Article 189. Procedure for investigation of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

Home / Codes / Article 189. Procedure for investigation of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

1. The term of investigation of an accident related to labor activity should not exceed ten working days from the date of the commission's establishment.

If circumstances arise that objectively prevent the completion of the investigation within the established time frame, the investigation period may be extended by a protocol decision of the commission for ten working days no more than twice.

2. Work-related accidents that were not promptly reported to the territorial divisions are investigated at the request of the victim or his authorized representative within ten working days from the date of registration of the application.

3. In each case of investigation, the commission identifies and interviews eyewitnesses of the incident, persons who committed violations of occupational safety and health requirements, receives the necessary information from the employer and, if possible, explanations from the victim.

4. It is strictly prohibited, without the consent of the chairman of the special investigation commission, to conduct interviews of witnesses, eyewitnesses, as well as parallel investigations of this work-related accident by anyone or another commission during the working days of an officially appointed commission.

5. Based on the collected documents and materials, the commission establishes the circumstances and causes of the work-related accident, determines the connection of the accident with the employer's production activities and, accordingly, whether the victim's stay at the scene was explained by the performance of his work duties, qualifies the accident as an accident related to work, or as an accident. not related to labor activity, identifies persons who have committed violations of occupational safety and health requirements, and measures to eliminate the causes and prevent accidents related to work.

6. An investigation of a labor-related accident, with a serious or fatal outcome, or a group accident that occurred simultaneously with two or more employees, regardless of the severity of the victims' industrial injuries and a group case of acute poisoning of employees, shall be formalized by a special investigation act in accordance with the form established by the authorized state labor authority.

7. The investigation of accidents related to work that have occurred as a result of vehicle accidents is carried out on the basis of the investigation materials of the authorized body for ensuring road safety.

8. The authorized body for ensuring road safety, within five days from the date of the traffic accident, at the request of the chairman of the commission for the investigation of accidents related to work, is obliged to provide copies of the investigation materials.

9. The working conditions of the commission for the investigation of accidents related to work at high-security facilities are determined taking into account the specifics of access to these facilities.

10. The completion of the search for the victim(s) who disappeared as a result of an explosion, accident, destruction, fire and other incidents at the organization's facilities is determined by the special investigation commission based on the conclusion of the head of the emergency rescue service or formation and expert specialists.

President

Republic of Kazakhstan

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