Creating a commission to investigate the occupational illness of an employee of an organization is a rather complicated procedure. What is it, who is the chairman of this commission. What are the main goals of the commission, as well as the legislative basis for its activities.
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Legislation
Today, the activities of the commission to investigate occupational diseases are regulated at the legislative level. Regulatory legal acts certify the grounds, procedure and process of work of this body.
Among the main legislative acts the following should be highlighted:
- Decree of the Government of the Russian Federation, dated 2000 No. 967.
- Federal Law regulating the problem of registering diseases due to negative working conditions on a legal basis.
- Federal Law on the provision of benefits and privileges for citizens with occupational diseases.
For what purpose is it carried out?
To begin with, we should talk about the number and types of diseases established by Government Decree.
Among them are:
- acute occupational disease.
- an illness acquired at work and which has become chronic.
In the first case, this is an isolated case of deterioration in the employee’s health, for example, poisoning. It can cause the employee partial or complete disability.
In turn, a disease that has passed into the chronic stage presupposes an illness that arose as a result of prolonged exposure to negative factors on the employee’s body. This entails partial or complete disability of the person in the future.
The presence of an occupational disease in a particular person is identified by an employee of the medical institution to which the employee applied. The head of this institution notifies the employer about the presence of an occupational disease in a citizen.
If the disease is chronic, the maximum notification period is 3 days, and if an acute form is detected - on the day the disease is detected. In addition to the employer, it is also necessary to notify the management of the local branch of Rospotrebnadzor.
Confirmation of the announced diagnosis and identification of the causes of its occurrence is based on the creation of a special commission. In case of a chronic disease, it is created within 10 days, and in case of an acute form of the disease - within three days.
If an occupational injury has resulted in the injury of several workers or even the death of an employee, then a commission is created immediately, conducting an appropriate investigation.
Composition of the commission
The commission to investigate occupational diseases consists of five people.
Among which it should be noted:
- Head of Rospotrebnadzor.
- The head of the organization where the injured employee works, or an official representative of the enterprise.
- The doctor examined the employee.
- Trade union representative.
- Engineer of this enterprise for safety and labor protection.
If an employee is diagnosed with an occupational disease not at his main place of work, but during a business trip to another enterprise, the number of commission members increases. The head of the enterprise where the employee worked during the business trip is added.
The chairman of the commission is the head of Rospotrebnadzor. In cases where an enterprise was liquidated or reorganized for some reason, the order to create a commission is issued by an employee of Rospotrebnadzor, and the composition is also approved.
The form for the order to create a commission can be downloaded from the link.
Also, on the personal initiative of an employee who has been diagnosed with an occupational disease, it is possible to include the employee in the commission conducting the investigation.
In addition, an authorized person can act on his behalf, acting as a representative on the basis of a document certified by a notary.
To include an employee in the commission, an arbitrary application is drawn up and addressed to the chairman - head of Rospotrebnadzor. Important! The employee does not make decisions, has no voting rights, and does not sign the final inspection report.
Commission for occupational diseases
In the event of a confirmed medical diagnosis of an occupational disease, the employer assembles a commission to investigate the disease. The commission includes:
- employer representative;
- specialist responsible for labor protection;
- representative of a medical organization or workers' union.
The commission is headed by the chief physician of the State Sanitary and Epidemiological Supervision Service. The participation of other specialists in the investigation is not prohibited, if appropriate. The employer has the responsibility to create appropriate conditions for the normal conduct of the investigation.
As a result of the investigation, the commission makes a conclusion about the reasons that led to the disease, identifies the persons who committed violations that led to the disease, and develops measures for the prevention of occupational diseases.
Author of the article
Order of conduct
The performance of official duties of the commission is permitted only in accordance with instructions approved by the Government of the Russian Federation.
Thus, the employer has the following responsibilities:
- The commission must be presented with all the necessary documents that certify the working conditions of the employee, as well as his workplace.
- Preservation of equipment and all materials that the employee encountered and which will help identify the causes of the incident.
- Pay for medical examinations during the investigation from the enterprise budget.
The commission has the right to interview employees of the organization, as well as management, identifying the origins and cause-and-effect relationship of the event.
If inconsistencies are identified in the information received or mistrust is detected, it is possible to conduct a conversation with other members of the team, as well as with officials.
During the investigation, all information is recorded: protocols of discussions of all the details of the incident are drawn up, the results of the examinations of the conditions of the workplace and the working conditions of the worker are recorded, and extracts from the logs of tracking the implementation of safety instructions are drawn up.
The commission pays special attention to whether the employee was given special personal protective equipment; if the answer is positive, there must be documentary evidence.
The period of activity of the commission, as a general rule: 3 days. The result of the activity is an inspection report.
The document is drawn up in five copies according to the sample issued by the Government of the Russian Federation:
- directly to the sick employee;
- the head of the organization;
- the medical institution where the employee was examined;
- regional division of the Social Insurance Fund;
- Head of the Rospotrebnadzor department.
This act does not act as confirmation or refutation of the diagnosis made by the doctor. It contains the grounds according to which the disease (injury) appeared, and indicates the time period of exposure to negative labor factors on the employee.
A list of persons through whom harm was caused to the employee’s health in one way or another is also indicated. In cases where the guilt of the victim himself is established, as a result of which this led to injury or illness, the act indicates the degree of guilt of the employee in percentage terms.
A blank act form is possible.
The act is signed by all parties to the investigation (listed above), and approved by the head of Rospotrebnadzor, that is, by the one who heads the commission to investigate the occupational disease.
The head of the enterprise receives one month, during which he receives this act, studies it and either agrees or submits a counter-complaint to challenge the document to the following higher authorities: the branch of Rospotrebnadzor, the regional labor inspectorate, the local Social Insurance Fund or the judicial authority.
Important! The materials of each industrial accident are stored in the Rospotrebnadzor database for 75 years.
Confirmation by the commission of the fact of injury or occupational disease guarantees the employee state financial support and assistance, as well as benefits directly from the employer.
An employee who has contracted an occupational disease has the right to a one-time benefit due to damage to health caused by working conditions and subsequent temporary or complete disability. The amount of the benefit depends on the employee's salary.
It is also possible to receive a disability benefit or pension.
In addition, the right to receive additional leave is noted, and when submitting an application to the trade union, a free trip to a medical sanatorium.
Who heads the commission of inquiry into occupational disease in 2021
Creating a commission to investigate the occupational illness of an employee of an organization is a rather complicated procedure. What is it, who is the chairman of this commission. What are the main goals of the commission, as well as the legislative basis for its activities.
Today, the activities of the commission to investigate occupational diseases are regulated at the legislative level. Regulatory legal acts certify the grounds, procedure and process of work of this body.
Among the main legislative acts the following should be highlighted:
- Decree of the Government of the Russian Federation, dated 2000 No. 967.
- Federal Law regulating the problem of registering diseases due to negative working conditions on a legal basis.
- Federal Law on the provision of benefits and privileges for citizens with occupational diseases.
For what purpose is it carried out?
To begin with, we should talk about the number and types of diseases established by Government Decree.
Among them are:
- acute occupational disease.
- an illness acquired at work and which has become chronic.
In the first case, this is an isolated case of deterioration in the employee’s health, for example, poisoning. It can cause the employee partial or complete disability.
In turn, a disease that has passed into the chronic stage presupposes an illness that arose as a result of prolonged exposure to negative factors on the employee’s body. This entails partial or complete disability of the person in the future.
The presence of an occupational disease in a particular person is identified by an employee of the medical institution to which the employee applied. The head of this institution notifies the employer about the presence of an occupational disease in a citizen.
If the disease is chronic, the maximum notification period is 3 days, and if an acute form is detected - on the day the disease is detected. In addition to the employer, it is also necessary to notify the management of the local branch of Rospotrebnadzor.
Confirmation of the announced diagnosis and identification of the causes of its occurrence is based on the creation of a special commission. In case of a chronic disease, it is created within 10 days, and in case of an acute form of the disease - within three days.
If an occupational injury has resulted in the injury of several workers or even the death of an employee, then a commission is created immediately, conducting an appropriate investigation.
The commission to investigate occupational diseases consists of five people.
Among which it should be noted:
- Head of Rospotrebnadzor.
- The head of the organization where the injured employee works, or an official representative of the enterprise.
- The doctor examined the employee.
- Trade union representative.
- Engineer of this enterprise for safety and labor protection.
If an employee is diagnosed with an occupational disease not at his main place of work, but during a business trip to another enterprise, the number of commission members increases. The head of the enterprise where the employee worked during the business trip is added.
The chairman of the commission is the head of Rospotrebnadzor. In cases where an enterprise was liquidated or reorganized for some reason, the order to create a commission is issued by an employee of Rospotrebnadzor, and the composition is also approved.
Also, on the personal initiative of an employee who has been diagnosed with an occupational disease, it is possible to include the employee in the commission conducting the investigation.
In addition, an authorized person can act on his behalf, acting as a representative on the basis of a document certified by a notary.
To include an employee in the commission, an arbitrary application is drawn up and addressed to the chairman - head of Rospotrebnadzor. Important! The employee does not make decisions, has no voting rights, and does not sign the final inspection report.
Order of conduct
The performance of official duties of the commission is permitted only in accordance with instructions approved by the Government of the Russian Federation.
Thus, the employer has the following responsibilities:
- The commission must be presented with all the necessary documents that certify the working conditions of the employee, as well as his workplace.
- Preservation of equipment and all materials that the employee encountered and which will help identify the causes of the incident.
- Pay for medical examinations during the investigation from the enterprise budget.
The commission has the right to interview employees of the organization, as well as management, identifying the origins and cause-and-effect relationship of the event.
If inconsistencies are identified in the information received or mistrust is detected, it is possible to conduct a conversation with other members of the team, as well as with officials.
During the investigation, all information is recorded: protocols of discussions of all the details of the incident are drawn up, the results of the examinations of the conditions of the workplace and the working conditions of the worker are recorded, and extracts from the logs of tracking the implementation of safety instructions are drawn up.
The commission pays special attention to whether the employee was given special personal protective equipment; if the answer is positive, there must be documentary evidence.
The period of activity of the commission, as a general rule: 3 days. The result of the activity is an inspection report.
The document is drawn up in five copies according to the sample issued by the Government of the Russian Federation:
- directly to the sick employee;
- the head of the organization;
- the medical institution where the employee was examined;
- regional division of the Social Insurance Fund;
- Head of the Rospotrebnadzor department.
This act does not act as confirmation or refutation of the diagnosis made by the doctor. It contains the grounds according to which the disease (injury) appeared, and indicates the time period of exposure to negative labor factors on the employee.
A list of persons through whom harm was caused to the employee’s health in one way or another is also indicated. In cases where the guilt of the victim himself is established, as a result of which this led to injury or illness, the act indicates the degree of guilt of the employee in percentage terms.
The act is signed by all parties to the investigation (listed above), and approved by the head of Rospotrebnadzor, that is, by the one who heads the commission to investigate the occupational disease.
The head of the enterprise receives one month, during which he receives this act, studies it and either agrees or submits a counter-complaint to challenge the document to the following higher authorities: the branch of Rospotrebnadzor, the regional labor inspectorate, the local Social Insurance Fund or the judicial authority.
Important! The materials of each industrial accident are stored in the Rospotrebnadzor database for 75 years.
Confirmation by the commission of the fact of injury or occupational disease guarantees the employee state financial support and assistance, as well as benefits directly from the employer.
An employee who has contracted an occupational disease has the right to a one-time benefit due to damage to health caused by working conditions and subsequent temporary or complete disability. The amount of the benefit depends on the employee's salary.
It is also possible to receive a disability benefit or pension.
In addition, the right to receive additional leave is noted, and when submitting an application to the trade union, a free trip to a medical sanatorium.
Deadlines
The time frame for the formation of the commission, as well as the beginning of the investigation, depends on the form of injury:
- In the event of an acute illness, a commission is created as soon as possible, within 24 hours from the moment the manager is notified of the deterioration in the employee’s health.
- In case of a chronic disease, notification and creation of a commission occurs within 10 days.
The action of the commission is also limited by time frame, usually three days. However, in cases of group illness or death of an employee, the period may increase to 15 days.
Thus, a commission to investigate an employee’s occupational diseases is created at the enterprise where the accident occurred. Members of the commission, led by the chairman - head of Rospotrebnadzor, examine all the intricacies and causes of the disease, as a result of which they issue an act.
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Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
Source: https://juristampro.ru/kto-vozglavljaet-komissiju-po-rassledovaniju-professionalnogo-zabolevanija/
Deadlines
The time frame for the formation of the commission, as well as the beginning of the investigation, depends on the form of injury:
- In the event of an acute illness, a commission is created as soon as possible, within 24 hours from the moment the manager is notified of the deterioration in the employee’s health.
- In case of a chronic disease, notification and creation of a commission occurs within 10 days.
The action of the commission is also limited by time frame, usually three days. However, in cases of group illness or death of an employee, the period may increase to 15 days.
Thus, a commission to investigate an employee’s occupational diseases is created at the enterprise where the accident occurred. Members of the commission, led by the chairman - head of Rospotrebnadzor, examine all the intricacies and causes of the disease, as a result of which they issue an act.
Employee benefits
A worker who has acquired an occupational disease as a result of harmful industrial exposure has the right to claim:
- a benefit paid once due to temporary or complete inability to carry out work;
- disability benefits.
The amount of payments depends on the degree of the disease, determined based on the results of a medical and social examination.
Also, citizens with occupational diseases have the right to take advantage of:
- additional annual leave;
- a free annual voucher for sanatorium-resort treatment, if the need for such is determined by the attending physician;
- travel free of charge once every 12 months to the place of treatment or rehabilitation.
Labor law
