RESOLUTION OF THE MINISTRY OF EMERGENCY SITUATIONS OF THE REPUBLIC OF BELARUS

of November 1, 2023 No. 54

About change of the resolution of the Ministry of Emergency Situations of the Republic of Belarus of July 29, 2008 No. 80

Based on subitem 9.4 and the paragraph of the ninth subitem 9.10 of Item 9 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 14, 2022 No. 405, the Ministry of Emergency Situations of the Republic of Belarus DECIDES:

1. Bring in the resolution of the Ministry of Emergency Situations of the Republic of Belarus of July 29, 2008 No. 80 "About approval of the Instruction about procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations of natural and technogenic nature" the following changes:

state the name in the following edition:

"About procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations";

state preamble in the following edition:

"Based on subitem 9.4 and the paragraph of the ninth subitem 9.10 of Item 9 of the Regulations on the Ministry of Emergency Situations of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 14, 2022 No. 405, the Ministry of Emergency Situations of the Republic of Belarus DECIDES:";

in the deciding part:

"enclosed" to exclude the word;

add the deciding part with the word "(is applied)";

To be reworded as follows the instruction about procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations of natural and technogenic nature approved by this resolution it (is applied).

2. This resolution becomes effective after its official publication.

Minister

V. I. Sinyavsky

It is approved Ministry of Labour and Social Protection of the Republic of Belarus

Brest regional executive committee

Vitebsk regional executive committee

Gomel regional executive committee

Grodno regional executive committee

Minsk regional executive committee

Minsk city executive committee

Mogilev regional executive committee

 

Approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of July 29, 2008 No. 80
(in edition of the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of November 1, 2023 No. 54)

The instruction about procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations of natural and technogenic nature

1. This Instruction determines procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations of natural and technogenic nature, except for the fires (further – emergency situations).

2. Technical investigation of the reasons of accidents and incidents on hazardous production facilities, potentially dangerous objects, in transit the dangerous goods road transport, inland water transport, air transport which did not entail accidents, and also in transit dangerous goods by rail on the territory of the Republic of Belarus is performed according to the legislation in the field of industrial safety and in the field of transportation of dangerous goods.

3. Republican (state) and cross-border emergency situations are investigated at the regional and (or) local levels according to territorial favor of zones of their origin.

4. For the purpose of conducting investigation of emergency situations the commission for investigation of emergency situations is created (further – the commission):

regional – according to the decision regional (Minsk city) executive committees or to the order of the chairman regional (Minsk city) executive committee;

local – according to the decision of district (city) executive committees, administrations of areas in Minsk or to the order of the chairman of district (city) executive committee, the head of administration of the area in Minsk;

local – according to the decision (order) of the head of the organization.

The decision on creation of the commission is made within 3 working days after liquidation of emergency situation.

The commission the chairman appointed from among deputy managers of body (organization) heads, it created (in case of absence of deputy managers – persons fulfilling their duties).

The commissions depending on nature of emergency situation can be included representatives of state supervision bodies in the field of protection of the population and the territories against emergency situations of natural and technogenic nature and civil defense, the state sanitary inspection, the state energy and gas supervision of the Department of Energy, law-enforcement bodies, the Ministry of Natural Resources and Environmental Protection, specialists of republican state bodies (structural divisions), other organizations subordinated to Council of Ministers of the Republic of Belarus, employees of local executive and administrative organs, organizations.

The commission when conducting investigation of emergency situation performs interaction with the republican state bodies, other organizations subordinated to Council of Ministers of the Republic of Belarus, local executive and administrative organs, other organizations, the relevant commissions on emergency situations, the commissions on technical investigation of the reasons of accidents and incidents.

5. The commission during the investigation of emergency situation has the right:

5.1. interview the witnesses (eyewitnesses) of event, persons involved in accident, and also the officials responsible for observance of requirements of regulatory legal acts, with creation of the protocol of poll in form according to appendix 1;

5.2. receive from the commission on technical investigation of causes of accident and incident materials by results of technical investigation;

5.3. attract in need of the specialists having special knowledge to participation and rendering assistance in conducting investigation of emergency situation;

5.4. request in the republican state bodies, other organizations subordinated to Council of Ministers of the Republic of Belarus, local executive and administrative organs, other organizations necessary documentation and materials.

6. The commission during the investigation of emergency situation finds out circumstances of emergency situation, establishes its reasons, nature of the allowed violations of requirements of regulatory legal acts and perpetrators, estimates timeliness of informing, actions of forces and means.

7. The commission within 10 working days from the date of its creation makes investigation of emergency situation and draws up the statement of investigation of the reasons of accidents, catastrophic crashes, the disasters which led to emergence of emergency situation of natural and technogenic nature in form according to appendix 2 (further, unless otherwise specified, – the act of investigation), draws up other materials of investigation.

In case of need conducting additional examinations (researches) the term of investigation of emergency situation can be prolonged before their termination by the head (authorized officer) of the body which created it according to the proposal of the commission chairman.

The act of investigation is signed by all members of the commission and goes to the head of the body (organization) which created the commission for decision making.

If the member of the commission does not agree with conclusions of the commission, he shall submit in writing the motivated special opinion which joins in investigation materials. The act of investigation in this case is not signed by it.

8. Materials of investigation of emergency situation shall include:

8.1. decision on creation of the commission;

8.2. act of investigation;

8.3. plans, schemes, sketches, pictures (video records);

8.4. reports of heads of rescue and other services which were attracted for liquidation of emergency situation, with appendix of schemes of alignment of forces and means, assessment of their actions and timeliness of informing;

8.5. protocols of interrogation of witnesses (eyewitnesses), persons involved in accident, and also officials responsible for observance of requirements of regulatory legal acts (in the presence);

8.6. the materials (references, statements, expert opinions) characterizing circumstances and the reasons of emergency situation;

8.7. other materials depending on nature of the happened emergency situation.

9. In case of establishment during the investigation of emergency situation of the data specifying essential elements of offense or administrative offense, materials (the copy of materials) of investigation of emergency situation are subject to the direction in the criminal prosecution authorities or bodies conducting administrative process.

10. The commission for studying and the analysis of circumstances (reasons) of emergence of emergency situation, and also taking measures to its non-admission within 5 working days from the date of creation of the act of investigation informs on results of investigation of emergency situation with submission of copies of materials of investigation of emergency situation:

The Ministry of Emergency Situations by results of investigation of regional emergency situations;

regional (The Minsk city) managements of the Ministry of Emergency Situations by results of investigation of local emergency situations;

district (city) departments of emergency situations by results of investigation of local emergency situations;

the interested republican state bodies, other organizations subordinated to Council of Ministers of the Republic of Belarus, local executive and administrative organs, other organizations.

11. Financing of expenses on conducting investigation of emergency situation is performed according to the legislation.

12. Materials of investigation of emergency situation form the basis for acceptance of preventive measures for non-admission of accidents, catastrophic crashes, disasters and are directed to the prevention of emergency situations.

 

Appendix 1

to the Instruction about procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations of natural and technogenic nature

Form

Protocol of poll

__ ______________ 20 __.
	(settlement)

Poll is begun in ____ h ____ mines and ended in ____ h ____ mines

with break with ____ h ____ mines to ____ h ____ mines

_____________________________________________________________________________

(position, surname, own name, middle name (if that is available)

_____________________________________________________________________________

constituted the protocol)

1. Surname, own name, middle name (if that is available) _______________________
_____________________________________________________________________________

2. Number, month, year and birthplace ____________________________________________

3. Residence (place of stay), phone number ___________________________

_____________________________________________________________________________

4. Identity document __________________________________________

                                                        (series (in the presence), number, date of issue,

_____________________________________________________________________________

the name (code) of state body, it issued)

On the substance of the questions posed explained: ___________________________________

_____________________________________________________________________________

Notes on contents of the ____________________________________________ protocol

                                                               (did not arrive

_____________________________________________________________________________

or their summary if they were and from whom arrived)

Conducted survey and the protocol constituted
	(signature)		(initials, surname)

The protocol is read personally. It is written down correctly.

Interviewed
	(signature)		(initials, surname) *

______________________________

* At the end of the text on each leaf.

 

Appendix 2

to the Instruction about procedure for the organization of investigation of accidents, catastrophic crashes, the disasters which led to emergence of emergency situations of natural and technogenic nature

Form

The act of investigation of the reasons of accidents, catastrophic crashes, the disasters which led to emergence of emergency situation of natural and technogenic nature

1. The commission in structure:

commission chairman ____________________________________________________

                                           (initials, surname, position)

members of the commission: _________________________________________________________

                                             (initials, surname, position)

_____________________________________________________________________________

drew up this statement on the emergency situation (further – emergency) which arose on __________________________________________________________________________

(name of the organization (its form of business),

_____________________________________________________________________________

administrative and territorial unit, address)

2. Characteristic of the organization (briefly), object, site, territory, place of emergency

_____________________________________________________________________________

_____________________________________________________________________________

In this Section along with other data it is necessary to specify: operating mode of object, the equipment before emergency (approved, actual, project) to draw the conclusion about object condition before accident, observance of the regulatory legal acts obligatory for observance of technical regulatory legal acts; specify whether there were on this object similar emergencies earlier, whether actions for their prevention were developed (when whom and what as they were carried out).

3. Qualification of service personnel (where and when was trained, instructing, examination of the regulatory legal acts obligatory for observance of technical regulatory legal acts).

4. Dynamics of development and effect of emergency.

5. Circumstances of emergency.

6. The organizational, technical and other reasons of emergency, factors promoting its origin (for each reason requirements of regulatory legal acts and technical regulatory legal acts, obligatory for observance, which were not carried out are specified or were broken).

7. Actions for elimination of the reasons of emergency (to state measures for mitigation of consequences of emergency and the prevention of their repeating with indication of completion dates).

8. Offers on accountability of legal entities and physical persons, employees of the organizations for the allowed violations of the regulatory legal acts obligatory for observance of technical regulatory legal acts which entailed (promoting) emergence of emergency situations (to specify what requirements of the regulatory legal acts obligatory for observance of technical regulatory legal acts are not executed or violated, to give assessment to actions of officials, service personnel).

9. Other information (if necessary).

Investigation is made and the statement is drawn up:

__________________________

(number, month, year)

Appendix: investigation materials on ____ sheets.

Commission chairman
	(signature)		(initials, surname)

Members of the commission:
	(signature)		(initials, surname)
	(signature)		(initials, surname)

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