Procedure and sample for filling out the act form No. N-1 (nuances)

When is the act drawn up in form N-1 and what information does it contain?

Form N-1 report is a mandatory element of the package of documents drawn up during the accident investigation process.
For more information about what documents are included in this package, see this material .

You will find a step-by-step algorithm for conducting an investigation of the National Assembly in the Guide from ConsultantPlus. A free trial of full access to the legal system is available.

The form of the report on an industrial accident was approved by Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

The information specified in the act can be divided into 3 blocks:

initial data and information (about the victim, employer, composition of the NS investigation commission, etc.);
description of the circumstances of the accident (including the type of incident, causes of the accident, witnesses, etc.);
organizational and final block of information.

For details on filling out the two above blocks, see the material “Act on an accident at work (nuances)” .

In the following sections we will dwell in more detail on the nuances of the design of the organizational and final block of information.

How to register a work injury

In a situation where an employee of an enterprise is injured while performing his work functions or receives an industrial injury on the way to work, the registration algorithm is as follows:

Notifying the employer about a work-related injury (by the victims themselves or by witnesses to the incident), providing first aid and transporting to a medical facility.
Creation of a commission , which, after conducting an investigation, draws up a corresponding act.
Signing a protocol with the commission’s decision , which outlines the conclusions made during the investigation. This document is the basis for payments.

“Percentage” qualification of the degree of guilt of the victim

An important aspect when filling out the act f. N-1 - determining the degree of guilt of the victim if the insurance company is insured.

In Art. 229.2 of the Labor Code of the Russian Federation says the following about this. The degree of guilt of the insured (in%) is established by the investigation commission:

when it is revealed that harm to the victim’s health has occurred or increased as a result of his gross negligence;
taking into account the conclusion of the trade union (in certain cases, the state labor inspector who independently investigates the NS) or another body authorized by the employees.

The purpose of such a “percentage qualification” of the victim’s fault is the need to recalculate insurance payments intended to restore health if there was gross negligence on the part of the victim.

IMPORTANT! The amount of monthly insurance payments may be reduced (but not more than by 25%) depending on the degree of guilt of the insured (Article 14 of the Law “On Compulsory Social Insurance against Social Security at Work” dated July 24, 1998 No. 125-FZ).

The following must be taken into account:

for those guilty of accidents, but not victims, the percentage is not established and insurance payments are not paid;
in the event of the death of the victim, payments cannot be reduced;
If the injury to health occurred due to the intent of the insured, which is confirmed by the conclusion of law enforcement agencies, compensation is not paid.

Thus, the amount of material compensation is directly dependent on the decision of the investigation commission on the degree of guilt of the victim. In this regard, the members of the commission have a responsible mission to correctly qualify the actions of the victim.

In particular, they must find out whether the victim’s actions were:

haste;
personal negligence;
imprudence;
disregard for personal safety;
the result of fatigue (fatigue);
uncoordinated actions;
incorrect assessment of the situation, etc.

The above actions of the victim are considered in conjunction with the actions of the employer. The commission is obliged to establish whether the employer has done everything in his power to prevent NS, including:

whether timely and high-quality training of the victim in safe work practices was carried out;
whether he was provided with personal protective equipment;
whether safe working conditions have been created;
whether supervisory functions on labor safety issues have been performed by the company's responsible persons;
what is the condition of the safety equipment (locking, fencing, etc.);
do the provisions of the internal instructions on labor protection comply with the requirements of regulatory documents (GOSTs, federal and industry standards, etc.), etc.

Only after a high-quality and comprehensive investigation in the act f. N-1 the corresponding “percentage” entry is made.

Receiving payments

If it is proven that the employee has temporarily or permanently lost his ability to work, the employer is obliged to make a number of payments in his favor. This is not only payment for sick leave, but also a one-time benefit, funds for treatment and rehabilitation.

The injured party must prepare a number of documents for this - a statement (according to the established template), a conclusion from a medical commission on the degree of loss of ability to work, a conclusion from a doctor on the type of rehabilitation, and a rehabilitation program. You will also need receipts for payment for treatment and rehabilitation.

Actions based on the results of the investigation

An employer that respects itself and its workforce carries out a regular set of measures aimed at preventing accidents. If labor safety issues in a company are resolved comprehensively and the employer does not skimp on the labor safety of its employees, accident situations become unlikely.

What points to pay attention to when organizing a labor protection system, read the article “Where to start labor protection at an enterprise (nuances)?”

If the accident did occur, when drawing up the act f. N-1 will have to fill out clause 11 “Measures to eliminate the causes of the accident, deadlines.”

This step in the overall scheme of investigating NS and filling out documentation has important preventive value. It allows:

analyze the causes of the onset of NS;
study in detail the effectiveness of the company’s occupational health and safety system;
assess the competence of specialists responsible for occupational safety;
determine measures to prevent accidents in the future.

The last of these points should be reflected in the act f. N-1. At the same time, the circumstances of the NS and the measures developed based on the results of the investigation must be interconnected. This will make it possible to build an effective mechanism for preventing (preventing) NS.

Requirements for the developed activities:

relate to specific dates and responsible persons;
comply with regulatory requirements in the field of labor protection;
do not have vague formulations, expressing the planned measure concisely and using the necessary technical terminology.

A poor-quality or superficially conducted investigation, in turn, can lead to the fact that the true causes of NS are not identified and, accordingly, this will not lead to the development of measures that will truly eliminate the potential danger of relapse of NS.

The final part of the act form N-1

The last information block of the act of form N-1 includes the full names of the members of the commission who conducted the investigation of the NS, and the date of drawing up the act.

The commission is a mandatory and basic element in the NS investigation scheme. Its numerical composition and powers are determined by law.

The algorithm for forming a commission to investigate the National Assembly is regulated by Art. 229 Labor Code of the Russian Federation.

This article defines the following:

the commission is formed by the employer (or his representative);
number of commission members - at least 3 people;
the composition of the investigation participants (commission members) is in relation to the type of emergency (according to the degree of harm caused to the victim’s health).

IMPORTANT! The differentiation of harm to health as a result of NS into severe and mild is made depending on the qualifying criteria specified in the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160.

The composition of the commission is detailed as follows:

subgroup “Minor harm to health” - the commission is headed by the employer (or his representative), the commission includes the specialist who decides labor safety issues in the company and a representative of the trade union;
subgroup “Serious harm to health (including death)” - the commission is headed by a state labor inspector, who determines the composition of the commission, taking into account the legislative requirements and circumstances of the National Assembly;
a representative of the FSS of Russia is included in the composition of the commission members (if the NS is an insurance company).

When forming the composition of the commission, it is necessary to observe the principles of rationality and objectivity: the absence of numerical and structural restrictions in the legislation does not mean the permissibility of an unreasonably inflated or reduced composition of the commission.

The structural parameters of the commission are determined by its chairman, taking into account the following nuances:

it is inadmissible to reduce the size of the commission below 3 people;
ensuring an odd number of commission members (to achieve objectivity in decisions);
mandatory inclusion of legally defined specialists in the commission;
distribution of responsibilities of each commission member;
assessing the feasibility of including representatives of other services and departments (firefighters, power engineers, etc.) in the commission.

All members of the commission participating in the investigation are required to sign the act. Prior to putting a signature on the act, the quality work of the chairman in forming the composition of the commission and the performance by each of its members of a certain set of duties. We'll talk about this in the next section.

ConsultantPlus experts told us how to store investigation materials and how to keep records of accidents at work. Get trial access to the system for free and go to the K+ Guide:

Responsibilities of commission members before signing the act

Each NS is unique and unique in terms of the conditions and circumstances of its occurrence, causes, consequences and other nuances. All this imposes great responsibility on the members of the commission for a high-quality investigation of the National Assembly.

The distribution of responsibilities among the members of the commission rests with its chairman. Its competence includes organizing the work of the commission as a single mechanism in order to:

all circumstances of the NS were established;
reasons analyzed;
the perpetrators have been identified;
conclusions are formulated.

The entire set of duties of commission members during the investigation of the National Assembly can be combined into the following block:

inspection of the scene of the incident (including using photo and video recording or other types of documentation);
collecting information about accidents: interviewing eyewitnesses of accidents (if any) and victims (if possible);
study of the level of organization of labor protection in the company: study of current regulatory documents and internal local acts that define the main aspects of the organization of labor protection (including the study of the scheme of responsibility for ensuring safe working conditions, determining the degree of guilt of officials, etc.);
other duties determined by the chairman of the commission depending on the circumstances of the SB.

The detail of the actions of the commission members depends on the number of victims and the mechanisms and other technical means involved. The commission is personally obliged to inspect the following mandatory objects:

structures, premises, vehicles where the accident occurred;
mechanisms, materials, tools and devices and (or) other objects of labor that injured the victim;
personal protective equipment used by the victim (to study their suitability and meet the conditions of compliance with regulatory requirements);
safety equipment and protective devices.

The result of such an examination may serve as a basis for the commission to decide on the need for additional procedures. Eg:

carrying out technical calculations;
organization of tests and (or) laboratory research;
attracting experts;
other actions.

Each investigative procedure requires commission members to conscientiously perform their duties and be able to work as a team.

Contents of the document

The basic information that must be present in the document includes:

date of incident;
information about the company and its director;
list of appointed commission members;
information about the employee who was injured;
the detailed circumstances under which the situation occurred;
characteristics of the workplace;
the condition of the victim at the time of injury, for example, if the employee is drunk, this must be recorded in the document;
a list of witnesses who were personally present at the accident and their testimony;
indication of specific people who, in the opinion of the commission, are guilty of what happened;
conclusions of experts.

Where is the sample act of form N-1 and what to do if it is lost (lost)?

You can see and download a completed sample act of form N-1 on our website using the link below:

act form N-1 you can also:

on the official website of the FSS in the section “Regulatory documents”;
websites of territorial social insurance offices;
in reference and legal systems.

Due to certain circumstances (fire, flooding, etc.), NS investigation documents may be lost partially or completely. This fact is regarded as the lack of objective confirmation of the fact of NS.

If such an incident affected the N-1 form, it is necessary to take certain steps to restore it. The procedure is described in the letter of the FSS of the Russian Federation dated June 28, 2005 No. 02-18/06-5771.

First of all, it is necessary to establish the fact of HC and properly qualify it.

To carry out the above actions:

further investigation is underway;
Based on its results, the state labor inspector issues a conclusion and an order to draw up an act on the NS.

At the same time, the lost and restored act on the Tax Code will not be completely identical due to the following circumstances:

the signatures of the commission members are replaced with a record stating that the act was drawn up on the basis of the conclusion of the state labor inspector who conducted the investigation;
Clause 8.2 of the report is filled in with information not only about the nature of the injuries received and the affected organ, but also about the health consequences that occurred at the time of the additional investigation.

An incident can only be declared an accident in court if, as a result of an additional investigation:

the fact of NS is not confirmed;
It is impossible to restore the act of form N-1.

Calculation of benefits

After an employee is injured and declared temporarily disabled, the management of the enterprise must pay him benefits based on sick leave. The benefit amount is 100% of salary, but previous work experience is not taken into account.

In addition, the injured worker has the right to receive payment for the purchase of medications and procedures. To do this, you must save all receipts confirming cash expenses.

The amount of lump sum compensation, which is paid from the social insurance fund, is calculated according to the following formula: the maximum payment for an injury is divided by the days of incapacity for work and multiplied by the days of sick leave.

But the amount of compensation cannot exceed that established by the Government. Payments must be made after the end of the proceedings. A period of 5 to 30 days is given for this. A collective agreement of an organization or enterprise may provide for financial assistance to an employee who has had an accident. An employee can recover moral damages only by a court decision.

Results

Filling out the form N-1 report is carried out at the final stage of the work of the special commission to investigate NS in production.

The information reflected in the report should not only decipher the circumstances and causes of the accident, but also allow one to correctly determine the amount of insurance compensation (if the case is insured), as well as detail measures to prevent future repetition of industrial injuries.

Sources:

Labor Code of the Russian Federation
Federal Law of July 24, 1998 No. 125-FZ
Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

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Storage

The management of enterprises where accidents occur should be responsible for saving the investigation reports drawn up by the commissions.

Such a document, according to the law, has a long shelf life.
According to the norms of the Labor Code of the Russian Federation, an accident investigation report is kept for 45 years.
But in 2010, an order was issued by the Ministry of Culture, according to which the document must be stored for 75 years. The period has been increased. What is the reason for such a long storage period?

An injured party may request an investigation into an accident that results in injury or death, regardless of the amount of time that has elapsed since the event. Even after decades.

IMPORTANT! If the management of the enterprise did not take care of the safety of the accident reports and they were lost, a fine of 300,000 to 500,000 rubles is prescribed.

It is also important to draw up such documents correctly, because a lot in the life of the injured party can depend on the correctness and accuracy of the information provided. Sometimes, due to errors in the act, people are deprived of their social disability benefits .

The act can be used as evidence in legal proceedings with the employer or social service, and for the court it is extremely important that all documents from the case are correctly completed.