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THE ORDER OF STATE DEPARTMENT OF UKRAINE CONCERNING EXECUTION OF PUNISHMENTS

of March 11, 2009 No. 44

About approval of the Regulations on procedure for investigation and accounting of the accidents and labor accidents which happened to persons containing in organizations of execution of punishments and pre-trial detention centers

 

IT IS APPROVED State committee industrial safety, labor protection and mountain supervision

IT IS APPROVED Ministry of Justice Ukraine

 According to Item 5 of the resolution of the Cabinet of Ministers of Ukraine of August 25, 2004 N 1112 "Some questions of investigation and accounting of accidents, occupational diseases and accidents on production" and for the purpose of settlement, connected with investigation and accounting of the accidents and accidents which happened to persons containing in organizations of execution of punishments and pre-trial detention centers, I ORDER:

1. Approve Regulations on procedure for investigation and accounting of the accidents and labor accidents which happened to persons containing in organizations of execution of punishments and pre-trial detention centers (further - the Provision) which are applied.

2. Determine that:

2.1. Bodies and organizations of execution of punishments, pre-trial detention centers, educational institutions and the companies of the Public criminal and executive service of Ukraine in case of investigation of the accidents which happened to their workers who according to the legislation on work work according to employment contracts are guided by the Procedure for investigation and accounting of accidents, occupational diseases and accidents on production (further - the Procedure) approved by the resolution of the Cabinet of Ministers of Ukraine of August 25, 2004 N 1112.

2.2. Organizations of execution of punishments and pre-trial detention centers in case of investigation of the accidents which happened to convicts in case of accomplishment of production tasks by them are guided by this Provision.

3. To provide to chiefs of territorial authorities of management of Department, organizations of execution of punishments and pre-trial detention centers, the Central base of providing Department, heads of educational institutions of the Public criminal and executive service of Ukraine in case of investigation of accidents observance of requirements of the Provision and Procedure.

4. To submit to department of the state supervision of labor and environmental protection under Department (V.V.'s Shumay) this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

5. Repeal the order of Department of 05.07.2002 N 156 "About application in bodies, organizations, educational institutions and at the companies of criminal executive system of the Regulations on procedure for the investigation and accounting of accidents, occupational diseases and accidents on production approved by the resolution of the Cabinet of Ministers of Ukraine of August 21, 2001 N 1094".

6. To impose control over the implementation of this order on the vice-chairman of Department Olentsevich A. E. and department of the state supervision of labor and environmental protection under Department (V.V.'s Shumay)

 

Approved by the Order of State department of Ukraine concerning execution of punishments of March 11, 2009 No. 44

Regulations on procedure for investigation and accounting of the accidents and labor accidents which happened to persons containing in organizations of execution of punishments and pre-trial detention centers

I. General provisions

1.1. This Provision determines procedure for conducting investigation and accounting of the accidents and accidents which happened to persons containing in organizations of execution of punishments and pre-trial detention centers (further - organizations).

1.2. Action of this provision does not extend to convicts to whom there were accidents connected with infliction of bodily injury or murder if at the same time there is no production factor.

II. Investigation and accounting of accidents

2.1. Investigation is made in case of obtaining condemned injuries, heatstroke, burn, frostbite, in case of drowning, defeat by electric current, lightning, ionizing radiation, receipt of other damages to result of accident, the fire, natural disaster (earthquakes, landslides, floods, hurricanes, etc.), contact with representatives of animal and flora which led to the death of the victim, loss of working capacity by it for one working day or more or to need of transfer of the victim for other (easier) work one at least working day in case of accomplishment by the convict of production tasks, works on improvement of organizations and the territories adjoining to them, works on improvement of housing-and-municipal conditions of convicts, and also auxiliary works on providing organizations with food (further - accidents).

2.2. The victim or person who found it or other person - the witness of accident shall report about each accident urgently to the direct works manager or other official of organization and take measures for provision of necessary assistance to the victim.

The works manager (the official of organization) in turn shall:

it is urgent to organize provision of first aid to the victim, and in case of need - its delivery in institution of health care of organization or territorial institution of health care;

report about the event to the duty assistant to the chief of organization;

keep before arrival of the commission on accident investigation situation on workplace and the equipment in such condition in which they were at the time of the event (if it does not threaten life and health of other people and will not lead to more serious consequences), and also to take measures for non-admission of similar cases.

2.3. The chief of organization, having received the message on accident, group accident, accident with lethal outcome, accident with heavy outcome, case of death of the worker at the company, and also case of disappearance of the worker in case of accomplishment of labor obligations by it, shall transfer by means of communication the message on accident immediately (appendix 1):

to body of prosecutor's office for the place of approach of accident;

to territorial authority of management of State department of Ukraine concerning execution of punishments (further - Department);

to working body of executive directorate of Social Insurance Fund from labor accidents and occupational diseases (further - Fund) on the organization location;

to bodies of the state fire protection on the organization location - in case of the accident which resulted from the fire;

to organization of the public sanitary and epidemiologic service which services the company, - in case of detection of acute occupational disease (poisoning).

Territorial authorities of management of Department report about such accidents to Department.

The specified message goes also in case the death of the victim was caused by the accident which happened earlier. Special investigation concerning this case is performed in accordance with the established procedure with use of materials of earlier made investigation.

Besides, the chief of organization creates the commission on accident investigation (further - the commission on investigation) in which structure join:

the head (specialist) of security service of work of organization (the commission chairman on investigation);

the head or the chief specialist of structural division of organization, where there was accident;

official of operations section (group);

the representative of working body of executive directorate of Fund for the organization location (in consent);

other officials.

In organizations where there are no labor protection specialists, the commission chairman on investigation designates the official (specialist) to who the order of the chief of organization assigns functions concerning labor protection.

2.4. The commission on investigation shall within three days:

inspect the place of accident, receive the victim's explanations if it is possible, to interview witnesses of accident and persons, involved in it;

determine compliance of working conditions and its safety to requirements of the legislation on labor protection;

find out circumstances and accident causes;

determine whether this case is connected with production;

identify persons who allowed violation of requirements of the legislation on labor protection, develop actions for prevention of similar accidents;

draw up the statement (special) investigation of accident (accident) which happened (occurred), in the N-5d form (appendix 2) (further - the act of the N-5d form) in triplicate, and also the act of the accident connected with production in the N-1d form (appendix 3) (further - the act of the N-1d form) in six copies.

2.5. Are recognized connected with production and the accidents which happened to convicts in case of accomplishment of production tasks by them or stay on workplace in the territory of organization or beyond its limits during working hours, and also happened in time are registered:

works on improvement of organizations and the territories adjoining to them, works on improvement of housing-and-municipal conditions of convicts, and also auxiliary works on providing organization with food which were carried out at the request of administration of organization;

journey for work or from work on transport of organization or on transport of the foreign organization which presented him according to the agreement (request);

arrangement of instruments of production, remedies, clothes before work and after its termination, accomplishment of actions of personal hygiene on workplace;

implementation of actions according to the prevention of possible accidents or rescuing of people and property of organization;

accident elimination, the fires and effects of natural disaster on objects of organization;

break for rest and acceptance of food which is established according to the Regulations of organizations of execution of punishments approved by the order of Department of December 25, 2003 N 275, registered in the Ministry of Justice of Ukraine on December 31, 2003 for N 1277/8598, if the fact of influence on the victim of production factor or environment is elicited;

in case of sudden deterioration in the state of health of the convict or his death as a result of sharp cardiovascular insufficiency during stay at underground works (mining, construction, reconstruction, technical retrofitting and capital repairs of mines) or after removal of the convict on surface with signs of sharp cardiovascular insufficiency that is confirmed with the medical certificate.

The accidents which happened to the convicts during conclusion to work from the territory of the living area of organization on the territory of production zone of organization or during their conclusion from the territory of production zone of organization to the territory of the living area of organization after completion of work connected with production are not recognized. According to the conclusions of work of the commission on investigation the statement of accident at the company which is not connected with production, the NPVD forms is drawn up (appendix 4).

2.6. According to the conclusions of work of the commission on investigation statements of the N-1d form are not drawn up (or the NPVD forms) and the accidents which happened to convicts under the circumstances specified in Item 2.5 are not registered., if they:

purposely did harm to the health;

without the permission of administration of organization traded on the equipment, mechanisms, tools and materials or purposely put them out of action;

broke the set detention regime.

In case the commission on investigation determined that accident happened for the reasons stated in this Item, results of investigation are drawn up in the form of the conclusion about investigation of the reasons of injury (appendix 5) (further - the conclusion) in four copies and the act of the N-5d form in triplicate.

2.7. Accident investigation materials are applied to the act of the N-1d form (or the NPVD forms) or to the conclusion, namely:

the copy of the order on organization on the organization of investigation of accident;

act of the N-5d form;

the protocol of survey of the place where occurred (occurred) accident (accident) (appendix 6);

the sketch of the place where occurred (occurred) accident (accident) (appendix 7);

necessary plans, schemes, pictures of such place, the damaged object, the equipment, equipment, etc.;

experimental testimony (scientific and technical, medical, etc.) (in the presence);

the medical certificate about nature and severity of injury of the victim, and also about condition of alcoholic, toxic or drug intoxication;

the protocol of poll of the victim (victims), witnesses and other persons involved in accident (accident) which happened (occurred) (appendix 8);

copies of documents on passing by the victim of training and instructing in labor protection;

copies of instructions which concern accident, the structural divisions issued by security service of work of organization to heads before accident and during its investigation;

extraction from regulatory legal acts on labor protection which requirements were violated;

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