RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of November 30, 2011 No. 1232

Some questions of investigation and accounting of accidents, occupational diseases and accidents on production

Cabinet of Ministers of Ukraine decides:

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

2. Grant the right to explain requirements of the Procedure approved by this resolution:

To public service concerning work concerning investigation and accounting of accidents and accidents on production;

To the Ministry of Health - concerning investigation and accounting of sharp, chronic occupational diseases and poisonings.

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

4. This resolution becomes effective since January 1, 2012.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of November 30, 2011, No. 1232

Procedure for conducting 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 accidents, occupational diseases and accidents which happened to workers at the companies, in organizations and the organizations irrespective of pattern of ownership or in their branches, representations, other separate divisions (further - the companies).

2. Action of this Procedure extends on:

1) owners of the companies or the bodies authorized by them (further - employers);

2) workers, including foreigners and stateless persons which according to the legislation signed with the employer the employment contract (contract) or actually allowed to work as the employer;

3) physical persons - entrepreneurs;

4) members of farm, members of personal peasant economy, persons who work under the agreement signed according to the legislation (further - persons who provide themselves with work independently);

Action of this Procedure also extends to employees of diplomatic service in operating time in foreign diplomatic organization of Ukraine and persons who according to the legislation on work work according to the employment contract (contract) in military units (divisions) or at the companies, in organizations and the organizations which belong to the sphere of management of the Ministry of Defence, the Ministry of Internal Affairs, State special transservice, the SSU, Service of foreign intelligence, Administration of State frontier service, Ministry of Justice, GSChS, Gosspetssvyaz.

5) employees of National anti-corruption bureau.

3. Action of this Procedure does not extend on:

1)  No. 59 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 03.02.2016

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

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

4) persons who contain in organizations of execution of punishments and pre-trial detention centers;

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

6) No. 380 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 29.05.2013

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

8) 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.

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

5. Investigation and accounting of accidents which happened to workers in travel time for work or from work on foot on the public, own or other vehicle which is not belonging to the company and not used for the benefit of the company are made according to procedure investigations and accounting of accidents of non-productive nature.

6. Investigation of accidents and occupational diseases which happened to workers who were in business trip abroad is conducted according to this Procedure if another is not provided by international treaties of Ukraine. Investigation and accounting of accidents

7. Investigation is made in case of accident, namely limited in time of event or sudden influence on the worker of dangerous production factor or environment which occurred in the course of accomplishment of labor obligations by it, owing to which the damage to health, in particular from receipt of wound, injury, including owing to bodily harms, acute occupational disease and sharp professional 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, etc.), contact with representatives of animal and flora is fixed 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, disappearances, and also approaches of death of the worker in case of accomplishment of labor (official) obligations by it.

The disease which arose after single influence on the worker of hazardous substance (substances) belongs to sharp professional poisoning.

The disease which arose after single (during no more than one working shift) influences of harmful factors of physical, biological and chemical nature belongs to acute occupational disease.

8. The victim or the worker who found it or other person - the witness of accident shall report about each accident immediately to the works manager who direct exercises control of labor protection condition on workplace (further - the direct works manager), or to other authorized person of the company and to take measures for provision of necessary assistance to the victim.

In case of accident approach the direct works manager shall:

it is urgent to organize provision of the first emergency aid to the victim, to provide in case of need its delivery in treatment-and-prophylactic institution;

to immediately report to the employer about the event;

keep before arrival of the commission on investigation (special investigation) of accident situation on workplace and machines, mechanisms, equipment, the equipment (further - the equipment) in such condition in which they were at the time of accident approach (if it does not threaten life or health of other workers and will not lead to more serious consequences and violation of production processes), and also to take measures for non-admission of similar accidents.

9. Treatment-and-prophylactic institution shall transfer within a day with use of means of communication and on paper the spot news about the address of the victim with the reference to labor accident in form according to appendix 1:

1) to the company where the victim works;

2) to working body of executive directorate of Social Insurance Fund from labor accidents and occupational diseases (further - Fund) on the company location where the victim works, or in the place of approach of accident with the physical person - the entrepreneur or person providing himself with work independently;

3) to territorial authority of Gostrud in the place of approach of accident;

4) to the institution of the public sanitary and epidemiologic service exercising the state sanitary and epidemiological surveillance behind the company where the victim, or to such institution in the place of approach of accident works with the physical person - the entrepreneur or person providing himself with work independently in case of detection of acute occupational disease (poisoning).

Treatment-and-prophylactic institution carries surely out according to the procedure, the established MZ, necessary researches also are constituted by the protocol on availability in organism of injured alcohol (drugs or toxic agents) and determines degree of his intoxication. The corresponding conclusion or minutes abstract, and also the conclusion about severity of injury (with indication of diagnosis code according to the International Statistical Classification of diseases and related problems of health care (MKX-10) move on request of the employer, Fund before formation of the commission on conducting investigation of accident (further - the commission) or heads of the commission after its education within one days from the moment of receipt of request.

10. The employer, having received the message on accident (except cases, the stipulated in Item 37 presents About), shall:

1) within one hour to transfer with use of means of communication and within a day on paper the message on accident according to appendix 2:

To fund for the location of the company on which there was accident;

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 of 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 the director, where the victim works if the victim is the employee of other company;

to body of the state fire supervision on the company location in case of approach of accident owing to the fire;

to the institution of the public sanitary and epidemiologic service exercising sanitary and epidemiological surveillance behind the company (in case of detection of acute occupational disease (poisoning));

2) within a day to form the commission as a part of at least three persons and to organize conducting investigation.

The employer shall create proper conditions for work of the commission (to provide with accommodation, means of communication, office equipment, motor transport, office supplies), to compensate the expenses connected with its activities and also the involved experts, other specialists and to promote work of the commission for the purpose of timely and objective conducting investigation of accident.

11. The head (specialist) of security service of work or the official to whom the employer assigns accomplishment of functions on labor protection (commission chairman), the representative of Fund for the company location, the representative of primary labor union (in case of availability at the company of several labor unions - the trade union representative whose member is the victim, and in case of absence of labor union - person authorized by hired employees concerning labor protection), and also the representative of the company, other persons are part of the commission.

If the victim is the employee of other company, also representatives of such company and primary organization of labor union, and in case of absence at the company of labor union - person authorized by hired employees concerning labor protection are part of the commission.

The direct works manager cannot be part of the commission.

In case of detection of acute occupational disease (poisoning) also the representative of the institution of the public sanitary and epidemiologic service exercising sanitary and epidemiological surveillance behind the company is part of the commission. In case of absence at the company, at physical persons entrepreneurs or at persons who provide themselves with work independently of the necessary number of persons for formation of the commission representatives of employer (employer) and the district state administrations or executive body of local self-government are part of the commission.

In case of approach of accident on the vessel of the sea or river or fishing fleet during swimming or stay in foreign port the commission is formed by the captain of such vessel what it is reported about the owner of the vessel who according to requirements of Item 10 of this Procedure reports Fonda about accident in place of registration (addition) of the vessel.

In case of approach of accident in foreign diplomatic organization of Ukraine the commission is formed by the head of such organization or person who replaces it, what the Ministry of Foreign Affairs which according to requirements of Item 10 of this Procedure reports accident to Fund is reported about.

The victim or person authorized by him who represents its interests is not part of the commission, but has the right to participate in its meetings, to make offers, to file documents concerning accident, to give the corresponding explanations, including to state in oral and written form personal opinion concerning circumstances and the reasons of approach of accident and to obtain information on the course of conducting investigation from the commission chairman.

The commission chairman shall inform in writing the victim or person authorized by him who represents its interests, about his or her rights and since the beginning of work of the commission to invite to cooperation.

Members of the commission have the right to receive oral or written explanations concerning accident and to conduct survey of the employer, officials, other employees of the company, including the victim, and to interview persons - witnesses of accident and persons, involved in it, to make the necessary requests connected with conducting investigation.

12. In case when accident happened to the physical person entrepreneur or person providing itself with work independently and voluntarily insured in the Pension fund of Ukraine on condition of payment of fee by it on obligatory national social insurance from labor accident and occupational disease (except cases, the stipulated in Item 37 presents About), investigation will organize Fund for the place of approach of accident which forms the commission as a part of at least three persons.

Are part of the commission the representative of Fund for the place of approach of accident (commission chairman) and representatives of the district state administration (in case of approach of accident in the city of district value or the area of of Kiev and Sevastopol) or the Regional State Administrations (in case of approach of accident in the city of regional value) (further - the local state administration) in the place of approach of accident, primary organization of labor union which member is the victim, or territorial professional consolidation in the place of approach of accident if the victim is not member of labor union.

In case of detection of acute occupational disease (poisoning) the representative of institution of the public sanitary and epidemiologic service in the place of approach of accident also is part of the commission.

13. Conducting investigation of the accident which happened to the physical person - the entrepreneur or person providing himself with work independently is also not insured in the Pension fund of Ukraine as the payer of single fee for obligatory national social insurance, will organize territorial authority of Gostrud in the place of approach of accident which forms the commission as a part of at least three persons.

Are part of the commission the representative of territorial authority Gostruda in the place of approach of accident (commission chairman) and representatives of the local state administration in the place of approach of accident, primary organization of labor union which member is the victim, or territorial professional consolidation in the place of approach of accident if the victim is not member of labor union.

In case of detection of acute occupational disease (poisoning) the representative of institution of the public sanitary and epidemiologic service who exercises sanitary and epidemiological surveillance behind the company also is part of the commission.

14. The commission shall within three working days from the moment of its education:

survey the place of approach of accident, receive written explanations of the victim if it is possible, to interview persons - 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 the reasons of approach of accident;

study primary medical documentation (the magazine of registration of emergency station of treatment-and-prophylactic institution, the appeal of the victim to medical aid station or medical and sanitary part of the company, out-patient card and the clinical record of the victim, documentation of personnel department, department (service) of labor protection, etc.);

determine, it is connected or accident is not connected with production;

identify persons who allowed violation of requirements of the legislation on labor protection and also develop the actions plan on prevention of similar accidents;

draw up in five copies the statement of conducting investigation of accident in the N-5 form (further - the act in the H-5) form according to appendix 3 and the act of the accident connected with production in the N-1 form (further - act in H-1) form according to appendix 4 (in case accident is acknowledged such which is connected with production) and to transfer them to the employer for approval;

constitute in case of detection of acute occupational disease (poisoning) connected with production except acts in the N-5 and N-1, form in six copies the accounting card of occupational disease (poisoning) in the P-5 form (further - card in the P-5) form according to appendix 5.

Acts in the N-5 and N-1 form are signed by the chairman and all members of the commission. In case of disagreement with contents of the act the member of the commission signs it with mark about availability of separate opinion which is stated in writing and is applied to the act in the N-5 form and is its integral part.

In the cases specified in Item of 31 these Procedures or in case of need for carrying out laboratory researches, examination, testing for establishment of circumstances and reasons of approach of accident the term of investigation can be prolonged in written coordination with territorial authority of Gostrud on the company location.

In case of receipt of written coordination the employer makes the decision on prolongation of term of conducting investigation.

In case when accident is acknowledged as the commission such which is not connected with production, the statement in the N-5 form is drawn up.

15. Circumstances under which accident is recognized such which is connected with production and draw up the statement in the H-1, form are:

1) accomplishment by the victim of labor (official) obligations on working hours of the company, including in business trip;

2) stay on workplace, in the territory of the company * or in other place for accomplishment by the victim of labor (official) obligations or tasks of the employer from the moment of arrival of the victim on the company before its departure that is fixed according to employment policies and procedures of the company, including during the worker and overtime;

3) preparation for work and arrangement upon termination of work of instruments of production, remedies, clothes, and also accomplishment of actions of personal hygiene, movement on the territory of the company before work and after its termination;

4) task performance according to the order of the employer in time off, during leave, during week-end, festive and non-working days;

5) journey for work or from work on the vehicle which belongs to the company, or other vehicle provided by the employer according to the signed agreement;

6) use of own vehicle for the benefit of the company with permission or according to the written order of the employer or direct works manager;

7) accomplishment of actions for the benefit of the company at which the victim, that is actions which do not belong to its labor (official) obligations, in particular on prevention of emergence of accidents or rescuing of people and property of the company, any actions at the request of the employer works; participation in sports competitions, other mass actions and shares which are conducted by the company independently or according to the decision of governing bodies in the presence of the corresponding order of the employer;

8) recovery from the accident, emergency situation of technogenic or natural nature on production facilities and vehicles which are used by the company;

9) provision by the company of the patronage (charitable) help to other companies, organizations, organizations in the presence of the relevant decision of the employer;

10) stay of the victim in the vehicle or on its parking, in the territory of the log settlement, including during replaceable rest if approach of accident is connected with accomplishment by the victim of labor (official) obligations or with influence on it of dangerous or harmful production factors or environments;

11) following of the victim to object (between objects) servicing along the approved route or to any object at the request of the employer;

12) following of the victim to the place or from the place of business trip according to the established task, including on the vehicle of any type and pattern of ownership;

13) sudden warm death of the victim owing to sharp cardiovascular insufficiency during stay at underground works (mining, construction, reconstruction, technical retrofitting and capital repairs of mines, mines, the mines, subways, underground channels, tunnels and other underground constructions, conducting exploration works underground) or after raising of the victim on surface with this sign that is confirmed with the medical certificate;

14) making of suicide by the worker of crew personnel on vessels of the sea, river and fishing fleet in case of excess of the term of stay in flight or its death caused by the collective agreement during stay in flight owing to influence of psychophysiological, dangerous or harmful production factors;

15) the announcement of the victim the dead owing to its disappearance connected with accident in case of accomplishment of labor (official) obligations by it;

16) causing bodily harms by other person or murder of the victim in case of accomplishment or in connection with accomplishment of labor (official) obligations or actions by it for the benefit of the company irrespective of the beginning of pre-judicial investigation, except cases of clarification of non-productive nature by injured and other person of the personal relations that is confirmed with the conclusion of competent authorities;

17) receipt by the victim of injury or other damages owing to deterioration in state of his health which happened under the influence of dangerous production factor or environment in the course of accomplishment of labor (official) obligations by it that is confirmed with the medical certificate;

18) sudden deterioration in the state of health of the victim or his death in case of accomplishment of labor (official) obligations owing to influence of dangerous or harmful production factors and/or factors of weight or intensity of labor process that is confirmed with the medical certificate ** or if the victim had no obligatory medical examination according to the legislation, and work which was performed is contraindicated to the victim according to the medical certificate;

19) stay of the victim in the territory of the company or in other place of employment during break for rest and meal which is established according to employment policies and procedures of the company, technological break, and also during stay in the territory of the company in connection with holding production meeting, receipt of the salary, passing of obligatory medical examination, etc. or carrying out with permission or at the initiative of the employer of the professional and qualification tenders, sports competitions and trainings or actions provided by the collective agreement if approach of accident is connected with influence of dangerous or harmful production factors that is confirmed with the medical certificate.

The list of circumstances under which there comes the insured event of the national social insurance of citizens from labor accident and occupational disease is determined in appendix 6.

16. Circumstances under which accidents are not recognized such which are connected with production are:

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