Procedure for registering an industrial accident

Investigation and recording of industrial accidents

Every industrial accident is subject to investigation, recording and documentation.
The procedure for investigating industrial accidents is regulated by law and requires the company administration to comply with all prescribed procedures within a certain time frame. For more information about what the company administration should do if an accident occurs to an employee at work, see the article “Accident at Work - Actions of the Employer.”

The administration of the company on whose territory the accident occurred must carefully approach the documentary support of the investigation procedure. In such a situation, all paperwork is completed by a commission appointed by the head of the company.

The papers compiled by the commission and received during the investigation from experts, doctors, the victim and other involved persons are combined into a single file.

This set of documents should reveal all the nuances and circumstances of the industrial accident, and also contain answers to key questions:

• about the nature of the labor relationship between the victim and the employer;
• reasons for the accident;
• the relationship between the employee’s actions and the performance of his job functions at the time of damage to his health and (or) performance;
• the degree of guilt of the company’s employees responsible for preventing industrial injuries.

The list of basic documents for registering an industrial accident is established in Art. 229.2 Labor Code of the Russian Federation.

An unfortunate incident or an accident?

Before you begin to draw up the appropriate documentation, you need to find out whether the incident can be classified as an industrial accident.

Completed sample report on an industrial accident.

A specially created commission, having studied the causes, place and time of the incident, draws a conclusion about its connection with production, setting them out in the main document regarding accidents - an act of form N-1.

The following verdict options are possible:

1. Accident related to work. To do this, the connection between the disaster and work activity must be clarified and documented or confirmed by witness testimony.
   Relationship with working hours:
   • the accident occurred during working hours, including lunch breaks, preparation for work and completion of work;

   when working overtime for the benefit of the company;

2. during periods between shifts or shifts.

Connection to the scene:

• on the way to work and back (if enterprise transport delivers employees);
• on a business trip and on the way there and back;
• when traveling by personal transport on business (if this is noted in the contract).

Responsibilities:

• the work involves activities with sources of increased danger;
• the employee carried out the employer’s orders, even unrelated to his position;
• the victim helped eliminate the consequences of emergency situations.

How to compensate for lost earnings in the event of an accident at work?

In such cases, although an investigation is carried out, the report on it is drawn up in any form.

What documents will you need to prepare?

In order not to violate the legally established procedure for documenting the investigation of an industrial accident, the set of documents must include three types of papers:

• notification (report of an accident, measures taken, etc.);
• organizational (order to create a commission, change the timing of the investigation, etc.);
• descriptive and recording (acts, conclusions, examinations).

Each industrial accident is specific and individual, so the set of documents may vary in volume and include both mandatory and additional (supporting) papers.

The first group of documents is of an informative and notification nature. It will not be possible to avoid their registration - such a need is enshrined in law.

Organizational documents are internal company orders required to organize the process of investigating an industrial accident.

The third group of documents is the most diverse in type and significantly exceeds the first two in volume. The central place in this group is occupied by the act of an accident at work (form N-1, used in accordance with the current recommendations of the Social Insurance Fund when registering accidents at work, as well as on the basis of the letter of the Ministry of Labor of Russia dated October 27, 2017 No. 15-3/B- 2862).

Important! An act in form N-1 is drawn up if the employee has lost his ability to work, is transferred to another job for medical reasons, or died as a result of an industrial accident (Article 230 of the Labor Code of the Russian Federation).

We will tell you what additional documents you will need to collect in the next section.

Samples of various documents for registering an accident are presented in ConsultantPlus. Sign up for a free trial subscription and download the document you need.

Employer's liability

For failure to comply with labor safety requirements that led to an accident at work, the employer may be subject to administrative and criminal liability.

Administrative liability is provided for in Article 19.4 of the Administrative Code.

Under this article, the head of the organization may be brought to justice if he obstructs the inspection or refuses to comply with the instructions of the inspection body.

If during the investigation it turns out that the employer did not comply with labor protection legislation, then he faces punishment under Article 5.27.1 of the Code of Administrative Offences.

If an employer hides the fact of an accident at work from the social insurance fund, he will be held liable under Article 15.34 of the Code of Administrative Offenses.

Criminal liability under Article 143 of the Criminal Code of the Russian Federation may occur if the accident led to the death of an employee or serious injuries.

In this case, the court will determine the guilt of the workers responsible for labor protection at a specific production site. Such employees could be, for example, the head of a site or the head of a department.

We collect additional documents

In addition to the report in form N-1, the NS investigation commission will need to draw up a protocol for examining the scene of the accident, attaching to it photo and video materials revealing the circumstances of the accident, as well as all kinds of plans and diagrams.

The investigation materials, in addition to the explanations of the victims, must contain the results of interviews with eyewitnesses of the industrial accident, the results of the examinations and medical opinions.

Additionally, it will be necessary to collect internal evidence that the employer took all measures provided for by law to ensure that the employee complies with labor protection requirements (about the instructions given to the victim, the results of testing his knowledge on labor protection issues, personal protective equipment issued to him, etc.).

This list is not closed and can be supplemented so that the picture of the incident is revealed as much as possible. The composition of additional documents is determined by the SB investigation commission.

Actions of the employee and employer in case of accidents

If an accident occurs at work, an employee of the organization must immediately inform his immediate supervisor about the incident in accordance with Article 214 of the Labor Code of the Russian Federation.

The form of such a message is not approved by law.

The organization has the right to prescribe the procedure for an employee in the event of an industrial injury in the internal local acts of the enterprise. For example, such a document could be instructions for an employee on labor protection.

If an employee receives a work-related injury, the employer must take the following measures:

• Organize the provision of first aid to the injured employee of the enterprise. To provide first aid, the employer must have a medical post with a first aid kit in the organization.
• If necessary, transport the injured employee of the organization to a medical facility. The injured employee must be transported to the hospital or home using the organization’s transport or at its expense in accordance with the requirements of Part 2 of Article 223 of the Labor Code of the Russian Federation.
• If an emergency or emergency situation occurs, all measures should be taken to prevent its development. To do this, you should call special services to eliminate an emergency or emergency situation (for example, the Ministry of Emergency Situations) and remove all workers from the danger zone.
• To the extent possible, keep the environment as it was at the time of the incident. If this cannot be done, then it is necessary to record the scene of the incident. For these purposes, you can take photographs or video, or draw a diagram of the scene of the incident. Such recording of the scene of the incident will be needed during the investigation of the accident.
• Notify special structures about the incident.

Deadlines for processing documents

The timing of paperwork is directly related to the timing of the investigation of an industrial accident.

Note! An industrial accident is investigated within the time limits established by Art. 229.1 of the Labor Code of the Russian Federation and clause 19 of the Regulations on the investigation of accidents, approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

There are two types of deadlines: basic and additional.

The main period depends on the degree of damage caused to the health and performance of the employee as a result of an accident at work. It amounts to:

• 3 days (with minor harm to health);
• 15 days (for severe injury or death);
• 1 month (if the investigation is carried out at the request of the victim (or his authorized representative) some time after the accident).

Important! The duration of the period during which an industrial accident is investigated (including documented) is counted in calendar days from the date of drawing up the order to create an investigation commission (clause 19 of Regulation No. 73).

Additional deadlines are provided for situations where the investigation does not fit within the regulated time for objective reasons. This is possible if clarification of the circumstances of the accident is required or it is necessary to obtain expert opinions. In this case, the chairman of the commission is legally allowed to extend the period by 15 days. If the investigation bodies, investigators or the court are involved in the investigation, the extension of the period is agreed upon with these authorities.

Important! The chairman of the commission is obliged to inform the victim or his authorized representative about the change in deadlines (clause 20 of Regulation No. 73).

The extension of the deadline will have to be formalized by an order indicating the reasons and the completion date of the investigation.

Such close attention to meeting deadlines will help the employer avoid punishment under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The algorithm for an employer's actions in the event of an employee's death as a result of an industrial accident is given in ConsultantPlus. Sign up for a free trial and read the material.

What the employer faces for violating labor safety requirements, see the article “Types of liability for violating labor safety requirements.”

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How to determine the degree of guilt of the victim

If the fact of guilt of the victim, inattention, negligence, gross negligence, violation of labor protection requirements is revealed, then it is necessary to determine the degree of his guilt as a percentage.

The degree of guilt must be distributed among all those responsible for the incident, but not more than 25% for each.

A degree of guilt of more than 25 percent is considered a gross violation of the law and subsequently the employee can appeal the results of this investigation in court.

The percentage of fault will be needed in the future to calculate insurance payments by the Social Insurance Fund.

Moreover, it is important to indicate in the N-1 act the phrase “gross negligence”, this is a confirmation that the employee is really to blame for what happened.

Extension of the investigation period for a serious accident

As mentioned earlier, the period for investigating a serious industrial accident is 15 calendar days.

Often the situation develops in such a way that in order to clarify the circumstances of the investigation of a serious accident, additional examinations, analyzes and checks are required, in which case the investigation period may be extended, but not more than by 15 calendar days.

This decision must be formalized in the form of an order signed by the chairman of the investigation commission; the order must indicate until what date the period is extended and for what reason:

1. The need for additional verification of the circumstances of the case.
2. Obtaining medical documents.
3. Conducting medical, technical or other examinations.
4. Involvement of bodies of inquiry, investigation, and court.
5. The scene of the incident is in a difficult to reach place.

In addition, there are situations when it is not possible to meet the renewal deadline. For example, the results of the examination are not ready, the case is being considered by the inquiry authorities, etc.

In this case, it is necessary in writing, registering all correspondence, to clarify or agree on the deadline for completing work as part of the investigation.

And based on the correspondence, prepare an order for extension. For example, the extension period is stated in the order as follows: “The investigation period is extended by 5 days from the date of receipt of the examination results.”

The correspondence is registered so that there are no complaints against you that you are delaying the completion of the investigation.

Whenever the investigation period for a serious accident is extended, inform the victim or his legal representatives.

What documents should be developed based on the results of the investigation?

At the end of the investigation of a serious accident at work, an N-1 act and a Form 4 act are completed.

The latter is required only for group, severe and fatal accidents.

The investigation report objectively sets out the causes and circumstances of the accident, identifying the persons responsible and those who violated labor laws.

If all members of the commission agree with the materials of the case, then act N-1 is printed in triplicate and signed.

What to do when the investigation is over

When the investigation is completed, it is necessary to send the signed N-1 act to the victim within three days.

Do I need to send the case materials to the victim? This point is not regulated by law.

The remaining originals with the case materials are sent to the FSS and the prosecutor's office.

Copies of acts N-1 and form 4 with case materials must be sent to the State Labor Inspectorate, the Federal Service for Labor and Employment and the trade union.

The investigation materials along with the reports are kept by the employer for 45 years.

In addition, you need to make a record of the serious accident that occurred in the occupational accident register. You can see a sample of the journal at Resolution of the Ministry of Labor of Russia dated October 24, 2002 N 73 (Form 9).

Results

Documentation of an industrial accident accompanies all stages of its investigation.

It will be necessary to generate a complete set of documents: draw up an order to create an investigation commission, record all the circumstances of the investigation, collect the results of interviews with witnesses and examinations, and also inform government agencies and interested parties in writing.
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What should an injured employee do?

After the immediate threat to health has receded a little into the background, the employee begins to think about the financial responsibility of his employer. If the worst happens, this question arises before the orphaned relatives. So, what should an employee do if he or she is the victim of an accident at work?

1. Notify your employer as soon as possible.
2. Keep all medical documents and receipts for medications and medical services.
3. Wait until representatives of the commission appointed for the investigation contact him (or initiate an inspection yourself by contacting the labor protection authorities).
4. Receive a copy of Act N-1 drawn up by the commission.

ADDITIONAL INFORMATION! If the employee felt the consequences of the accident after some time, or his health deteriorated gradually, he must inform the employer about this as early as possible: this will affect the calculation of compensation payments.

Payments to injured workers

If an employee becomes unable to work as a result of an accident at work, he is entitled to the following payments:

• disability benefits, which are paid on the basis of sick leave;
• one-time or monthly insurance payments;
• payment for medical and social rehabilitation.

The disability benefit is paid by the organization, and all other payments are made by the social insurance fund.

Why is the fact of an industrial accident registered with the participation of a commission?

Correct documentation of the fact of injury during work requires the work of a commission, which includes both representatives of the employer and the employee. The employee's interests may be represented by a lawyer or other qualified lawyer. This is necessary in order to prevent any violation of the rights of the injured party.

Note! If, according to the official conclusions of doctors, the victim suffered minor harm to health, the inclusion of a representative of Rostrud on the commission is not required; in the case of serious injury or death, it is absolutely required.

Investigation of industrial accidents

Memo for the employee

I.

Employees of the organization are obliged to immediately notify their immediate or superior supervisor of each accident that occurs.

Investigation of industrial accidents in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation is the responsibility of the employer (Article 212 of the Labor Code of the Russian Federation).

The employer is obliged to take all necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials in accordance with the Labor Code of the Russian Federation.

Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73 approved the provisions on the specifics of the investigation of industrial accidents in certain industries and organizations and the forms of documents necessary for the investigation and recording of industrial accidents.

Accidents are distinguished:

• by qualification (related to production);
• by classification (group);
• by category (mild, severe, fatal);
• by type (fall from a height, etc.).

II.

An employee has the right to personal participation or participation through his representatives (other authorized persons) in the investigation of an accident at work (Article 219, Part 10 of Article 229 of the Labor Code of the Russian Federation).

In the event of the death of the victim, at the request of persons dependent on the victim, persons closely related to him or her, their legal representative or other authorized representative may also take part in the investigation of the accident.

If the legal representative or other authorized person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the materials of the investigation (Part 11 of Article 229 of the Labor Code of the Russian Federation).

The general list of accident investigation materials is contained in Art. 229.2 Labor Code of the Russian Federation. In this case, a specific list of investigation materials is determined by the chairman of the commission depending on the nature and circumstances of the accident.

III.

To investigate an accident, the employer (his representative) is obliged to immediately create a commission consisting of at least 3 people.

The commission includes:

• a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer,
• employer representatives,
• representatives of the elected body of the primary trade union organization or other representative body of workers,
• Occupational Safety and Health Commissioner.

The commission is headed by the employer (his representative), and in cases provided for in Art. 229 of the Labor Code of the Russian Federation, the commission is headed by an official of the relevant federal executive body exercising state control (supervision) in the established field of activity.

At the same time, taking into account the number of victims, the severity of the injuries they received, the place where the accident occurred and other circumstances, other representatives should be included in the commission (Article 229 of the Labor Code of the Russian Federation). In all cases, the composition of the commission must consist of an odd number of members.

The composition of the commission is approved by order (instruction) of the employer (unless otherwise provided by the Labor Code of the Russian Federation.

Persons who are directly entrusted with providing for their own

compliance with labor safety requirements at the site (facility) where the accident occurred are not included in the commission.

IV.

The legislation establishes certain deadlines for the investigation of accidents (Article 229.1 of the Labor Code of the Russian Federation).

The commission is obliged to conduct an investigation into an accident (including a group one), as a result of which one or more victims received:

• minor health damage - within 3 days;
• severe health damage, or an accident (including a group one) with death - within 15 days.

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s disability did not occur immediately, is investigated in the manner established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, at the request of the victim or his authorized representative within 1 months from the date of receipt of the said application.

These deadlines may be extended by the chairman of the commission, but not more than by 15 days if it is necessary to conduct an additional check of the circumstances of the accident, obtain relevant medical and other reports. Repeated extension of the investigation period by the chairman of the commission (single-handedly) is not allowed.

If it is not possible to complete the investigation of an accident, the period for which was extended by the chairman of the commission due to the need to consider its circumstances in the organizations carrying out the examination, in the bodies of inquiry, investigation or in court, then the decision on the subsequent extension of the period for investigating the accident is made according to in agreement with these organizations, bodies or taking into account the decisions made by them.

The victim (his representative) must be notified of the extension of the investigation period.

V.

When investigating each accident, the commission (state labor inspector who independently conducts the investigation in cases provided for in Article 229.3 of the Labor Code of the Russian Federation):

identifies and interviews eyewitnesses of the incident, persons who committed violations of labor protection requirements,

receives the necessary information from the employer (his representative) and, if possible, explanations from the victim (Part 1 of Article 229.2 of the Labor Code of the Russian Federation).

The employer, at his own expense, is obliged to provide, at the request of the commission:

performing technical calculations, conducting laboratory research, testing, other expert work and engaging expert specialists for these purposes;

photographing and (or) video filming the scene of the incident and damaged objects, drawing up plans, sketches, diagrams;

provision of transport, office space, communications equipment, special clothing, special shoes and other personal protective equipment.

Based on the investigation materials collected, the commission:

• establishes the circumstances and causes of the accident,
• identifies persons who have committed violations of labor protection requirements,
• develops proposals to eliminate identified violations, causes of accidents and prevent similar accidents,
• determines whether the actions (inaction) of the victim at the time of the accident were due to labor relations with the employer or participation in his production activities,
• resolves the issue of which employer records the accident (if necessary),
• classifies the accident as an industrial accident or a non-industrial accident.

An accident at work is an insured event if it occurs with the insured or another person subject to compulsory social insurance against accidents at work and occupational diseases.

The employer (his representative) is obliged to report each insured event to the executive body of the insurer (at the place of registration of the policyholder) within 24 hours.

VI.

Based on the results of the investigation of the accident, which was qualified by the commission as production-related, a report must be drawn up.

The act is drawn up in form N-1 (for athletes N-1PS) (approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73) in 2 copies (for the employee and the employer), having equal legal force, in Russian or in Russian and the state language of the republic that is part of the Russian Federation.

The choice of the form of the act depends on the severity of the accident and the professional background of the injured workers.

In case of a group accident at work, a report on the accident at work is drawn up for each victim separately, in addition to the reports under f. N-1, one act must be drawn up in Form 4.

In case of insured events, the employer (his representative) sends the third copy of the report on the industrial accident and copies of the investigation materials to the executive body of the insurer (at the place of registration of the employer as an insured) within three days after completion of the investigation of the industrial accident (Part 6 of Art. 230 Labor Code of the Russian Federation).

The victim (his representatives) are notified of the results of the investigation.

Done and signed accident investigation reports and (or) acts of form N-1 (N-1PS) drawn up in established cases, together with investigation materials, are sent to the chairman of the commission or the state labor inspector who conducted the investigation for consideration by the employer.

Reports on the investigation of accidents qualified by the results of the investigation as not related to production, together with the investigation materials, are stored by the employer (legal entity or individual) for 45 years.

Disagreements on issues of investigation, non-recognition by the employer (his representative) of the fact of the accident, refusal to conduct an investigation of the accident and draw up an appropriate act, disagreement of the victim (his legal representative or other authorized representative), and in case of fatal accidents - persons in charge dependents of a person who died as a result of an accident, or persons who were closely related to him or her (their legal representative or other authorized representative), with the contents of the accident report are considered by the Federal Service for Labor and Employment (Rostrud).