Theory of everything. Theory of everything H first article 219 tk rf

09.05.2020

Every employee has the right to:

workplace that meets the requirements of labor protection;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

obtaining reliable information from the employer, relevant government agencies and public organizations on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) dangerous production factors;

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for federal laws until such a hazard has been eliminated;

provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;

training in safe working methods and techniques at the expense of the employer;

additional professional education at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;

a request for an inspection of labor conditions and labor protection at his workplace by a federal executive body authorized to exercise federal state supervision over compliance with labor law and other regulatory legal acts containing norms labor law, other federal executive authorities exercising state control (supervision) in the established field of activity, executive authorities carrying out state examination of working conditions, as well as trade union control over compliance with labor legislation and other acts containing labor law norms;

appeal to authorities state power Russian Federation, state authorities of the constituent entities of the Russian Federation and bodies local government, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

personal participation or participation through their representatives in the consideration of issues related to the provision safe conditions labor at his workplace, and in the investigation of an accident at work or an occupational disease that happened to him;

extraordinary medical checkup in accordance with medical recommendations while retaining his place of work (position) and average earnings during the passage of the specified medical examination;

guarantees and compensations established in accordance with this Code, collective agreement, agreement, local normative act, an employment contract, if he is engaged in work with harmful and (or) hazardous conditions labor.

The amount, procedure and conditions for providing guarantees and compensations to employees employed in work with harmful and (or) dangerous working conditions are established in the manner prescribed by Articles 92, 117 and 147 of this Code.

Increased or additional guarantees and compensations for work in jobs with harmful and (or) dangerous working conditions may be established by a collective agreement, a local regulatory act, taking into account the financial and economic situation of the employer.

In the case of ensuring safe working conditions at the workplace, confirmed by the results special evaluation working conditions or the conclusion of the state examination of working conditions, guarantees and compensations to employees are not established.

Comments to Art. 219 of the Labor Code of the Russian Federation

1. In accordance with Art. 22 of the Labor Code, the employer is obliged to provide employees with equipment, tools, technical documentation and other means necessary for the performance of their labor duties; ensure safety and working conditions that comply with state regulatory requirements for labor protection. According to Art. 21 of the Labor Code, the employee has the right to a workplace that meets the state regulatory requirements for labor protection and the conditions provided for by the collective agreement.

2. The organization of a workplace that meets the requirements of labor protection is entrusted to the employer. He is also responsible for organizing control over the state of working conditions in the workplace.

The requirements for the workplace are determined by the relevant regulatory legal acts, approved by the relevant federal executive authorities, containing the state regulatory requirements for labor protection.

3. Compulsory social insurance against accidents at work and occupational diseases is one of the types of social insurance and creates the basis for social guarantees for those injured at work. It satisfies the property interests of individuals associated with the loss of health, professional disability or their death due to an accident at work or occupational disease.

In accordance with Art. 212 of the Labor Code and the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" compulsory insurance of employees against industrial accidents and occupational diseases is assigned to the employer, who is the insured. The functions of the insurer are performed by the FSS of the Russian Federation and its regional branches.

Compulsory insurance of employees against accidents at work and occupational diseases is carried out by timely registration (re-registration) of the employer-insured, accrual and transfer in the prescribed manner and within the terms specified by the insurer of insurance premiums. Thus, all employees of the organization are insured. Employees newly hired, regardless of the date of entry to work, are also considered insured.

4. It is known that in production processes more than 100,000 people affect workers. chemical substances, 200 biological and about 50 physical factors (data from the Research Institute of Occupational Medicine of the Russian Academy of Medical Sciences), which to some extent affect the health of workers, the occurrence of occupational diseases.

5. Obtaining information from the employer on the conditions and labor protection at the workplace, on the existing risk of damage to health, as well as on measures to protect against exposure to harmful and (or) dangerous production factors is an employee's inalienable right. Such information must be communicated in a form accessible to the employee.

In accordance with Art. 22 of the Labor Code, the employer is obliged to provide representatives of employees with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation.

Information about the conditions and labor protection at the workplace, the existing risk of damage to health, measures to protect against the effects of harmful and (or) dangerous production factors should be set out in labor protection instructions for employees. They should also reflect the characteristics of harmful and (or) dangerous production factors affecting the employee.

In case of dissatisfaction with the information received, the employee has the right to apply to state bodies for supervision and control of labor protection, to the state examination of working conditions, as well as to trade union bodies, which must give an exhaustive answer.

The right of an employee to refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements (without any consequences) follows from Part 3 of Art. 37 of the Constitution of the Russian Federation, according to which everyone has the right to work in conditions that meet the requirements of safety and hygiene, as well as from par. 1 hour 1 tbsp. 210 of the Labor Code, which proclaims the priority of preserving the life and health of workers. From the norm of Art. 210 of the Labor Code it follows that no material or other benefits by the employer can be placed above the life and health of employees. However, a reservation is made here: "with the exception of cases provided for by federal laws." Such cases include the activities of employees whose functions are directly related to work in emergency circumstances to save the lives of people and large material assets(employees of the Ministry of Emergency Situations, mountain rescuers, epidemiologists, etc.).

6. Personal and collective protective equipment for workers is used to prevent or reduce the impact on workers of harmful and (or) dangerous production factors.

Personal protective equipment includes overalls, safety shoes, mittens, gloves, helmets, respirators, goggles, shields, earmuffs and liners, safety belts, dielectric mats and galoshes, ointments, creams, pastes, etc.

7. Means of collective protection of workers are used to protect against the effects of mechanical, chemical and biological factors, protection from noise, vibration, damage electric shock, various types of radiation, high and low temperatures of surfaces of equipment, products, materials, etc.

Employees do not bear the cost of financing labor protection measures.

It is the responsibility of the employee to receive training in safe methods and techniques for performing work. It is the responsibility of the employer to provide such training. This training is carried out at his own expense. Training in safe working methods and techniques (at the expense of the employer) - component labor protection training.

8. The right of citizens to appeal is one of the constitutional and legal norms for the protection and exercise of their rights. In accordance with Art. 33 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to apply personally, as well as send individual and collective appeals to state bodies and local governments. Not only citizens have the right to apply, but also public organizations, as well as officials to protect their rights and interests, the rights and interests of their members.

The term "appeal" should be understood as "complaint", "statement", "suggestion". At the request of employees, the state examination of working conditions checks the conditions and labor protection, the correctness of the provision of compensation.

9. In accordance with Part 1 of Art. 1 of the Law of the Russian Federation of April 27, 1993 N 4866-1 "On appealing to the court of actions and decisions that violate the rights and freedoms of citizens" every citizen has the right to file a complaint with the court if he considers that illegal actions (decisions) of state bodies, bodies local government, institutions, enterprises and their associations, public associations or officials, civil servants violated his rights and freedoms. See also Federal Law No. 59-FZ of May 2, 2006 "On the Procedure for Considering Appeals from Citizens of the Russian Federation".

The personal participation of an employee or participation through his representatives in the consideration of issues related to ensuring safe working conditions at his workplace is a norm of direct action and does not require the adoption of any regulatory legal acts. An employee or his representative may take such part in the examination of workplaces by the labor protection service of the organization, state supervision and control bodies, and public control bodies.

In accordance with Art. 212 of the Labor Code, the employer is obliged to ensure the conduct at the expense of own funds extraordinary medical examinations (examinations) of employees at their request in accordance with medical recommendations, while retaining their place of work (position) and average earnings for the period of passing these medical examinations.

The procedure for conducting preliminary and periodic medical examinations (examinations) of employees employed in hazardous work and at work with harmful and (or) dangerous production factors, approved. Order of the Ministry of Health and Social Development of Russia of August 16, 2004 N 83.

Article 185 of the Labor Code provides that for the duration of a medical examination (examination) for employees who are obliged to undergo such an examination (examination) in accordance with the Labor Code, average earnings at the place of work.

In those cases where the impact of harmful and (or) dangerous production factors is unavoidable with modern technical level production and labor organization, employees are provided with appropriate compensation.

Compensations are established by the legislation of the Russian Federation, and in cases provided for by the legislation, by the Government of the Russian Federation or in the manner determined by it, as well as by an employment contract, collective agreements and agreements.

The provision of compensation is preferably included in the collective agreement (agreement), which is an important tool legal regulation issues of labor protection and the provision of compensation, since the terms of collective agreements and agreements concluded in accordance with the law are binding on employers. Thus, the collective agreement acquires a legal form.

The state examination of working conditions monitors the correctness of the provision of compensation for hard work and work with harmful and (or) dangerous working conditions.

obtaining reliable information from the employer, relevant state bodies and public organizations about the conditions and labor protection at the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) dangerous production factors;

However, in addition to additional payments to wages employees working with harmful conditions labour, each employee in accordance with Article 219 Labor Code has the right to compensation established by law, collective agreement, agreement, labor contract, if he is engaged in hard work and work with harmful and (or) dangerous working conditions. At the same time, the amount of compensation to employees engaged in heavy work, work with harmful and (or) dangerous working conditions, and the conditions for their provision are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Article 219 of the Labor Code of the Russian Federation with comments and changes in 2019-2020.

Every employee has the right to:

a workplace that meets the requirements of labor protection;
compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;
obtaining reliable information from the employer, relevant state bodies and public organizations about the conditions and labor protection at the workplace, about the existing risk of damage to health, as well as about measures to protect against exposure to harmful and (or) dangerous production factors;
refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;
provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;
training in safe working methods and techniques at the expense of the employer;
additional professional education at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;
a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, by other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities that carry out state examination of working conditions, as well as trade union control over compliance with labor legislation and other acts containing labor law norms;
appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;
personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or an occupational disease that happened to him;
an extraordinary medical examination in accordance with medical recommendations while retaining his place of work (position) and average earnings during the passage of the specified medical examination;
guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local normative act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

In the case of ensuring safe working conditions at the workplace, confirmed by the results of a special assessment of working conditions or the conclusion of the state examination of working conditions, guarantees and compensations to employees are not established.

Commentary on article 219 of the Labor Code of the Russian Federation:

1. Given that many employee rights in the field of labor protection, enshrined in Article 219 of the Labor Code of the Russian Federation, are specified in independent articles of the section "Labor Protection" and other sections, when commenting on it, references are made to the relevant articles of the Labor Code. In addition, the already considered specific obligations of the employer (Article 212 of the Labor Code), which give an idea of a number of employee rights, for example, to a workplace that meets labor protection requirements, information about working conditions at the workplace, correspond with many employee rights. In such cases, the text of the commentary to the article also contains a reference to the article on the obligations of the employer.

Individual rights of the employee are considered simultaneously with the guarantees enshrined in Art. 220 TK.

2. On ensuring by the employer the right of the employee to a workplace that meets the requirements of labor protection, see paragraph 4 of the comment. to Art. 212.

3. On the right of an employee to social insurance against industrial accidents and occupational diseases, see comment. to Art. 184.

4. On ensuring the right of an employee to receive reliable information about the conditions and labor protection at his workplace, see paragraph 10 of the commentary. to Art. 212.

5. If an immediate danger to the life and health of an employee arises in the course of work due to a violation of labor protection requirements (with the exception of cases provided for by federal laws), he has the right not to perform work until such danger has been eliminated (for example, refuse to work at heights without protective devices and with no safety belt).

In this case, the employer is obliged to provide him with another job while the danger is eliminated. If for objective reasons this is not possible, the downtime of the employee until the danger to his life and health is eliminated is paid by the employer in accordance with the law (see comments to Article 157).

As follows from the content of Part 7 of Art. 220 of the Labor Code, the employee also has the right to refuse to perform hard work and work with harmful or dangerous working conditions that are not provided for by the employment contract. At the same time, cases when an employee cannot exercise such a right are not indicated in the Labor Code. Therefore, the employee has the right not to perform the named work even when their performance is caused by a transfer due to operational necessity (Article 72.2 of the Labor Code) - clause 19 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2.

When applying Article 219 of the Labor Code of the Russian Federation, it should be borne in mind that if in these cases it is impossible to provide an employee with another job, then his downtime, in our opinion, should be paid as downtime through no fault of his (Article 157 of the Labor Code).

An employee's refusal to perform work in the cases listed above does not entail any adverse consequences for him, for example, an employee cannot be subject to disciplinary action.

6. On the provision of personal and collective protective equipment, see comment. to Art. 221 and p. 3 comments. to Art. 212.

7. For training in safe labor methods and techniques at the expense of the employer, see comments. to Art. 225.

8. Questions about the elimination of jobs due to violation of labor protection requirements and professional retraining of employees released in connection with this are resolved by organizations independently.

The employer conducts vocational training, retraining at his own expense in the organization, and, if necessary, in educational institutions primary, secondary, higher professional and additional education on the terms and in the manner determined by the collective agreement, agreements, as well as the employment contract (Article 196 of the Labor Code).

9. With the right of an employee to request an inspection of the conditions and labor protection at his workplace, the state supervision and control bodies correspond with the relevant powers of these bodies (see Articles 356 and 370 of the Labor Code).

In accordance with Art. 4 of the Federal Law of May 2, 2006 N 59-FZ "On the Procedure for Considering Appeals from Citizens of the Russian Federation" (SZ RF. 2006. N 19. Art. 2060), citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials. The appeal can be expressed in the form of a proposal-recommendation for improving legislation or improving the socio-economic and other spheres of activity of the state and society; in the form of an application-request of a citizen for assistance in the exercise of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons; in the form of a complaint-request of a citizen for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons. The request may also be oral.

The state body, local self-government body or official, within 30 days from the date of receipt of the appeal, ensures its objective, comprehensive and timely consideration (if necessary - with the participation of the citizen who sent the appeal) and takes measures aimed at restoring or protecting violated rights, freedoms and legitimate interests.

According to the Law of the Russian Federation of April 27, 1993 N 4866-1 "On appealing to the court of actions and decisions that violate the rights and freedoms of citizens" (Air Force of the Russian Federation. 1993. N 19. Art. 685), an employee has the right to file a complaint against actions (decisions ), violating his rights and freedoms, either directly to the court, or to a higher state body, local government, institution, enterprise or association, public association, official, civil servant.

The higher in the order of subordination body, association, official, civil servant are obliged to consider the complaint within a month. If a citizen's complaint is denied or he has not received a response within a month from the date of its filing, he has the right to file a complaint with the court.

A complaint may be filed by a citizen whose rights have been violated, or his representative, as well as, at the request of a citizen, by a duly authorized representative of a public organization, labor collective.

A complaint is filed at the discretion of a citizen either to the court at the place of his residence, or to the court at the location of the body, association, official, civil servant.

To appeal to the court with a complaint in accordance with Art. 5 of the said Law establishes the following terms:

3 months from the day when the citizen became aware of the violation of his right;
one month from the date of receipt by a citizen of a written notice of the refusal of a higher body, association, official, civil servant to satisfy the complaint or from the date of expiration of a month after the filing of the complaint, if a written response to it has not been received.

The deadline for filing a complaint missed for a good reason may be restored by the court.

If the employee does not agree with the decisions taken on his complaint by the above bodies and officials, he may file a complaint with the Commissioner for Human Rights in the Russian Federation, whose competence is enshrined in the Federal Constitutional Law of February 26, 1997 N 1-FKZ " On the Commissioner for Human Rights in the Russian Federation" (SZ RF. 1997. N 9. Art. 1011).

The right of trade unions, their associations, primary trade union organizations and their bodies to represent and protect the social and labor rights and interests of workers, incl. and in the field of labor protection, enshrined in Art. 11 of the Law on Trade Unions (see also comments to Art. 370).

According to paragraph 1 of part 1 of Article 219 of the Labor Code of the Russian Federation, an employee has the right, personally or through his representatives, to participate in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or his occupational disease.

In cases where the employee has disputes with the employer regarding the application of labor protection legislation, the collective agreement, as well as the terms of the employment contract (for example, the employee is not transferred to another job in accordance with medical opinion, a disabled person is attracted to overtime work without his consent), he may apply to the commission for labor disputes(KTS) at the place of work. In organizations where CCCs are not elected - directly to the court (see commentary to Article 391).

10. The right to an extraordinary medical examination or examination (in accordance with medical recommendations) with the preservation of the place of work (position) and average earnings for the employees at the time of the specified medical examination is only for those categories of employees specified in Part 1 of Art. 213.

11. For compensations provided in connection with the performance of hard work and work with harmful or dangerous working conditions, see commentary, respectively. to Art. Art. 116, 117, 147, 222.

Labor Code, N 197-FZ | Art. 219 of the Labor Code of the Russian Federation

Article 219 of the Labor Code of the Russian Federation. The right of an employee to work in conditions that meet the requirements of labor protection (current version)

Every employee has the right to:

a workplace that meets the requirements of labor protection;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated;

provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;

training in safe working methods and techniques at the expense of the employer;

additional professional education at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;

a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, by other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities that carry out state examination of working conditions, as well as trade union control over compliance with labor legislation and other acts containing labor law norms;

appeal to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, to the employer, to associations of employers, as well as to trade unions, their associations and other representative bodies authorized by employees on labor protection issues;

personal participation or participation through their representatives in the consideration of issues related to ensuring safe working conditions at his workplace, and in the investigation of an accident at work or an occupational disease that happened to him;

an extraordinary medical examination in accordance with medical recommendations while retaining his place of work (position) and average earnings during the passage of the specified medical examination;

guarantees and compensations established in accordance with this Code, a collective agreement, an agreement, a local normative act, an employment contract, if he is employed in work with harmful and (or) dangerous working conditions.

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Commentary on Art. 219 of the Labor Code of the Russian Federation

1. The commented article lists the basic rights that are designed to ensure not only the preservation of the life and health of an employee in the process labor activity but also the opportunity to keep the job in case of liquidation of the workplace due to violation of labor protection requirements.

Since many enshrined in Art. 219 of the Labor Code, the rights of an employee in the field of labor protection are specified in independent articles of the section "Labor protection" and other sections of the Code, when commenting on it, references are made to the relevant articles of the Labor Code. In addition, many of the rights of an employee correspond to those already considered enshrined in Art. 212 of the Labor Code, the obligations of the employer, giving an idea of a number of employee rights, for example, to a workplace that meets the requirements of labor protection, information about working conditions at the workplace. In this regard, the text of the commented article also refers to the article on the obligations of the employer. Some employee rights are considered simultaneously with the guarantees enshrined in Art. 220 TK.

2. Ensuring the creation at each workplace of working conditions that meet the requirements of labor protection is entrusted to the employer. On ensuring by the employer the right of the employee to a workplace that meets the requirements of labor protection, see comment. to Art. 212 TK.

3. Compulsory social insurance against accidents at work and occupational diseases is one of the types of social insurance and creates the basis for social guarantees for those injured at work. On the right of an employee to social insurance against industrial accidents and occupational diseases, see comment. to Art. 184 TK.

4. Ensuring that employees are informed about the conditions and labor protection at the workplace, about the risk of damage to health, guarantees provided to them, compensations due to them and personal protective equipment is entrusted to the employer. On ensuring the right of an employee to receive reliable information about the conditions and labor protection at his workplace, see comment. to Art. 212 TK.

5. The right of an employee to refuse to perform work in the event of a danger to his life and health due to violation of labor protection requirements follows from Part 3 of Art. 37 of the Constitution of the Russian Federation, according to which everyone has the right to work in conditions that meet the requirements of safety and hygiene. In the event that an immediate danger to the life and health of an employee arises in the course of work due to a violation of labor protection requirements (with the exception of cases provided for by federal laws), he has the right not to perform work until such danger has been eliminated (for example, refuse to work at heights without protective devices and in the absence of safety belt). In this case, the employer is obliged to provide him with another job while the danger is eliminated. If for objective reasons this is not possible, the downtime of the employee until the danger to his life and health is eliminated is paid by the employer in accordance with the law (see comments to Article 157 of the Labor Code).

As seen from the provisions of Part 7 of Art. 220 of the Labor Code, the employee also has the right to refuse to perform work with harmful or dangerous working conditions that are not provided for by the employment contract. At the same time, cases when an employee cannot exercise such a right are not indicated in the Labor Code. Since the Code does not contain norms prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer due to operational necessity on the grounds specified in Art. 72.2 of the Labor Code, the employee's refusal to temporary transfer for another job in accordance with Art. 72.2 of the Labor Code for the above reasons is considered reasonable (clause 19 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2).

An employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing work with harmful and (or) dangerous working conditions does not entail any adverse consequences for him, for example, an employee cannot be subjected to disciplinary action. collection.

6. On the provision of personal and collective protective equipment, see comment. to Art. Art. 221 and 212 of the Labor Code.

7. For training in safe labor methods and techniques at the expense of the employer, see comments. to Art. 225 TK.

8. The decision to liquidate the workplace due to violation of labor protection requirements and to receive additional professional education by the employees released in connection with this is made by the employer. The employer, at his own expense, provides additional professional education on the terms and in the manner determined by the collective agreement, agreements, labor contract (Article 196 of the Labor Code).

9. An employee has the right to make a request for an inspection of labor conditions and labor protection at his workplace by the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, by other federal executive bodies exercising state control (supervision) in the established field of activity, executive authorities that carry out state examination of working conditions, as well as trade union control over compliance with labor legislation and other acts containing labor law norms. Corresponding with this right of the employee are the corresponding powers of the indicated bodies (see Articles 356 and 370 of the Labor Code).

According to Dubikov V.A., he has the right to receive compensation for non-pecuniary damage caused by an occupational disease at work, on the basis of Articles 212 and 219 of the Labor Code of the Russian Federation, paragraph two of paragraph 3 of Article 8 of the Federal Law of July 24, 1998 No. 125 -FZ "On compulsory social insurance against accidents at work and occupational diseases" and articles 151, 1064 and 1101 of the Civil Code of the Russian Federation. Assuming that the occupational disease was obtained through the fault of Siberian Anthracite CJSC under the influence of harmful production factors while working at this enterprise ...

Decision of the Supreme Court: Determination N 18-KG15-221, Judicial Collegium for Civil Cases, cassation

From the above provisions of regulatory legal acts, it follows that the employer, based on Art. 92, 117, 147 and 219 of the Labor Code of the Russian Federation, may independently, based on the results of attestation of workplaces for working conditions, establish one or more compensations for employees, increased or additional compensation for hard work...

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Article 219. The right of an employee to work in conditions that meet the requirements of labor protection

Every employee has the right to:

a workplace that meets the requirements of labor protection;

compulsory social insurance against industrial accidents and occupational diseases in accordance with federal law;

provision of means of individual and collective protection in accordance with the requirements of labor protection at the expense of the employer;

training in safe working methods and techniques at the expense of the employer;

additional professional education at the expense of the employer in case of liquidation of the workplace due to violation of labor protection requirements;

Article 220

The state guarantees employees the protection of their right to work in conditions that meet the requirements of labor protection.

The working conditions stipulated by the employment contract must comply with the requirements of labor protection.

For the period of suspension of work due to an administrative suspension of activities or a temporary ban on activities in accordance with the legislation of the Russian Federation due to violation of state regulatory requirements for labor protection through no fault of the employee, the place of work (position) and average earnings are retained. For this time, the employee, with his consent, may be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings for the previous job.

If an employee refuses to perform work in the event of a danger to his life and health (with the exception of cases provided for by this Code and other federal laws), the employer is obliged to provide the employee with another job for the time the danger is eliminated.

If it is impossible for an employee to provide other work for objective reasons, the downtime of the employee until the danger to his life and health is eliminated is paid by the employer in accordance with this Code and other federal laws.

In case of failure to provide the employee in accordance with the established norms with the means of individual and collective protection, the employer does not have the right to demand from the employee the performance of labor duties and is obliged to pay for the idle time that has arisen for this reason in accordance with this Code.

An employee's refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements or from performing work with harmful and (or) dangerous working conditions not provided for by the employment contract does not entail bringing him to disciplinary liability.

In the event of harm to the life and health of an employee in the performance of his labor duties, compensation for the said harm is carried out in accordance with federal law.

In order to prevent and eliminate violations of state regulatory requirements for labor protection, the state ensures the organization and implementation of federal state supervision over their observance and establishes the responsibility of the employer and officials for violation of these requirements.

Article 221. Providing employees with personal protective equipment

At work with harmful and (or) dangerous working conditions, as well as at work performed in special temperature conditions or associated with pollution, employees are issued free of charge special clothing, special footwear and other personal protective equipment that have passed mandatory certification or declaration of conformity, as well as washing and (or) neutralizing agents in accordance with model rules, which are established in the manner determined by the Government of the Russian Federation.

The employer has the right, taking into account the opinion of the elected body of the primary trade union organization or other representative body of employees and their financial and economic situation to establish the norms of free issue to employees special clothing, special footwear and other personal protective equipment that improve, compared with standard norms, the protection of workers from harmful and (or) dangerous factors present at the workplace, as well as special temperature conditions or pollution.

The employer, at his own expense, is obliged, in accordance with the established norms, to ensure the timely issuance of special clothing, special footwear and other personal protective equipment, as well as their storage, washing, drying, repair and replacement.

Article 222

At jobs with harmful working conditions, employees are given milk or other equivalent food products free of charge according to established norms. Issuance of milk or other equivalent products to employees according to the established norms food products on written applications of employees, it can be replaced by a compensation payment in an amount equivalent to the cost of milk or other equivalent food products, if this is provided for by a collective agreement and (or) an employment contract.

At works with especially harmful working conditions, therapeutic and preventive nutrition is provided free of charge according to established standards.

The norms and conditions for the free distribution of milk or other equivalent food products, therapeutic and preventive nutrition, the procedure for making the compensation payment provided for in part one of this article, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Article 223

Sanitary service and medical support of employees in accordance with the requirements of labor protection is the responsibility of the employer. For these purposes, the employer, in accordance with established standards, equips sanitary facilities, rooms for eating, rooms for providing medical care, lounges in working time and psychological relief; first aid posts are organized, equipped with first aid kits; devices (devices) are installed to provide workers of hot shops and areas with carbonated salt water, and more.

Transportation to medical organizations or to the place of residence of employees affected by accidents at work and occupational diseases, as well as for other medical reasons, is carried out by the employer's vehicles or at his expense.

Article 224. Additional labor protection guarantees for certain categories of employees

In the cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged: to comply with the established for certain categories workers restrictions on their involvement in the performance of work with harmful and (or) dangerous working conditions, the performance of work at night, as well as overtime work; to transfer employees who, for health reasons, need to be provided with easier work, to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment; establish rest breaks included in working hours; create working conditions for the disabled in accordance with the individual rehabilitation program; carry out other activities.

Article 225. Training in the field of labor protection

All employees, including heads of organizations, as well as employers - individual entrepreneurs, are required to undergo training in labor protection and testing knowledge of labor protection requirements in the manner established by the federal executive body authorized by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

For all persons entering work, as well as for employees transferred to another job, the employer or a person authorized by him is obliged to instruct in labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims.

The employer provides training for persons entering work with harmful and (or) dangerous working conditions, safe methods and techniques for performing work with internships at the workplace and passing exams, and conducting their periodic training in labor protection and testing knowledge of labor protection requirements during the period of work.

The state promotes the organization of training on labor protection in organizations engaged in educational activities.

The state provides training of specialists in the field of labor protection.

Article 226. Financing of measures to improve working conditions and labor protection

Financing of measures to improve working conditions and labor protection is carried out at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, extrabudgetary sources in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments.

Financing of measures to improve working conditions and labor protection can also be carried out at the expense of voluntary contributions from organizations and individuals.

Financing of measures to improve working conditions and labor protection by employers (with the exception of state unitary enterprises and federal institutions) is carried out in the amount of at least 0.2 percent of the cost of production of products (works, services). A typical list of measures annually implemented by the employer at the expense of these funds to improve conditions and labor protection and reduce the levels of occupational risks is established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor.

In sectors of the economy, constituent entities of the Russian Federation, territories, as well as employers, labor protection funds may be created in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, and regulatory legal acts of local governments.

The employee does not bear the cost of financing measures to improve working conditions and labor protection.

Article 227. Accidents subject to investigation and accounting

Investigation and accounting in accordance with this chapter are subject to accidents that occurred with employees and other persons participating in production activities employer (including with persons subject to mandatory social insurance from accidents at work and occupational diseases), in the performance of their labor duties or performance of any work on behalf of the employer (his representative), as well as in the performance of other lawful actions due to labor relations with the employer or committed in his interests.

To persons involved in the production activities of the employer, in addition to employees performing their duties on employment contract in particular include:

employees and other persons receiving education in accordance with the student agreement;

students undergoing industrial practice;

persons suffering from mental disorders participating in productive work at medical and industrial enterprises in the order of occupational therapy in accordance with medical recommendations;

persons sentenced to imprisonment and involved in labor;

persons involved in the prescribed manner in the performance of socially useful work;

members production cooperatives and members of peasant (farm) households, taking personal labor participation in their activities.

Investigation in accordance with the established procedure as accidents are subject to events as a result of which the victims received: bodily injuries (injuries), including those inflicted by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other damage to health caused by exposure external factors which entailed the need to transfer the victims to another job, temporary or permanent loss of their ability to work or death of the victims, if these events occurred:

during working hours on the territory of the employer or in another place of work, including during established breaks, as well as during the time necessary to put in order the tools of production and clothing, perform other actions provided for by the internal labor regulations before and after completion of work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;

when going to the place of work or from work on a vehicle provided by the employer (his representative), or on a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract;

when going to a place business trip and back, during business trips by public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;

when traveling on a vehicle as a shifter during inter-shift rest (driver-shifter on a vehicle, conductor or mechanic of the refrigerator section on a train, a member of the mail car brigade, and others);

at work on a rotational basis during inter-shift rest, as well as while on board a ship (air, sea, river) in time free from watch and ship work;

when performing other lawful actions due to labor relations with the employer or performed in his interests, including actions aimed at preventing a catastrophe, accident or accident.

Investigation in the prescribed manner as accidents is also subject to the events specified in part three of this article, if they occurred with persons involved in the prescribed manner to participate in the work to prevent a catastrophe, accident or other emergency or in the work to eliminate their consequences.

Section 228. Obligations of an Employer in the Event of an Accident

In case of accidents specified in Article 227 of this Code, the employer (his representative) is obliged:

immediately organize first aid to the victim and, if necessary, deliver him to a medical organization;

take urgent measures to prevent the development of an emergency or other emergency and the impact of traumatic factors on others;

prior to the investigation of the accident, preserve the situation as it was at the time of the incident, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to maintain it, record the current situation (draw up diagrams , take photographs or videotapes, other events);

immediately inform the authorities and organizations specified in this Code, other federal laws and other regulatory legal acts of the Russian Federation about the accident, and also the relatives of the victim about a severe or fatal accident;

take other necessary measures to organize and ensure a proper and timely investigation of the accident and the execution of investigation materials in accordance with this chapter.

Article 228.1. Procedure for notification of accidents

In case of a group accident (two or more people), a severe accident or an accident with a fatal outcome, the employer (his representative) must send a notice in the prescribed form within 24 hours:

to the appropriate territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;

to the prosecutor's office at the scene of the accident;

to the executive authority of the constituent entity of the Russian Federation and (or) the local self-government body at the place state registration legal entity or individual as an individual entrepreneur;

the employer who sent the worker with whom the accident occurred;

to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in an organization or at a facility controlled by this body;

to the executive body of the insurer on issues of compulsory social insurance against industrial accidents and occupational diseases (at the place of registration of the employer as an insurer).

In the event of a group accident, a severe accident or a fatal accident, the employer (his representative) is also obliged to send a notice in the prescribed form to the appropriate territorial association of trade union organizations within 24 hours.

About an accident that occurred on a ship at sea (regardless of its departmental (industry) affiliation), the captain of the ship must immediately inform the employer (ship owner), and if the ship is on a foreign voyage - also to the appropriate consulate of the Russian Federation.

The employer (shipowner), upon receipt of a message about a group accident, a serious accident or a fatal accident that occurred on the ship, must send a notice in the prescribed form to:

the relevant territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms;

the relevant prosecutor's office at the place of registration of the ship;

the relevant federal executive authorities authorized to exercise federal state supervision in the field of the use of atomic energy and state supervision in the field of radiation safety, if an accident occurred at a nuclear power plant ship or when transporting nuclear materials, radioactive substances and waste;

the respective territorial association of trade union organizations;

the executive body of the insurer on issues of compulsory social insurance against industrial accidents and occupational diseases (at the place of registration of the employer as an insurer).

About accidents that, after a lapse of time, have moved into the category of severe or fatal accidents, the employer (his representative) within three days after receiving information about this sends a notice in the prescribed form to the appropriate territorial body of the federal executive body authorized for the implementation of federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, the territorial association of trade union organizations and the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, if the accident occurred in the organization or at an object controlled by this body, and about insured events - to the executive body of the insurer (at the place of registration of the employer as an insured).

About cases acute poisoning the employer (his representative) informs the appropriate body of the federal executive body exercising the functions of federal state sanitary and epidemiological supervision.

Article 229. Procedure for the formation of commissions for the investigation of accidents

To investigate the accident, the employer (his representative) immediately forms a commission of at least three people. The commission includes a labor protection specialist or a person appointed responsible for organizing work on labor protection by an order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of employees, 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 field of activity.

When investigating an accident (including a group one), as a result of which one or more victims received severe injuries to health, or an accident (including a group one) with a fatal outcome, the commission also includes a state labor inspector, representatives of the executive authority of a constituent entity of the Russian Federation. 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 insurer). 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 (instruction) of the employer. Persons who are directly responsible for 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, the authorized representative of the victim, a labor protection specialist, who may be involved in the investigation of the accident and on a contractual basis, take part.

An accident that occurred with 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 this person. The non-arrival or untimely arrival of the said representative is not grounds for changing the terms of the investigation.

An accident that occurred with 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), to whom this territory is assigned by ownership, possession , use (including lease) and on other grounds.

An accident that occurred with a person who performed work on behalf of the employer (his representative) at 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 on whose territory it was carried out.

An accident that occurred to an employee while performing part-time work is investigated and accounted for at the place of part-time work. In this case, the employer (his representative) who conducted the investigation, with the written consent of the employee, may inform the employer of the results of the investigation at the victim's main place of work.

The 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 the catastrophe, accident or other damage to the vehicle, conducted by the relevant federal executive body responsible for state control (supervision) in the established field of activity, bodies of inquiry, 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 an 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 who were dependents of 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 authorized representative 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 representative, 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 the commission also includes a representative of the territorial body of the federal executive body exercising the functions of federal state supervision in the field of the use of atomic energy.

In the event of an accident that occurs in an organization or at a facility controlled by a territorial body of the federal executive body exercising the functions 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 a 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 relevant state labor inspectorate or his deputy for labor protection, and when investigating an accident that occurred in an organization or at an object controlled by a territorial body of a federal executive body that exercises control and supervision functions in in the field of industrial safety, - the head of this territorial body.

Article 229.1. Terms of investigation of accidents

The investigation of an accident (including a group one), as a result of which one or more victims received minor health injuries, is carried out by the commission within three days. Investigation of an accident (including a group one), as a result of which one or more victims received severe health damage, or an accident (including a group one) with a fatal outcome is carried out by the commission within 15 days.

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s incapacity for work did not occur immediately is investigated in the manner prescribed by this Code, other federal laws and other regulatory legal acts of the Russian Federation, at the request of the victim or his authorized representative within one months from the date of receipt of the said application.

If it is necessary to conduct an additional verification of the circumstances of the accident, obtain appropriate medical and other conclusions, the time periods specified in this article may be extended by the chairman of the commission, but not more than for 15 days. If it is not possible to complete the investigation of the accident within the established time limits due to the need to consider its circumstances in the organizations that carry out the examination, bodies of inquiry, bodies of investigation or in court, then the decision to extend the investigation of the accident is made in agreement with these organizations, bodies or according to their decisions.

Article 229.2. Procedure for conducting an accident investigation

When investigating each accident, the commission (in the cases provided for by this Code, the state labor inspector who independently conducts an investigation of the accident) identifies and interrogates eyewitnesses of the accident, persons who committed violations of labor protection requirements, receives the necessary information from the employer (his representative) and, if possible, explanations from the victim.

At the request of the commission, in cases necessary for the investigation, the employer, at his own expense, provides:

performance of technical calculations, laboratory research, testing, other expert work and the involvement of experts for this purpose;

photographing and (or) video filming of the scene and damaged objects, drawing up plans, sketches, diagrams;

provision of transport, office space, means of communication, special clothing, special footwear and other personal protective equipment.

Accident investigation materials include:

an order (instruction) on the establishment of a commission to investigate the accident;

plans, sketches, diagrams, protocol of inspection of the scene, and if necessary - photo and video materials;

documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;

extracts from the logs of registration of briefings on labor protection and protocols for checking the knowledge of the victims of labor protection requirements;

records of interviews of eyewitnesses of the accident and officials, explanations of the victims;

expert opinions of specialists, results of technical calculations, laboratory studies and tests;

a medical opinion on the nature and severity of the damage caused to the health of the victim, or the cause of his death, the presence of the victim at the time of the accident in a state of alcoholic, narcotic or other toxic intoxication;

copies of documents confirming the issuance of special clothing, special footwear and other personal protective equipment to the victim in accordance with applicable standards;

extracts from the instructions of state labor inspectors and officials of the territorial body of the relevant federal executive body exercising functions of state supervision in the established field of activity previously issued to the employer and relating to the subject of the investigation (if the accident occurred in an organization or at a facility controlled by this body), and also extracts from the submissions of trade union labor inspectors on the elimination of identified violations of labor protection requirements;

other documents at the discretion of the commission.

The specific list of investigation materials is determined by the chairman of the commission, depending on the nature and circumstances of the accident.

On the basis of the collected materials of the investigation, the commission (in the cases provided for by this Code, the state labor inspector who independently conducts an investigation of the accident) establishes the circumstances and causes of the accident, as well as persons who committed violations of labor protection requirements, develops proposals to eliminate the identified violations, causes of the accident and prevention of similar accidents, determines whether the actions (inaction) of the victim at the time of the accident were due to labor relations with the employer or participation in his production activities, if necessary, decides which employer records the accident, qualifies the accident as an accident an accident at work or as an accident not related to work.

Investigated in the prescribed manner and by decision of the commission (in the cases provided for by this Code of the state labor inspector who independently conducted the investigation of the accident), depending on the specific circumstances, they can be qualified as accidents not related to production:

death due to a general illness or suicide, confirmed in the prescribed manner, respectively, by a medical organization, investigating authorities or a court;

death or damage to health, the sole cause of which was, according to the conclusion medical organization alcohol, narcotic or other toxic intoxication (poisoning) of the victim, not associated with violations technological process in which technical alcohols, aromatic, narcotic and other toxic substances are used;

an accident that occurred when the victim committed actions (inaction), qualified law enforcement as a criminal offence.

An accident at work is an insured event if it occurred with an insured person or another person subject to compulsory social insurance against accidents at work and occupational diseases.

If, during the investigation of an accident with the insured, it is established that the gross negligence of the insured contributed to the occurrence or increase of harm caused to his health, then, taking into account the conclusion of the elected body of the primary trade union organization or other body authorized by employees, the commission (in the cases provided for by this Code, the state labor inspector, independently conducting investigation of an accident) establishes the degree of fault of the insured in percentage terms.

Part nine is no longer valid.

The regulation on the specifics of the investigation of accidents at work in certain industries and organizations and the forms of documents required for the investigation of accidents are approved in the manner established by the federal executive body authorized by the Government of the Russian Federation.

Article 229.3. Investigation of accidents by state labor inspectors

The state labor inspector upon revealing a hidden accident, receiving a complaint, application, other appeal from the victim (his legal representative or other authorized person), a person who was dependent on the deceased as a result of an accident, or a person who was closely related or related to him ( their legal representative or other authorized representative), on their disagreement with the conclusions of the commission for the investigation of the accident, as well as upon receipt of information objectively indicating a violation of the investigation procedure, conducts an additional investigation of the accident in accordance with the requirements of this chapter, regardless of the limitation period of the accident . Additional investigation is carried out, as a rule, with the involvement of trade union inspector labor, and if necessary - representatives of the relevant federal executive body exercising state control (supervision) in the established field of activity, and the executive body of the insurer (at the place of registration of the employer as an insurer). Based on the results of an additional investigation, the state labor inspector draws up a conclusion on the accident at work and issues an order that is mandatory for the employer (his representative).

The state labor inspector has the right to oblige the employer (his representative) to draw up a new act on an industrial accident if the existing act is drawn up with violations or does not correspond to the materials of the accident investigation. In this case, the previous act on the accident at work is recognized as invalid on the basis of the decision of the employer (his representative) or the state labor inspector.

Article 230

For each accident, qualified by the results of the investigation as an accident at work and entailing the need to transfer the victim in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, to another job, loss of ability to work on a period of at least one day or the death of the victim, an act on an accident at work is drawn up in the prescribed form in two copies, having equal legal force, in Russian or in Russian and the state language of the republic that is part of the Russian Federation.

In case of a group accident at work, an act on an accident at work is drawn up for each victim separately.

In the event of an accident at work with the insured, an additional copy of the report on the accident at work is drawn up.

The act on an accident at work must contain a detailed description of the circumstances and causes of the accident, as well as the persons who committed violations of labor protection requirements. If the fact of gross negligence of the insured, which contributed to the occurrence of harm or an increase in the harm caused to his health, is established, the act indicates the degree of fault of the insured as a percentage, established by the results of the investigation of the accident at work.

After the completion of the investigation, the report on the accident at work is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified with a seal (if there is a seal).

The employer (his representative), within three days after the completion of the investigation of an accident at work, is obliged to issue one copy of the certificate of an accident at work approved by him to the victim (his legal representative or other authorized person), and in case of a fatal accident at work - to persons who were dependents of the deceased, or persons who were closely related or related to him (their legal representative or other authorized person), at their request. The second copy of the said act, together with the materials of the investigation, is kept for 45 years by the employer (his representative), who, by decision of the commission, records this accident at work. In case of insured accidents, the employer (his representative) sends the third copy of the report on the accident at work and copies of the materials of the investigation to the executive body of the insurer (at the place of registration of the employer as an insurer) within three days after the completion of the investigation of the accident at work.

In the event of an accident at work that occurred with a person who was sent to perform work to another employer and participated in his production activities (part five of Article 229 of this Code), the employer (his representative) who had the accident sends a copy of the accident report at work and a copy of the investigation materials at the place of the main work (study, service) of the victim.

Based on the results of the investigation of an accident qualified as an accident not related to production, including a group accident, a serious accident or an accident with a fatal outcome, the commission (in the cases provided for by this Code, the state labor inspector who independently conducted the investigation of the accident) draws up an act on the investigation of the relevant accident in the prescribed form in two copies of equal legal force, which are signed by all persons who conducted the investigation.

The results of the investigation of an accident at work are considered by the employer (his representative) with the participation of the elected body of the primary trade union organization in order to take measures aimed at preventing accidents at work.

Article 230.1. The procedure for registration and accounting of accidents at work

Each industrial accident documented in accordance with the established procedure shall be registered by the employer (his representative), who, in accordance with the decision of the commission (in the cases provided for by this Code, the state labor inspector who independently investigated the industrial accident), records it in the register of industrial accidents. in the prescribed form.

One copy of the act on the investigation of a group accident at work, a severe accident at work, an accident at work with a fatal outcome, together with copies of the investigation materials, including copies of reports on an accident at work for each victim, by the chairman of the commission (in the cases provided for by this Code by the state labor inspector who independently conducted the investigation of the accident) within three days after submission to the employer is sent to the prosecutor's office, to which the accident was reported. The second copy of this act, together with the materials of the investigation, is kept for 45 years by the employer who had this accident. Copies of this act, together with copies of the materials of the investigation, are sent: to the relevant state labor inspectorate and the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity - in case of accidents at work that occurred in organizations or at facilities controlled by this body, and insured event- also to the executive body of the insurer (at the place of registration of the employer as an insurer).

Copies of acts on the investigation of accidents at work (including group ones), as a result of which one or more victims received serious injuries to their health, or accidents at work (including group ones) that ended in death, together with copies of acts on the accident at production for each victim are sent by the chairman of the commission (in the cases provided for by this Code, a state labor inspector who independently conducted an investigation of an accident at work) to the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor norms. law, and the relevant territorial association of organizations of trade unions to analyze the state and causes of industrial injuries in the Russian Federation and develop proposals for its prevention.

At the end of the period of temporary disability of the victim, the employer (his representative) is obliged to send to the relevant state labor inspectorate, and, if necessary, to the territorial body of the relevant federal executive body exercising state control (supervision) in the established field of activity, a message in the prescribed form on the consequences accident at work and measures taken to prevent accidents at work.

Article 231

Disagreements on the investigation, registration and accounting of accidents, non-recognition by the employer (his representative) of the fact of an accident, refusal to investigate the accident and draw up an appropriate act, disagreement of the victim (his legal representative or other authorized person), and in case of accidents with a fatal outcome - persons who were dependents of the deceased as a result of an accident, or persons who were closely related or related to him (their legal representative or other authorized person), with the content of the accident report, are considered by the federal executive body authorized to implement the federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, and its territorial bodies, the decisions of which can be appealed to the court. In these cases, filing a complaint is not a reason for the employer (his representative) not to comply with the decisions of the state labor inspector.

Part Three

Section X. Labor protection

Chapter 38 Material liability employer to employee