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

of July 29, 2008 No. 80

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

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:

Approve 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 it (is applied).

Approved by the Resolution of the Ministry of Emergency Situations of the Republic of Belarus of July 29, 2008 No. 80

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.

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