Degree of Guilt of the Participants in the Industrial Injury. Research Results



Annotation:

According to the analysis of the materials of the investigation of industrial injury at hazardous production facilities of the oil and gas complex, the main cause of industrial injury is unsatisfactory organization of production of works. In most cases, the actions of the injured employee himself lead to his injury. In accordance with the labor legislation, the employer has the right to terminate the employment contract upon the establishment of violations of the requirements of industrial safety by the employee, which led to injury or accident.

Extensive judicial practice in resolving disputes on the dismissal of an employee on compensation for material and moral damage to employees who suffered from an incident indicates the existence of gaps in the legislation and the need to address them.

In order to protect the rights of the employee and the employer in the event of an industrial injury (when establishing the fact of gross negligence of the employee that led to the industrial injury), the work defines the threshold values for the degree of guilt:

an employee in an industrial injury, in which the employer is not entitled to refuse to compensate the employee for moral damage caused in connection with the industrial injury — less than 55 %;

an employee in an industrial injury, in which the employer is not entitled to dismiss the employee — less than 75 %;

employer, which excludes its full administrative and criminal liability — 10 % or less.

The results were obtained based on the expert assessment methods (experts from more than 30 oil and gas companies, as well as the representatives of the trade union, insurers, and the state labor inspectorate) and mathematical statistics.

The results of the research can be applied: at hazardous production facilities of the oil and gas complex as part of the improvement of integrated systems for managing occupational safety and industrial safety in terms of the procedure for investigating incidents; in judicial practice when deciding on the guilt of participants in incidents.

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DOI: 10.24000/0409-2961-2022-9-34-39
Year: 2022
Issue num: September
Keywords : industrial safety occupational safety hazardous production facility oil and gas complex employee employer industrial injury expert assessment degree of guilt
Authors:
  • Fomina E.E.
    Cand. Sci. (Eng.), Assoc. Prof., Department Deputy Head, fomina.e@gubkin.ru RGU of Oil and Gas (NIU) named after I.M. Gubkin, Moscow, Russia