Industrial accident in the first working day.
INDUSTRIAL ACCIDENT it is a case of damage of health of worker of company, happening on the reason related to his labour activity, or during work.
In one of subdivisions of building Company a mason, chief of area, settles down on work at the beginning of shiftwork sends him in a brigade on building of shopping center. The terms of handing over burn on this object, therefore the again accepted worker, proceeds to independent work in the first working day. At the end of shiftwork this worker falls from the height of fifth floor of shopping center and from the got traumas the next day a mason dies in curative establishment.
The person responsible for the safe operation of the site was the head of the site, who was supposed to monitor the performance of labor protection at the construction site, but did not provide instructions for labor protection without teaching him safe methods and methods of performing work. When the tragedy occurred, he tried to intimidate and prevent criminal responsibility, claiming that he was not in labor relations with the Company. Nevertheless, due to the fact that he was the first, he was in branded overalls.
Analyzing this situation, the employer needs to know:
- 1. An employment contract that is not executed in writing is considered concluded if the employee has started working with the knowledge or on behalf of the employer or his authorized representative (Article 67 of the Labor Code of the Russian Federation).
- 2. The employer is obliged not to allow the employee to not work in accordance with the established procedure and to check knowledge and skills in the field of labor protection (Article 76 and Article 212 of the Labor Code of the Russian Federation).
- 3. For all persons entering the work, the employer or the person authorized by him is obliged to conduct instruction on labor protection, organize training in safe methods and methods of performing work and providing first aid to the victims (Article 212 and Article 225 of the LC RF).
- 3.1. All persons employed shall undergo, in accordance with the established procedure, an introductory briefing, which is carried out by a labor protection specialist or an employee ordered by the employer (or his authorized representative) to do this (paragraph 2.1.1. Labor of workers of organizations, approved by the Decree of the Ministry of Labor and the Ministry of Education of Russia on January 13, 2003 No. 1/29 (hereinafter - the Procedure) and clause 7.1.1 GOST 12.0.004-90. Interstate Standard: Occupational Safety Standards System. The general provisions (hereinafter - GOST 12.0.004-90)
- 3.2. In addition to the introductory briefing on labor protection, primary instruction is given at the workplace. Initial instruction at the workplace is carried out by the direct supervisor (manufacturer) of the work, trained in labor protection and knowledge of occupational safety requirements in accordance with the established procedure (clause 2.1.3 Procedure and clause 7.2.1 GOST 12.0.004-90).
- 3.3. All workers after the initial briefing at the workplace must, within the first 2-14 shifts (depending on the nature of the work, the qualification of the employee) undergo an internship under the direction of the persons appointed by the order (order 7.2.4 GOST 12.0.004-90 ).
- 3.4. Workers are allowed to work independently after an internship, testing theoretical knowledge and acquired skills of safe ways of working (paragraph 7.2.5 GOST 12.0.004-90).
- 4. The admission of an employee to perform his labor duties without passing through the established procedure of training and testing knowledge of labor protection requirements - entails the imposition of an administrative fine on officials in the amount of fifteen thousand to twenty-five thousand rubles; On legal entities - from one hundred and ten thousand to one hundred and thirty thousand rubles (Article 5.27.1 part 3 of the Code of Administrative Offenses of the Russian Federation).
- 5. Violation of labor protection requirements committed by a person who is responsible for their compliance, if this entailed the death of a person through negligence, is punishable with up to four years' imprisonment (Article 143 of the Criminal Code of the Russian Federation).
- 6. In the event of the death of an employee due to an accident at work, his family is reimbursed for his lost earnings (income that he or she definitely could have), as well as the related expenses in connection with the death of the employee in accordance with Federal Law No. 125-FZ of July 24, 1998 "On compulsory social insurance against accidents at work and occupational diseases."
- 7. If the injured worker was not insured, his family has the right to demand compensation for harm from the employer in accordance with Part 2 "Compensation for harm caused to the life or health of a citizen" of Chapter 59 "Obligations as a result of harm" of the Civil Code of the Russian Federation.
Consider the consequences that the employer may have in this situation.
- 1. For admission of an employee to perform his or her work duties without passing through the established procedure of training and testing knowledge of the requirements of labor protection, an administrative fine of 15,000 to 25,000 rubles is imposed (Article 5.27.1 of the Administrative Code of the Russian Federation, Part 3).
- 2. For violations of labor protection requirements committed by a person who is responsible for their compliance, if this entailed the death of a person through negligence, is punishable with up to four years' imprisonment (Article 143 of the Criminal Code of the Russian Federation).
- 3. According to the court decision, at the expense of the organization's own resources, the death of the breadwinner will need to be reimbursed
- 4. It will be necessary to compensate for moral damage, which is determined by the court in connection with the death of the injured worker.
Help . If the employer provided compulsory social insurance for the worker, then in case of his death from an accident at work to his family, the Social Insurance Fund reimburses expenses in accordance with the federal law of July 24, 1998, No. 125-FZ "On compulsory social insurance against accidents at work and Occupational diseases ", namely:
- one-time insurance payment - 1 million rubles
- monthly insurance payments, which will be paid to persons entitled to receive such payments.
In conclusion, we recommend that employers take a more cautious approach to the prevention of occupational traumatism in terms of training and testing knowledge of occupational safety and health requirements, for newly-admitted workers, understanding that these health and safety requirements are written in blood.
Our company is professionally involved in the investigation of accidents at work, more information on the page https://www.ohranatrud.ru/pages/rassledovanie/
Alexander N. Krymov
Head of Investigation of Industrial Accidents