Accident this is an event as a result of which employees and other persons participating in production activities when carrying out lawful actions due to labor relations with the employer or committed in his interests received bodily harm, trauma, or mutilation.
Accidents have different classifications in Art. 227 of the Labor Code of the Russian Federation they are described as follows:
Work-related
1. Industrial accidents.
Cases that occurred with employees, students, students working on the territory of the enterprise and outside it, if the work was carried out on instructions from management; on the way to the place of work on transport provided by the organization, as well as when performing work after school hours, on weekends and holidays by order of the manager or authorized persons. Also as a result of acute poisoning, heat stroke and frostbite that occurred at work.
2. Work-related accidents. These are cases that occurred during the execution of government and public duties, traveling to and from work on personal and public transport, participation in sports competitions and training, loss of ability to work in connection with the performance of donor functions, and on business trips.
3. Domestic accidents. These are accidents that occurred outside the territory of the enterprise, outside working hours and not while driving to and from work.
Classification by number of victims
1. Single (one person injured).
2. Group (two or more people are injured at the same time).
Classification according to the causes of injury
1. mechanical
2.thermal, electrical, chemical.
Classification by severity
1. Light (injections, scratches, abrasions, etc.).
2. Severe (bone fractures, concussion, etc.).
3. Lethal (associated with the death of the victim).
Determining the severity of health damage in industrial accidents is regulated by the Order of the Ministry of Health and social development RF dated February 24, 2005 N 160 “On determining the severity of health damage in industrial accidents” and is displayed in the Appendix:
Determining the severity of health damage in industrial accidents
1. Accidents at work are divided into 2 categories according to the severity of damage to health: severe and mild.
2. Qualifying signs of the severity of health damage in an industrial accident are:
- the nature of the health injuries received and complications associated with these injuries, as well as the development and aggravation of existing chronic diseases in connection with the injury;
— consequences of received health injuries (permanent loss of ability to work).
The presence of one of the qualifying characteristics is sufficient to establish the category of severity of an industrial accident.
Signs of a serious industrial accident also include health damage that threatens the life of the victim. Preventing death as a result of medical care does not affect the assessment of the severity of the injury.
3. K heavy industrial accidents include:
1) health damage, the acute period of which is accompanied by:
- shock;
- coma;
- blood loss (more than 20%);
- embolism;
- acute failure of the functions of vital organs and systems (central nervous system, cardiac, vascular, respiratory, renal, hepatic and (or) a combination thereof);
2) health injuries qualified during the initial examination of the victim by doctors at a hospital, trauma center or other health care organizations as:
— penetrating wounds of the skull;
- fracture of the skull and facial bones;
- brain contusion;
- intracranial injury;
- injuries penetrating the lumen of the pharynx, trachea, esophagus, as well as damage to the thyroid and thymus glands;
- penetrating injuries of the spine;
- fracture-dislocations and fractures of the bodies or bilateral fractures of the arches of the I and II cervical vertebrae, including without dysfunction of the spinal cord;
- dislocations (including subluxations) of the cervical vertebrae;
— closed injuries of the cervical spinal cord;
- fracture or fracture-dislocation of one or more thoracic or lumbar vertebrae, including without dysfunction of the spinal cord;
- wounds of the chest penetrating into the pleural cavity, pericardial cavity or mediastinal tissue, including without damage to internal organs;
- abdominal wounds penetrating into the peritoneal cavity;
- wounds penetrating the bladder or intestines;
- open wounds of the retroperitoneal organs (kidneys, adrenal glands, pancreas);
- gap internal organ thoracic or abdominal cavity or pelvic cavity, retroperitoneal space, rupture of the diaphragm, rupture of the prostate gland, rupture of the ureter, rupture of the membranous part of the urethra;
- bilateral fractures of the posterior semi-ring of the pelvis with rupture of the iliosacral joint and disruption of the continuity of the pelvic ring or double fractures of the pelvic ring in the anterior and posterior parts with disruption of its continuity;
- open fractures of long tubular bones - humerus, femur and tibia, open injuries of the hip and knee joints;
- damage to the main blood vessel: aorta, carotid (common, internal, external), subclavian, brachial, femoral, popliteal arteries or accompanying veins, nerves;
— thermal (chemical) burns:
III - IV degrees with a lesion area exceeding 15% of the body surface;
III degree with an affected area of more than 20% of the body surface;
II degree with a lesion area of more than 30% of the body surface;
respiratory tract, face and scalp;
— radiation injuries of moderate (from 12 Gy) severity and higher;
- abortion;
3) damage that does not directly threaten the life of the victim, but has serious consequences:
- loss of vision, hearing, speech;
- loss of any organ or complete loss of its function by an organ (in this case, the loss of the most functionally important part of a limb (hand or foot) is equivalent to the loss of an arm or leg);
- mental disorders;
- loss of reproductive function and ability to bear children;
- permanent facial disfigurement.
Self conclusion on the severity of the work injury only the clinical expert commission (CEC) of the medical institution where the victim is being treated has the right to give. This conclusion is provided at the request of the employer or the chairman of the commission to investigate an industrial accident. KEC is obliged to provide a conclusion within 3 days from the date of receipt of the request. In addition, the conclusion must be documented in the discharge summary, regardless of the nature of the treatment performed.
If the victim was hospitalized, then the Medical Certificate is issued by the head of the department of the medical organization where the treatment is carried out. In this case, the attending physician makes an entry about the issued Medical Report in the Medical Record of an outpatient patient or in the Medical Record of an Inpatient Patient, indicating the date of issue. Upon completion of treatment of the victim in a hospital, a note is made in the Extract from the medical record of an outpatient or inpatient patient about the nature of the health injuries received and the degree of their severity at the time of admission and at the time of discharge from the hospital.
The chances of becoming a victim of an accident (hereinafter referred to as an accident) always remain. If such an incident occurs in the workplace, the organization should convene a commission and start an investigation. Its procedure and the possible liability of the employer largely depend on which category the incident is classified into.
Concept and definition
An industrial accident is an event when an employee, while at the workplace and performing job responsibilities, injured in an accident.
As a result, this led to injury, damage to health, or death of the employee.
IN Labor Code The Russian Federation provides a specific description of such an incident:
- An event that occurred during labor activity employee.
- Due to the consequences of the incident, the employee was injured or died.
- It occurs both on the territory of the enterprise and outside (when a person got to his place of work on official transport, was on a business trip at the initiative of the employer, performed overtime work in another place by order of superiors, etc.).
Main - presence of instructions from the manager, according to which the employee was faced with some task. An accident occurs when performing it.
Not only employees working under employment contract, but also individuals undergoing training or practical training in this organization, as well as other persons involved in production activities by decision of management.
Types of incidents
NS are classified depending on criteria:
- For what reason did it happen?
- How many people were ultimately harmed?
- How severe the damage was caused.
The final decision is made commission which will investigate the causes of the accident. Based on its results, the NS category will be determined.
Officials conducting the inspection, when assigning an injury to any type, rely on the Classification of Occupational Accidents. The commission usually includes a specialist from the labor protection department. A third party may be brought in to investigate.
Causes of NS
- During the production process or during a break. The time taken by the employee to get to the workplace and home, if travel is carried out on official transport (or if, according to the employment contract, he was provided with a car, which he must use for official purposes).
- Not because of production. NS occurred in work time, but through the fault of the employee - being in a state of intoxication or attempting to commit a crime.
Consequently, both situations are recognized as NS at work if a person was injured during work, i.e. was on duty.
Separately, household injuries are highlighted that can occur on the territory of the organization, but not during working hours. For example, if an employee was injured while trying to use the employer’s equipment for his own purposes or while intoxicated.
This criterion is based on number of victims. Thus, NS in production are divided into:
- Individual when one employee was injured.
- Group affecting two or more employees.
Moreover, group ones have varying degrees of injury. Some can get away with only abrasions and bruises, while others can get serious illnesses.
The injuries themselves can be single or multiple, relating to damage:
- skin surface – simple abrasions and bruises;
- subcutaneous tissues (fractures, ligament ruptures, etc.);
- cavitary, as a result of which hemorrhage occurs in different areas and organs (brain, stomach, etc.).
Severity
The classification of injuries due to NS is given in Order of the Ministry of Health and Social Development of the Russian Federation No. 160. There are two types of mutilation: light and heavy.
Since the latter cause more damage to the health of workers (chronic diseases may subsequently appear, the person will lose ability to work or risk dying), compensation is due for them bigger size. Classify severe injuries on 3 types, which include different severity and consequences of NS during work:
- First degree. Cases accompanied by large loss of blood are considered to be a state of shock in the victim. There are disturbances in the functioning of the cardiovascular system, central nervous system and other vital organs. Moreover, regardless of the duration of these violations, the resulting injury is still severe.
- Second degree. The consequences may not be detected immediately, but only upon examination by a doctor. This includes the following types of injuries - bone fractures, injuries to the brain, joints and spine, various penetrating wounds (in the skull, pharynx, alimentary tract, trachea, etc.), resulting in damage to the gastrointestinal tract, as well as damage to large blood vessels and burns at least 15% of the body. Separately, this includes miscarriage.
- Third degree. They include all injuries that pose a real threat to life and normal functioning - loss of vision, hearing or speech, cessation of the functioning of any organ, disfigurement, the appearance of mental abnormalities.
- A separate group of consequences of emergency situations is the death of an employee.
Even initially minor injuries under certain circumstances (for example, improper treatment) can lead to serious consequences. This makes it more difficult to determine what type of injury was sustained. Then it is necessary to indicate what type of injury has acquired at the moment, whether new diseases have arisen.
Mild cases can only be investigated by the enterprise. Severe and lethal cases require the involvement of employees labor inspection, state and municipal authorities, as well as (if necessary) the victim’s insurer. If the accident arose through the fault of the employer, he may be subject to criminal liability in the future.
Legal acts regulating this issue
A single legislative act concerning the procedure for assigning a degree of severity industrial injuries, not currently developed.
The main document that provides a scheme for assigning the severity of damage to health when accidents occur at work is Order of the Ministry of Health and Social Development of the Russian Federation No. 160.
The procedure for investigating industrial accidents is carried out in accordance with Articles 227-231 of the Labor Code of the Russian Federation, as well as the provisions of local acts adopted by the organization (usually in documents defining the operating procedure of the labor protection service).
Resolution of the Ministry of Labor of Russia No. 73 and Order of the Ministry of Health and Social Development of the Russian Federation No. 275 provide documents that must be drawn up in the event of the occurrence of various emergency situations at work, as well as during further investigation.
Order No. 21 of Rostrud provides a codification of a number of reasons why an incident could occur, and codes of injuries assigned in relation to the type of impact on the victims.
Special cases
There are some injuries that cannot be categorized as one type. These are controversial situations that occurred due to both labor and non-labor factors. For example, during work or a break, a fight broke out in which several people received injuries of varying degrees of severity.
Since such cases balance between industrial and domestic types, the decision on how to classify them must be made by commission.
An industrial accident is an unpleasant incident that happened to a person during the performance of his work duties and as a result of which damage to his health occurred, entailing consequences provided for by law. The latter can be expressed in the need to move to another job, loss of ability to work or professional skills, as well as death.
Establishes a directive rule stating that such events are subject to investigation and accounting, since the same legal acts establish the employer’s obligation to compensate the employee for lost opportunities. In this case, the amount of compensation depends on the consequences, or more precisely, on the degree of their severity. For this purpose, the legislator systematized them by type in the Scheme for determining the severity of health injuries in industrial accidents, approved by order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160.
Classification of industrial accidents in accordance with the designated scheme:
- light and medium weight;
- heavy;
- fatal;
- group;
- group with serious consequences.
An objective determination of the severity of any labor incident is impossible without an investigation, during which the nature and factual circumstances of the situation are analyzed. One of key aspects research is an analysis of the factors that led to what happened.
That is why the classification of the causes of accidents at work is the basis that subsequently determines the course of the investigation. It is necessary to highlight several prerequisites of the organizational plan, due to the direct or indirect influence of which accidents occur. It could be:
- unsatisfactory organization of work activity in general;
- lack of control of production processes;
- disorder in the workplace;
- poor quality staff training;
- lack of instruction;
- failure to provide workers with the necessary means personal protection;
- equipment malfunction;
- breaking any rules labor discipline And so on.
Each of the identified reasons, both technical and subjective, can become a catalyst for an industrial accident, and basic safety measures taken in time can prevent trouble in advance.
It should be noted that a more specific classification of industrial injuries is also determined by the regulatory framework of the Russian Federation. All health injuries are also divided into types depending on medical symptoms.
For example, there is the concept of an incised wound, the appearance of which is the result of exposure to sharp objects. Due to the nature of work activities, a person must use them in the process of work. Such injuries are usually accompanied by bleeding, sometimes damage to tendons or blood vessels. They are divided into stabbed and non-stabbed. Of particular danger are injuries, as a result of which extensive destruction of the tissues of the human body occurs, they can provoke the death of a person.
Industrial injuries are an integral part of the work of any organization and occur in almost all sectors of activity. The main task of the administration of each enterprise is to prevent the occurrence of situations that provoke the occurrence of accidents, by observing safety precautions not only formally, as most often happens, but also in reality, because the cost of non-compliance with basic rules may be human life.
Rice. Classification of accidents
For the sound development of measures to prevent injury, it is important to timely and correctly identify its causes. The procedure for investigating accidents and their registration is different, as are the payments of temporary disability benefits as a result of accidents, depending on their classification (Fig. 2.1).
Domestic injury - This is an injury that occurred in everyday life, while doing household chores. Domestic accidents are not investigated and are not documented. Benefits for temporary disability as a result of a domestic accident are issued from the sixth day of loss of ability to work in the following amounts: for continuous service of up to 5 years - 60%; from 5 to 8 years – 80%; over 8 years – 100% of average earnings. Payment of benefits is carried out by social insurance authorities.
Work injury - damage to health as a result of an accident or occupational disease associated with the performance of work duties. The accident is admitted work injury outside of production , if it happened:
On the way to or from work not on company transport;
When performing government duties;
When performing donor functions, civic duty, etc.
Labor injuries outside of production are not investigated, and temporary disability is paid from the first day of loss of ability to work. in full at 100% average wages from the social insurance fund.
Work injuries at work are being investigated in accordance with Regulations on the peculiarities of investigation of industrial accidents in certain industries and organizations (No. 73 of October 24, 2002), which establishes a unified procedure for investigating and recording industrial accidents, mandatory for all organizations, regardless of their legal form, as well as individual entrepreneurs. Accidents (trauma, including those resulting from bodily injury by another person, acute poisoning, heat stroke, burn, frostbite, drowning, injury) are subject to investigation and recording. electric shock, lightning and ionizing radiation, insect and reptile bites, bodily injuries caused by animals, damage received as a result of explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies), resulting in the need to transfer the employee to another work, temporary or permanent loss of ability to work, or death, which occurred while the employee was performing his job duties on or outside the organization, as well as while traveling to or from work on transport provided by the organization, or on personal transport with an appropriate agreement with the employer; when traveling to and from a business trip; when involving an employee in the prescribed manner to participate in the liquidation of the consequences of emergency incidents; when carrying out actions not included in the employee’s job duties, but performed in the interests of the employer or aimed at preventing accidents or accidents, and in some other cases. The Regulations also apply to students, students undergoing practical training, and other persons involved in production activities.
An accident at work is an insured event if it occurs to an employee who is subject to compulsory social insurance against accidents at work and occupational diseases. Compensation for loss of ability to work and disability is made by the enterprise, and for insured persons - by the insurer.
The victim or eyewitness notifies the immediate supervisor of each accident, who is obliged to:
Immediately organize the provision of first aid to the victim and, if necessary, transport him to the hospital;
Notify the employer about the incident;
Take urgent measures to prevent the development of an emergency situation and the impact of a traumatic factor on people;
To investigate the accident, the employer immediately creates a commission consisting of at least 3 people. The commission includes a labor protection specialist, representatives of the employer and the trade union body. The commission is headed by the employer or a person authorized by him. The composition of the commission is approved by order. The manager directly responsible for labor safety at the site where the accident occurred is not included in the commission. Participate in the investigation of an accident that occurred at an individual entrepreneur: individual entrepreneur or his representative, the victim’s authorized representative and an occupational safety specialist, who may also be involved on a contractual basis. The investigation into the circumstances and causes of the accident is carried out by the commission within 3 days. An investigation into a group, serious and fatal accident is carried out within 15 days by a commission consisting of a state labor safety inspector, representatives of the employer, the body executive power and trade union body.
Each employee has the right to personal participation in the investigation of an accident that has occurred to him. At the request of the victim (his relatives), his authorized representative may take part in the investigation of the accident.
An accident that was not reported to the employer in a timely manner or as a result of which the incapacity for work did not occur immediately is investigated by the commission upon the application of the victim or his authorized representative within a month from the date of receipt of the application.
For each industrial accident that necessitated the transfer of an employee in accordance with a medical report to another job, the employee’s loss of ability to work for a period of at least one day or his death is registered industrial accident report according to form N-1 in 3 copies. In case of a group accident, a report in form N-1 is drawn up for each victim separately in 4 copies. The report in Form N-1 must detail the circumstances and causes of the accident, indicate the persons who violated labor safety requirements, and present measures to prevent accidents. The act is signed by the members of the commission, approved by the employer and certified by a seal.
The employer, within 3 days after approval of the act, is obliged to issue one copy to the victim (his authorized representative) or relatives of the deceased, and the second to the social insurance fund. The third copy of the report, together with the investigation materials, is stored for 45 years in the organization at the place of work (study, service) of the victim at the time of the accident. Acts in form N-1 are registered by the employer in the accident register. In case of liquidation of the organization, the acts are transferred for storage to the labor inspectorate of the constituent entity of the Russian Federation.
The state labor safety inspector, upon identifying a hidden industrial accident, receiving a complaint from the victim or relatives of the deceased about disagreement with the conclusions of the investigation commission, independently conducts an investigation of the industrial accident, regardless of the statute of limitations, and draws up a conclusion that is binding on the employer. Disagreements regarding the investigation, registration and recording of industrial accidents, non-recognition of an accident by the employer, refusal to investigate it and draw up an act in form N-1, disagreement of the victim with the contents of the act are considered by the state labor inspectorate or court.
Life safety summary
At any production site, situations may arise that pose a danger to the life and health of an employee. First of all, these are accidents that occur when certain circumstances occur. All types of industrial accidents are classified according to certain characteristics and the nature of the injuries received.
Concept and causes of accidents
Depending on the circumstances, in case of accidents, the nature and consequences of the damage received, as well as the time and place where it occurred, are taken into account.
When determining the nature of the damage, injuries are taken into account, even those inflicted by others. Other types of damage may include burns, heat stroke, electric shock, and lightning. This also includes drowning, frostbite, and damage caused by animals or insects. Health damage caused by exposure to external factors should also be taken into account.
The degree of damage received causes a wide variety of consequences. Because of this, the employee may be transferred to another, more light work. In some cases, the ability to work is lost for a certain period of time. The most severe consequence is the death of the employee.
When considering the location and time of damage, the following main factors must be taken into account. The injury occurred before or after work, in or outside the workplace, on weekends or holidays. There are other conditions provided for by current legislation.
Main types of accidents
All accidents that occur at work are divided into several categories. They can be simple, special, group (with two or more victims), severe or fatal.
The head of the enterprise is obliged to report all types of industrial accidents that occur in a special form to the state labor inspectorate, the prosecutor's office, or the departmental body. federal significance and other organizations determined by current legislation.
Many accidents occur due to simple or gross negligence of an employee. Determining the degree of guilt is decided individually, taking into account the actual circumstances in each specific case.
Accidents can also occur due to the fault of the employer, who did not ensure the safety of the employee in accordance with labor protection requirements, and did not organize effective control over safe working conditions at work.