Article 188. The procedure for the formation and composition of the commission for the investigation of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 188. The procedure for the formation and composition of the commission for the investigation of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

1. The investigation of work-related accidents, with the exception of cases subject to special investigation, shall be conducted by a commission established by an act of the employer within twenty-four hours from the date of receipt of the conclusion on the severity of the work injury, consisting of the following:

1) chairman – the head of the organization (production service) or his deputy, and in their absence – the authorized representative of the employer;

2) members are the head of the Occupational Safety and Health service of the organization and the employee representative.

2. The official directly responsible for occupational safety at the relevant site where an accident related to work occurred is not included in the commission during the investigation.

3. Special investigation is subject to:

1) labor-related, serious or fatal accidents;

2) group accidents related to work that occurred simultaneously with two or more employees, regardless of the severity of the victims' work injuries;

3) group cases of acute poisoning.

4. A special investigation of an accident related to work is conducted by a commission established within twenty-four hours by a territorial unit from the moment of receiving a conclusion on the severity of an industrial injury, consisting of the following:

1) the Chairman is the State Labor Inspector;

2) Members are the employer and employee representative.

The investigation of group accidents related to work, in which two people died, is conducted by a commission headed by the chief state labor inspector of the region, the city of republican significance, the capital.

The investigation of group accidents related to work, in which from three to five people died, is carried out by a commission established by the authorized state body for labor, and in the case of deaths of more than five people – by the Government of the Republic of Kazakhstan.

5. When investigating accidents related to work that have occurred in man-made emergencies as a result of an accident at a hazardous production facility, a representative of the department of the authorized body in the field of industrial safety or its territorial subdivision is appointed chairman of the commission. In this case, the State labor inspector is a member of the commission.

6. The commission also includes:

1) in case of accidents related to work that have occurred at hazardous production facilities, as well as in organizations of the electric power industry, - the state inspector for state control and supervision in the field of industrial safety and an official responsible for state energy supervision and control;

2) in case of acute poisoning – representatives of the state body in the field of sanitary and epidemiological welfare of the population;

3) in case of an accident related to work that occurred with an employee of an organization located and working in the territory of another organization, or with an employee sent to another organization to perform an industrial task (official or contractual duties), – the responsible representative of the organization in whose territory the accident occurred.

7. A representative of an insurance company that has a corresponding contractual relationship with the employer or the victim may participate in the work of the commission.

8. An individual employer's investigation of an accident involves the employer or his authorized representative, an employee representative, and an occupational safety specialist who may be involved in the accident investigation on a contractual basis.

9. In order to resolve issues requiring expert opinion, the chairman of the special investigation commission has the right to create expert sub-commissions from among specialists from research organizations and control and supervisory authorities at the expense of the employer.

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

President

Republic of Kazakhstan

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