Article 187. Obligations of the employer in the investigation of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 187. Obligations of the employer in the investigation of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

1. The employer is obliged to:

1) arrange for the provision of first aid to the victim and, if necessary, his delivery to a healthcare organization;

2) to preserve, until the investigation begins, the situation at the scene of an accident related to work (the condition of equipment and mechanisms, tools) in the same form as at the time of the incident, provided that this does not endanger the life and health of others, and disruption of the continuity of the production process will not lead to an accident, and also take photos of the accident site;

3) immediately inform the victim's close relatives about the accident and send a message to the state bodies and organizations defined by this Code and other regulatory legal acts.;

4) to allow members of the special investigation commission to the scene of the accident to investigate an accident related to work.

2. The employer shall immediately, within 24 hours, report an employment-related accident in the form prescribed by the authorized state labor authority.:

1) to the territorial division;

2) to the territorial subdivision of the department of the authorized body in the field of industrial safety in case of accidents that have occurred at hazardous production facilities;

3) 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;

4) employee representatives;

5) excluded by the Law of the Republic of Kazakhstan dated 05/04/2020 No. 321-VI (effective ten calendar days after the date of its first official publication);

6) the law enforcement agency at the place where the accident occurred, and the authorized bodies of industrial and departmental control and supervision in cases subject to special investigation.

2-1. The employer immediately, but no later than three working days, as soon as he becomes aware of the occurrence of an accident, notifies the insurance company with which he has concluded an insurance contract for the employee against accidents in the performance of his labor (official) duties.

3. When investigating an accident related to work, at the request of the commission, the employer, at his own expense, provides:

1) performing technical calculations, conducting laboratory tests, tests, and other expert work and engaging expert specialists for these purposes;

2) photographing the scene of the accident and damaged objects, drawing up plans, sketches, diagrams;

3) provision of transport, office space, communication facilities, special clothing and other personal protective equipment necessary for the investigation;

4) provision of:

documents describing the condition of the workplace, the presence of harmful and (or) dangerous production factors (plans, sketches, diagrams, and, if necessary, photos and videos of the scene, etc.);

extracts from the logs of briefings and protocols for verifying the knowledge of victims on occupational safety and health, protocols of interviews with eyewitnesses of an accident related to work and officials, explanations of victims, expert opinions of specialists;

the results of laboratory research and experiments;

medical report on the nature and severity of the injury caused to the victim's health, or the cause of his death, on the presence (absence) of signs of alcohol, narcotic or toxic intoxication;

copies of documents confirming the issue of special clothing and other personal protective equipment to the victim;

extracts from prescriptions issued earlier at this production (facility) by state labor inspectors and officials of the territorial state supervision body (if a labor-related accident occurred in an organization or facility controlled by this body);

other documents relevant to the consideration of the case, at the discretion of the commission.

The Labor Code of the Republic of Kazakhstan dated November 23, 2015

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases