On the ratification of the Agreement on the Procedure for Investigating Industrial Accidents that Occurred to Employees while They were Outside their State of Residence
Decree of the President of the Republic of Kazakhstan dated August 25, 1995 N 2423
In accordance with article 2 of the Law of the Republic of Kazakhstan dated December 10, 1993 "On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and heads of local administrations", I decree:
1. To ratify the Agreement on the Procedure for Investigating Industrial Accidents that Occurred to Employees while They were Outside their State of Residence, concluded by the Governments of the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, Ukraine, signed in Moscow, December 9, 1994.
2. This Decree shall enter into force from the date of publication.
President of the Republic of Kazakhstan
Agreement * on the procedure for investigating accidents at work that have occurred to employees when they are outside their State of residence
*(Collection of International Acts, ed. "Zheti-Jargy", 2000, vol. 1)
Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan, Ukraine
notifications have been submitted:
Republic of Belarus - deposited on February 7, 1995; Republic of Uzbekistan - deposited on February 24, 1995; Republic of Armenia - deposited on March 10, 1995; Russian Federation - deposited on August 3, 1995; Kyrgyz Republic - deposited on December 28, 1995; Ukraine - deposited on January 10, 1996; Republic of Azerbaijan - deposited on July 22, 1996 Republic of Kazakhstan - deposited on November 12, 1996; Republic of Tajikistan - deposited on July 11, 2001;
The instruments of ratification have been handed over:
The Republic of Moldova was deposited on December 12, 1997.
The Agreement entered into force on March 10, 1995.
entered into force for the States:
The Republic of Belarus - March 10, 1995; the Republic of Uzbekistan - March 10, 1995; the Republic of Armenia - March 10, 1995; The Russian Federation - August 3, 1995; the Kyrgyz Republic - December 28, 1995; Ukraine - January 10, 1996; the Republic of Azerbaijan - July 22, 1996;the Republic of Kazakhstan - November 12 1996; the Republic of Moldova - December 12, 1997; the Republic of Tajikistan - July 11, 2001.
The States Parties to this Agreement, represented by Governments, hereinafter referred to as the Parties, attaching the utmost importance to the protection of the rights of citizens affected by industrial accidents, realizing the need to combine efforts in the prevention of occupational injuries, guided by the Agreement on Cooperation in the Field of Occupational Safety, have agreed as follows:
Article 1 This Agreement establishes the procedure for investigating industrial accidents that have occurred with employees temporarily staying on the territory of the other Party on a business trip.
Article 2 The terms used in this Agreement have the following meanings: "accident" - injury, acute occupational disease (poisoning), heat stroke, burn, frostbite, drowning, electric shock or lightning, damage due to an accident, fire, natural disaster (earthquake, landslide, flood, hurricane, etc.), contact with animals, insects and other representatives of flora and fauna; "employer" means an enterprise, institution, organization, regardless of its form of ownership and departmental affiliation, or an individual with whom the employee has an employment relationship.; "business trip" is an employee's trip by order of the employer to fulfill an official assignment on the territory of the other Party.
Article 3 The investigation of each accident, including the procedure for notifying about an injury, the formation of an investigation commission, the organization of its work, the duties of enterprises, healthcare institutions, state supervision services and other interested organizations and officials that have arisen in this regard, and the resolution of other issues related to the organization of the investigation, shall be carried out in accordance with the procedure established the relevant regulations of the Party at the place of residence of the victim at the time of the accident. This Agreement applies to enterprises, institutions and organizations of the Parties, regardless of their forms of ownership, as well as to individuals with whom the employee has an employment relationship.
Article 4 The investigation of serious, group, and fatal accidents is carried out with the mandatory participation of an employer's representative. In exceptional cases, the employer may assign participation in the investigation to a trusted person from the Party in whose territory the victim resides.
Article 5 For cases investigated in accordance with this Agreement, the Parties shall establish an agreed form of an Industrial Accident Report (Form H-IM) attached to this Agreement and forming an integral part of it. The execution of the specified Act is the responsibility of the company where the accident occurred. The act is drawn up in the official language of the Party in whose territory the accident occurred, and in Russian. All investigation materials (including an Act of the form H-IM, which is given to the victim at his request or to a person representing his interests) Upon completion, they are necessarily sent to the employer, and the materials of the investigation of group accidents and fatal accidents are also sent to the state body for supervision and control over compliance with labor protection legislation of the Party at the place of permanent employment of the victim.
Article 6 The company where the accident occurred is obliged to organize the provision of first aid to the victim, outpatient or, if necessary, inpatient treatment (hospitalization). In the event of an employee's death, this company informs the diplomatic or consular mission of the employee's permanent residence about this, providing materials on the death and, together with local executive authorities, provides assistance to representatives of the employer and relatives of the victim in transporting the body and personal property of the deceased, as well as in other necessary cases. The related costs are borne by the enterprise of the Party in whose territory the accident occurred.
Article 7 The procedure for compensation of damage caused to an employee in connection with an industrial accident stipulated by this Agreement, as well as the procedure for satisfaction of a recourse claim in terms of compensation for costs incurred by the enterprise responsible in such a case, are determined by a separate agreement of the Parties.
Article 8 Accidents that occur at work with employees staying in the territory of the other Party under an employment or other contract are investigated in accordance with the procedure established by the legislation of the Party at the place of conclusion of the contract. Compensation for damage to the health of the victim in these cases is carried out in accordance with the Agreement on Mutual Recognition of Rights to Compensation for Damage Caused to Employees by Injury, Occupational Disease or Other Damage to Health related to the Performance of their Work Duties, dated September 9, 1994.
Article 9 Documents issued for the purpose of implementing this Agreement in the territory of one Party in the prescribed form, or their certified copies, are accepted by the other Parties without legalization.
Article 10 Each of the Parties, no later than one month from the date of signing this Agreement, will determine the Authorized Body(s) responsible for its implementation.
Article 11 Disputes concerning the interpretation or application of this Agreement shall be resolved through negotiations between the Competent Authorities of the Parties concerned and other generally accepted means, including conciliation commissions established at the request of one of the Parties.
Article 12 By mutual agreement, the Parties may make necessary additions and amendments to this Agreement, which are formalized by the relevant protocols and are an integral part of this Agreement.
Article 13 This Agreement shall enter into force on the date of delivery to the depositary of notifications from three Parties confirming that the participating States have completed the internal procedures necessary for its entry into force.
Article 14 This Agreement is open for accession by other States that share its goals and principles by submitting instruments of accession to the depositary.
Article 15 This Agreement is concluded for a period of five years and will be automatically renewed each time for one year. Each of the Parties may declare its intention to withdraw from this Agreement by notifying the depositary in writing at least six months before the expiration of the relevant period. Done in Moscow on December 9, 1994, in one original copy in the Russian language. The original copy is kept in the Archives of the Government of the Republic of Belarus, which will send a certified copy to each signatory State of this Agreement.
(Signatures)
Annex to the Agreement on the Procedure for Investigating Accidents at Work that Occurred to Employees while They were Outside the Country of Residence, dated December 9, 1994, Form H-IM
Approved by: Head of the company ________________________ ( signature, Full name.) "___" _________ 199___ G. Place of printing
Industrial Accident Report
Codes
1. Company name, registration number _______________ 1.1. The State _____________________________________________ 1.2. Company address _______________________________________
Area_______________________________________________________
City, Street, N houses _________________________________________
Bank requisites _________________________________________
1.3. Form of ownership _____________________________________ ( state, municipal, private, etc.)
1.4. Workshop, site, place where the accident occurred __________________________________________________________________
2. Economic sector (ministry, department) _______________
3. The company that sent the employee ________________________ ( State, company name, ______________________________________________________________ address, bank details, branch of economy, ministry, department)
4. Surname, first name, patronymic of the victim ______________________
5. Gender: male, female (underline) _______________________
6. Age (specify the number of full years) ________________________
7. Profession, position, category, class _______________________
8. Work experience in this profession, during which an accident occurred __________________________________
9. Instruction and training on occupational safety ________________ ( date of the event)
9.1. Introductory briefing _______________________________________
9.2. Occupational safety training ___________________________
9.3. Initial (repeated) briefing _________________________
9.4. Knowledge testing for high-risk work ___________
9.5. Passing preliminary and periodic medical examinations _______________________________________________________________
10. Date and time of the accident ___________________________ ( date, month, year, time)_______________________________________________________________ ( the number of full hours since the start of work)
11. Circumstances of the accident _________________________
11.1. Reasons _________________________________________________
11.2. Equipment causing injury _______________________________________________________________________________ ( name, type, brand, year of manufacture, manufacturer)
11.3. The victim is under the influence of alcohol or drugs (according to the medical report) _______________________________________________________________
11.4. Diagnosis _________________________________________________ ( preliminary, final)
12. Measures to eliminate the causes of the accident
_______________________________________________________________N ! Name! The deadline ! The performer ! The op/p mark! events !execution! ! execution_______________________________________________________________
13. Persons who committed violations of labor protection regulations ________________________________________________________________ ( Full name, position, company name)
_________________________________________________________________(articles, paragraphs, paragraphs of provisions of regulatory documents violated by them)
14. Eyewitnesses of the accident _______________________________
The act has been drawn up _________________________________________________ ( date, month, and year)
Head (specialist) of the Labor Protection Service _____________________________________________________________________________ ( signature, full name, position)
Authorized representative of the labor collective
(trade union) on labor protection __________________________________ ( signature, Full name)
Head of the department (workshop, site) ____________________ ( signature, Full name)
President
Republic of Kazakhstan
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