Notification of an accident - sample filling

Notification procedure: to whom and when to send

First, you need to understand what exactly the legislator means by an accident at work. Usually this is the occurrence of a situation as a result of which a person received:

• any physical damage;
• frostbite of any parts of the body;
• burns;
• electric shock;
• drowning;
• falling from height;
• poisoning by gas or other chemicals.

Such situations can arise as a result of accidents, natural disasters, and, worst of all, careless actions of the victims themselves or violations of safety regulations. Such injuries can vary in severity: from minor injuries, after which the employee does not even need to take sick leave, to the most severe consequences - the death of the victim. There may be one or several injured persons. It is not necessary to determine the extent of injuries at your own discretion. The severity of the accident - mild or severe - is established only on the basis of the Appendix to the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 N 160

According to the law, it is necessary to inform government agencies about all such incidents, but the list of departments, as well as deadlines, vary significantly. For clarity, we have collected them in a table:

From this table it is obvious that it is always necessary to notify the territorial offices of the Social Insurance Fund about everything, because an accident at work is insured and entails payments to employees or their relatives. This is exactly what the special form for notification of an industrial accident is intended for.

About the notification procedure and the need to draw up documents

After an incident, it is possible to identify either one injured person or several at once. You should not determine the severity of injuries solely on your own. In this case, one must rely on Order of the Ministry of Health and Social Development of Russia No. 160 of 2005.

There are many organizations that need to be informed. For example, within 24 hours after an incident, notifications are sent to:

1. Territorial administration of the relevant executive authority. The document is sent to the unit that controls the organization.
2. Territorial division of the trade union.
3. The prosecutor's office.
4. Police.
5. Administration of a constituent entity of the Russian Federation or local government body.
6. State Labor Inspectorate.
7. FSS of Russia.

The same authorities may be notified again if the injury or its consequences have become particularly complex and serious.

At the same time, the territorial bodies of the Social Insurance Fund receive notifications about literally everything that happens during accidents or after them, since they relate to the compulsory insurance system. After this, payments are sent to the victims and their relatives.

The question of whether the document is mandatory disappears - it is always drawn up when appropriate grounds arise.

The main document is the Labor Code of the Russian Federation. In particular, part 1 of Article 228. The approved forms of documents are given in Resolution of the Ministry of Labor of Russia No. 73 of 2002.

The main thing is that the document contains all the information that will allow one to draw conclusions regarding the incident, its causes and consequences. It is necessary to make sure that the document was actually drawn up on time. This allows you to avoid litigation and other unpleasant consequences.

What is considered an accident?

Occupational accidents include incidents in which an employee received:

• physical damage;
• electric shock;
• frostbite or burn;
• injuries due to accidents, natural disasters and other factors.

The most serious consequence is the death of the employee, in particular as a result of suffocation or drowning. According to the requirements of Art. 228.1 of the Labor Code of the Russian Federation, the head of the enterprise is obliged to report the incident to the supervisory authorities.

Responsibilities of the employer

An accident is an event as a result of which the employee received:

• injuries;
• burn or frostbite;
• electric shock;
• as well as injuries resulting from accidents, natural disasters and other factors.

A particularly serious consequence is the death of an employee, including as a result of drowning or suffocation.

According to Art. 228.1 of the Labor Code of the Russian Federation, the employer is obliged to inform the organizations that will take part in the investigation of the incident about the incident. For this purpose, an accident notification is used, Form 1 of which is legally established.

The notice states:

• employer's name;
• legal address and location of the organization;
• FULL NAME. employer;
• date and time of the incident, description of the work performed by the employee and the circumstances;
• number of injured/dead employees;
• FULL NAME. and the profession of the victim (in a group case, data is indicated about each victim);
• the nature of the injuries received (in a group case, data is indicated for each victim);
• FULL NAME. and the position of the person who transmitted the notice, the time and date of transmission;
• FULL NAME. and the position of the person receiving the notice, time and date of receipt;

After receiving the notification, the investigative authorities begin to investigate the accident.

TYPES OF ACCIDENTS AND NOTIFICATION TIMES

In order to formalize everything correctly and not make a mistake in choosing the authorities to which you need to report an incident, you need to know that there are four types of accidents: mild, severe, group, and fatal.

Every accident that occurs at an enterprise must be reported to the competent authorities within 24 hours .

If the deadline is missed, the case will be considered hidden, and the employer will face administrative liability under Art. 5.27 or 15.34 of the Code of the Russian Federation on Administrative Offenses.

Form of notification to be sent to the FSS

The notification of an accident (form 1) was approved by Decree of the Ministry of Labor of Russia dated October 24, 2002 N 73 (as amended on November 14, 2016). It is this form that employers need to fill out in order to notify the territorial office of the Social Insurance Fund and the State Labor Inspectorate. So, in the approved form you must indicate:

• name of the organization or full name of the individual entrepreneur;
• legal address and actual location of the unit where the injury occurred;
• brief circumstances of what happened: date and time;
• Full name of the victim or victims;
• the position of the victim and the type of work he was performing at the time of the incident;
• number of victims;
• Full name and position of the authorized person of the organization who filled out the document.

This form is used both for single accidents and for group accidents. To be completed for each situation, regardless of the number of affected persons. After receiving Form 1, an employee of the FSS of Russia must sign it, as well as indicate his data and the date of receipt of the notice. A completed non-fatal group accident notice (Form 1) should look something like this:

REQUEST TO A MEDICAL INSTITUTION

An opinion on the severity of health damage in industrial accidents according to form No. 315/u[1] is given by doctors.

The employer must immediately send a corresponding request to the medical institution where the employee was admitted. We make the request in two copies. One copy remains in the medical institution; on the second copy, it is important to put a mark from the medical institution on receipt of the request (date and time) and keep the copy for yourself.

The medical institution is obliged to submit a conclusion immediately.

For your information

In your request, it is advisable to make a reference to subparagraph. 7 paragraph 4 art. 13 of the Federal Law of November 21, 2011 No. 323-FZ (as amended on May 29, 2019) “On the fundamentals of protecting the health of citizens in the Russian Federation.” This norm stipulates that the presentation of information constituting medical confidentiality without the consent of a citizen is permitted, including for the purposes of investigating accidents.

It is also necessary to request information about the possible presence of the victim at the time of the accident in a state of alcohol, drug or toxic intoxication.

This information will be needed when qualifying an accident as production-related or unrelated, as well as to establish gross negligence and determine the degree of guilt of the victim.

For your information

If a medical institution delays issuing a conclusion in form No. 315/u (and this almost always happens), to determine the degree of severity, you can use Order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 No. 160 “On determining the degree of severity of health damage in industrial accidents” or talk to the attending physician and ask for an oral opinion. This will allow you to correctly navigate and identify the authorities that need to be reported about the accident.

Procedure for reporting an accident at work

The procedure for the employer to notify government agencies and other structures in the event of an accident in the organization is prescribed in Art. 228.1 Labor Code of the Russian Federation. The timing for submitting notifications to various authorities depends on the number of victims and the severity of the consequences.

When and who to notify

Russian legislation defines in detail the term “industrial accident”.

Thus, when an accident occurs at an enterprise, a worker receives injuries that are sometimes incompatible with life. Namely:

• any injury to the body;
• frostbite of hands, feet and other parts of the body;
• burn;
• electric shocks;
• drowning;
• falling from a high-rise building or structure;
• poisoning by gas or other chemicals.

Also, an accident in an organization occurs after an accident, a hurricane, or as a result of workers’ failure to comply with safety regulations at the enterprise.

These traumatic cases at work are distinguished by several degrees of severity: from minor injuries, after which the employee does not take out a certificate of incapacity for work, to severe injuries up to the death of the worker. In this case, there may be one or more injured or dead persons.

Also see “Occupational safety during the operation of electrical installations: order of the Ministry of Labor”.

The employer does not determine the severity of injuries. This is carried out only by special government agencies, the list of which is given in the order of the Ministry of Health and Social Development of the Russian Federation dated February 24, 2005 No. 160.

By law, the director of an enterprise must notify government agencies of all such incidents. However, the list of departments and deadlines for submitting notifications vary significantly.

The specified notification of an industrial accident is sent to the government agency in accordance with the procedure established in Art. 228.1 Labor Code of the Russian Federation.

If an accident occurs that results in the death of an employee, the head of the enterprise notifies the following government agencies:

• FSS RF;
• local labor inspectorate;
• the prosecutor's office;
• police;
• the administration of the region of the Russian Federation at the place of state registration of the employer;
• regional trade union organization;
• Rospotrebnadzor/Rostechnadzor, etc.

As a result, the director of the company first notifies the Social Insurance Fund (a different form is used), since an accident at the enterprise is an insured incident. In this situation, the employer follows the procedure for notifying an industrial accident, and the fund pays compensation to the injured employees and/or their relatives.

Also see “How to calculate and pay sick leave for a work injury.”

First, the employer fills out a notification form about an accident at the enterprise.

PROCEDURE FOR NOTIFYING MINOR ACCIDENTS

In the event of a minor accident, you need to send a message to the executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases at the place of registration of the employer as an insurer (hereinafter referred to as the Social Insurance Fund).

The form of such a message is approved by Order of the Social Insurance Fund[2] dated August 24, 2000 No. 1574 (see below for an example of filling). It states:

1) information about the organization - name, type of economic activity, registration number in the Social Insurance Fund;

2) date, time, place and circumstances of the incident;

3) details of the victim: last name, first name, patronymic, age, profession (position);

4) type of labor relationship;

5) the name of the person transmitting the notice, the time and date of transmission.

Important!

In this and other forms, all interlinear references, links and other details in message and notice forms must be preserved and comply with the approved forms.

Responsibility for evading notification

If the employer does not report to the FSS of Russia about an insured event with the insured person (caused by an accident), he will have to bear administrative liability under Article 15.34 of the Code of Administrative Offenses of the Russian Federation. The sanctions of this article provide for a fine in the amount of:

• for legal entities - from 5,000 to 10,000 rubles;
• for officials - from 500 to 1,000 rubles;
• for citizens - from 300 to 500 rubles.

Obviously, for the accident itself, indicated in the notice, the employer may also be held liable, even criminally, if his fault in the incident is discovered. But that is another story.

Employer's liability

Injury at work falls under the category of insured events. The consequences of injury are compensated to the employee in accordance with the provisions of the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” dated July 24, 1998 N 125-FZ. Therefore, the employer is responsible for concealing an insured event. According to Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, this threatens with a fine in the amount of:

• for citizens - from 300 to 500 rubles;
• for employees - from 500 to 1,000 rubles;
• for organizations - from 5,000 to 10,000 rubles.

If, as a result of the investigation of the event, it is proven that the employer violated labor legislation and did not comply with labor protection requirements, the amount of the fine will be, according to Art. 5.27 Code of Administrative Offenses of the Russian Federation:

• for officials - 1000 - 5000 rubles;
• for entrepreneurs - from 1000 to 5000 rubles. or suspension of the company for up to 90 days;
• for legal entities - from 30,000 to 50,000 rubles. or closure of the organization for up to 90 days.

If the event occurred as a result of a violation of safety regulations and resulted in serious injury to the employee, the perpetrator will be fined. The fine can be up to 200,000 rubles. In some cases, the punishment is imprisonment for up to one year.

If the death of an employee occurs as a result of a safety violation, the person found guilty may be punished with imprisonment for up to three years, according to Art. 143 of the Criminal Code of the Russian Federation.

If it turns out that the employee is also guilty of being injured (i.e., did not follow safety precautions), the commission will determine the degree of guilt as a percentage.