of December 22, 2005 No. 1361
About approval of the Regulations on procedure for investigation of labor accidents
The government DECIDES:
1. Approve Regulations on procedure for investigation of labor accidents it (is applied).
3. Declare invalid the Order of the Government No. 706 of June 5, 2002. "About approval of the Regulations on procedure for investigation of labor accidents" (The official monitor of the Republic of Moldova, 2002, No. 74, the Art. 800) from coming into force of the above-stated Provision.
Minister of Economy and Trade
Approved by the Order of the Government of the Republic of Moldova of December 22, 2005 No. 1361
1. This Provision establishes single procedure for the message, investigation, registration and accounting of the labor accidents which happened to workers who work at employers based on provisions of the current legislation.
Classification and determination of accidents
2. Accidents are classified on:
accidents out of production.
3. The labor accident is understood as event in case of which there was violent damage of organism of the worker (wound, psychological stress, defeat by electric current, burn, frostbite, suffocation, sharp poisoning, the injuries put with insects, animals, and also owing to natural disasters, etc.) which came owing to impact of any risk factor (property, condition, process, the phenomenon, behavior), work inherent in any element of system (the contractor, labor task, means of production, the production circle) which caused temporary or permanent disability or the death of the worker and taking place:
b) prior to work or after completion of work when the worker moves from entrance on the territory of the company, organization, the organization (further - the company) to workplace and back, changes personal clothes, individual protection equipment, working clothes and footwear and, on the contrary, accepts or hands over workplace and means of production;
d) in travel time from the house for work and back, on the transport provided by the company in accordance with the established procedure and also during landing time or disembarkation from this vehicle;
e) in travel time from the company in which states the worker, on workplace, the companies organized out of the territory, or to other company and back for accomplishment of labor task or service duties, in time necessary for this purpose and along the established movement route, irrespective of method of movement or the used vehicle is registered;
g) during action taken on own initiative for the prevention or elimination of danger or to rescuing of other worker from danger under the circumstances specified in subitems a), b) c) d) and f) this Item;
h) during implementation of inservice training or professional practice based on the contract signed between the employer and educational institution between the employer, pupils and students.
4. Accident out of production is understood as event in case of which there was violent damage of organism of the worker which came even in its working day on workplace or in the territory of the company under conditions, not stipulated in Item 3 this provision which immediate cause is determined by the act which is not connected with accomplishment of labor task or service duties (overindulgence, fight, intentional causing to itself mutilations, suicide, cases of the latent disease and natural death, use of means of production for personal reasons without the permission of the employer, making of theft of property of the company, employer of physical person and other actions of this sort). The actions, acts or acts specified in this Item shall be supported by the relevant documents.
5. Labor accidents and accidents out of production (further - accidents) are subdivided into three types:
a) accident with temporary disability - the case which caused partial or full disablement for a certain time (at least one day), with its recovery after the end of the corresponding medical treatment and confirmed with medical institution in accordance with the established procedure;
b) heavy accident - the case which caused the heavy damage of organism of the worker confirmed with medical institution in accordance with the established procedure;
c) deadly accident - the case which led to immediate death of the worker or death after some time confirmed in accordance with the established procedure with organization of forensic medical examination.
6. Accidents are classified as:
a) single accident - in case of which suffered only one worker;
b) group accident - in case of which at least two workers in the same place and for the same reasons at the same time suffered.
7. Each victim or the eyewitness shall report immediately about accident to the direct or other higher head and give, as necessary, first aid.
8. The head, having received the message on accident:
will organize first-aid treatment to the victim and, if necessary, transports it in medical institution from which requests the medical certificate about nature of violent damage of its organism;
evacuates, as necessary, personnel from the scene;
reports to the employer about accident;
keeps invariable real situation in case of which there was accident, before receipt of consent of persons making investigation, except as specified when preserving this situation can lead to other accidents or to threat of life or health of other persons. If it is necessary to change real situation in case of which there was accident, the picture and schemes of the place where there was accident are taken previously, the physical evidences containing data on the happened accident for transfer to persons making investigation gather.
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