On the Ratification of the Agreement on the Procedure for Investigating Industrial Accidents that have Occurred to Citizens of one Member State of the Eurasian Economic Community while Working in the Territory of another Member State of the Eurasian Economic Community
The Law of the Republic of Kazakhstan dated October 11, 2018 No. 186-VI SAM.
To ratify the Agreement on the Procedure for Investigating Industrial Accidents that Occurred to Citizens of one Member State of the Eurasian Economic Community while Working on the Territory of another Member State of the Eurasian Economic Community, concluded in Minsk on May 31, 2013.
President of the Republic of Kazakhstan
N. NAZARBAYEV
AGREEMENT on the procedure for investigating Industrial Accidents that have occurred to citizens of one Member State of the Eurasian Economic Community while Working in the Territory of another Member State of the Eurasian Economic Community
The Governments of the member States of the Eurasian Economic Community (hereinafter referred to as the EurAsEC), hereinafter referred to as the Parties,
Guided by the Treaty on the Establishment of the Eurasian Economic Community of October 10, 2000,
Attaching great importance to strengthening cooperation between the EurAsEC member States in the field of occupational safety and health, as well as the protection of the rights of citizens affected by industrial accidents,
have agreed on the following:
Article 1
This Agreement establishes the procedure for investigating industrial accidents that have occurred to citizens of one of the EurAsEC member States who work in the territory of another EurAsEC member State in accordance with the legislation of the State of employment.
Article 2
The concepts used in this Agreement mean the following:
"employee" is a citizen of one of the EurAsEC member states who performs labor activity on the territory of another EurAsEC member state on the basis of an employment contract with an employer in accordance with the legislation of the state of employment.;
"employer" is a natural or legal person who has entered into an employment relationship with an employee on the basis of an employment contract concluded in accordance with the legislation of the state of employment.:
"industrial accident" (hereinafter referred to as an accident) is an event as a result of which an employee received bodily injuries (injuries), including those inflicted by another person; heat stroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries inflicted by animals and insects; damage caused by explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other health damage caused by external factors that necessitated the transfer of an employee to another job, temporary or permanent disability, or death of an employee if these events occurred in the performance of his work duties or performance of any kind of work on behalf of the employer (his representative), as well as in the implementation of other lawful actions, due to the employment relationship with the employer or committed in his interests.
Article 3
Necessary measures taken in connection with the accident investigation, including the procedure for notification of an accident, the procedure for forming an accident investigation commission, the timing and procedure for conducting an accident investigation, the procedure for processing accident investigation materials, the responsibilities of the employer, health care institutions, state supervision services and others. interested organizations and officials, solving other issues related to the organization of the accident investigation, They are established by the legislation of the State of employment and this Agreement.
Article 4
For cases investigated in accordance with this Agreement, the Parties shall establish the form of the industrial accident report (Form H-1E) in accordance with the annex.
The act is drawn up in Russian and, if necessary, in the official language of the state of the Party in whose territory the accident occurred.
Upon completion of the investigation, the employer is obliged to issue an act of form H-1E to the employee who suffered from the accident or his authorized representative, with one copy of the act sent to the State Labor Inspectorate of the State of employment.
Upon completion of the investigation of a group accident, a serious or fatal accident, an act of form H-1E, together with the investigation materials, is sent by the authorized body of the State of employment to the authorized body of the State of which the victim is a citizen.
Article 5
Compensation for damage to the health of an employee who has suffered from an industrial accident or in connection with the death of an employee as a result of an accident is carried out in accordance with the legislation of the State of employment.
Article 6
Documents issued in connection with the investigation of an accident in the territory of the State of one Party in accordance with the established form, or their certified copies are accepted by the other Parties without legalization.
Article 7
The Parties, within 90 days from the date of entry into force of this Agreement, officially inform the depositary about the authorized bodies of the Parties responsible for the implementation of this Agreement.
In the event of a change in the authorized body, the Parties shall notify the depositary in writing no later than 30 days from the date of such change.
Article 8
This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which its State is a party.
Article 9
By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.
Article 10
Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved through negotiations and consultations between the Parties.
If the dispute is not settled by the Parties to the dispute through negotiations and consultations within six months from the date of the official written request for their holding sent by one of the Parties to the dispute to the other Party to the dispute, then in the absence of any other agreement between the Parties to the dispute regarding the method of its resolution, either Party to the dispute may refer the dispute to the Court of the Eurasian Economic Community for consideration.
Article 11
This Agreement shall enter into force on the 30th day after the date of receipt by the depositary of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.
Article 12
After the entry into force of this Agreement, it is open for accession by other member States of the EurAsEC. The instrument of accession shall be deposited with the depositary.
For the acceding State, this Agreement shall enter into force on the date of receipt by the depositary of the instrument of accession.
Article 13
This Agreement is concluded for an indefinite period.
Each of the Parties has the right to withdraw from this Agreement by sending a written notification to the depositary. For such a Party, this Agreement shall terminate upon the expiration of 6 months from the date of receipt by the depositary of the relevant notification.
Done in Minsk on May 31, 2013, in a single copy in the Russian language.
The original copy of this Agreement is kept in the Integration Committee of the Eurasian Economic Community, which, as the depositary of this Agreement, will send each Party a certified copy of it.
For the Government of the Republic of Belarus
For the Government of the Republic of Kazakhstan
For the Government of the Kyrgyz Republic
For the Government of the Russian Federation
For the Government of the Republic of Tajikistan
Annex to the Agreement on the Procedure for Investigating Industrial Accidents that Occurred to Citizens of one Member State of the Eurasian Economic Community while Working on the Territory of another Member State of the Eurasian Economic Community dated May 31, 2013.
Form _______ H-1E
APPROVING ____________________________ ( head of the company/employer) ____________________________ (signature, surname, first name) "____" ____________20 ___ G. Place of printing
ACT No. _____ about an industrial accident
1. Date and time of the accident ______________________________________________ _____________________________________________________________________________ ( date, month, year and time of the accident, the number of full hours from the start of work) 2. The organization (employer) of which the victim is (was) an employee _____________________________________________________________________________ _____________________________________________________________________________ ( name, location, departmental and industry affiliation; last name and initials of the individual employer) Name of the structural unit _______________________________________ _____________________________________________________________________ _____________________________________________________________________ 3. Persons who conducted the accident investigation _____________________________________________________________________ ( last names, initials, positions and place of work) _____________________________________________________________________ 4. Information about the victim: _________________________________________ last name, first name, patronymic (if any) _____________________________________________________________________ gender (male, female) _____________________________________________________________________ date of birth _____________________________________________________________________ profession (position) _____________________________________________________________________ _____________________________________________________________________ Work experience, during which an accident occurred _____________________________________________________________________ ( number of full years and months) including in this organization _____________________________________________________________________ ( number of full years and months) 5. Information on conducting safety briefings and training: introductory briefing _____________________________________________________________________ ( date, month, and year) on-the-job briefing (please underline) (primary, repeated, unplanned, targeted) by profession or type of work, during which the accident occurred ______________________________________________________________________ ( date, month, and year) Internship: with "___" _________ 20___ the city of po "___"________20___ G. _____________________________________________________________________ (if not performed, specify) Occupational safety training in the profession or type of work in which an accident occurred with "___" _________20__ the city of po "___" _________20__ G. (if it was not carried out, specify) Examination of knowledge on occupational safety by profession or type of work, during which an accident occurred _____________________________________________________________________ ( date, month, year, protocol number) 6. Brief description of the place (object) where the accident occurred _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ (a brief description of the accident site indicating dangerous and (or) harmful production factors with reference to the information contained in the accident site inspection report) Equipment, the use of which led to an accident _____________________________________________________________________ ( name, type, brand, year of manufacture, manufacturing organization) 7. Circumstances of the accident ____________________________________________ _____________________________________________________________________________ (summary of the circumstances preceding the accident, description of the events and actions of the victim and other persons related to the accident, and other information established during the investigation) 7.1. The nature of the injuries and the organ that has been damaged, a medical report on the severity of the damage to health _____________________________________________________________________ 7.2. Finding the victim under the influence of alcohol or drugs_____________________________________________________________ ( no, yes – indicate the state and degree of intoxication in accordance with the conclusion based on the results of the examination conducted in accordance with the established procedure) 7.3. Eyewitnesses of the accident ___________________________________________ ( last name, initials, permanent residence address, phone number) 8. Causes of the accident _____________________________ _______________________________________________________________________________ ( the main and related causes of the link accident for violated requirements of legislative and other regulatory legal acts, local regulations) 9. Persons who committed violations of labor protection requirements _____________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ( last name, initials, positions (professions) indicating the requirements of legislative, other regulatory legal and local regulations providing for their responsibility for violations that caused the accident, specified in clause 8 of this Act) The organization (employer) of which these persons are employees _____________________________________________________________________ ( name, address) 10. Degree of guilt of the victim (in percent)_________________ 11. Measures to eliminate the causes of the accident, deadlines _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Signatures of the persons who conducted the accident investigation __________________________ ( last names, initials, date) __________________________ __________________________ __________________________
I hereby certify a copy of the original Agreement on the Procedure for Investigating Industrial Accidents that Occurred to Citizens of one Member State of the Eurasian Economic Community while Working on the Territory of another Member State of the Eurasian Economic Community, signed on May 31, 2013 in Minsk on behalf of the Government of the Republic of Belarus - Prime Minister of the Republic of Belarus Mikhail Myasnikovich, from Government of the Republic of Kazakhstan - Prime Minister of the Republic of Kazakhstan S.N. Akhmetov, from the Government of the Kyrgyz Republic - First Deputy Prime Minister of the Kyrgyz Republic D.K. On behalf of the Government of the Russian Federation, Chairman of the Government of the Russian Federation D.A. Medvedev, and on behalf of the Government of the Republic of Tajikistan, Prime Minister of the Republic of Tajikistan A.G. Akilov.
A total of 8 (eight) sheets have been stitched and numbered.
Director of the Department of Business Management and Organizational and Legal Issues of the Secretariat of the Integration Committee of the Eurasian Economic Community
M. Mgeladze
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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