Home Perennial flowers When a commission is formed to investigate the accident. The procedure for the formation of commissions for the investigation of accidents

When a commission is formed to investigate the accident. The procedure for the formation of commissions for the investigation of accidents

  • PART FOUR
    • Section XII. FEATURES OF LABOR REGULATION OF SEPARATE CATEGORIES OF EMPLOYEES
      • Chapter 40. GENERAL PROVISIONS
      • Chapter 41. FEATURES OF LABOR REGULATION OF WOMEN, PERSONS WITH FAMILY RESPONSIBILITIES
      • Chapter 42. FEATURES OF LABOR REGULATION OF EMPLOYEES UNDER THE AGE OF EIGHTEEN YEARS
      • Chapter 43. FEATURES OF LABOR REGULATION OF THE HEAD OF THE ORGANIZATION AND MEMBERS OF THE COLLEGIONAL EXECUTIVE BODY OF THE ORGANIZATION
      • Chapter 44. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING ON COLLABORATION
      • Chapter 45. SPECIFIC FEATURES OF LABOR REGULATION OF EMPLOYEES CONCLUDING AN EMPLOYMENT CONTRACT FOR A PERIOD OF TWO MONTHS
      • Chapter 46. FEATURES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN SEASONAL WORKS
      • Chapter 47. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING ON THE CROWN METHOD
      • Chapter 48. FEATURES OF LABOR REGULATION OF EMPLOYEES WORKING FOR EMPLOYERS - INDIVIDUALS
      • Chapter 48.1. FEATURES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SUBJECTS OF SMALL BUSINESS, WHICH ARE REGULATED TO MICRO-ENTERPRISES (introduced by Federal Law of 03.07.2016 N 348-FZ)
      • Chapter 49. FEATURES OF REGULATION OF LABOR OF OWNERS
      • Chapter 49.1. FEATURES OF LABOR REGULATION OF REMOTE WORKERS (introduced by Federal Law of 05.04.2013 N 60-FZ)
      • Chapter 50. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING IN THE REGIONS OF THE HARD NORTH AND LOCAL REGULATIONS (as amended by Federal Law of 30.06.2006 N 90-FZ)
      • Chapter 50.1. FEATURES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR PERSONS WITHOUT CITIZENSHIP (introduced by the Federal Law of 01.12.2014 N 409-FZ)
      • Chapter 51. FEATURES OF LABOR REGULATION OF TRANSPORT WORKERS
      • Chapter 51.1. FEATURES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by the Federal Law of 30.11.2011 N 353-FZ)
      • Chapter 52. FEATURES OF LABOR REGULATION OF PEDAGOGICAL WORKERS
      • CHAPTER 52.1. PECULIARITIES OF LABOR REGULATION OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS, THEIR DEPUTIES (introduced by the Federal Law of December 22, 2014 N 443-FZ)
      • Chapter 53.1. FEATURES OF LABOR REGULATION OF EMPLOYEES SENT TEMPORARILY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER THE AGREEMENT ON THE PROVISION OF LABOR OF EMPLOYEES (PERSONNEL) (introduced by Federal Law No. 116-05.
      • Chapter 54. FEATURES OF LABOR REGULATION OF EMPLOYEES OF RELIGIOUS ORGANIZATIONS
      • Chapter 54.1. FEATURES OF LABOR REGULATION FOR ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of 28.02.2008)
      • Chapter 55. FEATURES OF LABOR REGULATION OF OTHER CATEGORIES OF EMPLOYEES
  • PART FIVE
  • PART SIX

    • Article 229 of the Labor Code of the Russian Federation. The procedure for the formation of commissions for the investigation of accidents

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    (as amended by Federal Law of 30.06.2006 N 90-FZ)

    To investigate an accident, the employer (his representative) shall immediately form a commission of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers authorized for labor protection. The commission is headed by the employer (his representative), and in the cases provided for by this Code, by an official of the relevant federal body executive power exercising state control (supervision) in the established area of ​​activity.

    When investigating an accident (including a group one), as a result of which one or several victims received serious health injuries, or an accident (including a group one) with fatal the commission also includes the state labor inspector, representatives of the executive authority of the subject Russian Federation or body local government(as agreed), a representative of the territorial association of trade union organizations, and in the investigation of these accidents with the insured - representatives executive body insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over the observance of labor legislation and other normative legal acts containing norms labor law.

    (as amended by Federal Law of 18.07.2011 N 242-FZ)

    Unless otherwise provided by this Code, the composition of the commission is approved by the order (decree) of the employer. Persons who are directly entrusted with ensuring compliance with labor protection requirements at the site (facility) where the accident occurred are not included in the commission.

    In the investigation of an accident with an employer - natural person the specified employer or his authorized representative, the victim's confidant, a labor protection specialist who can be involved in the investigation of the accident and on a contractual basis, takes part.

    An accident that has occurred to a person sent to perform work to another employer and who participated in his production activities is investigated by a commission formed by the employer who had the accident. The commission includes a representative of the employer who sent the person. Failure to arrive or late arrival of the specified representative is not a basis for a change timing investigation.

    An accident that happened to a person who performed work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), who is assigned this territory on the basis of ownership rights. , use (including rent) and on other grounds.

    An accident that has occurred to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the obligatory participation of a representative of the employer in whose territory it was carried out.

    An accident that happened to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) conducting the investigation, with the written consent of the employee, may inform the employer about the results of the investigation at the victim's place of work.

    Investigation of an accident resulting from a catastrophe, accident or other damage vehicle, is carried out by a commission formed and headed by the employer (his representative), with the obligatory use of materials from the investigation of a catastrophe, accident or other damage to a vehicle carried out by the relevant federal executive body exercising state control (supervision) in the established field of activity, by inquiry bodies, investigative bodies and the owner of the vehicle.

    (as amended by Federal Law of 18.07.2011 N 242-FZ)

    Each victim, as well as his legal representative or other authorized person, have the right to personally participate in the investigation of the accident that happened to the victim.

    At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons who were closely related or related to him, their legal representative or other authorized person may also take part in the investigation of the accident. In the event that the legal representative or other trusted person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the investigation materials.

    If the accident was the result of violations in work affecting the provision of nuclear, radiation and technical safety at nuclear facilities, the commission also includes a representative of the territorial body of the federal executive body in charge of federal state supervision in the field of atomic energy use.

    (as amended by Federal Law of 18.07.2011 N 242-FZ)

    In the event of an accident that has occurred in an organization or at a facility controlled by a territorial body of the federal executive body in charge of control and supervision in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

    In the event of a group accident with the death toll of five or more people, representatives of the federal executive body authorized to conduct state control(supervision) over the observance of labor legislation and other normative legal acts containing labor law norms, and the all-Russian association of trade unions. The commission is headed by the head of the state labor inspectorate - the chief state labor inspector of the corresponding state labor inspectorate or his deputy for labor protection, and in the in the field of industrial safety, - the head of this territorial body.

    (as amended by Federal Law of 18.07.2011 N 242-FZ)

    Composition of the Commission for Investigation of Accidents at Work

    If an accident (HC) occurs with an employee at work, then a commission is immediately formed to investigate it (Article 229 of the Labor Code of the Russian Federation). The composition of such a commission (who exactly is included in it) depends directly on the circumstances that caused the incident, on how many people were injured, and on the nature of the injuries received. Article 229 of the Labor Code of the Russian Federation reproduces general rules recruiting such commissions. So, in any NS, a commission of 3 people is formed, usually headed by the employer or his representative. The group also includes an employee of the labor protection department and a representative of the labor union. But there are also exceptional norms. According to part 2 of article 229 of the Labor Code of the Russian Federation, in special situations, the commission is headed by representatives of other bodies. When investigating an emergency that caused a fatal accident (in particular, a group - more than 5 victims), a representative of the supervisory authority is appointed as the head of the commission. The composition of the fatal case investigation team also changes: it includes the state labor inspector, the representative of the territorial union and representatives of the insurer, if the deceased employee is insured. And part 13 of article 229 of the Labor Code of the Russian Federation regulates even more special circumstances: the National Assembly on the territory of an organization controlled directly by the industrial safety supervision body. In an organization that provides security itself, unhappiness can also occur. In such a situation, the composition of the commission is approved by the head of the relevant supervisory authority. So, the commission investigating non-fatal accidents in the workplace usually consists of 3 people. In tragic cases, its composition changes significantly, since representatives of supervisory authorities in the field of labor safety are involved in the investigation. The victim himself or his representative have the right to participate in the investigation of the National Assembly, but not as a member of the commission, but as a separate link.

    Off-site accident commission

    Clauses 5-8 of Article 229 of the Labor Code of the Russian Federation provide for situations when an accident (HC) occurs outside the territory of the workplace, but in work time ... An employee may experience misfortune at a time when he is sent by his employer to perform a job function in another place, or simply go to carry out an order from management (for example, to a bank to pay bills). Let us consider in more detail the circumstances in which an accident can occur, and also determine who will be obliged to form a commission to investigate it in each case. The first situation: the management sent an employee to another organization to participate in production, and there he had a misfortune. In this case, according to clause 5 of article 229 of the Labor Code of the Russian Federation, the commission for investigation is created by the receiving party, that is, the employer on whose territory the incident occurred. For example, a Moscow firm sends a specialist to St. Petersburg on a business trip to train local employees to use the equipment. In the course of such training, the specialist breaks his hand. In this case, an organization in St. Petersburg creates the NA investigation commission. The second situation: the management sends an employee to another organization to carry out the assignment, and there the NA happens to him. In such circumstances, the incident is investigated by a commission created by the management of the company that gave the employee an order (clause 6 of article 229 of the Labor Code of the Russian Federation). For example, an accountant in an organization falls on the slippery floor in a bank while paying the firm's bills and breaks his arm. In this case, the commission must be created not by the bank, but by the direct employer of the accountant, whose order he performed. The third situation: an employee, on behalf of the management, performs an assignment at a specially designated area of ​​another employer, and there an NS happens to him. The commission is then created by the employer who carried out the work, but the participation of the owner of the territory is also mandatory (clause 7 of article 229 of the Labor Code of the Russian Federation). For example, this is possible during contract work - a contractor's employee injured his hand while building a house on the customer's territory. The incident will be investigated by a commission formed by the contractor, but with the participation of the customer's representative. The fourth situation: an employee works in two organizations part-time, in the second place of work with him there is an NS. In this case, the commission should be formed by the employer in whose territory this event took place, even if this is not the main place of work of the injured employee. With the employee's written permission, his main employer may be notified of the incident. For example, a school teacher, in addition to his main job, conducts extracurricular activities in a children's center, where he injures his hand. Incident Investigation Commission established by management children's center, informing the principal of the school with the consent of the teacher.

    To investigate an accident, the employer (his representative) shall immediately form a commission of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers authorized for labor protection. The commission is headed by the employer (his representative), and in the cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established area of ​​activity.

    When investigating an accident (including a group one), as a result of which one or more victims received serious health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes the state labor inspector, representatives of the executive authority of the constituent entity of the Russian Federation. Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The Commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.

    Unless otherwise provided by this Code, the composition of the commission is approved by the order (decree) of the employer. Persons who are directly entrusted with ensuring compliance with labor protection requirements at the site (facility) where the accident occurred are not included in the commission.

    In the investigation of an accident with an employer - an individual, the specified employer or his authorized representative, a confidant of the victim, an occupational safety specialist who can be involved in the investigation of the accident and on a contractual basis, takes part.

    An accident that has occurred to a person sent to perform work to another employer and who participated in his production activities is investigated by a commission formed by the employer who had the accident. The commission includes a representative of the employer who sent the person. Failure to arrive or late arrival of the specified representative does not constitute a basis for changing the timing of the investigation.

    An accident that happened to a person who performed work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), who is assigned this territory on the basis of ownership rights. , use (including rent) and on other grounds.

    An accident that has occurred to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the obligatory participation of a representative of the employer in whose territory it was carried out.

    An accident that happened to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) conducting the investigation, with the written consent of the employee, may inform the employer about the results of the investigation at the victim's place of work.

    Investigation of an accident that occurred as a result of a catastrophe, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the obligatory use of materials from the investigation of a disaster, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, by the bodies of inquiry, the bodies of investigation and the owner of the vehicle.

    Each victim, as well as his legal representative or other authorized person, have the right to personally participate in the investigation of the accident that happened to the victim.

    At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons who were closely related or related to him, their legal representative or other authorized person may also take part in the investigation of the accident. In the event that the legal representative or other trusted person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the investigation materials.

    If the accident was the result of violations in work affecting the provision of nuclear, radiation and technical safety at nuclear facilities, then a representative of the territorial body of the federal executive body in charge of federal state supervision in the field of atomic energy use shall also be included in the commission.

    In the event of an accident that has occurred in an organization or at a facility controlled by a territorial body of the federal executive body in charge of control and supervision in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

    In a group accident with the death toll of five or more people, the commission also includes representatives of the federal executive body authorized to conduct state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the All-Russian Association of Trade Unions ... The commission is headed by the head of the state labor inspectorate - the chief state labor inspector of the corresponding state labor inspectorate or his deputy for labor protection, and in the in the field of industrial safety, - the head of this territorial body.

    To investigate an accident, the employer (his representative) shall immediately form a commission of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers authorized for labor protection. The commission is headed by the employer (his representative), and in the cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established area of ​​activity.

    When investigating an accident (including a group one), as a result of which one or more victims received serious health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes the state labor inspector, representatives of the executive authority of the constituent entity of the Russian Federation. Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The Commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.

    Unless otherwise provided by this Code, the composition of the commission is approved by the order (decree) of the employer. Persons who are directly entrusted with ensuring compliance with labor protection requirements at the site (facility) where the accident occurred are not included in the commission.

    In the investigation of an accident with an employer - an individual, the specified employer or his authorized representative, a confidant of the victim, an occupational safety specialist who can be involved in the investigation of the accident and on a contractual basis, takes part.

    An accident that has occurred to a person sent to perform work to another employer and who participated in his production activities is investigated by a commission formed by the employer who had the accident. The commission includes a representative of the employer who sent the person. Failure to arrive or late arrival of the specified representative does not constitute a basis for changing the timing of the investigation.

    An accident that happened to a person who performed work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), who is assigned this territory on the basis of ownership rights. , use (including rent) and on other grounds.

    An accident that has occurred to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the obligatory participation of a representative of the employer in whose territory it was carried out.

    An accident that happened to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) conducting the investigation, with the written consent of the employee, may inform the employer about the results of the investigation at the victim's place of work.

    Investigation of an accident that occurred as a result of a catastrophe, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the obligatory use of materials from the investigation of a disaster, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, by the bodies of inquiry, the bodies of investigation and the owner of the vehicle.

    Each victim, as well as his legal representative or other authorized person, have the right to personally participate in the investigation of the accident that happened to the victim.

    At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons who were closely related or related to him, their legal representative or other authorized person may also take part in the investigation of the accident. In the event that the legal representative or other trusted person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the investigation materials.

    If the accident was the result of violations in work affecting the provision of nuclear, radiation and technical safety at nuclear facilities, then a representative of the territorial body of the federal executive body in charge of federal state supervision in the field of atomic energy use shall also be included in the commission.

    In the event of an accident that has occurred in an organization or at a facility controlled by a territorial body of the federal executive body in charge of control and supervision in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

    In a group accident with the death toll of five or more people, the commission also includes representatives of the federal executive body authorized to conduct state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the All-Russian Association of Trade Unions ... The commission is headed by the head of the state labor inspectorate - the chief state labor inspector of the corresponding state labor inspectorate or his deputy for labor protection, and in the in the field of industrial safety, - the head of this territorial body.

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    We suggest that you familiarize yourself with Article 229 of the Labor Code of the Russian Federation, Chapter 36 "The procedure for the formation of commissions for the investigation of accidents." The information is current for 2016. If you think that Article 229 of the Labor Code of the Russian Federation is outdated and not relevant, we ask you to write about this to the editors of the site through the form

    To investigate an accident, the employer (his representative) shall immediately form a commission of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers authorized for labor protection. The commission is headed by the employer (his representative), and in the cases provided for by this Code, by an official of the relevant federal executive body exercising state control (supervision) in the established area of ​​activity.

    When investigating an accident (including a group one), as a result of which one or more victims received serious health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes the state labor inspector, representatives of the executive authority of the constituent entity of the Russian Federation. Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The Commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.

    Unless otherwise provided by this Code, the composition of the commission is approved by the order (decree) of the employer. Persons who are directly entrusted with ensuring compliance with labor protection requirements at the site (facility) where the accident occurred are not included in the commission.

    In the investigation of an accident with an employer - an individual, the specified employer or his authorized representative, a confidant of the victim, an occupational safety specialist who can be involved in the investigation of the accident and on a contractual basis, takes part.

    An accident that has occurred to a person sent to perform work to another employer and who participated in his production activities is investigated by a commission formed by the employer who had the accident. The commission includes a representative of the employer who sent the person. Failure to arrive or late arrival of the specified representative does not constitute a basis for changing the timing of the investigation.

    An accident that happened to a person who performed work on the territory of another employer is investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), who is assigned this territory on the basis of ownership rights. , use (including rent) and on other grounds.

    An accident that has occurred to a person who, on behalf of the employer (his representative), performed work on the site of another employer allocated in accordance with the established procedure, is investigated by a commission formed by the employer performing this work, with the obligatory participation of a representative of the employer in whose territory it was carried out.

    An accident that happened to an employee while performing part-time work is investigated and recorded at the place of part-time work. In this case, the employer (his representative) conducting the investigation, with the written consent of the employee, may inform the employer about the results of the investigation at the victim's place of work.

    Investigation of an accident that occurred as a result of a catastrophe, accident or other damage to a vehicle is carried out by a commission formed and headed by the employer (his representative), with the obligatory use of materials from the investigation of a disaster, accident or other damage to a vehicle carried out by the relevant federal executive body carrying out state control (supervision) in the established field of activity, by the bodies of inquiry, the bodies of investigation and the owner of the vehicle.

    Each victim, as well as his legal representative or other authorized person, have the right to personally participate in the investigation of the accident that happened to the victim.

    At the request of the victim or in the event of the death of the victim, at the request of persons dependent on the victim, or persons who were closely related or related to him, their legal representative or other authorized person may also take part in the investigation of the accident. In the event that the legal representative or other trusted person does not participate in the investigation, the employer (his representative) or the chairman of the commission is obliged, at the request of the legal representative or other authorized person, to familiarize him with the materials of the investigation.

    If the accident was the result of violations in work affecting the provision of nuclear, radiation and technical safety at nuclear facilities, then a representative of the territorial body of the federal executive body in charge of federal state supervision in the field of atomic energy use shall also be included in the commission.

    In the event of an accident that has occurred in an organization or at a facility controlled by a territorial body of the federal executive body in charge of control and supervision in the field of industrial safety, the composition of the commission is approved by the head of the relevant territorial body. The commission is headed by a representative of this body.

    In a group accident with the death toll of five or more people, the commission also includes representatives of the federal executive body authorized to conduct state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms, and the All-Russian Association of Trade Unions ... The commission is headed by the head of the state labor inspectorate - the chief state labor inspector of the corresponding state labor inspectorate or his deputy for labor protection, and in the in the field of industrial safety, - the head of this territorial body.

    Commentary on Art. 229 of the Labor Code of the Russian Federation

    The procedure for the formation of such commissions (approval of the composition of the commissions and their management, the place of the investigation, the grounds for involving other persons in the investigation, including on a contractual basis) depends on the number of victims and the severity of the consequences, on legal status the employer and the victim, as well as from the event that caused the accident.

    Second commentary on Article 229 of the Labor Code

    1. Article 229 of the Labor Code of the Russian Federation provided in detail the procedure for the formation of commissions for the investigation of an industrial accident, raising the norms of the Regulations on the investigation and registration of accidents at work in the rank federal law... This principle is observed in Art. 230 of the Labor Code of the Russian Federation. The employer, upon learning of such a case, immediately creates a commission. It includes a labor protection specialist or a person responsible for organizing labor protection work, representatives of the employer and the trade union committee, and the commission is headed by the employer or his authorized representative. The composition of the commission is approved by order of the employer. The head of the section where the accident occurred is not included in the commission.

    2. If the employer is an individual, the commission for the investigation of the accident includes himself (the chairman), a confidant of the victim, a labor protection specialist (on a contractual basis).

    3. When an accident occurs with a person sent to another employer to perform work, it is investigated by a commission formed by the employer whose accident occurred, but the commission includes an authorized representative of the other employer. His failure to arrive on time does not postpone the investigation.

    4. If an accident happened to an employee at a section of another organization allocated for his work, the case is investigated by the employer (his representative) performing this work, with the obligatory participation of a representative of the employer in whose territory it was carried out, and is taken into account by the organization of this employee performing this work. ... The Commission informs the head of the organization of the site where it happened about the findings of the investigation.

    5. Group accidents involving two or more employees and fatalities are subject to special investigation. For this, a commission is created consisting of: a chairman - a technical labor inspector of trade unions or the State Labor Inspectorate, members - representatives of a higher economic body, a head of an enterprise, a representative of a trade union committee. V special cases representatives of the prosecutor's office are invited. Such accidents are necessarily discussed at a meeting of the trade union committee. The act about them is drawn up within 24 hours after the drawing up of the act of the special investigation and in accordance with the conclusions of the commission in a special form.

    If the inspector of the specialized body for the supervision of labor protection did not take part in the commission or does not agree with the conclusions of the commission, he may give his opinion.

    6. An employee who has suffered from an industrial accident has the right to personally participate (or through his representative) in the investigation of the accident.

    7. Group, serious accidents and fatalities are investigated by a commission chaired by the state inspector for labor protection. The commission includes representatives of the executive authority of the constituent entity of the Russian Federation or local government and a representative of the territorial association of trade unions. The employer forms this commission and approves its composition by order. She must investigate this case within 15 days.

    8. In case of acute poisoning or radiation exposure exceeding the relevant standards, a representative of the sanitary and epidemiological supervision authority is included in the commission, and if the cause of the incident was a safety violation at nuclear power facilities, a representative of the RF Gosatomnadzor body is included in the commission. If the incident occurred at a facility controlled by Gosgortekhnadzor, a representative of this body is also included in the commission.

    9. In a group accident with the death toll of five or more people, the commission includes representatives of the federal labor inspectorate, the federal executive body for departmental affiliation and a representative of the all-Russian union of trade unions. At major accidents with the death toll of 15 people or more, the investigation is being carried out by a commission approved by the Government of the Russian Federation.

    So, the procedure for the formation of commissions for the investigation of accidents is established by Article 229 Labor Code Of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

    According to part 1 of the named article, the employer (his representative) must create a commission of at least three people to investigate the accident. The commission should include:

    - a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer,

    - representatives of the employer;

    - representatives of the elected body of the primary trade union organization or other representative body of workers, authorized for labor protection.

    The commission must be headed by the employer (his representative), and in the cases provided for by the Labor Code of the Russian Federation, by an official of the relevant federal executive body exercising state control (supervision) in the established area of ​​activity.

    When investigating an accident (including a group one), as a result of which one or more victims received serious health injuries, or an accident (including a group one) with a fatal outcome, the commission should also include :

    - state labor inspector;

    - representatives of the executive authority of the constituent entity of the Russian Federation or local government (as agreed);

    - a representative of the territorial association of trade union organizations.

    And when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured).

    In this case, the commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over the observance of labor legislation and other normative legal acts containing labor law norms.

    Please note that the composition of the commission must be approved by the order (decree) of the employer, unless otherwise provided by the Labor Code of the Russian Federation.

    Persons who are directly entrusted with ensuring compliance with labor protection requirements at the site (facility) where the accident occurred are not included in the commission.

    On the basis of part 4 of article 229 of the Labor Code of the Russian Federation, in the investigation of an accident with an employer who is an individual, the specified employer or his authorized representative, the victim's confidant, a labor protection specialist who may be involved in the investigation of the accident must be involved on a contractual basis.

    If an accident at work has occurred with a person sent to perform work to another employer and who participated in his production activities, then it is investigated by a commission formed by the employer who has had the accident. This commission must include an authorized representative of the employer who sent the person. Failure to arrive or late arrival of the specified representative does not serve as a basis for changing the timing of the investigation.

    An accident that happened to an employee of an organization performing work on behalf of the employer (his representative) at the site of another employer allocated in accordance with the established procedure is subject to investigation by a commission formed by the employer performing this work, with the obligatory participation of a representative of the employer in whose territory it was carried out ...

    According to part 6 of Article 229 of the Labor Code of the Russian Federation, an accident that occurred with a person who performed work on the territory of another employer must be investigated by a commission formed by the employer (his representative), on whose behalf the work was performed, with the participation, if necessary, of the employer (his representative), to which this territory is assigned on the basis of property rights, possession, use (including lease) and on other grounds.

    If an accident happened to an employee while performing a part-time job, then it must be investigated and recorded at the place where the part-time job was performed. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer about the results of the investigation at the victim's place of work.

    Investigation of an accident that occurred as a result of a catastrophe, accident or other damage to a vehicle is carried out by a commission, which must be formed and headed by the employer (his representative), with the obligatory use of materials from the investigation conducted by the relevant federal executive body exercising state control (supervision) in the established field of activity, by the bodies of inquiry, the bodies of the investigation and the owner of the vehicle.

    Note!

    Every employee has the right to personally participate in the investigation of an industrial accident that has occurred to him. If he cannot do this personally, then in this case his interests can be represented by a legal representative or other authorized person.

    At the request of the victim, or in the event of the death of the victim himself, at the request of persons who were dependent on the victim, or persons who were closely related or related to him, their legal representative or other authorized person may also take part in the investigation of the accident (Part 11 Article 229 of the Labor Code of the Russian Federation). If the legal representative or other authorized person does not take part in the investigation, the employer (his representative) or the chairman of the commission must, at the request of the legal representative or other authorized person, familiarize him with the investigation materials.

    If the accident was the result of violations in work affecting the provision of nuclear, radiation and technical safety at nuclear facilities, then the commission should also include a representative of the territorial body of the federal executive body in charge of federal state supervision in the field of atomic energy use. ...

    An accident that has occurred in an organization or at a facility controlled by a territorial body of the federal executive body in charge of control and supervision in the field of industrial safety must be investigated by a commission approved by the head of the relevant territorial body. A representative of this body is obliged to head the commission.

    In a group accident with the death toll of five or more people, the commission should also include representatives of the federal executive body authorized to conduct state control (supervision) over compliance with labor laws and other regulatory legal acts containing labor law norms, and the all-Russian association of professional unions. The head of the state labor inspectorate is obliged to head the commission - the chief state labor inspector of the relevant state labor inspectorate or his deputy for labor protection, and in the investigation of an accident that occurred in an organization or at an object controlled by the territorial body of the federal executive body exercising control and supervision functions in the field of industrial safety, - the head of this territorial body.

    It should be noted that the Regulations approved by the Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73 (hereinafter - Regulation No. 73) established the peculiarities of the formation of commissions to investigate accidents that occurred in certain industries and organizations with certain categories of workers (citizens).

    On the basis of clause 9 of Regulation No. 73, investigation of accidents (including group ones), as a result of which the injured received injuries, classified in accordance with the established qualifying signs to the category of light ones, and occurred on fishing or other sea, river and other vessels in navigation , regardless of their industry affiliation, should be carried out by a commission formed of representatives command staff, a representative of the ship's trade union organization, and in her absence - a representative of the ship's crew. The commission must be headed by the master of the ship. The composition of the commission must be approved by the order of the ship's master.

    In accordance with clause 12 of Regulation No. 73, the investigation of accidents with students or students of educational institutions undergoing industrial practice in organizations or performing work under the guidance and control of the employer (his representative) is carried out by commissions that must be formed and headed by this employer (his representative ). The commission should include representatives of the educational institution.

    Investigation of accidents with students or pupils of educational institutions who undergo industrial practice in the areas of the organization allocated for these purposes, performing work under the guidance and control of authorized representatives of the educational institution, should be carried out by commissions formed by the heads of educational institutions. The commission should include representatives of the organization.

    Investigation and registration of accidents that occurred with students of educational institutions of higher and secondary vocational education, students of educational institutions of secondary, primary vocational education and educational institutions of the main general education during the educational process in the named educational institutions, should be carried out in the manner established by the federal executive body in charge of education, in agreement with the Ministry of Labor of the Russian Federation.

    Accidents that happened to professional athletes during the training process or sports competition, regardless of the number of victims and the severity of the injuries they received, are investigated by commissions formed and headed by employers (their representatives) with the obligatory participation of representatives of the trade union body or another authorized by professional athletes body, taking into account the requirements of the resolution of the Ministry of Labor No. 73 (paragraph 13 of Regulation No. 73).

    Investigation and registration of accidents with amateur athletes during training sessions and sporting events carried out in accordance with the procedure established by the federal executive body in charge of physical culture and sports in agreement with the Ministry of Labor of the Russian Federation.

    Accidents with professional athletes, as well as coaches, specialists and other employees of professional sports organizations in the implementation of other actions that are due to labor relations with the employer or committed in his interests, are investigated in the prescribed manner.

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