Recorded as accidents related to work responsibilities, injuries to the health of workers associated with the performance of labor duties, or other actions on their own initiative in the interests of the employer, which led to disability or death if they occurred:
- before start or at the end of working time in the preparation and putting in order of the workplace, implements, personal protective equipment and other actions;
- during working time at the workplace, throughout the journey of the employee whose activities are related to movement between service facilities, including on the instructions of the employer, as well as during a business trip in the performance of labor duties;
- when traveling to the place of work or from work in a vehicle provided by the employer;
- on a personal vehicle with the written consent of the employer for the right to use it for duty purposes;
- when performing actions on their own initiative in the interests of the employer;
- along the pathway of working on a rotational basis from the place of collection (residence during the rotation) to or from work on a vehicle provided by the employer.
Are not subject to registration as accidents related to labor activity, injuries to the health of employees, during the investigation of which it is objectively established that they occurred:
- when the injured performs work or other actions on his own initiative that are not part of the employee’s functional duties and are not related to the employer’s interest, including during the period rotational vacation when working on a rotational basis, a break for rest and eating;
- in the case when the main reason was the state of intoxication, the use by the injured person of toxic and narcotic substances (their analogues);
- as a result of willfully (intentional) infliction of harm to one’s health, as well as when the injured person commits a criminal offence;
- due to a sudden decrement in the health of the injured, not related to the effects of production factors, confirmed by a medical report.
The responsibility for the organization of the investigation and registration of accidents, associated with labor responsibilities, and occupational diseases at production, respond the employer.
The employer must
- organize the provision of first aid to the injured and when necessary his delivery to the healthcare organization;
- keep the situation till investigationat the scene of an accident related to work (the state of equipment and machinery, tools) in the same form as at the time of the accident, provided that this does not threaten the life and health of others, and the violation the continuity of the production process will not lead to an accident, as well as photographing the scene of the accident;
- immediately inform the close relatives of the injured about the accident and send a message to the state bodies and organizations defined by this Code and other regulatory legal acts;
- allow members of commission to the special investigation to the scene of the accident to investigate an accident related to work.
The employer shall immediately within 24 hours report an accident related to work activities in the form established by the authorized state labor body:
- to the local labor inspection authority;
- to the territorial subdivision of the authorized body in the field of industrial safety in case of accidents, that occurred at hazardous production facilities;
- to the territorial subdivision of the state body in the field of sanitary and epidemiological welfare of the population about cases of occupational disease or poisoning;
- representatives of employees;
- an insurance company with which a contract has been concluded for insurance of an employee against accidents in the performance of his labor (official) duties;
- to the law enforcement body at the place where the accident occurred, and to the authorized bodies of industrial and departmental control and supervision in cases subject to special investigation.
During investigating an accident related to labor activities, at the request of the commission, the employer, at his own funds, provides:
- performing technical calculations, conducting laboratory research, testing, other expert work and attracting specialist-experts for these purposes;
- photographing the scene of the accident and damaged objectives, drawing up plans, sketches, schemes;
- provision of transport, office space, communications, special clothing and other personal protective equipment necessary for the investigation;
- provision of:
- documents characterizing the condition of the workplace;
- extracts from the logs of registration of briefings and protocols for testing the knowledge of injured on safety and labor protection, protocols of interviews with eyewitnesses of an accident related to labor activity, and officials, explanations of injured person, expert opinions of specialists;
- results of laboratory tests and experiments;
- a medical report on the nature and severity of the hurt caused to the health of the victim, or the cause of his death, on the presence (absence) of signs of alcohol, drug or toxic intoxication;
- copies of documents confirming the issuance of special clothing and other personal protective equipment to the injured;
- extracts from the directions issued earlier at the given production (facility) by state labor inspectors and officials of the territorial body of state supervision (if an accident related to labor activities occurred in an organization or in facility under control by this body);
- other documents which has relation to the consideration of the case, at the discretion of the commission.
Subject to special investigation:
2 people – chief state Labor Inspector;
3-5 people – chief state Labor Inspector of the Republic of Kazakhstan;
More than 5 people – Government Commission;
In the case of accident occurring at hazardous production facilities, a representative of the authorized body in the sphere of industrial safety takes part in the work of the commission;
In the event of an accident during an emergency, the representative of the authorized body in the sphere of industrial safety will be the chairman of the commission.
The materials of the investigation of an accident related to labor activities, along with the act of investigation must contain:
- information on the passage of training and instruction on labor protection of injured person, as well as preliminary and periodic medical examinations;
- protocols of the polls in the form established by the authorized state body for labor, and explanations of eyewitnesses of the incident, as well as officials responsible for compliance with safety and labor protection requirements;
- plans, schemes and photographs from the place of incident;
- records from instructions, provisions, orders and other acts regulating labor safety and labor protection requirements, duties and responsibilities of officials for ensuring healthy and safe working conditions at production and others;
- a medical report on the nature and severity of the injured person’s health (cause of death);
- the results of laboratory and other researches, experiments, expertise, analyzes and others;
- the conclusion (if available) of the chief state labor inspector;
- information on material damage caused to the employer;
- an order from the employer about reimbursing to the injured (family members) for the harm caused to health, and to hold officials responsible for the allowance of occurrence of this incident;
- a list of attached documents.
Not later than three working days after the completion of the investigation, one copy of the accident report shall be issued to the injured or his attorney-in-fact, in addition, shall be sent:
- an insurance organization with which a contract has been concluded for insurance of an employee against accidents in the performance of his labor (official) duties;
- to the local labor inspection body on paper and electronic media;
- to the state body in the sphere of sanitary and epidemiological welfare of the population in case of poisoning.
The materials of the investigation of an accident related to labor activities shall be stored in the organization (by the employer) for forty-five years; in the event of its liquidation, the materials of the investigation of the accident must be transferred to the state archive at the place of its activity.
About accidents, related with labor activities, which, over time, have become the category of serious or fatal accidents, the employer or his representative informs the appropriate local labor inspection body about the insurance events in insurance organizations