Article 229.3 of the Labor Code is devoted to the investigation of accidents mentioned in Chapter. 36 Labor Code, state labor inspectors. Their involvement is possible if shortcomings were identified in earlier proceedings, as well as in some other situations.
Labor Code of the Russian Federation
dated December 30, 2001 N 197-FZ
Full text of the article, guides, additional information - in ConsultantPlus
Investigation of industrial accidents
Rules for using services and information
users of the electronic services system “Onlineinspection.rf”
The rules for the use of services and information by users (hereinafter referred to as the Rules) of the system of electronic services “Onlineinspektsiya.rf” (hereinafter referred to as the System) apply to all electronic services of the System, without exception, accessed through sections and pages of the Internet portal https://onlineinspektsiya. RF (hereinafter referred to as the Portal). These Rules govern the behavior of all, without exception, registered users in the System and unregistered visitors to the Portal.
1. Terms and concepts used in these Rules
1.1 These Rules use the following terms and concepts:
System – system of electronic services “Onlineinspektsiya.rf”.
Services are basic and additional tools offered to the User for interaction with authorities.
The portal is an information resource created for the purpose of interaction of citizens with the System, located on the Internet at the address: https://onlineinspektsiya.rf.
The portal administration is officials of the Federal Service for Labor and Employment and representatives of the contractor under the state contract for the provision of technical support of the Portal, who carry out the operational management of the Portal.
User – a person registered on the Portal who is invited to use the services provided by the Portal.
Moderator is a representative of the portal Administration who processes user messages.
Moderation is the process of processing and analyzing the compliance of the User’s message with the provisions of these Rules for the use of services and information by users of the online services system “Onlineinspektsiya.rf” and the User Agreement.
2. General rules
2.1. To access the publication of messages on the Portal (discussions, comments, questions and use of any other means of interaction between the User and the System), each Portal User must read and agree with these Rules.
2.2. After reading the texts of the Rules of Use and the User Agreement, confirming agreement with them on the registration page or sending a message, each User, by these actions, enters into an agreement with the Portal Administration to regulate their relationship.
2.3. The Portal Administration has the right to carry out moderation through representatives of the Portal Administration - moderators.
2.4. These Rules may be amended by amending the relevant order of the Federal Service for Labor and Employment.
3. User registration
3.1. The Portal has a user registration system. Only registered users have the opportunity to interact interactively with the System services.
3.2. To register on the Portal, the User specifies a valid email address - notifications about the current status of published messages (appeals) will be sent to it, and selects a conditional User name (“nickname”).
3.3. When registering a User, the System requests a password for the login being registered. This password must be known only to the User and must not be disclosed to third parties. The password used can be changed by the User in a special section of the Portal – User Profile.
3.4. When registering a User, the System initiates the authorization process by sending an SMS message with an activation code to the User’s phone number specified during registration. The received password must be entered in a special field in the window that opens. Only after entering the password will the account be activated.
3.5. For users who have an account on the Public Services Portal (https://www.gosuslugi.ru/), the opportunity to authorize using the login and password for this account is provided. If registration is carried out using this method, verification via SMS message is excluded.
4. Publication of appeals
4.1. Each registered User can publish an appeal.
4.2. Appeals are published in accordance with the proposed classifier of problem categories.
4.3. To create a request, you must fill out the request form. In the application form, the User must indicate his real data.
4.4. The user must fill in the following fields about himself as an applicant:
— the applicant’s residential address;
— last name, first name, patronymic (if any) of the applicant;
— the applicant’s mobile phone number (if there is no mobile phone required when registering in the System, the applicant has the right to submit an application directly to the email address of the territorial body of Rostrud. The list of territorial bodies of Rostrud is posted on the unified information portal of the Federal Service for Labor and Employment on the Internet "(https://rostrud.ru/). If the User has not previously registered on the Portal, an activation code will be sent to this specified phone number, which must be entered in a special field in the window that appears in order to activate the User’s account and contact him ;
— email address to which notifications about the progress of solving the problem will be sent.
The Portal Administration ensures non-disclosure to third parties of all user data entered during the registration process, except for cases stipulated by the User Agreement.
4.5. The user must fill in the following fields about the place of work:
- region, city and exact actual address of the organization of which he is an employee;
— information about the organization: name, legal form, legal address, information about the director;
— information about your position and period of work;
— information about third parties whose mention is required to fully describe the problem.
4.6. The user needs to fill in the following fields about his problem:
— explanations of the current situation;
— photographic materials.
Information entered in the “Explanation of the current situation” field becomes public and should be of a general nature. In this field it is prohibited to mention the personal data of third parties. If the applicant violates this paragraph of the rules, the User himself is responsible for the publication of information.
Photographic materials are classified information by default and can be published publicly at the discretion of the User.
4.7. Before sending the application, the User agrees with these Rules for the use of services and information by System users and accepts the agreement on the processing of personal data. In case of disagreement with these conditions, each User has the right to refuse to use the resource and use other types of communication offered on the official resources of the department.
4.8. The Portal uses post-moderation of messages. Messages are published immediately after they are posted by users and, if they violate these Rules, they are deleted, or the moderator sends a letter to the User with a request to eliminate the violation.
4.9. Reasons for refusal to publish a message or proposal to make adjustments:
- ignoring spelling rules and profanity, the message is not written in the state language of the Russian Federation or contains a large number of spelling and syntax errors, is written in capital letters, contains profanity, including in a veiled form;
- the lack of a logical connection between the sentences in the address, which does not allow one to understand the general meaning of the described case;
— extremism, discrimination (in all forms: racial, ethnic, age, gender, religious, social, etc.);
- commercial purposes and advertising - if, in the opinion of the moderator, the published information is directly or indirectly aimed at making a profit;
- insufficient description or unfounded accusations - the moderator reserves the right to reject a case if the information specified in it does not allow us to draw a conclusion about an existing offense;
— cases in which there is no specific indication of the problem and there are questions of a rhetorical nature are not moderated;
— cases that do not correspond to the category chosen by the User are not moderated;
— messages that duplicate previously published messages are not moderated (the text of the message completely repeats the text of the previous message, that is, it does not contain new information).
4.10. The user can familiarize himself with the response to the published appeal in his personal account, having previously completed authorization on the Portal.
Thank you for your attention and understanding!
An accident that was reported late by an employee
An accident that was reported late by an employee
Main
- Don't wait for the employee to report before conducting an accident investigation.
- Include a representative of the FSS of Russia in the commission
- Find out from the medical institution where the victim was treated the severity of his injuries
- Complete the investigation in one month
The law requires an investigation into an accident that was not immediately known if the victim writes a statement. But if a statement is not received, the employer is tempted to do nothing and hide the incident.
339hidden accidents
identified by Rostrud in the first half of 2021, of which 161 were severe
According to Rostrud statistics, the GIT inspection finds up to 800 hidden accidents per year. Then inspectors conduct an additional inspection and fine the employer.
We will tell you what to do in a situation where information about an accident was received late, and what features to pay attention to during the investigation of such a case.
What happens if you don't investigate?
Employers who do not investigate accidents are confident that nothing serious will happen. In practice, such inaction will be classified as concealment of an insured event.
When the inspector finds out that the employer did not investigate the accident, he will open an administrative case under Article 15.34 and Part 1 of Article 5.27 of the Code of Administrative Offenses. Under the first article, the fine will be from 5,000 to 10,000 rubles, under the second - from 30,000 to 50,000 rubles. And if the inspector finds violations of labor protection requirements, he will additionally fine both the company and the manager. In total, the fine can be up to 500,000 rubles.
How to Investigate
Since the penalties are serious, we offer a safe course of action for an employer when an employee reports an accident after treatment.
Step 1. Determine the severity of the disease
Send your request to the medical facility where the employee was treated. Doctors are required to immediately provide an official response - a certificate in form 315/u (approved by order of the Ministry of Health and Social Development of Russia dated April 15, 2005 No. 275). From it you will find out what category of severity the employee’s injury belongs to and what diagnosis he was given.
Request to a medical institution
This information is needed to understand which authorities need to be notified about an industrial accident and who should be included in the investigation commission.
Information about the diagnosis will help in the future if a dispute arises with the employee about compensation for treatment and compensation for moral damage.
Step 2: Notify authorities of the accident
Within 24 hours of becoming aware of the accident, notify the authorities. In case of a minor accident, go to the territorial branch of the FSS. And in case of a group, serious or fatal outcome - to the Social Insurance Fund, State Tax Inspectorate, the prosecutor's office at the scene of the incident and other authorities (Article 228.1 of the Labor Code of the Russian Federation). Send notification of an accident at work using any available means of communication (figure). Please indicate how you learned about the accident.
note
During data reconciliation, all medical institutions notify the State Inspectorate on sick leave with code 04 - “industrial accident and its consequences”
How to notify the FSS about an accident (move the cursor over the circle)
Call the FSS office back and make sure the message was received. Print out the message and write on it who received it. After you send the message, call back and check if it was received. Write down on the message the information of the employee who received the fax. Make two copies of the message. Submit one to the Social Insurance Fund, keep the other with an acceptance mark in your organization
Covering letter to the FSS
Step 3: Conduct an Accident Investigation
If the employee did not immediately notify the employer about the accident, conduct an investigation within one month. The countdown begins from the day when the victim wrote a statement or provided a sick leave with code 04 (Part 2 of Article 229.1 of the Labor Code of the Russian Federation)
Create a commission to investigate the accident. To do this, issue an order.
note
The commission should always consist of an odd number of people (clause 8 of Appendix 2 to Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73)
If a minor accident occurs, include a labor safety specialist, representatives of the employer, the Social Insurance Fund and the trade union on the commission. When there is no trade union at an enterprise, employees have the right to nominate their representative. You may not include an FSS employee in the investigation commission if you have received an official refusal from the Fund (Article 18 of Federal Law No. 125-FZ of July 24, 1998). The chairman can be the head of the organization, his deputy or the head of one of the departments.
If a serious accident occurs, group or fatal, the commission will be headed by a GIT inspector or a representative of Rostechnadzor. The commission also includes a labor protection specialist, a representative of the employer and other persons specified in Article 229 of the Labor Code of the Russian Federation.
What tasks do the commission members have, and what documents do they collect (move your cursor over the circle)
Lawyer. Helps to understand labor legislation Representative of the Federal Social Insurance Fund of Russia. Gives recommendations on how to prevent injuriesChairman of the commission. Monitors the progress of the investigation Occupational safety specialist. Collects the necessary documents: instructions, magazines, etc. Trade union representative. Defends the rights of the victim Protocols of interviews with the victim, eyewitnesses and officials Logbooks for registering briefings and protocols for testing knowledge Medical report in form 315/u Recordings from CCTV cameras Order on the creation of a commission to investigate the accident Instructions for labor protection of the victim
During the investigation, the commission interviews the victim and witnesses to the accident. This needs to be done as soon as possible: over time, a person may forget important information.
Unlike an investigation in a standard situation, it will be more difficult to collect evidence about the incident after a while. For example, it is not possible to draw up a protocol for examining the scene of an incident or take photographs and videos. But if the enterprise has CCTV cameras, then recordings from them will help establish the sequence of events before, during and after the incident.
Completed sample of act N-1 (extracts)
To prevent similar accidents from occurring at the enterprise in the future, conduct unscheduled training for employees of the department in which the accident occurred. Other preventive measures depend on the causes of the incident. This could be extraordinary training on labor protection for specialists, installation of protective fences, purchase or issuance of personal protective equipment, etc.
