RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 15, 2004 No. 30

About investigation and accounting of labor accidents and occupational diseases

Based on part one of article 32 of the Law of the Republic of Belarus of June 23, 2008 "About labor protection" the Council of Ministers of the Republic of Belarus DECIDES: No. 356-Z

1. Approve Rules of investigation and accounting of labor accidents and occupational diseases (are applied).

2. To the Ministry of Labour and Social Protection and Ministry of Health:

develop and approve document forms, necessary for investigation and accounting of labor accidents and occupational diseases, the instruction about procedure for their filling, maintaining and storage;

make explanations on application of Rules of investigation and accounting of labor accidents and occupational diseases.

3. Provide to republican state bodies reduction of the regulatory legal acts in compliance with this resolution.

4. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 15, 2004 No. 30

Rules of investigation and accounting of labor accidents and occupational diseases

Chapter 1. General provisions

1. These rules determine procedure for investigation and accounting of labor accidents and occupational diseases.

2. For the purposes of these rules terms and their determinations in the values established in Item 271 of the Regulations on insurance activity in the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of August 25, 2006 No. 530, and also the following terms and their determinations are used:

superior organization - the organization which authorized officer from her name signs the employment contract with the head of the insurer on compulsory insurance from labor accidents and occupational diseases (further - the insurer);

rough imprudence - imprudence in case of which taking into account specific situation insured could expect approach of effects, harmful to himself, but thoughtlessly hoped that they will not come. As rough imprudence making insured one of the following actions can be recognized:

violation (non-compliance) of elementary requirements of foresight and safety;

violation (non-compliance) of requirements of regulatory legal acts, including the technical regulatory legal acts which are according to legal acts and resolutions of Council of Ministers of the Republic of Belarus obligatory for observance, technical regulations of the Customs union and Eurasian Economic Union (further - requirements of the legislation), local legal acts according to which insured was trained and (or) it is instructed according to the procedure established by the legislation if taking into account specific situation he expected possibility of approach of effects, harmful to himself, but thoughtlessly hoped that they will not come, except as specified, when accident happened during passing by the injured (diseased) of training concerning labor protection or before passing of primary examination by it concerning labor protection (if conducting such check is required according to the legislation), and also in case of absence at the injured (diseased) of the admission to independent work in accordance with the established procedure;

stay in alcohol intoxication or in the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances if during the investigation of the labor accident or occupational disease it is determined that such condition promoted damnification to health of the injured (diseased) to either his death or increase in the extent of this harm;

group accident - event as a result of which at the same time two and more working one insurer sustained the damage of health which entailed need of their transfer into other work, temporary (at least one day) or permanent loss of professional working capacity by them or death;

the official - physical person, is permanent, temporary or on special power carrying out at the insurer, in the organization organizational and administrative or administrative functions or authorized in accordance with the established procedure by the insurer, the organization on making of legally significant actions;

the diseased - insured, damage of health or the death of whom are caused by occupational disease;

microinjury - the industrial injury which did not cause at the transfer insured disability or the necessity according to the conclusion of the medical and consulting commission for other (easier) work;

imprudence - inadvertent, including by levity or negligence, making insured actions which entailed damnification to his health or its death (promoted damnification to his health or its death) or entailed increase in the extent of this harm (promoted increase in the extent of harm);

the organization - the organization which is not the insurer for the victim to which according to these rules obligations on investigation of labor accident are assigned;

acute occupational disease - disease insured, caused only or preferential by impact on it harmful production factor in the course of labor activity within no more than one working day (change) which entailed temporary (at least one day) or permanent loss of professional working capacity by it or his death;

the victim - insured, damage of health or the death of whom are caused by accident;

industrial injury - damage of the health insured as a result of labor accident;

alcohol intoxication - availability of absolute ethyl alcohol in the exhaled air in concentration of 0,3 and more than a per mille or availability of vapors of absolute ethyl alcohol in concentration of 150 and more micrograms on one liter of the exhaled air;

the condition caused by consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances - availability of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances in the biological samples received at insured which at the same time has signs of drug or toxic intoxication;

special investigation of accident (further - special investigation) - the accident investigation made by the official of Department of State Labour Inspection of the Ministry of Labour and Social Protection (further - Department) who is the state inspector of work (further, unless otherwise specified, - the state inspector of work of Department);

transport - aircrafts, water transport (ocean ships, inland navigation vessels, vessels mixed (the river - the sea) type, small size vessels), rail transport (locomotives, cars, electric trains, diesel train, the railcar and another), the subway, the car, the bus, the motorcycle, the moped, the tram, the trolleybus, the electric vehicle, means of personal mobility (the electroscooter, giroskuter, sigvy, monowheel and another), the bicycle, the cycle mobile, the self-propelled machine, the tractor, the horse drawn vehicle, horse when following top;

chronic occupational disease - disease insured, caused only or preferential by long impact on it harmful production factor in the course of labor activity which entailed temporary (at least one day) or permanent loss of professional working capacity by it or his death.

3. Action of these rules extends on:

3.1. insurers;

3.2. insurers to whom implementation of compulsory insurance from labor accidents and occupational diseases is assigned (further - insurers);

3.3. citizens of the Republic of Belarus, foreign citizens and stateless persons (further, unless otherwise specified, - working):

performing (performing) work based on the employment contract (contract) (further - workers);

holding (holding) the state civil positions, in case of appointment (election) to which contracts are not signed;

performing (performing) paid work on the basis of membership (participation) in production cooperatives;

being (being) heads peasant farms, heads of the organizations - the single owners of their property earning (earning) reward for work from such work;

containing (containing) in the organizations of criminal executive system (further - OUIS) which are (being) in medical and labor dispensaries (further - LTP) and attracted (involved) to accomplishment paid works;

involved (attracted) in accordance with the established procedure in carrying out rescue and other urgent works in case of liquidation of emergency situations of natural and technogenic nature and their effects;

working (working) based on civil agreements which subject are performance of works, rendering services or creation of intellectual property items (further - performance of works), in the places provided by the insurer;

being (being) according to Item 1 of article 29 of the Code of the Republic of Belarus on education by students (except for students on specialties for military forming and paramilitary organizations) and involved (attracted) in paid works in the organizations during practical training, inservice training, and also being the specialists doctors, persons who got the higher medical education outside the Republic of Belarus, and involved in paid works during preparation in clinical internship (further - students);

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