On the compulsion to eliminate violations by issuing sanitary and epidemiological characteristics of the working conditions of an employee if he or she is suspected of having an occupational disease (poisoning) corresponding to the profession, length of service and working conditions
No. 6001-22-00-6ap/639 dated 03/28/2023
Plaintiff: S.T.
Respondent: Shakhty City Administration of Sanitary and Epidemiological Control of the Department of Sanitary and Epidemiological Control of the Karaganda region of the Committee for Sanitary and Epidemiological Control of the Ministry of Health of the Republic of Kazakhstan
The subject of the dispute: the working conditions of an employee if he is suspected of having an occupational disease (poisoning), forcing him to eliminate violations by issuing sanitary and epidemiological characteristics of the working conditions of an employee if he is suspected of having an occupational disease (poisoning) corresponding to the profession, length of service and working conditions
Review of the defendant's cassation complaint PLOT:
S.T. filed a present claim with the court against the defendant, arguing that according to the sanitary and epidemiological characteristics (SEH) of the working conditions of an employee with suspected occupational disease (poisoning) No. 24-31-26-2-43/YUL-L-43 dated June 01, 2021 in the professional group to which S.P. belongs, occupational diseases are not registered, there is no effect of harmful industrial factors on the body.
Judicial acts:
1st instance: the claim is satisfied. Appeal: the decision remains unchanged. Cassation: judicial acts are upheld.
Conclusions:
The courts gave a full assessment of the circumstances of the case, taking into account the fact that: the plaintiff works at the production of 2 LLP "K" as a carver on saws, hacksaws and machine tools. The total work experience is 19 years and 1 month, and 12 years in this profession and in this area. According to the conclusion of the WCC, the plaintiff was diagnosed with Mixed asthma. Bronchial asthma, moderate severity. Pneumofibrosis of the right lung in C8.9 of the left lung in C1 DN1 (Sat O2 93%). Arterial hypertension of the 3rd degree, risk of 4. CHF FC 1. Type 2 diabetes mellitus, moderate severity, compensation stage; Workplace certification was carried out in 2002, 2008 and 2014. According to the certification card for the auxiliary worker's workplace dated September 11, 2002, the result of the labor assessment is grade 3. Subsequently, the court was presented with an amended workplace certification card, where the result of the labor assessment indicated grade 2; according to the recommendations for the preparation of working fluid based on REM concentrate (Vitola), before starting the preparation of working fluid, it is necessary to use personal protective equipment: rubber gloves, glasses, respirator, rubberized apron. The room must have general ventilation and local suction. These protective measures were absent or insufficient. The plaintiff has been working with this concentrate since 2017, and the respirators were issued to her only in November 2020.
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