Form 9. Journal of industrial accidents

I described in detail how to start investigating a minor accident on the first day here.

In the same note, I will share what to do next when you already have a medical report on the severity of the victim and an order to create a commission.

There is very little time

- only three days, so below is a specific action plan from my experience and the procedure for investigating a minor accident at work according to the letter of the law. Get to work!

Rules for document preparation

Documentation of an industrial accident is regulated by the norms of the Labor Code of the Russian Federation and regulations of the Ministry of Labor.

Recording an incident begins with a memo from the head of the department (shop, site, etc.) where the incident with signs of an accident took place, addressed to the head of the enterprise.

How to register correctly

Note! It is the memo that becomes the basis for the manager to issue an order to conduct an investigation into the incident.

In turn, the investigation process produces an official verdict as to whether the incident truly constitutes an industrial accident. The fact is that an employee may receive bodily injuries at the workplace that are in no way related to work, then this fact must be reported to the police. Documentation of the incident must be carried out by police officers so that the victim cannot unlawfully link the incident with the performance of work duties, which is contrary to the legitimate interests of the employer.

All documentation related to the investigation is drawn up in accordance with approved forms on the appropriate forms.

Important! If the injured person refuses claims for personal injury and is ready to provide the employer with a written refusal of the investigation, that manager is still obliged to ensure that it is carried out with proper documentation.

The employee’s refusal of claims can be included in the package of incident materials as one of the confirmations of the victim’s guilt - the employer’s innocence. In turn, the lack of documentation about the incident and the failure to conduct an investigation are not only a violation of legal acts on labor protection, but can also serve as a reason for a court decision in favor of the injured employee if he files a statement of claim and claims that he signed a waiver of the investigation under pressure .

Trial

An employer risks losing a lawsuit on an employee's claim for compensation for an industrial accident if an investigation is not carried out to establish the guilt of the victim

Finding the victim guilty means that the incident is not an insured event and the employee is not due compensation from the Social Insurance Fund.

Having established the fact of an industrial accident, before completing the paperwork based on the results of the investigation, you need to notify the administration of the urban / rural settlement and territorial authorities about the incident:

• prosecutor's office;
• Rostruda;
• FSS.

Notifications are sent within 24 hours from the moment the incident is recorded. If the victim is an employee of a third-party company, you must notify his employer in writing. If an incident occurs at a supervised facility, the industry control body must also be notified.

The procedure for registering a report on an industrial accident in form N-1

The report on an industrial accident N-1 is the most important document that formalizes this fact.

Accident at work

Act N-1 must certainly contain complete data:

• about the date of the incident;
• about the employer;
• about the victim/victims;
• about the members of the commission;
• about the official responsible for labor protection at the enterprise;
• on occupational safety instructions.

If the employee suffered partly through his own fault, its form and degree are determined as a percentage. The percentages are established based on the results of a special medical and social examination at the place of provision of medical care to the person.

Additional Information! The act also includes measures that the employer must take to prevent similar incidents in the future, and the timing of their adoption.

The act is drawn up in the number of copies required for:

• referrals to each victim;
• storage in the employer’s archive along with other materials on the incident;
• sending to the FSS if compensation is due to victims;
• sending to the victim’s place of work if he is in an employment relationship with a third-party organization.

The employer company must keep documentation of the accident for forty-five years from the date of registration.

Below is a sample of act N-1:

First page

Second page

Third page

The procedure for filling out the accident register

Since keeping a journal is required by law, there is also a unified form, approved - Form No. 9. There are general requirements for maintaining records:

• all pages must be numbered;
• The magazine must be laced, the number of sheets indicated and secured with the seal and signature of the responsible person;
• sealing is required; without it, the journal will not have legal force;
• skipping lines is not allowed;
• corrections are extremely undesirable, but if a mistake was made, it must be corrected according to all the rules - neatly and legibly, certified by the inscription “Believe the corrected”, the seal and signature of the responsible person;
• Only documented information is entered;
• an entry about the incident is entered into the journal only after its investigation is completed; information is taken from the report, which must be drawn up within at least three days.

note

Employers hold corporate parties on various occasions - public holidays, professional events, company birthdays. Employees may be injured at such an event. Will they be production and what should the company expect in such a non-holiday situation?

The statement is presented in tabular form with columns that are clear enough to fill out. Log filling algorithm:

Step 1. Fill out the title page - the full name of the enterprise, the start date of the journal and its end date. It is worth starting a log immediately after the company starts operating, without waiting for the first incident. Even if there are none at all, the log should be available for checks.

Step 2. Fill out the main part of the log if there is an accident. Each incident is assigned a serial number.

Step 3. Indicate the actual date and time of the NS.

Step 4. Specify the name of the injured employee and his date of birth.

Step 5. Indicate the position of the victim that he held at the time of the incident.

Step 6. Determine the location where the accident occurred as accurately as possible - city, street, house, office or office number.

Step 7. Indicate the type of incident - imperfections or non-compliance with the technological process, equipment malfunction, etc. The information is copied from the act, without additions.

Step 8. Make a brief description of the circumstances of the incident in chronological order, omitting unnecessary details and emotional assessment of the event.

Step 9. Indicate the details of the accident report. The date of signing the act is recorded, but not the date of its preparation.

Step 10. Describe the consequences of the emergency for the victim (number of days on sick leave, disability, death, etc.)

Step 11. Clarify what measures were taken by the enterprise to eliminate the consequences of the emergency and prevent similar incidents from happening in the future (installation of new equipment, additional safety training, etc.).

What documents are compiled during the investigation?

The law obliges employers who are manufacturers of products to create a special document - a logbook for recording accidents at work, where the relevant information must be entered. Here they are recorded upon completion of the investigation, after receiving the conclusion of the Rostrud inspector.

What document is used to document an industrial accident?

Fatal industrial accident

In addition to recording in the specified logbook and Act N-1, the fact of an industrial accident is documented:

• protocol for examining the scene of the incident;
• protocols of interviewing the victim and/or (if available) eyewitnesses;
• doctors' conclusions about the injuries suffered by the employee;
• act of medical examination (if carried out);
• a medical certificate confirming the diagnosis of the victim of the incident.

Important! In particularly serious cases, an incident investigation report must also be drawn up.

Such cases include:

• group;
• heavy;
• resulting in the death of one or more victims.

Note! After the victim’s recovery or a month after the investigation into the fatal incident is completed, another one must be added to the package of documents, dedicated to the consequences (see below).

The above list of papers is not exhaustive. The commission investigating the accident has the right to include in its materials any documents related to the incident:

• about the condition of equipment/tools that caused injuries while working with them;
• about the victim’s completion of occupational safety training;
• on providing the employee with protective equipment, if provided for by working conditions;
• about the conclusions of experts involved in the investigation.

Note! If two or more employees became victims of the incident, documents must be made for each person separately, since the nature of the injuries and the circumstances of the incident will differ for them.

What cases are observed

An injury is considered industrial if it was received at the workplace, while traveling to it (or on the way back) using transport provided by the employer (or in your own car by agreement of the parties), as well as on a business trip.

The following persons take part in production activities:

• employees performing duties under an employment contract;
• employees undergoing training and retraining under an apprenticeship contract;
• students undergoing internship;
• members of peasant farms and production cooperatives;
• convicts forced to work;
• citizens assigned to community service;
• persons suffering from mental disorders who participate in labor activities.

All injuries acquired during the performance of official functions by the citizens listed above are subject to investigation and recording under the Labor Code. The employer must organize an investigation to determine whether the incident is work-related.

Depending on the severity of the injuries received, the circumstances and nature of the incident, emergency situations are divided into:

• mild, classified by the Ministry of Health as mild and moderate in severity;
• heavy;
• fatal;
• group, in which more than one person was injured;
• group with serious consequences, when more than one person suffered serious health injuries or died.

The law provides for compulsory insurance against work-related injuries. The insured person must be compensated for the harm caused, paid for treatment and provided with social and professional rehabilitation.

Where are industrial accidents recorded in special situations?

Types of accidents at work

Special cases involving additional documentation are:

• acute poisoning, which requires, in addition to the above supervisory authorities, to notify the Sanitary and Epidemiological Supervision Service in writing;
• injuries with consequences - this means serious harm to health or death. Imposes on the head of the enterprise the obligation to include representatives of trade unions and other non-governmental organizations in the work of the commission to investigate the incident;
• group injuries on a ship. In this situation, the captain of the ship must immediately notify the owner of the ship, who is responsible for urgently sending notifications to all supervisory authorities. If the emergency took place in foreign territorial waters, the captain is also obliged to ensure that information about the incident is transmitted to the Russian embassy/consulate. If crew members of a ship using nuclear fuel are injured, the shipowner additionally notifies the atomic supervisory authority.

Fact of accident

Accident investigation

If an accident occurs in an organization, the employer is obliged to ensure that such an incident is investigated at his own expense (Part 2 of Article 229.2 of the Labor Code of the Russian Federation).

Immediately create a commission to investigate. The number of commission members must be at least three (Part 1 of Article 229 of the Labor Code of the Russian Federation). In all cases, the commission must consist of an odd number of members (clause 8 of the Regulations approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73). The commission should include:

• an occupational safety specialist or a person appointed responsible for occupational safety;

• employer representatives (for example, manager);

• representative of a trade union or other representative body of employees (if there is one in the organization).

This is stated in Part 1 of Article 229 of the Labor Code of the Russian Federation.

If two or more people were injured, a serious accident occurred, or the victim died, the commission must also include:

• state labor inspector;

• representatives of executive authorities of a constituent entity of the Russian Federation or local government (as agreed);

• representatives of the territorial association of trade union organizations;

• representatives of the territorial branch of the FSS of Russia (if an accident occurred with an insured citizen).

When investigating such accidents, as a rule, the chairman of the commission is a state labor inspector.

This procedure is established by part 2 of article 229 of the Labor Code of the Russian Federation and paragraph 1 of the Regulations approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 324.

If the victim is an employee of another organization (for example, is on a business trip), then the commission will be formed by the organization on whose territory the accident occurred. In this case, the commission must include an authorized representative of the employer of the injured employee, that is, the organization that sent him on a business trip. The absence of such an authorized representative or his untimely arrival does not affect the change in the timing of the investigation. This procedure follows from the provisions of Part 5 of Article 229 of the Labor Code of the Russian Federation and is explained in the letter of the Ministry of Labor of Russia dated February 14, 2013 No. 14-2-291.

The commission cannot include employees (other persons) who are entrusted with ensuring labor safety requirements in the area where the accident occurred (Part 3 of Article 229 of the Labor Code of the Russian Federation).

Approve the composition of the accident investigation commission by order in any form (Part 3 of Article 229 of the Labor Code of the Russian Federation).

The following persons take part in the investigation of an accident that occurred at an employer-entrepreneur:

• the employer or his authorized representative;

• the victim's confidant;

• a labor protection specialist who can be hired on a contract basis.

This is provided for by Part 4 of Article 229 of the Labor Code of the Russian Federation.

If an accident occurs to an employee at the place of work where he works part-time, the situation is investigated and taken into account at the place of work part-time (Part 8 of Article 229 of the Labor Code of the Russian Federation).

An accident that occurred as a result of a vehicle accident is investigated with the mandatory use of accident investigation materials (Part 9 of Article 229 of the Labor Code of the Russian Federation).

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.

Responsibility for the absence of a log

A log should be maintained in every organization. The degree of responsibility for failure to keep a journal is determined by Article No. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for fines:

• from 1,000 to 5,000 rubles for an individual;
• from 30,000 to 80,000 for a legal entity.

Similar sanctions are imposed on the employer and the person responsible for maintaining the register if the document is not properly executed and completed.

There is some confusion about log retention periods. The Labor Code calls for keeping it for 45 years, while the List of Archival Documents states that the magazine must be kept permanently. To avoid difficulties, it is more advisable to listen to the second regulatory act and leave the journal in the organization for permanent storage.

After the victim recovers

After the victim has recovered from a fracture or other injury and returned to work, the responsible person draws up a message about the consequences (on Form 8), which he sends:

• to the territorial body of Rostrud;
• to the industry control body (if any);
• in ter. FSS body, if it will pay compensation.

If the victim became disabled or died, the notification is sent one month after the investigation is completed.

Thus, for registering an accident at work, there are regulations established by law. The form depends on the specific features of a particular case.

How to store

As long as the enterprise exists, the tax registration log must be kept there, but not more than 45 years. Its presence allows you to resolve controversial situations that arise between the company and the employee or the inspection body.

A long shelf life is needed because the consequences of injury can appear after 20 years or even later.

If desired, the victim can familiarize himself with the information contained in the incident investigation log.

If the organization is liquidated before the expiration of 45 years, the documents are transferred to the state archive.