
MAGAZINEaccident registrationnon-productive nature
(name of treatment and prophylacticinstitutions)
Started " " 200 _
Finished " " 200g.
Subsequent pages.
|
Profession |
Address by |
Place, where |
||
|
(job title) |
suffering |
happened |
||
|
injured- |
or occupation |
unhappy |
||
|
th, year of birth. | ||||
|
Type of injury | |||||
|
acc. With | |||||
|
Led to |
international |
alcohol- |
|||
|
classification- | |||||
|
tion of diseases (IKH-Yu) |
narcotic intoxication |
||||
Appendix 3
to the Procedure for investigating and recording non-production accidents.
Form NT.= APPROVED =
(Position, Last name and initials)
(signature)
ACT№
about a non-production accident.
I.
(last name, first name, patronymic of the victim) 2.Date of birth [
(day month Year)
4.Occupation: working, non-working, preschool child, student, student
5.Date and time of the accident
6. Address of the victim:
Autonomous Republic of Crimea, region.
locality
Street, house, flat I I
7.Place where the accident occurred
8. Brief summary of the circumstances of the accident
9.Event that led to the accident
10. Cause of the accident [
11. Consequences of the accident I I
(fatal, non-fatal) 12. The victim is under the influence of alcohol or drugs,
sober |
13. Measures that need to be taken to eliminate injury:
14.Commission withdrawal
acts, and identification of perpetrators) 15.Name of the organization that conducted the investigation I I
Chairman of the Commission
Commission members
(position) (signature) (full name)
| " |
Investigation of non-production accidents
Obverse accounting No. 11 (477) dated March 15, 2010
The procedure for investigating and recording non-production accidents occurring on the territory of Ukraine with its citizens, foreigners and stateless persons is currently regulated by the Procedure for investigating and recording non-production accidents, approved by Resolution of the Cabinet of Ministers of Ukraine dated March 22, 2001 No. 270 (hereinafter referred to as - Order No. 270).
Non-production accidents according to clause 2 of this order are not related to the implementation labor responsibilities injuries (including those resulting from bodily harm caused by another person), poisoning, suicide, burns, frostbite, drowning, electric shock, lightning, as well as injuries resulting from natural disasters, contact with animals, etc., which led to damage to the health or death of the victims.
The investigation mechanism defined Order No. 270, applies to accidents that occurred during:
Traveling to or from work on foot, using public, own or other transport that does not belong to the enterprise and is not used in the interests of this enterprise;
Travel by air, rail, sea, inland waterway, road transport, electric transport, metro, cable car, funicular and other types of vehicles;
Executions public duties(saving people, protecting property, law and order, if this does not relate to official duties);
Performing donor functions;
Participation in public events (rallies, demonstrations, propaganda activities, etc.);
Participation in cultural events and sports competitions;
Carrying out cultural, sports and recreational activities not related to the educational process in educational institutions;
Domestic gas use;
Committing illegal actions against a person or his property;
Use of or contact with weapons, ammunition and explosive materials;
Performing household work, using household appliances;
Natural disaster;
Staying in public places, at trade and consumer service facilities, in medical and health, cultural, educational and sports and entertainment institutions, in other organizations, as well as in recreational areas;
Contact with animals or plants that resulted in harm to the health or death of the victims.
The fact of damage to health as a result of an accident is established and certified by a medical institution. A document confirming damage to a person’s health, is a certificate of incapacity for work or a certificate from a medical institution .
It should be noted that all non-production accidents are subject to investigation. regardless of whether the victim was able to mental disorder, alcohol or drug intoxication .
Procedure for notifying an accident
In accordance with clause 6 Order No. 270 Medical and preventive institutions to which victims of accidents were treated or were delivered are obliged, within 24 hours, to send a written notification in accordance with the established form of notification of a non-production accident:
To the organ local government- about each accident;
To the internal affairs body - about a fatal accident involving the infliction of bodily harm by another person, as well as about an accident that occurred as a result of contact with weapons, ammunition, explosive materials or during a traffic accident.
Fatal accidents must also be reported to the prosecutor's office.
Treatment and prevention institutions to which the victims were contacted or delivered keep a record of accidents in the register of non-occupational accidents.
Establishment of an accident investigation commission and its responsibilities
Investigation of accidents in order to determine their causes, as well as to prevent such cases, is carried out by various bodies depending on their circumstances and consequences. These may be internal affairs bodies, the prosecutor's office, state administration, as well as the commission of the enterprise where the victim worked (clause 8 Order No. 270).
When investigating an accident that occurred on the territory of the employer's enterprise, the explanations of not only the victim and witnesses, but, if necessary, the head of the enterprise are taken into account (clause 7 Order No. 270).
According to clause 11 Order No. 270 accidents (except for group ones) that occurred with workers, must be investigated by a commission formed at the enterprise where the victim works . The commission is created consisting of: the head of the commission - an official appointed by the head of the enterprise, and members of the commission - the head of the relevant structural unit, a representative of a trade union organization or an authorized labor collective, if the victim is not a member of a trade union.
The decision regarding the investigation of an accident is made by the head of the enterprise on the basis of an appeal from the victim (or a person representing his interests), a certificate of temporary incapacity for work or a certificate from a medical institution.
It should be noted that in accordance with the opinion of the Fund social insurance for temporary loss of ability to work, set out in letters dated January 20, 2006 No. 04-29-99 and dated January 9, 2009 No. 04-06/G-228z-3, the company is not obliged conduct an investigation into each non-production accident that occurs to its employee. Moreover, in the case of conducting an investigation and drawing up an act in the form of NT (non-occupational injuries), the social insurance commission takes into account the conclusion of the investigation when deciding on the issue of assigning or refusing to assign temporary disability benefits. If an investigation of the accident was not carried out, the commission has the right to find out the circumstances of the accident and make an appropriate decision regarding the payment of a temporary disability certificate. If you have any questions regarding your appointment the said allowance in connection with a domestic injury, at the request of the Fund officials conducting an inspection at the enterprise, the social insurance commission provides the minutes of the meeting regarding the adoption of the relevant decision or an act in the NT form if it was drawn up.
If the enterprise refuses to conduct an investigation of the accident, the victim or a person representing his interests may contact the local government body, which must resolve the issue regarding such an investigation (clause 11 Order No. 270).
The competence of the local government body in accordance with clause 9 Order No. 270 It also includes deciding on the formation of a commission (at least three persons) to investigate accidents reported by medical institutions. Such notice in accordance with clause 6 Order No. 270 Fatalities as well as group accidents must be reported.
The decision to form a commission to investigate these cases is made by the local government body within 24 hours from the moment the relevant information is received from the medical institution (clause 9 Order No. 270).
Representatives of the following may be involved in the work of the accident investigation commission:
District State Administration;
Social Insurance Fund for Temporary Disability;
Enterprises or organizations where the victims work (study);
The enterprise on whose territory or facility an accident occurred;
Health, education, consumer protection authorities;
Insurance company experts (if the victim was insured);
Trade union body or representatives of the workforce (if the accident occurred on the way to or from work).
It should also be noted that the local government body is obliged to respond in the event of direct appeal from the victim or a person representing his interests (if there was no notification from the medical institution about the accident). According to clause 10 Order No. 270 the specified body must decide on the need to conduct an investigation of this accident and determine the organization that will conduct the investigation, with the corresponding decision sent to its head. Head of the organization within 24 hours from the time of receipt of the decision on the need to conduct an investigation, he is obliged to appoint a commission consisting of at least three persons .
Investigation of accidents in order to determine their causes, as well as to prevent such cases, can be carried out by other bodies, depending on their circumstances and consequences. For example, fatal accidents, group accidents with the death of at least one of the victims, accidents involving the infliction of bodily harm by another person, as well as those resulting from contact with weapons, ammunition and explosive materials and as a result of road traffic accidents. transport accidents according to clause 8 Order No. 270 investigated by internal affairs bodies or the prosecutor's office . Technical investigation of the causes of accidents associated with the use of gas in everyday life is carried out in the manner determined by Gosgorpromnadzor, with the participation of expert and technical centers providing scientific and technical support state supervision in the field industrial safety and labor protection (clause 10 1 Order No. 270).
Documenting the results of the investigation
The period for investigating non-production accidents is 10 calendar days from the moment the commission was formed. If necessary, this period may be extended by the head of the body that ordered the investigation (clause 12 Order No. 270).
Based on the results of an accident investigation or a technical investigation into the causes of an accident related to the use of gas in the home, a report is drawn up in the NT form. The drawn up act must be approved by the head of the body (organization) that conducted the investigation. A member of the commission who does not agree with the conclusion contained in the act may express his separate opinion, which is attached to the act. The required number of copies of the act is determined in each individual case.
According to clause 12 Order No. 270 the act in the NT form must be sent to:
To the victim or a person representing his interests;
To the local government body on whose territory the accident occurred;
The enterprise or organization where the victim works (studies);
The enterprise responsible for the safe condition of the territory or facility where the accident occurred.
In addition, a copy of the act may be sent to internal affairs bodies, the prosecutor's office or other bodies upon their request.
It should also be noted that when investigating group accidents, a report in the NT form is drawn up for each victim separately.
To draw up the report, classifiers of incidents that led to a non-production accident, the causes of the accident and the location of the incident are used.
Acts drawn up based on the results of the investigation of accidents involving workers must be kept by the employer along with the investigation materials for 45 years . Acts and materials of investigation of accidents involving non-working persons are stored within 3 years in the archives of the local government.
Registration of accidents, based on the results of the investigation of which acts are drawn up in the NT form, is carried out by local government bodies, as well as by the organizations that conducted the investigation, in the Register of Non-Production Accidents.
It should also be noted that measures to eliminate the causes of the accident, proposed by the commission that conducted the investigation, must be carried out by the enterprise or body responsible for the life safety of the population in the specific territory or facility where this incident occurred. The head of such an enterprise or body is obliged to inform the local government body about the implementation of these measures in writing within the period specified in the act (clause 14 Order No. 270).
Accounting and analysis of non-production accidents
Accounting of accidents and analysis of the causes of their occurrence are carried out by local government bodies on the basis of reports on non-production accidents, which are sent monthly, before the 10th day of the month following the reporting month, by medical institutions.
Local authorities send a generalized report on accidents to the Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city state administrations quarterly until the 15th month following the reporting period, as well as for the year - until January 31 the year following the reporting year.
The regulation was developed instead of the previously existing one, approved by the resolution of the Cabinet of Ministers of Ukraine dated May 5, 1997. No. 421. Considering that by the time the writing was completed teaching aid new edition The regulations on the investigation and recording of non-production accidents were not approved by the Cabinet of Ministers of Ukraine; we will briefly describe its contents in the presented sequence and freely worded presentation. The latter is especially important because we do not exclude some editorial polishing of the wording, which, we hope, will not significantly change their meaning.
The regulation determines the procedure for investigating and maintaining records of non-production accidents that occurred with citizens of Ukraine, foreigners and stateless persons on the territory of Ukraine.
Departmental regulations on the investigation of non-production accidents are developed in accordance with this Regulation, agreed upon with the State Supervision Service for Labor Supervision, and approved in the prescribed manner.
The provision includes the following components: - general provisions;
The procedure for registering non-production accidents; - investigation of these accidents; - accounting and analysis of accidents; - procedure for compensation for damages for non-production accidents.
In the Regulations, a non-production accident (hereinafter referred to as an accident) means harm to health, loss of working capacity for at least one day, the death of the victim as a result of an event that affected him for certain reasons and under circumstances that are not related to the performance of work responsibilities.
The event that led to the accident is an unforeseen coincidence of circumstances, a sudden action or the influence of dangerous external factors, the neuropsychological state of a person.
The form of the accident log and the investigation report (IT) has been determined.
Accident investigations are carried out to determine the causes and consequences of the accident, based on the analysis of which the development of preventive measures is carried out in the future to prevent similar incidents.
Local authority executive power or a local government body, within 24 hours from the time of receipt of a report of an accident, an appeal from the victim or persons representing his interests, makes a decision regarding the composition of the investigation commission or the appointment of the enterprise responsible for the investigation.
Member of the accident investigation commission, which was created by order of the head local authority executive power or local government, may involve representatives of health authorities, education departments, consumer protection, the enterprise where the victim works, others structural units in the area of activity of the enterprise on whose territory or facility the accident occurred.
Representatives of the relevant trade union body and insurance experts from the insurance company where the victim has an insurance policy are also involved in the investigation of accidents.
The appointment of the body or enterprise responsible for conducting the investigation is carried out by the head of the local executive authority or local government body in writing.
To investigate accidents, enterprises responsible for the safe condition of the territory or facility, or on whose territory the accident occurred, are appointed.
The enterprises responsible for conducting the investigation, within 24 hours of receiving the order, appoint an accident investigation commission consisting of at least three persons.
Investigation of accidents and drawing up reports in the form of NT in transport, road traffic accidents, accidents with participants in the educational process in educational institutions is carried out by representatives of the relevant departments in accordance with departmental regulations, which are developed in accordance with the requirements of this Regulation.
The investigation of accidents with the drawing up and approval of an act in the NT form is carried out by the commission within 10 working days. The investigation period may be extended after written justification and agreement with the authority that issued the investigation order.
Based on the results of the investigation, an act is drawn up in the NT form. The required number of copies is determined in each individual case, but not less than three.
One copy of the NT form report remains with the enterprise that conducted the investigation, the rest are transferred to the enterprise that is responsible for the condition of the territory, the facility where the accident occurred, those involved in the accident, the victim or the person who represents his interests, as well as the local executive authority (local government body) and the enterprise where the victim works.
A copy of the act is sent law enforcement agencies to their request and educational institution, if an accident occurred with a pupil, pupil, student.
When investigating group accidents, a report in the NT form is drawn up for each victim separately.
Group accidents, during which 2 to 5 people are fatally injured, are investigated by a commission consisting of: the chairman of the commission - the head (deputy head) of the local executive authority or local government, the head of the enterprise (a representative authorized by the head) who is responsible for the condition of the territory , the facility where the accident occurred, the head of the enterprise where the victim works (if necessary), with the involvement, if necessary, of representatives of state supervisory authorities (by agreement).
The investigation of accidents during which more than 5 people were fatally injured is carried out under the chairmanship of the Deputy Chairman of the Council of Ministers of the Autonomous Republic of Crimea, deputy chairmen of regional, Kyiv and Sevastopol city state administrations, unless another decision has been made by the Cabinet of Ministers of Ukraine. Depending on the type of event and the status of the victims (working or non-working), representatives of executive authorities, health care, etc., and, if necessary, representatives of state supervisory authorities (by agreement) are involved in the commission.
In cases where the head of an enterprise refuses to investigate an accident, the victim or the person who represents his interests may appeal to the local executive authority or local government body or to the court.
The accounting of accidents is carried out by the local executive authority and local self-government body on the basis of summary data sent monthly by medical institutions, and acts in the NT form.
Records of acts in the NT form are maintained by the enterprise that conducted the investigation and by the local executive authority or local government body. Acts of the NT form are stored for three years.
Labor protection departments (services) of a local executive authority or local government body exercise control over the timeliness and correctness of the investigation, documentation and accounting for accidents, as well as the implementation of activities noted in accident investigation reports.
The Council of Ministers of the Autonomous Republic of Crimea, the region, the Kiev and Sevastopol city state administrations carry out quarterly and annual preparation of summary data on the state of non-production injuries and their submission to the territorial departments of the State Supervision Service by the 25th day of the month following the reporting quarter and by February 10 of the following reporting year.
Ministries and other central executive authorities submit to the Committee for Supervision of Occupational Safety and Health of Ukraine summary data on accidents that are investigated in accordance with departmental regulations, quarterly by the 25th day of the month following the reporting quarter and a year before February 10 following the reporting year.
Representatives of the local executive authority or local self-government body regularly inform citizens through the media about the state of non-occupational injuries in the region and the measures taken to prevent accidents.
Costs associated with conducting an accident investigation are borne by the company that conducted the investigation, with subsequent reimbursement of expenses by legal or an individual if their actions or inactions led to the accident.
Officials who conducted the investigation of non-production accidents are responsible for the timely and correct investigation of these cases and decisions made. Persons who violated or failed to comply with the requirements of this Regulation will be held accountable.
BIBLIOGRAPHY
1. Krikunov G.P., Belikov L.S., Zalunin V.F. Life safety (in two parts). - Dnepropetrovsk: Thresholds, 1992.-412p.
2. Life safety (third part) / G.N. Krikunov, A.S. Belikov, V.F. Zalunin, V.N. Dovgal. - Dnepropetrovsk: UkoIMA-press, 1995. - 196 p.
Z. Zavadsky K.A., Berdyshchev V.E. Life safety (in questions and answers): Textbook. - Krasnodar, 1995. - 168 p.
4. Mitsenko I.M. Securing people's livelihoods in the middle world: Primary handbook. - Kirovograd, 1998. - 292 p.
5. Pistun I.P. Security of life: Basic handbook.- Sumi: Education, “University book”, 1999.- 301 p.
6. Chernyshov F.I. Life safety: Textbook. Part 1.-Kyiv, 1996.- 185 p.
7. Henley D., Kumamoto X. Reliability technical systems and risk assessment. - M.: Mashinostroenie, 1984.-523p.
8. Vorobyov E.I., Kovalev E.E. Radiation safety aircraft crews. - M.: Energoatomizdat, 1993. - 151 p.
Main regulatory documents, which regulate actions in case of injury from industrial accidents, elimination of their consequences and implementation of preventive measures are:
- Law No. 1105, regulating issues of compulsory state social insurance, adopted on September 23, 1999;
- procedure No. 1232, regulating the recording and investigation of accidents and accidents at work;
- Regulation No. 63, adopted by the Federal Tax Service on December 20, 2011.
A non-production accident is considered in accordance with Resolution No. 270 of March 22, 2001.
The legislator defines an accident as an incident limited in time that occurred during the employee’s performance of his direct duties, defined staffing table resulting in death or personal injury. A non-work accident is different in that it is not directly related to the main place of work.
Stages and procedure for investigating industrial accidents
Resolution of the Cabinet of Ministers of November 30, 2011 No. 1232 clearly defines what should be done in the event of an accident at work, and defining the stages of its investigation. Actions in the event of an accident must be coordinated and not violate labor safety standards. The order of events is as follows:
- Ensuring the safety of the scene of the incident in an intact form.
- Inspection of the scene of the incident authorized persons.
- Interviewing and recording witness testimony.
- Ordering and conducting examinations necessary to establish the facts related to the accident.
- Study and analysis of received materials.
- Registration of the results of the investigation of the investigative commission.
Ensuring the safety of the incident site in an intact state
If an accident occurs during the work process, the work manager must ensure the safety of the scene until the commission arrives, provided that this does not pose a threat to anyone’s life or health and will not lead to even more serious consequences, and notify the relevant authorities about the incident. . It is worth noting that concealing an accident at work in Ukraine can lead to administrative or criminal liability.
To ensure the safety of material evidence, at the direction and under the control of the work manager, all electrical appliances must be turned off, a security post must be posted, and the emergency site must be fenced. All previously carried out work is stopped, and its resumption is possible only after permission from the emergency investigation commission.
Inspection of the scene of the incident by authorized persons
An inspection of the accident site must be carried out as quickly as possible. short time. For this purpose, a commission is formed by order of the director of the enterprise. She carries out an initial inspection of the scene of the incident; her work must be carried out in accordance with all regulations on labor protection.
The results obtained during the inspection of the incident site are documented in a corresponding act and certified by the signature of all members of the commission. The report is accompanied by a sketch or diagram describing the scene of the incident, as well as photographs documenting the surrounding situation.
If necessary, the commission can conduct a secondary inspection of the emergency site. A secondary examination may be necessary to clarify controversial issues.
Interviewing and recording witness testimony
One of the important stages of the investigation is the collection of witness statements. To do this, the commission conducts a survey of eyewitnesses, as well as the work manager, and finds out details that may affect the results of the investigation, as well as identify those responsible for the accident.
The victim is also interrogated. If he is in a hospital, during interrogation mandatory, the attending doctor or one of the victim’s relatives must be present.
All data collected by the commission after interviewing witnesses and the victim is documented, classified and attached to the case. It is worth considering that the evidence collected in this way is important only for the commission created at the enterprise. When a criminal case is initiated, the facts collected in this way will be considered unfounded.
Appointment of examinations and their impact on the investigation of industrial accidents in Ukraine
During the investigation, circumstances may emerge that require the involvement of persons with a special set of knowledge and qualifications to clarify or study. The costs associated with paying for scientific, technical and other examinations, as well as the work of experts, are fully borne by the employer.
Study and analysis of received materials
After collecting all the facts and evidence and conducting necessary examinations, the commission proceeds to study them. In addition to the information collected, according to the law, the commission must familiarize itself with following documents:
- journal for issuing instructions on labor protection;
- a log of registration of training and instruction by employees of the enterprise;
- list of professions subject to compulsory medical examination;
- in addition to performing work that resulted in an accident;
- technical documentation and passports of equipment at the scene of the incident;
- permits to work with the equipment on which the accident occurred;
- description technological process which resulted in an emergency.
After reviewing these documents, the commission will be able to model whether the working conditions and labor safety met the requirements established by law. And if they do not comply, identify the circle of persons involved in the violation of Ukrainian legislation.
Registration by the investigative commission of the results of the investigation of industrial accidents
According to Order 1232, the investigation period is three days. After this time, the commission must complete the investigations and draw up an “Investigation of an Accident” act, form N5, in five copies and an “Act on an Industrial Accident,” form H1, in six copies.
Moreover, before signing these documents, all disagreements between the commission members, if any, must be resolved. If one or more members disagree with the final conclusions of the commission, a written explanation with its obligatory attachment to the act.
Social insurance against accidents at work
In accordance with the Law of Ukraine “On Labor Protection”, every employee, regardless of the employer’s form of ownership and type of activity, is subject to social insurance at the expense of the employer.
Since in Ukraine the issues with medical and social rehabilitation victims of industrial accidents, and there are no mechanisms for compensation of losses in the event of liquidation or bankruptcy of an enterprise; functions for compensation of damages are assigned to the social accident insurance fund. The Social Insurance Fund against industrial accidents is a non-profit self-governing organization, the activities of which are monitored jointly by representatives of employers, insured persons and the state.
Payment of contributions to the Social Insurance Fund is carried out by the employer without fail. Self-employed citizens, such as private entrepreneurs, clergy and others, can make contributions to the fund on a voluntary basis.
The FSS pays insurance to the victim on the basis of accepted acts of the accident investigation commission.
Procedure for investigating non-production accidents
Non-production accidents are the fact of death or injury as a result of an incident not related to the direct performance of work duties. The mechanism for investigating such cases is regulated by Resolution No. 270 and is applied in the following cases:
- following on workplace or from a job that is not provided by the employer;
- participation in cultural and sports events;
- force majeure circumstances;
- commission of crimes against an employee or his property by third parties;
- performing public duties and others.
The investigation procedure is similar to an industrial accident. Maximum term to establish the reasons and conduct an investigation is 10 days. At the end of the commission’s work, an act of the NT form is drawn up, which is drawn up in the quantity necessary to provide to all interested parties.
Non-production accidents are injuries not related to the performance of work duties (including those received as a result of bodily injuries caused by another person), poisoning, suicide, burns, frostbite, drowning, electric shock, lightning, as well as injuries received as a result of a natural disaster, contact with animals, etc., which led to damage to the health or death of the victims.
The fact of damage to health as a result of an accident is established and certified by a medical institution. A document confirming damage to a person’s health, is a certificate of incapacity for work or a certificate from a medical institution .
42. Registration of non-production accidents.
Medical and preventive institutions to which victims of accidents were treated or were delivered are required to send a written notification within 24 hours according to the established form of notification of a non-production accident. Fatal accidents must also be reported to the prosecutor's office. Treatment and prevention institutions to which the victims were contacted or delivered keep a record of accidents in the register of non-occupational accidents.
43. Commission for the investigation of non-industrial accidents
Investigation of accidents in order to determine their causes, as well as to prevent such cases, is carried out by various bodies depending on their circumstances and consequences. These may be the internal affairs bodies, the prosecutor's office, the state administration, as well as the commission of the enterprise where the victim worked. The commission is created consisting of: the head of the commission - an official appointed by the head of the enterprise, and members of the commission - the head of the relevant structural unit, a representative of a trade union organization or an authorized labor collective, if the victim is not a member of a trade union. The decision regarding the investigation of an accident is made by the head of the enterprise on the basis of an appeal from the victim (or a person representing his interests), a certificate of temporary incapacity for work or a certificate from a medical institution. The decision to form a commission to investigate these cases is made by the local government body within 24 hours from the moment the relevant information is received from the medical institution
General procedure for investigating non-production accidents
accident notifications
Creation of a commission of inquiry
Documenting the results of the investigation
Ionizing radiation. Types and effect on humans.
Ionizing radiation- in the most general sense - flow microparticles, capable ionize substance. In a narrower sense, ionizing radiation does not include ultraviolet radiation and radiation visible light range, which in some cases can also be ionizing. Radiation microwave And radio bands is not ionizing , since its energy is not enough to ionize atoms and molecules in the ground state.
x-ray radiation;
gamma radiation.
beta particles (electrons And positrons);
alpha particles(atomic nuclei helium-4);
neutrons;
protons, others ions, muons and etc.;
fission fragments(heavy ions, arising from nuclear fission).
Shortwave electromagnetic radiation(flux of high energy photons):
Particle streams:
Effect on humans:
As a result of exposure to ionizing radiation on the human body, complex physical, chemical and biochemical processes can occur in tissues. Ionizing radiation causes the ionization of atoms and molecules of a substance, as a result of which the molecules and tissue cells are destroyed.
Sources ionizing radiation. Radiation sickness, signs of radiation sickness.
Sources of ionizing radiation.
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Sources |
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Sources located in radioisotope thermoelectric generators Sources located in irradiation equipment Sources located in radiation therapy irradiators |
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X-ray therapy equipment, the anode voltage of which is 150 kV X-ray radiographers Open source sources used in nuclear medicine Sources located in gamma radiographs Sources located in high and medium power brachytherapy equipment Reference (calibration) sources (1) |
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X-ray therapy equipment, the anode voltage of which is 150 kV X-ray diagnostic equipment with anode voltage >75 kV Open sources used in nuclear medicine for diagnostics Sources located in measurement equipment: level, density, depth and other meters(1) Sources located in drilling equipment |
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X-ray diagnostic equipment, the anode voltage of which is 75 kV Open Sources Used in Science, Industry and Other Applications(2) Sources located in measurement equipment: level, density, depth and other meters(2) Sources located in the equipment of electric charge neutralizers Sources found in bone density meters Sources found in low power brachytherapy equipment (excluding ophthalmic applicators and long-term implantation sources) |
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X-ray devices for luggage security control X-ray optics equipment Devices that generate spurious X-ray radiation X-ray fluorescence spectrometers Sources located in smoke detectors Reference (calibration) sources (2) Sources located in ocular applicators and long-term implantation sources in brachytherapy |
Radiation sickness - disease resulting from exposure to various types ionizing radiation and characterized by symptoms depending on the type of damaging radiation, its dose, localization of the radiation source, dose distribution in time and the body of a living being (for example, a person).
Signs of radiation sickness
a feeling of bitterness or dry mouth;
weakness;
fast fatiguability;
drowsiness;
headache.
development of shock-like conditions accompanied by a decrease in blood pressure;
loss of consciousness;
temperature increase;
These symptoms usually occur with radiation doses exceeding 10 Gy. Transient redness of the skin with a slightly bluish tint is detected only in areas of the body exposed to irradiation at a dose exceeding 6-10 Gy.
I degree of acute radiation sickness occurs when exposed to radiation at a dose of 1-2.5 Gy. A few hours after irradiation, the patient feels nausea and dizziness. The latent phase lasts 25-30 days. Recovery after this stage of irradiation is slow but complete.
Stage II of acute radiation sickness develops when exposed to ionizing radiation at a dose of 2.5 - 4 Gy. After two hours, headache, nausea and vomiting appear, the latent phase lasts 20 - 25 days. This degree of radiation is characterized by infectious complications, changes in the mucous membranes of the body, and when the number of platelets decreases to 40,000 in 1 μl of blood, signs of skin bleeding appear. If treatment is incorrect or delayed, death may occur.
III degree of acute radiation sickness is observed at. exposure to ionizing radiation at a dose of 4 - 10 Gy. The first signs of radiation infection appear within an hour: fever, headache, nausea, vomiting. At the height of the disease, fever, mucosal lesions, and infectious complications are noted. Probability deaths at this level is very high.
IV degree of acute radiation sickness occurs when exposed to ionizing radiation at a dose of more than 10 Gy. Symptoms of the disease are caused by deep damage to hematopoiesis, and then anemia. With an increase in the radiation dose, all signs of the disease become more severe, damage to other organs and general intoxication become of paramount importance. Deaths are almost inevitable.
Classification chemical substances along the route of penetration into the human body.
chemicals which, depending on their practical use, can be divided into:
industrial poisons (Fig. 1 39), which are used in the production (solvents, dyes)
is a source of danger from acute and chronic intoxication (mercury, lead, aromatic compounds, etc.);
pesticides used in agriculture for weed and rodent control (herbicides, pesticides);
medications;
household chemicals (food additives, sanitary and hygiene products, cosmetics);
chemical weapon
Routes of penetration of toxic substances into the human body: through the skin, respiratory organs (Fig. 1 40) and stomach. The degree of damage by toxic substances depends on their toxicity, selectivity of action, duration, as well as on their physicochemical properties.