There was an accident and, as always unexpected. Under existing law, an industrial accident should be investigated as soon as possible. In case of non-enforcement of the law, there is liability, and it is rather tough. It is necessary to have a good understanding of all stages of action. The responsibility for a leisurely investigation is aggravated when a person is seriously injured.
Definition of an accident at the workplace: this is the event during which the insured employee was injured or injured in health by the conditions of production. This may include:
performance by the employee of the functions stipulated by the labor contract, or performance of work permitted by labor legislation;
injuries sustained both on the territory of the insured and outside of it, when following or returning to the enterprise by motor vehicle of the insured.
The time and place of being on a business trip cannot affect the fact that the investigation of accidents is delayed, as well as work on holidays and weekends, which are also considered workers.
An accident cannot be considered a minor injury that does not affect the health of the employee. If he received a serious injury, then after treatment he must be transferred to another job, if he is not able to perform the former.
If the employer intentionally conceals the incident, the procedure for investigating industrial accidents takes a different turn. An application to the labor inspectorate is submitted to the injured or his relatives, and the labor inspector, despite the fact that the statute of limitations has already expired, resumes the investigation. Even if the worker worked temporarily, concurrently or permanently, this will not affect the course of the investigation.
The employer is obliged to provide the employee of the enterprise with working conditions that exclude any dangers. If the staff of the enterprise exceeds 50 people, then there should be a labor protection department. This position provides training for this type of activity. That is, the employee must have a certificate giving the right to engage in labor protection.
If, nevertheless, an industrial accident occurs, the manager must take measures to assist the injured. If necessary, put him in a medical institution.
In order to avoid emergency situations, timely measures should be taken to prevent them: keep the situation under control, prevent panic if the threat to the health and life of other workers is excluded. In some cases, work should be stopped until the reasons are clarified.
In addition, it is necessary to inform the senior management and other relevant authorities. In case of death of the employee, inform relatives.
Within a day after an industrial accident, the head of the enterprise must transmit the information to the FSS. In case of untimely report or failure to report to the body within the specified time, the management of the enterprise in the person of the director or chief is subject to a fine or administrative prosecution.
Accidents can be mild or severe. They are qualified by the application to the order of the Ministry of Health and Social Development of the Russian Federation.
The determining factor in the injury is the fact of a health disorder, which may subsequently become chronic or, worse, lead to the death of the victim.
If an industrial accident is mild, the investigation will be extended to three days. For this, a commission of three people must be created, approved by the management of the enterprise.
At the end of the investigation, an act must be drawn up describing the accident. The form of the act is free.