Labor protection plays a very important role in the workplace. Even with strict adherence to all instructions, an accident may occur. Abnormal situations occur very often. As a rule, the leader is responsible for the occurrence of such cases. This can be either a sudden deterioration in the health of an employee or an injury resulting in death. The leader must properly organize a commission of inquiry. How registration takes place and who is responsible for deaths at work - we will consider further.
Accidents
Consider what cases are called industrial accidents. These are events in which production workers took part, who received various injuries, injuries, possibly from third parties. This may include:
- Overheat.
- Injury to the body as a result of a strong decrease or increase in temperature.
- Drowning.
- Electric shock.
- Injuries from the destruction of structures, structures.
- Natural disasters.
Here are just some of the accidents to be investigated and recorded, especially if they entailed the death of an employee. All accidents must be notified to the head of the enterprise.
Fatal emergency
Unfortunately, industrial deaths also occur. Although the rules of safety and labor protection are given great attention. The reasons may be different:
- Non-compliance with safety regulations.
- Violation of the production process.
- Non-compliance with working conditions.
- Sudden deterioration in health.
- Defective equipment.
In any case, a commission should be appointed. How should a leader act if there is an accident with a fatal accident at work?
Manager’s actions
There is a special provision that establishes the procedure for how to conduct an investigation if a work-related death occurs.
The head is obliged:
- Save and record the situation.
- Notify government agencies.
- Notify relatives.
- Get an opinion at a medical facility.
- Organize a commission conducting an investigation.
- Correctly draw up documentation in a timely manner.
- Track the payment of compensation to relatives and wages of the deceased.
All these actions are established by the norms of Art. 227 of the Labor Code of the Russian Federation.
First steps
First of all, you need to know the head, if there was a fatal accident at work, what to do. Firstly, for an objective investigation it is necessary to maintain the situation that was during the tragedy. To do this, there are a number of actions:
- Protect the territory.
- Employees and anyone should not touch or move objects in the place of what happened.
- Photo or video recording is allowed.
Materials must be transferred to the commission. The preservation of all details of the situation in the future may justify or prove the guilt of certain persons.
Who needs to be notified
There are a number of instances that need to be notified about what happened. These include:
- State Labor Inspectorate.
- FSS.
- The administration of the municipality.
- Prosecutor's office.
- Regional trade union.
- Rospotrebnadzor, if the cause was poisoning.
- Rostechnadzor, if the incident occurred at a hazardous facility.
If an accident occurs at the production site, the manager is obliged to notify all of the above instances. It is important to send a notice of a fatal accident at work within the deadlines set by the state. Form 1 is filled directly by the head of the enterprise. The date and time of transmission of the notice at the bottom of the document and the data of the person who received it are fixed.
The company's management informs the relatives of the deceased. Relatives can also attend a meeting of the commission of inquiry, but do not have the right to be part of it.
The head of the enterprise must have a medical report for the cause of death of the employee for investigation. It should also indicate the state of the deceased before the incident. Perhaps he was drunk or unwell. It may also affect the progress and results of the investigation.
Commission and investigation
The commission must conduct an investigation. It should be created and organized by the production manager with employees of state bodies. Instead of a leader, there may be a representative. After the formation of the commission, which includes representatives of state bodies, an order is issued on its composition. The chairman is appointed by the representative of Rostekhnadzor or the labor inspector. It is forbidden by law to allow the participation in the commission of a labor protection specialist or the head of a department or section where an accident has occurred.
An investigation into a fatal industrial accident should be conducted within 15 days. The term may be extended or shortened.
The Commission establishes:
- Under what circumstances was a disaster.
- What are the reasons for what happened.
- Was the deceased at the time of the event busy with the production process, the performance of official duties.
- It is established whether the incident is related to production or not production.
- Identifies persons who have committed a violation of labor protection standards. If the case is a production one.
- Establishes the measures that must be taken so that industrial accidents do not occur in the future.
At the end, the commission draws up an act of investigation.
What documents are filled out
Death at work requires filling out a number of documents:
- A forensic medical expert issues an official opinion on the cause of death of an employee.
- Document on the passage of honey. survey, a copy of it.
- The protocol of inspection of the place of the tragedy is filled. Photos and videos are included, if any.
- Protocol interviewing witnesses of the event.
- Confirmation that the deceased was instructed in safety and labor protection, as well as copies of documents.
Acts are filled out in form N-1 and form 4. Originals are transmitted within three days after the investigation is completed to the following authorities:
- GIT.
- FSS.
- Union.
- To the head.
- To the prosecutor’s office.
- Administration representative.
The act in the form of N-1 is transmitted to the relatives of the deceased. The manager records fatal cases at work in a special register.
Head Responsibility
The Labor Code of the Russian Federation contains the 10th section, which defines the conditions of labor protection. Art. 227 of the Labor Code of the Russian Federation establishes the following standards:
- How to investigate and record incidents at enterprises.
- A list of incidents and possible harm to health that should be investigated.
- Methods and working procedures of the commission of inquiry.
- Terms of investigation.
- The procedure for processing documentation.
- The actions of the leader and his responsibility.
- Notification of the necessary authorities.
The head of the enterprise in case of injury at the workplace by the employee is criminally liable if:
- Non-observance of labor protection standards has led to serious injuries.
- Labor protection requirements were violated, which led to the death of one or more employees.
If a fatal industrial accident occurs, the criminal supervisor is not liable if:
- An employee was not injured during work hours.
- Injuries received at work, but not related to the performance of official duties.
- The case was due to a worker. This must be proved by the commission created.
Criminal liability is governed by the provisions of Art. 143 of the Criminal Code. If death at work occurs, the manager may be held liable in the form of imprisonment for up to 5 years, or forced labor may be assigned. Also, in addition to the selected measure of restraint, they are deprived of the right to occupy a certain position for a specified period.
Accident rate
The Commission of Inquiry established on the basis of all data determines how to classify an accident.
- Work fatal accident.
- The death is not related to the production process.
In the first case, the commission displays the percentage of guilt of the deceased. Perhaps this is a deviation from safety standards, negligence or a violation of the production process. Depending on the extent to which the deceased is to blame, the amount of payments is established. The local union is also involved in this process. The degree of guilt of the employer in the incident is considered.
Final conclusion
After determining the degree of guilt of the deceased, the commission also makes a number of proposals that are recommended for execution by the head of the enterprise. They relate to safety precautions.
And also are considered the prescriptions of state supervisory authorities in the manufacturing sector. How they were executed by the leadership in order to fully determine the degree of guilt of the leader.
What payments are assigned
After the investigation is conducted and conclusions are made, a decision is made on the necessary payments to the relatives of the deceased.
The law defines the following:
- Material compensation. In production, as a rule, an employee is insured against accidents, injuries, and death.
- Burial costs. This includes the services of funeral services, morgues. All expenses must be confirmed by payment receipts.
- Medical care for relatives is paid in case of their illness, which escalated against the background of events. It is confirmed by a medical report, which indicates the cause of the disease.
- The balance of unpaid wages at the time of death.
- The payment of moral compensation to relatives is appointed by the commission following the meeting.
Monthly insurance benefits may also be assigned.
Insurance payments
If the employee was insured, relatives have the right to receive lump sum payments within 2 days after the submission of all necessary documents for accrual.
The following are entitled to receive monthly payments:
- Children under the age of majority.
- Students from 8 to 23 years old, subject to full-time study.
- Disabled people. They are paid throughout the entire period of incapacity for work.
- Women 55 years old and men 60 years old receive insurance payments for life.
- Unemployed spouses, father or mother, other relatives who care for the children, brothers or sisters, grandchildren of the deceased, who were on the welfare of the deceased until the age of 14, before any changes in their health condition.
The size of monthly payments is established taking into account the average earnings of the deceased per month. The accrued amount is not subject to recalculation. This is only possible if the number of persons entitled to receive it changes. Also, recalculation will be made in case of indexation of monthly benefits in accordance with federal law.
It is worth noting that the last earnings of an employee who died at work are not subject to personal income tax, as well as payments that are transferred to relatives.