RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 17, 2019 No. 337

About approval of the Procedure for investigation and accounting of accidents, occupational diseases and accidents on production

According to article 22 of the Law of Ukraine "About labor protection" and article 30 of the Law of Ukraine "About obligatory national social insurance" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for investigation and accounting of accidents, occupational diseases and accidents on production which is applied.

2. Confer to Public service concerning work powers on explanation of requirements of the Procedure approved by this resolution.

3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

4. To the ministries, other central executive bodies to bring the regulatory legal acts into accord with this resolution.

5. This resolution becomes effective since July 1, 2019.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 17, 2019 , No. 337

Procedure for investigation and accounting of accidents, occupational diseases and accidents on production

General questions

1. This Procedure determines the procedure of conducting investigation and accounting of the accidents, occupational diseases and accidents on production which happened to persons determined by part one of article 29 of the Law of Ukraine "About obligatory national social insurance".

2. Requirements of this Procedure extend on all legal entities and physical person which according to the legislation use wage labor, and persons specified in Item of 1 this Procedure.

Action of this Procedure does not extend on:

military personnel of Service of foreign intelligence, Armed Forces, Management of the state protection, SSU, Gosspetssvyaz, State special transservice;

faces of the private and the commanding structure of law-enforcement bodies, police officers, the military personnel of National guard, cadets (listeners) of Ministry of Internal Affairs educational institutions and National guard;

persons containing in organizations of execution of punishments or pre-trial detention centers except cases when specified persons are involved in labor activity on production of these organizations or at other companies for special agreements;

faces of the private and the commanding structure of the Public criminal and executive service;

faces of the private and the commanding structure of bodies and divisions of civil protection of GSChS;

the military personnel of Administration of State frontier service and its regional governments, Sea protection, bodies of protection of frontier, prospecting body of Administration of State frontier service, educational institutions, research establishments and bodies of providing State frontier service during passing of military service by them;

faces of the commanding structure of National anti-corruption bureau, procedure for conducting investigation and accounting of accidents concerning which it is established by the Director of National anti-corruption bureau.

Investigation and accounting of accidents concerning persons, the specified in paragraphs three - the eighth this Item, are performed according to the procedure, determined by the ministries and other state bodies in which management there are military units, organizations, the organizations, organizations of education and division where such persons serve or contain.

The procedure for conducting investigation and accounting of the accidents which happened to pupils, pupils, students, cadets, listeners, trainees, clinical interns, graduate students, doctoral candidates during teaching and educational process is determined by MON in coordination with the relevant trade-union organ.

Investigation of the accidents and occupational diseases which happened to the workers who were in business trip abroad is conducted in connection therewith by Procedure if other is not provided by international treaties of Ukraine.

3. In this Procedure terms are used in such value:

the direct works manager - the specialist, the professional of the corresponding qualification who gives task to the worker on performance of works exercises personal control of the course of their accomplishment and observance of security measures on workplaces;

acute occupational disease (poisoning) - the disease (or death) which arose after single (during no more than one working shift) impacts on the worker of harmful factors of physical, biological and chemical nature (including infectious, parasitic, allergic diseases);

group accident - the accident which happened along with two and more workers irrespective of severity traumatized by them;

the medical certificate - the conclusion in the form of the decision of the medical and advisory commission (medical commission of experts) of healthcare institution (in case of accident and/or acute occupational disease (poisoning) and the conclusion in the form of the solution of medical commission of experts of highly specialized professional pathological healthcare institution (in case of chronic occupational disease (poisoning) in the place of out-patient accounting, treatment or inspection of the victim about connection of deterioration in the state of health of the worker with influence on it of weight and intensity of labor process, dangerous, harmful production factors, the psychoemotional reasons or contraindications for health reasons to perform work;

accident - the event limited in time or sudden influence on the worker of dangerous production factor or environment which happened in the course of execution of labor obligations by it or on the way (on the vehicle of the company or at the request of the employer) owing to which harm is done to health, in particular from receipt of wound, injury, including owing to bodily harms, acute occupational disease (poisoning) and other poisonings, obtaining solar or heatstroke, burn, frostbite, and also in case of drowning, defeat by electric current, lightning and ionizing radiation, receipts of other damages owing to accident, the fire, natural disaster (earthquake, landslide, flood, hurricane and so forth), contact with representatives of animal and flora, which led to loss by the worker of working capacity for one working day or more or to need of its transfer to other (easier) work for one at least working day, losses and so forth;

the hidden labor accident - accident about which the employer, the victim or the worker who found it, did not report in the time established by this Procedure relevant organs and organizations, and/or accident which investigation is not made by the commission of the company (organization, the organization);

the territory of the company (organization, the organization) - the parcel of land provided in use to the company (organization, the organization) and also the site which is carried to its territory according to the solution of the corresponding local executive body or local government body including production, administration and household rooms, buildings, constructions located on such parcel of land on (in) which is performed productive activity;

chronic occupational disease (poisoning) - disease which resulted from implementation of professional activity of the worker only or mainly impact of harmful factors of the production circle and labor process, work-related.

Other terms are used in the value given in the Labor code of Ukraine, in the Code of civil protection of Ukraine, the Criminal Procedure Code of Ukraine, the Laws of Ukraine "About labor protection", "About obligatory national social insurance", "About collection and accounting of single fee on obligatory national social insurance", "About general safety of non-food products".

Organization of investigation of accidents and/or sharp occupational diseases (poisonings)

4. The victim or the worker who found accident acute occupational disease (poisoning), or other person - the witness of accident shall take all feasible measures necessary for assistance to the victim and report immediately about accident to the direct works manager, security service of work of the company (organization, the organization) or to other authorized person of the company (organization, the organization).

5. The direct works manager or other authorized person of the company (organization, the organization) shall:

it is urgent to organize rendering the first domeditsinsky aid to the victim and to provide in case of need its direction in healthcare institutions;

to immediately report to the employer about what occurred;

keep before arrival of the commission on investigation (special investigation) of accident, acute occupational disease (poisoning) situation on workplace, machines, mechanisms, the equipment, installations in such condition in which they were at the time of accident if it does not threaten life and health of other workers and will not lead to heavier consequences or violation of production processes.

6. The healthcare institution shall transfer immediately with use of means of communication (the fax, the telephone message, e-mail) and within a day on paper the spot news about the address of the victim with reference to accident and/or acute occupational disease (poisoning) on production (in case of opportunity with the conclusion about severity of injuries) in form according to appendix 1:

to the company (organization, the organization) where the victim or on which he performed work works;

to territorial authority of Gostrud in the place of approach of accident and/or acute occupational disease (poisoning);

to territorial authority of the Pension fund of Ukraine in the place of approach of accident (further - territorial authority of the Pension fund of Ukraine).

7. The institution of health care shall conduct necessary researches for determination of availability in organism of injured alcohol (drugs or toxic or toxic agents) and to determine degree of his intoxication.

The corresponding conclusion or minutes abstract (with separate specifying in case of refusal of the victim to determine intoxication degree), the reference with indication of the diagnosis and its code according to the International Statistical Classification of diseases and related problems of health care (MKB-10) and the conclusion about severity of injury according to the Qualifier of distribution of injuries on severity approved by the Ministry of Health, healthcare institutions gratuitously provides within a day from the moment of receipt of request from the employer and/or the commission chairman on investigation (special investigation) of accident, acute occupational disease (poisoning).

8. In case of receipt of information on accident and/or acute occupational disease (poisoning) from the direct works manager, the notification from healthcare institution, the statement of the victim, members of his family or person authorized by it, etc. the employer shall report within two hours the companies (organizations, the organizations) specified in paragraphs four - the ninth this Item, with use of means of communication and no later than the next working day to provide on paper the notification according to appendix 2.

In case of approach of accident, acute occupational disease (poisoning) with persons working at conditions of the civil agreement, at other bases provided by the law, physical persons - the entrepreneurs, persons performing independent professional activity members of farm, persons who are actually allowed to work without execution of the employment contract of the message on accident and/or acute occupational disease (poisoning) present by the director (organizations, the organizations) for the benefit of whom works were performed (services were provided), or accident and/or acute occupational disease (poisoning) happened the representative of the lessor, the asset holder, etc., in the territory (object) of which.

The message on accident is provided in the place of approach of accident and/or acute occupational disease (poisoning), and in case of approach of accident owing to event (accident, catastrophic crash) during movement of vehicles of all types - in place of registration of the company (organization, the organization):

to territorial authority of Gostrud;

to territorial authority of the Pension fund of Ukraine;

to the director (organizations, the organizations) in the territory of whom there was accident and/or acute occupational disease (poisoning) if the victim is the employee of other company (organizations, the organizations);

to the head of primary organization of labor union irrespective of membership of the victim in labor union (in case of availability at the company (in organization, the organization) several labor unions - to the head of labor union which member is the victim), and in case of absence of labor union - to person authorized by hired employees concerning labor protection;

to authorized body or the supervisory board of the company (in case of its education);

to body of GSChS in case accident happened owing to the fire.

If accident and/or acute occupational disease (poisoning) are subject to special investigation according to Item 10 of this Procedure, messages on accident in addition goes:

to the local state administration or local government body (in case of absence of authorized body or the supervisory board of the company);

to body of industrial trade union of the highest level, and in case of its absence - to territorial professional consolidation;

to police agency (in case of approach of accident and/or acute occupational disease (poisoning) that brought to heavy (including with possible disability of the victim) or to deadly consequences, the death of the worker during execution of labor (official) obligations by it).

For the cases which are subject to special investigation in the message on accident which is provided to territorial authority of Gostrud the employer specifies candidates for representatives of the company (organization, the organization) and authorized body or the supervisory board of the company (in case of its education) (with indication of their surname, name, middle name, position, contact telephone numbers) for their inclusion in structure of the special commission.

9. Investigation (special investigation) is made in case of approach of accident and/or acute occupational disease (poisoning), including about which it is timely not reported to the employer or as a result of which disability of the victim came not directly.

Prescriptive limit for investigation of accidents and/or sharp occupational diseases (poisonings) on production constitutes three years from the date of their approach.

In case of factual determination of accident and/or acute occupational disease (poisoning) with the judgment investigation is made irrespective of date of their approach.

10. Are subject to special investigation:

fatal accidents;

group accidents;

cases of death of workers during execution of labor (official) obligations by them;

sharp occupational diseases (poisonings) which led to serious or deadly consequences;

accidents which fact of approach is determined judicially and the company (organization, the organization) at which they happened is liquidated without legal successor;

the accidents which entailed heavy consequences including with possible disability of the victim;

cases of loss of the worker during execution of labor (official) obligations;

accidents with persons who work at conditions of the civil agreement, on other bases provided by the law, physical persons - the entrepreneurs, persons performing independent professional activity, members of farm;

the accidents which happened to persons which are actually allowed to work without execution of the employment contract (contract).

The fact of stay of the victim in employment relationships with the employer if the worker is actually allowed to work without execution of the employment contract (contract), is established by officials of Gostrud or his territorial authority or judicially.

Investigation of the accidents which entailed heavy consequences including with possible disability of the victim, can be conducted by the commission of the company (organization, the organization) in case of provision by territorial authority of Gostrud of the written order to the employer during the next working day after receipt of the message on accident.

Reference of accidents to entailed heavy consequences, including with possible disability of the victim, is performed based on the conclusion about severity of injury according to the Qualifier of distribution of injuries on severity approved by the Ministry of Health.

11. Accidents and/or sharp occupational diseases (poisonings), the happened to employees of the companies (organizations, the organizations), their branches, representations and other isolated and structural divisions in case of execution of labor obligations (except catastrophic crash, accident or incident in case of movement of vehicles of all types) outside area where the subject of managing underwent state registration as the legal entity or actually, are investigated in the place of their approach.

12. At the company (in organization, the organization) the commission on investigation of accidents and/or sharp occupational diseases (poisonings) which are not subject to special investigation is created (further - the commission).

The commission is formed by the order of the employer no later than the next working day after receipt of information on accident and/or acute occupational disease (poisoning) from the direct works manager, the notification from healthcare institution, the statement of the victim, members of his family or person authorized by it.

13. Are part of the commission:

the head (specialist) of security service of work or the official to who the employer assigns accomplishment of functions on labor protection (commission chairman);

representative of territorial authority of the Pension fund of Ukraine;

the representative of primary organization of labor union (in case of its absence - person authorized by hired employees concerning labor protection);

the doctor on occupational health of territorial authority Gostruda (in case of approach of acute occupational disease (poisoning);

other representatives of the company (organization, the organization), officials of bodies of Gosprodpotrebsluzhby, GSChS (in case of need and in the corresponding coordination).

The direct head of the victim cannot be part of the commission.

14. State work and/or its territorial authority the commission on special investigation is formed (further - the special commission).

The special commission is formed within one working day after obtaining from the employer of the written message on accident or according to information obtained from other sources (body of pre-judicial investigation, addresses of the victim or members of his family or person authorized by them, primary organizations and territorial trade union associations).

15. Are part of the special commission:

official of Gostrud and/or his territorial authority (commission chairman);

representative of territorial authority of the Pension fund of Ukraine;

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