To investigate the accident, the employer (his representative) immediately forms a commission consisting of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers, and a labor protection commissioner. The commission is headed by the employer (his representative), and in cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established field of activity.
When investigating an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating the specified accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.
Unless otherwise provided by this Code, the composition of the commission is approved by order (instruction) of the employer. Persons who are directly responsible for ensuring compliance with labor safety requirements at the site (facility) where the accident occurred are not included in the commission.
The specified employer or his authorized representative, the victim’s authorized representative, and a labor protection specialist, who may be involved in the investigation of the accident on a contractual basis, take part in the investigation of an accident at an individual employer.
An accident that occurs to a person sent to perform work for another employer and participating in his production activities is investigated by a commission formed by the employer who experienced the accident. The commission includes a representative of the employer who referred the person. Failure to arrive or untimely arrival of the specified representative is not grounds for changing the timing of the investigation.
An accident that occurs to a person performing work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), to whom this territory is assigned with the rights of ownership, possession , use (including rent) and on other grounds.
An accident that occurs to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the mandatory participation of a representative of the employer on whose territory it was carried out.
An accident that occurs to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer at the victim’s main place of work about the results of the investigation.
The investigation of an accident that occurred as a result of a disaster, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the mandatory use of materials from the investigation of the accident, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, bodies of inquiry, investigative bodies and the owner of the vehicle.
Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim.
At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons closely related to him or her, their legal representative or other authorized representative may also take part in the investigation of the accident. In the event that 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.
If the accident was the result of operational violations affecting the provision of nuclear, radiation and technical safety at nuclear energy facilities, then the commission also includes a representative of the territorial body of the federal executive body exercising the functions of federal state supervision in the field of atomic energy use.
In the event of an accident that occurs in an organization or facility controlled by a territorial body of the federal executive body exercising control and supervision functions in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.
In case of a group accident with a death toll of five people or more, the commission also includes representatives of the federal executive body authorized to carry out state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the all-Russian association of trade unions . The commission is headed by the head of the state labor inspection - the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, and when investigating an accident that occurred in an organization or at a facility controlled by the territorial body of the federal executive body exercising control and supervision functions in in the field of industrial safety, is the head of this territorial body.
Another comment on Article 229 of the Labor Code of the Russian Federation
1. The investigation of accidents is carried out by accident investigation commissions, formed and formed depending on: - the circumstances of the incident; - on the number of victims; - on the nature of the health injuries received by the victims.
In all cases, the composition of the commission must consist of an odd number of members. The commented article establishes the minimum quantitative composition of such a commission - 3 people. In this case, persons exercising (exercising) direct control over the work of the victim are not included in the commission.
The composition of the commission is approved by order (instruction) of the employer.
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.
As a rule, the commission is headed by the employer (his representative). However, the commented article provides for special cases in which the commission is headed by officials of the relevant federal executive authorities exercising state control (supervision) in established areas of activity (Rostechnadzor).
The main content of the commented article consists of the rules on the formation of a commission to investigate an industrial accident in various circumstances: the composition of the members of the commission and its head are indicated. Such circumstances that determine the special procedure for forming a commission are: - investigation of an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome; — investigation of accidents that occurred on fishing or other sea, river and other vessels at sea, regardless of their industry; — investigation of accidents that occurred when employees performed work for another employer, on the territory of another employer, as well as part-time work; — investigation of an accident that occurred as a result of a disaster, breakdown or other damage to a vehicle; — investigation of an accident that was the result of operational violations affecting the provision of nuclear, radiation and technical safety at nuclear facilities; — investigation of an accident that occurred in an organization or facility controlled by the territorial body of Rostechnadzor; — investigation of a group accident with a death toll of five people or more.
If one of the specified circumstances occurs, it is necessary to refer to the provisions of the corresponding part of the commented article on the peculiarities of the formation of the commission.
2. Part 10 of the commented article establishes the right of every victim (including through a legal representative or proxy) to personally participate in the investigation of an accident that occurred with the victim. The right to send a legal representative or other trusted person to the commission may be granted upon request to persons who were dependent on the deceased victim, or who were closely related to him or her.
It should also be noted that the investigation of accidents that occurred with students of educational institutions undergoing practical training in organizations or performing work under the direction and control of the employer (his representative) is carried out by commissions formed and headed by this employer (his representative). In this case, representatives of the educational institution are included in the commission
The investigation of such accidents during practical training in areas of the organization allocated for these purposes is carried out by commissions formed by the heads of educational institutions with the inclusion of representatives of the organization.
Currently, there is a Regulation on the investigation and recording of accidents involving students and pupils in the USSR State Education system, approved by Order of the USSR State Education Department dated October 1, 1990 N 639, which establishes a unified procedure for the investigation and recording of accidents that occurred during the educational process .
general information
If an accident involving employees is recorded in an organization, a trial is scheduled to confirm or deny the company’s involvement (due to poor-quality equipment or working conditions). The investigation is carried out by an independent commission, which may consist only of company employees or with the involvement of persons from government supervision.
Article 229 of the Labor Code of the Russian Federation regulates the rules for the formation of a commission for proceedings if an employee is injured:
- as a result of an accident;
- industrial accidents.
In the investigation, there is always a person representing the employer; members of labor unions (trusted by the victim) and employees of regulatory government services may be involved. An important rule is that there is an odd number of participants, from three people.
The composition of the members for the investigation is documented and certified by the signature of the general director and his deputy. According to Art. 229 of the Labor Code of the Russian Federation, during the proceedings it is impossible to involve an occupational safety specialist who controls the area where the accident occurred.
In case of injuries of 2nd and 3rd degree of severity or death, representatives of the controlling municipality are involved in the investigation. The commission is headed by an official from the supervisory public service, depending on the nature of the emergency. For example, in the case of explosions at a mine, emissions of harmful substances, a representative of the local federal service for environmental and technological control is in charge of the investigation.
Comments on Article 229.2 of the Labor Code of the Russian Federation, judicial practice of application
Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 10, 2011 No. 2 “On the application by courts of legislation on compulsory social insurance against industrial accidents and occupational diseases” contains the following explanations:
Death or injury to health due to alcohol, drug or toxic intoxication of the victim - an accident not related to production
When considering a claim to recognize an accident as related to production or an occupational disease, it is necessary to take into account that the issue of establishing a cause-and-effect relationship between injury or other damage to health or disease and the use of alcohol (narcotic, psychotropic and other substances) is subject to resolution by the court based on specific the circumstances of each case and the evidence available for it.
Courts should keep in mind that, by virtue of part six of Article 229.2 of the Labor Code of the Russian Federation, an accident may be qualified as not related to production if, according to the conclusion of a medical organization, the only cause of death or damage to health was alcohol, narcotic or other toxic intoxication (poisoning) of the victim, not associated with violations of the technological process in which technical alcohols, aromatic, narcotic and other toxic substances are used.
Specific situations
Depending on the circumstances of the NS and the location of the incident, the composition of the commission changes.
The person leading the investigation is also identified. The organization's scope of activity and legal form are of key importance. If an employee works in , has been temporarily assigned to the service of employer "N", the proceedings are initiated and headed by "N". But the investigative team includes people from the sending organization. Moreover, if a commission employee does not appear for investigative actions, the procedure is carried out without him; the Labor Code regulates these actions in Article 229.
In the case where an employee, under the direction of his organization, worked at the employer's site "N", then the employer who appointed the employee to serve at "N" heads the investigation. The participation of a representative of the company that belongs to the site under a lease or ownership agreement is required.
When an employee working in an organization part-time is injured, a commission is organized here. Informing representatives from the main place of duty is allowed only after the written permission of the emergency participant.
An accident involving a vehicle (car, excavator, tractor, etc.) is examined by a commission headed by the employer. During investigative actions, it is necessary to take into account and attach to the case all technical materials about the causes of damage. A technical study of vehicles regarding their serviceability, timely maintenance, and quality of parts is carried out by the local supervisory authority in the relevant area.
For example, if an employee was injured as a result of a brake system failure, an investigation by the State Traffic Inspectorate is necessary to identify the causes of the vehicle malfunction. If violations are detected in the operation of the vehicle, the case will not be considered insurable.
If an employee was injured in production involving radioactive substances, a representative of the relevant area must be present on the commission. It is necessary to involve an employee of the local nuclear energy regulatory authority. If safety precautions are violated, the case is considered non-insurable and the employer’s fault will not be established. The main rule is the employee’s signature in documents confirming familiarization with labor safety rules.
In a situation with injured workers (more than five people) or the fact of death, the composition of the commission is formed exclusively from trustees from the state apparatus. The investigation is headed by the state occupational safety inspector (the head of the state inspectorate or a substitute person established by order). The composition must include a representative from the local government, a member of the territorial trade union (not an organization). If the case is covered by insurance, the participation of an FSS employee is necessary.
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Investigations on ships on a voyage are carried out by a commission headed by the ship's captain. Formed from members of the management team (if it is not possible from the ship’s line crew). If a member of a trade union organization is present, he must be included in the commission, which is approved by a written order from the commander.
If a student undergoing internship on the territory of the organization was injured, the investigation commission will be headed by a person supervising the training process in a particular territory.
But you need to consider the following:
- If practical work is carried out under the direction of the organization, then the investigation is headed by a manager.
- If the practice is carried out under the guidance of an educational institution, the commission is headed by the rector or vice-rector.
The proceedings follow a standard procedure.
In situations involving faulty equipment, responsible technical organizations are involved. If the victim is an athlete, then actions are regulated depending on the location of the victim at the time of injury. If an emergency occurs during training sessions, the following will be involved in the investigation: the employer, an employee of the professional union of athletes (required). If the injury occurs as part of a sporting activity, but not during exercise, union involvement is not necessary.
If an emergency situation occurs at Rostechnadzor enterprises, the investigation should be led by the head of the organization, and responsible officials will take part. In case of injuries as a result of a railway transport accident, the founder of the commission is the head of the railway, civil servants of regulatory authorities, and a regional trade union.
Rights and obligations of an employee within the framework of an investigation by the National Assembly
The conclusion on the investigative process is made collectively only after the consent of all members of the commission. If violations are revealed in the performance of the employee’s official duties, the employer will be relieved of liability.
Reasons for refusal to recognize NS at work:
- Failure to perform duties in good faith by an employee.
- Failure to comply with internal labor regulations.
- Violation of labor discipline.
- Violation of occupational safety and fire safety rules.
- The incident occurred as a result of targeted damage to company property.
- Ignoring training and internship in industrial safety and health (documented).
An employee can count on a positive decision on the investigation if he promptly contacted management and reported a danger at work, a threat to life and health.
The employee is obliged to notify the employer about health problems related to professional activities. If it is revealed that the employee deliberately concealed a diagnosis with which he would not have been allowed to work, the commission will make a negative decision.
Therefore, as part of the labor safety instructions, the employee must undergo regular medical examination - at the initial stage, once a year (minimum) and as directed by the organization (according to the Labor Code of the Russian Federation).
For an objective assessment of the work of the commission, the victim is not protected from monitoring the investigation and clarifying any details of the case. He can familiarize himself with the composition of the commission before the hearing, and in case of disagreement, challenge the decision in writing.
Rights:
- the right to be personally present at all stages of the investigation;
- the right to get acquainted with the case materials;
- Relatives and trusted persons may participate in the investigation of a fatal accident (notarization is required).
In addition, after receiving a decision, the employee has the right to challenge it. But this requires documentary evidence or testimony.
The comments to Article 229 of the Labor Code of the Russian Federation indicate the procedure for the commission’s actions and the list of necessary materials. The process begins with identifying and interviewing witnesses to the incident, the immediate supervisors of the victims, and safety employees. If possible, explanations are taken from the victim. The data is recorded in a written document.
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To investigate the accident, the employer (his representative) immediately forms a commission consisting of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers, and a labor protection commissioner. The commission is headed by the employer (his representative), and in cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established field of activity.
When investigating an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating the specified accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.
Unless otherwise provided by this Code, the composition of the commission is approved by order (instruction) of the employer. Persons who are directly responsible for ensuring compliance with labor safety requirements at the site (facility) where the accident occurred are not included in the commission.
The specified employer or his authorized representative, the victim’s authorized representative, and a labor protection specialist, who may be involved in the investigation of the accident on a contractual basis, take part in the investigation of an accident at an individual employer.
An accident that occurs to a person sent to perform work for another employer and participating in his production activities is investigated by a commission formed by the employer who experienced the accident. The commission includes a representative of the employer who referred the person. Failure to arrive or untimely arrival of the specified representative is not grounds for changing the timing of the investigation.
An accident that occurs to a person performing work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), to whom this territory is assigned with the rights of ownership, possession , use (including rent) and on other grounds.
An accident that occurs to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the mandatory participation of a representative of the employer on whose territory it was carried out.
An accident that occurs to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer at the victim’s main place of work about the results of the investigation.
The investigation of an accident that occurred as a result of a disaster, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the mandatory use of materials from the investigation of the accident, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, bodies of inquiry, investigative bodies and the owner of the vehicle.
Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim.
At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or 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.
If the accident was the result of operational violations affecting the provision of nuclear, radiation and technical safety at nuclear energy facilities, then the commission also includes a representative of the territorial body of the federal executive body exercising the functions of federal state supervision in the field of atomic energy use.
In the event of an accident that occurs in an organization or facility controlled by a territorial body of the federal executive body exercising control and supervision functions in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.
In case of a group accident with a death toll of five people or more, the commission also includes representatives of the federal executive body authorized to carry out state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the all-Russian association of trade unions .
The commission is headed by the head of the state labor inspection - the chief state labor inspector of the corresponding state labor inspection or his deputy for labor protection, and when investigating an accident that occurred in an organization or at a facility controlled by the territorial body of the federal executive body exercising control and supervision functions in in the field of industrial safety, is the head of this territorial body. ‹ Article 228.1 (Labor Code of the Russian Federation) Procedure for notification of accidents Up Article 229.1 (Labor Code of the Russian Federation) Time limits for investigating accidents ›
