Article 190. The procedure for registration of materials of investigation of accidents related to labor activity and their accounting of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 190. The procedure for registration of materials of investigation of accidents related to labor activity and their accounting of the Labor Code of the Republic of Kazakhstan

1. Every work-related accident that has caused an employee(s) to lose their ability to work is subject to investigation in accordance with a medical report (recommendation).

Accidents related to work, serious, fatal, and group accidents are subject to special investigation.

The forms of acts of investigation, special investigation, and the forms of acts of labor-related accidents and occupational diseases are established by the authorized State labor authority.

2. The report must be drawn up in accordance with the investigation materials and taking into account the opinion of the majority of the commission members.

If, during the investigation of an accident related to work, the commission finds that gross negligence caused or increased the harm, the commission applies a mixed liability of the parties and determines the degree of guilt of the employee and the employer as a percentage.

If one of the members of the commission for the investigation of a work-related accident does not agree with the conclusions of the commission (majority), he/she shall submit his/her reasoned opinion in writing within two working days from the completion of the investigation in order to include it in the investigation material. He signs the act of special investigation with the reservation "see the dissenting opinion."

3. In case of disagreement with the result of the investigation or late registration of an accident report related to work, the victim or his proxy, employee representative have the right to contact the employer in writing, who is obliged to consider their application and make a decision on the merits within ten working days.

4. Disagreements on the investigation, registration and registration of accidents related to work are being considered:

1) the state labor inspector or the court in case of disagreement between the employer and the employee;

2) the relevant higher-level state labor inspector or a court in the event of a disagreement between the employer, the employee and the lower-level state labor inspector or the state inspector for state control and supervision in the field of industrial safety in cases involving hazardous production facilities.

The decision of the State labor inspector on the investigation of accidents related to labor activity is issued in the form of an opinion in the form established by the authorized state body for labor.

5. The materials of the investigation of an accident related to labor activity, along with the act of investigation, must contain:

1) information about the victims' occupational safety training and instruction, as well as preliminary and periodic medical examinations;

2) protocols of interviews 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;

3) plans, diagrams and photographs of the accident site;

4) extracts from instructions, regulations, orders and other acts regulating occupational safety and health requirements, duties and responsibilities of officials for ensuring healthy and safe working conditions at work, and others;

5) a medical report on the nature and severity of the injury to the victim's health (cause of death);

6) the results of laboratory and other studies, experiments, examinations, analyses and others;

7) the conclusion (if any) of the state labor inspector;

8) information about material damage caused to the employer;

9) an order from the employer to compensate the victim (his family members) for the damage caused to their health and to bring to justice officials responsible for the incident.;

10) a list of attached documents.

In the absence of the materials specified in this paragraph, the accident investigation report shall contain relevant information indicating the reasons.

6. Upon completion of the investigation of each labor-related accident, in accordance with the investigation materials, the employer is required to issue an accident report no later than three working days and send it in electronic format to the authorized state labor authority in accordance with the procedure determined by the authorized state labor authority.

7. The certificate of occupational disease in the prescribed form is filled out by the employer based on the conclusion of the expert occupational pathology commission.

8. The accident report is filled out and signed by the heads of the occupational safety and health service and the organization's department, a representative of the organization's employees in cases of poisoning, and is also signed by a representative of the state body in the field of sanitary and epidemiological welfare of the population.

The accident report is approved by the employer and certified with the seal of the organization (if any).

If the employer is an individual, the accident report is filled out and signed by the employer and notarized.

9. No later than three working days after the completion of the investigation, one copy of the accident report is issued to the victim or his authorized representative, in addition, it is sent:

1) an insurance company with which an insurance contract has been concluded to insure an employee against accidents in the performance of his labor (official) duties;

2) to the territorial division on paper and electronic media;

3) to the state body in the field of sanitary and epidemiological welfare of the population in case of poisoning.

10. Copies of the materials of the special investigation of an accident related to labor activity are transferred by the employer to the territorial division. Upon completion of the investigation of a labor-related accident, copies of the materials of the special investigation by the state labor inspector are sent within seven working days to the territorial police authority, which, in accordance with the legislation of the Republic of Kazakhstan, makes an appropriate decision and informs about the decision no later than twenty working days.

11. The victim or employee representative has the right to review all materials of the investigation of an accident related to work and to make the necessary statements.

12. Each accident documented by the employer is recorded in the journal of registration of accidents related to work and other health injuries at work. The journal is maintained in accordance with the form established by the authorized state body for labor. Primary statistical data on temporary disability and occupational injuries are presented in accordance with the statistical methodology approved by the authorized body in the field of state statistics.

13. The materials of the investigation of an accident related to labor activity are subject to storage in the organization (by the employer) for forty-five years, in the event of its liquidation, the materials of the accident investigation must necessarily be transferred to the state archive at the place of its activity.

14. The employer or his representative reports accidents related to work that have passed into the category of serious or fatal accidents over time to the relevant territorial unit, and insurance claims to the insurance company.

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

President

Republic of Kazakhstan

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