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Article 230. Completion of materials on accidents in production and their registration
For every accident in production, which caused the necessity to transfer the employee according to the medical findings to a different job, loss of the employee's ability to work for not less than a day or his death, a statement of the accident in production shall be completed in two copies in the Russian language or both in the Russian language and the public language of the relevant Russian Federation's subject.
If there is a multiple accident in production, the statement shall be completed for each victim singly.
If the accident in production happened to an employee having a labor relationship with a different employer, the statement of the accident shall be completed in three copies, two of which along with the accident investigation documents and materials and the statement of the investigation shall be sent to the employer, with which the victim has/had a labor relationship. The third copy of the statement, investigation materials and documents shall be retained by the employer, where the accident took place.
If the accident in production involved an insured person, an extra copy of the statement of the accident in production shall be completed.
The results of investigation of the accidents in production shall be reviewed by the employer with the involvement of the trade union body of the relevant organization in order to make the decisions aimed at prevention of accidents in production.
The statement of an accident in production shall describe the details of the circumstances and causes of the accident in production and also indicate the persons having committed breaches of the labor safety and protection. If it is found that it was the insured person's gross carelessness that aided in initiation or an increase of the damage caused to his health, the statement shall indicate the insured person's gilt in per cent as determined by the commission having investigated the accident in production.
The statement of the accident in production shall be signed by the commission members, approved by the employer or his authorized representative, certified by the seal and registered in the log for registration of accidents in production.
Within three days after the statement of the accident in production has been approved, the employer or his authorized representative shall issue one copy of said statement to the victim or the victim's relations or proxy at their request, if there was a fatal accident in production. The second copy of the statement of the accident shall be stored at the victim's workplace at the moment of the accident in production for forty-five years. In insurance cases the employer shall send the third copy of the statement of the accident and the investigation materials to the underwriter's executive body (at the place where the insured person was registered).
Based on the results of investigation of a multiple accident in production, heavy accident in production or fatal accident in production, the commission (or the public labor protection inspector in established instances) shall complete a report about the investigation of the relevant accident in production.
The reports about the investigation of multiple accidents in production, heavy accidents in production, fatal accidents in production along with the investigation documents and materials attached to the relevant report and copies of statements of the accident in production for each victim shall be sent by the commission chairman within three days after their approval to the prosecutor's office, which has been informed of the accident in production and if there was an insurance case, these shall be also sent to the underwriter's executive body (at the place where the insured person was registered). Copies of said documents shall be also sent to the relevant government labor inspectorate and the territorial agency of the relevant federal supervision - for the accidents, which have taken place in the organizations/facilities accountable to them.
The commission chairman shall send copies of the reports about the investigation of multiple accidents in production, heavy accidents in production, and fatal accidents in production along with copies of the statements of the accident in production for every victim to the federal labor inspectorate and the affiliated federal executive power body for review of the status and causes of the industrial injuries in the Russian Federation and elaboration of the proposals on their prevention.
The following cases shall be investigated and qualified as accidents not associated with production, an arbitrary form report being completed:
death due to a general disease or suicide confirmed in line with the established procedure by a health care establishment and investigation agencies;
death or health damage, the single cause of which was (as stated in the findings of a health care establishment) alcoholic, narcotic or toxic intoxication (poisoning) of the employee not associated with any breaches of the engineering process flow, where technical alcohol, aromatic, narcotic and other similar substances are used;
accident, which took place, while the victim was committing a misdemeanor, which contained signs of a criminal offence, according to the findings of law enforcement bodies.
The arbitrary form report along with the investigation materials shall be kept in storage for 45 years.
After the temporary victim's inability to work is expired, the employer or his authorized representative shall send to the relevant government labor inspectorate and to the territorial government supervision agency, if necessary, the information about the consequences of the accident in production and actions taken to prevent accidents.
About the accidents in production, which changed over, as the time elapsed, to the category of heavy or fatal accidents, the employer or his authorized representative shall report to the relevant government labor inspectorate, the relevant trade union body and to the territorial agencies of the relevant federal supervision, if the accidents took place in facilities accountable to them. The insurance cases shall be reported to the underwriter's executive body (at the place, where the insured person was registered).
If a hidden accident in production is discovered or a complaint, application or any other appeal of the victim, his proxy or the relations of a victim, which died as a result of the accident, stating their disagreement with the findings of the investigation commission is filed, and if there is also any information from the employer or his authorized representative about the consequences of an accident in production, after the temporary victim's inability to work is expired, the public labor protection inspector shall investigate the accident in production in line with the provisions of this article regardless of the prescription of the accident, involving the trade union labor inspector, as a rule, and a representative of another government supervision agency, if required.
The public labor protection inspector shall draw up a conclusion based on the results of the investigation and shall also issue directions, which shall be mandatory for compliance by the employer or his authorized representative.
The public labor protection inspector shall be entitled to oblige the employer or his authorized representative to complete a new statement of the accident in production, if the statement available has been completed with breaches or it does not correspond to the accident investigation materials. In this case the previous statement of the accident in production shall be considered null and void based on the employer's, his authorized representative's or public labor protection inspector's decision.