Questions

Question 1

Choose the right definition for “safe work conditions”

Answer 1

Work conditions where the level of occupational hazard exposure don’t exceed the allowable limits

Question 2

Definition or “hard physical labor”

Answer 2

Type of work performed by an employee associated with continuous movement, transfer and carry of heavy objects (10kg), and that require strenuous physical effort (energy demand over 250kcal/hr)

Question 3

Definition of job related incident

Answer 3

Exposure of an employee, a seconded employee to harmful hazardous industrial factors when performing their job duties/employers tasks, which has resulted in an on the job injury or immediate health impairment or poisoning of employee leading to further temp/permanent disability or death

Question 4

Definition of harmful work conditions

Answer 4

Work conditions that involves the presence of occupational hazards

Question 5

Choose the right definition for “harmful industrial factor”

Answer 5

An occupational hazard which may cause illness or reduce ability to work, or/and can have adverse reproductive health effects on an employee

Question 6

Choose the right definition for “occupational disease”

Answer 6

A chronic or acute disease in an employee caused by their exposure to harmful/hazardous industrial factors when performing their employment (work) duties

Question 7

Choose the right definition for “hazardous work conditions”

Answer 7

Work conditions, where exposure to certain industrial or non-removable natural factors due to noncompliance with safety requirements could result in an occupational injury, immediate health impairment, or poisoning, further leading to temporary or permanent disability, occupational disease, or death

Question 8

Choose the right definition for “occupational injury”

Answer 8

Employee’s deterioration of health, received while performing his job duties, that might lead to employee’s disability

Question 9

Choose the right definition for “gross negligence”

Answer 9

Acts by an employee that may cause infringement of occupational health and safety requirements, and may threaten their health

Question 10

Choose the right definition for “collective safety equipment”

Answer 10

Technical devices designed to protect simultaneously one or more employees from exposure to harmful and/or hazardous industrial factors

Question 11

In what situation does an employee have the right to refuse to complete the job?

Answer 11

Refusal to complete the job in the situation when there is a threat to his/her health and life with notification of his/her line supervisor/employer representative

Question 12

In what situation does an employee have the right to refuse to complete the job?

Answer 12

Refusal to complete the job in the situation when there is a threat to his/her health and life with notification of his/her line supervisor/employer representative

Question 13

Who shall be responsible for providing occupational incident insurance to employees performing their employment (work) duties?

Answer 13

Employer shall be responsible for providing incident insurance to employees performing their employment (work) duties

Question 14

Are individuals under 18 years old allowed to perform hard physical labor and work associated with harmful and/or hazardous work conditions?

Answer 14

Employees under the age of eighteen and workers engaged in heavy work, work in harmful and (or) hazardous work conditions are not allowed to be hired for part-time job with the exception for healthcare workers.

Question 15

What document specifies work conditions, guarantees, and privileges, as well as whether the work is recognized as heavy and/or is performed under harmful and/or hazardous conditions?

Answer 15

Employment Agreement shall specify:
8) work conditions, guarantees, and privileges, as well as whether the work is recognized as heavy and/or is performed under harmful and/or hazardous conditions

Question 16

What is the maximum probation period for an employee?

Answer 16

2. A probation period is included in the length of service of an employee and may not exceed three months. For the heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices of organizations, the probation period may be extended to six months

Question 17

Which document shall serve as the basis for employee transfer to another temporary job due to their health condition?

Answer 17

1. The employer must provide the employee with a medically permissible job or release him from work in accordance with the terms specified in employment and collective agreements or another act of the employer in case of on-job injury, occupational disease or another damage to health resulting from performance of his/her job duties, or other damages to health not related to his/her job based on a medical certification
   until rehabilitation or confirmation of disability or loss of occupational capacity

Question 18

What is the procedure for temporary transfer of a pregnant woman to another job?

Answer 18

Based on the medical evidence, the employer must transfer a pregnant woman to a different job that excludes any exposure to harmful/hazardous industrial factors, with appropriate salary that should not be lower than her average previous salary.

Based on medical certificate of pregnancy starting at week 12 or more the employer must temporarily change schedule of the pregnant woman working on a rotational basis to five or six workdays a week with appropriate salary that shall not be less than her previous average salary.

Prior to moving her to another job, the woman shall be released from her permanent work with her average monthly salary still paid out

If the woman refuses to take the temporary job offered by her employer, she shall be released from contraindicative work with no salary paid, until the moment she takes her social and maternity leaves.

Question 19

What are the instances, where an employer must take an action to suspend their employee from job?

Answer 19

2. Except for the cases specified in Item 1 of this Article, an employer/host Party must suspend an employee/seconded Employee from his/her job

1) if an employee shows up at work under the influence of alcohol, narcotics or toxic substances (or their analogs) or takes them during his/her work hours.

2) if an employee failed the knowledge test in occupational health and safety and industrial safety.

3) if an employee failed using PPE/ collective safety equipment supplied by Employer or the employee’s home company

4) if an employee did not pass either regular medical examination, or pre-shift medical checkup, given that these are mandatory as per the RoK legislation.

5) if an employee’s/seconding party employee’s driver’s license or other permission required to perform his job duties as per employment agreement was revoked.

6) if an employee’s actions or failure to act have caused/ could have caused severe consequences for life and health of that employee and others, job-related injuries and emergencies, violation of occupational health and safety/ fire safety/ traffic safety requirements.

Question 20

What are the grounds for Employer to initiate termination of the individual employment agreement with employee

Answer 20

Individual employment agreement can be terminated by employer in the following cases:

1) dissolution of an employer who is a legal entity, or termination of activity of an employer who is a physical person

2) staff reduction

3) reduction of output, scope of work and services that caused worsening of the employer’s economic conditions

4) employee’s inaptitude to the job position held due to their low qualification or competency as confirmed by the certification results

4-1) employee’s non-compliance with the requirements to job performance established by the RoK Law

5) repeated failure of knowledge test/certification on occupational health and safety/industrial safety by a designated employee, manager/supervisor, or person responsible for occupational health & safety in an organization

6) employee’s inaptitude to the job position held due to the health condition preventing them from continuing working in the current job

7) unsatisfactory performance during a probation

8) absence at workplace for three and more consecutive hours during one workday (work shift) without a good excuse

9) when an employee is intoxicated with alcohol, narcotics, intoxicative inhalant (or analogues) at work or takes a substance that causes such intoxications during a workday

10) refusal to undergo a medical examination to establish the fact of use of substances that cause alcoholic, narcotic or toxic intoxication, confirmed by the relevant act

11) when an employee breaches the rules for occupational safety or fire safety or motor-vehicle safety, that resulted or could have resulted in severe consequences, including on-job injuries and emergencies

12) when an employee steals (including petty stealing) deliberately destructs or damages someone else’s property that has been established by a court sentence or resolution which entered into legal force

13) wrongful acts or omissions of Employee who handles monetary or commodity assets or use job position for own or third party’s benefit against the interests of Employer in exchange to financial reward for himself/herself or other parties if such acts or omission results in loss of employer’s trust in him/her

14) when an employee performing educational functions commits act of indecency which is inconsistent with his/her work

15) disclosure by an employee of information which is a state secret or other legally protected secret, which became known to him/her while performing his/her job duties

16) repeated non-performance or improper performance of job duties by the employee who has a disciplinary record without good reasons

17) provision of false documents or information by the employee when concluding employment agreements or transferring to another job, where the authentic documents might serve as a justification to refuse in initiation of an employment agreement or transfer to another job

18) violation of job duties by a head of an executive body of the employer, by his/her deputy or a manager of an employer’s business unit (branches, representative office and other stand-alone business unit defined by the employer’s act), which caused material damage to the employer

19) discontinuation of employee’s access to the state secrets in cases established by the RoK Law

20) absence of an employee in the workplace for two consecutive months due to temporary disability, except for the cases when an employee is on a maternity leave, and when a disease is included into the list of diseases for which a longer disability period is established as per approval of an authorized healthcare agency

21) when an employee commits a corruption offense, which in accordance with an effective court act excludes the possibility of further employment, except for the cases expressly provided by the RoK Law

22) when an employee continues participating in the strike after bringing to his attention a court decision declaring the strike illegal or the suspension of the strike

23) termination of authorities of an executive office head, executive board members of a legal entity or individual board member and also according to the RoK Law on Joint Stock Companies - internal audit inspectors and corporate secretary by the decision of a property owner of the legal entity or an individual authorized by the owner (agency) or authorized body of the legal entity

24) when an employee reaches the retirement age specified by Paragraph 1 of Article 11 of the RoK Law on Retirement Benefits in the Republic of Kazakhstan – with the right to annually extend the employment agreement by the parties’ mutual consent

25) absenteeism in the workplace for unknown reasons for more than a month

Question 21

What are the grounds for Employer to initiate termination of the individual employment agreement with employee

Answer 21

Individual employment agreement can be terminated by employer in the following cases:

1) dissolution of an employer who is a legal entity, or termination of activity of an employer who is a physical person

2) staff reduction

3) reduction of output, scope of work and services that caused worsening of the employer’s economic conditions

4) employee’s inaptitude to the job position held due to their low qualification or competency as confirmed by the certification results

4-1) employee’s non-compliance with the requirements to job performance established by the RoK Law

5) repeated failure of knowledge test/certification on occupational health and safety/industrial safety by a designated employee, manager/supervisor, or person responsible for occupational health & safety in an organization

6) employee’s inaptitude to the job position held due to the health condition preventing them from continuing working in the current job

7) unsatisfactory performance during a probation

8) absence at workplace for three and more consecutive hours during one workday (work shift) without a good excuse

9) when an employee is intoxicated with alcohol, narcotics, intoxicative inhalant (or analogues) at work or takes a substance that causes such intoxications during a workday

10) refusal to undergo a medical examination to establish the fact of use of substances that cause alcoholic, narcotic or toxic intoxication, confirmed by the relevant act

11) when an employee breaches the rules for occupational safety or fire safety or motor-vehicle safety, that resulted or could have resulted in severe consequences, including on-job injuries and emergencies

12) when an employee steals (including petty stealing) deliberately destructs or damages someone else’s property that has been established by a court sentence or resolution which entered into legal force

13) wrongful acts or omissions of Employee who handles monetary or commodity assets or use job position for own or third party’s benefit against the interests of Employer in exchange to financial reward for himself/herself or other parties if such acts or omission results in loss of employer’s trust in him/her

14) when an employee performing educational functions commits act of indecency which is inconsistent with his/her work

15) disclosure by an employee of information which is a state secret or other legally protected secret, which became known to him/her while performing his/her job duties

16) repeated non-performance or improper performance of job duties by the employee who has a disciplinary record without good reasons

17) provision of false documents or information by the employee when concluding employment agreements or transferring to another job, where the authentic documents might serve as a justification to refuse in initiation of an employment agreement or transfer to another job

18) violation of job duties by a head of an executive body of the employer, by his/her deputy or a manager of an employer’s business unit (branches, representative office and other stand-alone business unit defined by the employer’s act), which caused material damage to the employer

19) discontinuation of employee’s access to the state secrets in cases established by the RoK Law

20) absence of an employee in the workplace for two consecutive months due to temporary disability, except for the cases when an employee is on a maternity leave, and when a disease is included into the list of diseases for which a longer disability period is established as per approval of an authorized healthcare agency

21) when an employee commits a corruption offense, which in accordance with an effective court act excludes the possibility of further employment, except for the cases expressly provided by the RoK Law

22) when an employee continues participating in the strike after bringing to his attention a court decision declaring the strike illegal or the suspension of the strike

23) termination of authorities of an executive office head, executive board members of a legal entity or individual board member and also according to the RoK Law on Joint Stock Companies - internal audit inspectors and corporate secretary by the decision of a property owner of the legal entity or an individual authorized by the owner (agency) or authorized body of the legal entity

24) when an employee reaches the retirement age specified by Paragraph 1 of Article 11 of the RoK Law on Retirement Benefits in the Republic of Kazakhstan – with the right to annually extend the employment agreement by the parties’ mutual consent

25) absenteeism in the workplace for unknown reasons for more than a month

Question 22

What types of disciplinary actions can be applied to an employee?

Answer 22

1. If an employee commits a disciplinary offense, the employer or the top executive officer of national managing holding as stipulated by the RoK Law has the right to take the following types of a disciplinary actions:

warning

reprimand

severe reprimand

termination of the employment agreement at the initiative of the employer

Question 23

For how long will a disciplinary action be effective?

Answer 23

4. Duration of a disciplinary action cannot exceed six months from the date when it was taken, except for the employment agreement termination on the grounds specified in this Code

Question 24

For how long will a disciplinary action be effective?

Answer 24

4. Duration of a disciplinary action cannot exceed six months from the date when it was taken, except for the employment agreement termination on the grounds specified in this Code

Question 25

What work hours are considered nighttime work hour?

Answer 25

1. Time from 22:00 to 06:00 is considered a nighttime

Question 26

Are disabled employees allowed to work night shifts? 

Answer 26

3. Only after obtaining a written consent from the employees, given this job is not restricted due to their health condition, which should be confirmed by a medical statement

Question 27

Are disabled employees allowed to work night shifts? 

Answer 27

3. Only after obtaining a written consent from the employees, given this job is not restricted due to their health condition, which should be confirmed by a medical statement

Question 28

What are the employee categories not allowed to work overtime? 3. The following categories of employees are not allowed to work overtime?

Answer 28

3. The following categories of employees are not allowed to work overtime: 1) Pregnant women who have submitted to their employer a medical conclusion on their pregnancy 2) Employees under 18 years old 3) Employees with disabilities

Question 29

What is the duration of rest & lunch break on a regular workday (work shift)?

Answer 29

1. During a workday (work shift) one break for rest and meals lasting at least half an hour must be provided to employees

Question 30

Who shall bear a material responsibility for any damage to health and/or life of an employee?

Answer 30

   If any damage was caused to employee’s life and/or health while performing his/her job duties an employer must compensate the damage in the amount and in accordance with the procedure specified in the RoK Law

Question 31

Employee of what categories are not allowed to work on a rotational basis?

Answer 31

3) The following employees are not allowed to work on a rotational basis: employees under eighteen year’s old, pregnant women (12 weeks and over) who submit a relevant medical certificate, Group I disabled employees since the day they provide medical certificates. Other employees are allowed to work on a rotational basis unless it is not allowed for them on medical grounds.

Question 32

Who shall provide funds for implementing activities to ensure occupational health and safety compliance?

Answer 32

. Employer provides own funds for implementing occupational health and safety activities.  Other financial resources can also be used for this purpose except the ones prohibited by the ROK law.  Employees will not bear expenses for performing these activities

Question 33

What are the employee’s rights as related to occupational health and safety

Answer 33

1. An employee has the right to: 1) have a workplace equipped in accordance with the occupational health and safety standards 2) to be provided with sanitary and domestic facilities, personal protective equipment, collective safety equipment, in compliance with occupational safety & health standards, and as stipulated by the individual employment and collective agreements 3) request the local labor inspection authority to inspect working conditions and occupational safety at his/her workplace 4) participate personally or through his/her representative in inspection and review of the issues related to improvement of working conditions, occupational health and safety 5) refuse to perform a work if the employer has failed to provide him/her with personal and/or collective protective equipment and if there a danger for his/her health or life, by giving a written notice to his/her immediate supervisor or employer 6) get education and professional development essential for performing job duties in a safe manner as established by the RoK law 7) receive reliable information from the employer about peculiarities at the workplace and the territory of the organization, labor conditions, occupational health and safety conditions, work-related risks for health and life, as well as on measures for his/her protection against process safety hazards 8) to be paid his/her average salary in case of suspension of organization’s activities due to its failure to comply with the occupational health and safety requirements

Question 34

What are the employee’s obligations as related to occupational health and safety?

Answer 34

2. An employee must: 1) comply with occupational health and safety regulations and Employer’s safe work requirements  2) immediately report any on-job injury or any other damage to employees’ health, occupational disease symptoms (intoxication), and life or health threatening situations to the Employer/area supervisor 3) pass mandatory pre-employment and periodic medical examination, as well as pre-shift checkup or any other medical screening in the order as established by the authorized health care agency  4) as per an employer’s requirement pass preventative medical examinations in the events, specified by the employer’s act and in case of employee’s transfer to a different job 5) inform an employer of any diagnosed disability or any health conditions that prevent him/her from performing their job duties  6) use personal protective equipment and collective safety systems provided by Employer, as intended 7) follow the requirements of State Labor Inspector, Occupational Safety Technical Inspector, Internal Control Specialists, and take health remedial and recreational measures prescribed by medical organizations 8) complete trainings, attend briefings and take knowledge tests on occupational health and safety as per the procedure established by an employer and the RoK Law.

Question 35

at are the employer’s rights in terms of its employees as related to occupational health and safety?

Answer 35

. An employer has the right to: 1)  give employees incentives for assistance in creating better work conditions at workplaces, innovative proposals to create safer working environment 2) suspend from work and apply certain disciplinary actions to employees who have violated the labor and health & safety requirements as per procedure established by this Code.  3) demand full compliance with safe work practices and requirements from an employee 4) send workers to preventive medical examinations at employer’s expense in cases stipulated by the RoK Laws and Regulations or employer's act

Question 36

Who shall reimburse the expenses associated with occupational safety and health training, inductions and knowledge tests for the employees? .

Answer 36

An employer must: 3) At least once in 3 years organize occupational safety and health training and knowledge test for managers/ supervisors and the employees responsible for occupational safety and health in organizations that provide personnel development services as per procedure established by an authorized state labor agency in accordance with roaster approved by employer’s act

Question 37

What are the requirements for ensuring safety at work areas

Answer 37

? 1. Design of buildings (structures) where workplaces are located shall comply with occupational health and safety requirements and their functional purpose. 2. Production equipment must comply with the safety standards established for the given type of equipment and have technical passports (certificates), with warning signs and barricades and safeguards provided, for ensuring safety of workers at workplaces. 3. Emergency routes and exits from the buildings used by the employees shall not be blocked and go to the open or safe area. 4. Hazardous areas shall be clearly defined. If workplaces are in hazardous areas, in which, in view of the work specifications, there is a potential risk to an employee or of falling objects, such places shall be equipped, when possible, fencing to limit unauthorized access to these areas.  Safe conditions must be provided for pedestrians and motor-vehicle movement within the company area. 5. During working hours, the temperature, natural and artificial lighting, and ventilation in the premises where workplaces are located shall comply with the sanitary and epidemiological requirements. 6. When several (two or more) organizations carry out simultaneous operations at construction site, the general contractor shall coordinate efforts ensuring compliance with occupational health and safety requirements as per this Code and other regulations of the RoK. 

Question 38

What medical certification shall the employees engaged in high-risk activities and operation of equipment and machinery take?  

Answer 38

2. Employees engaged in high risk activities, operation or machinery and equipment, shall pass pre-shift medical certification. The list of occupations requiring pre-shift medical checkup is determined by authorized healthcare agency.

Question 39

Who shall determine the list of occupations requiring pre-shift medical checkup

Answer 39

? 2. Employees engaged in high risk activities, operation or machinery and equipment, shall pass pre-shift medical certification. The list of occupations requiring pre-shift medical checkup is determined by authorized healthcare agency.

Question 40

Who is in charge of exercising governmental control over compliance with the RoK labor code?.

Answer 40

1. Governmental control over compliance with RoK Labor Law shall be exercised by the state labor inspectors.

Question 41

For what period of time does a state labor inspector have the right to suspend (ban) the business activity of specific enterprises, production facilities, workshops, operational units, workplaces, as well as the operation of equipment, machinery?   .

Answer 41

6) suspend (ban) the business activity of specific enterprises, production facilities, workshops, operational units, workplaces, as well as the operation of equipment, machinery, if they do not meet the requirements of the RoK regulations on occupational health and safety, for a period that shall not exceed five days provided that a lawsuit must be launched by the inspector within the same time frame

Question 42

What acts shall be issued (generated) by a state labor inspector based on established facts of violation of the Labor Code?  

Answer 42

1. Based on findings inspection and the RoK Business Code, a State Labor Inspector issues (generates) the following acts: 1) citation requiring to: address violation of the RoK Labor Code take preventive measures ensuring compliance with occupational health and safety requirements with regards to production facilities, equipment, and production processes to address hazards of injuries and incidents. suspend (ban) the business activity of specific enterprises, production facilities, workshops, operational units, workplaces, as well as the operation of equipment, machinery payment of salary by the employer Note that Suspension (Ban) Act is effective until launching of civil lawsuit by the court based on claim for suspension (ban) raised in accordance with Subitem 6) of Article 193 of this Code.  2) administrative violation protocol 3) Resolution on discontinuance of proceedings in administrative offence case 4) Resolution on administrative offence case 5) Report of State Labor Inspector

Question 43

What acts shall be issued (generated) by a state labor inspector based on established facts of violation of the Labor Code?  

Answer 43

1. Based on findings inspection and the RoK Business Code, a State Labor Inspector issues (generates) the following acts: 1) citation requiring to: address violation of the RoK Labor Code take preventive measures ensuring compliance with occupational health and safety requirements with regards to production facilities, equipment, and production processes to address hazards of injuries and incidents. suspend (ban) the business activity of specific enterprises, production facilities, workshops, operational units, workplaces, as well as the operation of equipment, machinery payment of salary by the employer Note that Suspension (Ban) Act is effective until launching of civil lawsuit by the court based on claim for suspension (ban) raised in accordance with Subitem 6) of Article 193 of this Code.  2) administrative violation protocol 3) Resolution on discontinuance of proceedings in administrative offence case 4) Resolution on administrative offence case 5) Report of State Labor Inspector

Question 44

What shall be the number of personnel in an organization requiring the employer to establish Health and Safety Group?.

Answer 44

1. In order to exercise internal control over occupational health and safety in production organizations with number of personnel exceeding 50 employees, the employer shall set up Health and Safety Group, which reports directly to the chief executive officer of the organization or his/her designate

Question 45

What type of accident shall be recorded as an incident related to employee’s job (job-related incident)?

Answer 45

  2. Health damage of employee’s/seconded employee’s related to performance of job duties that caused disability or death shall be recorded as incidents related to employee’s job (job-related incidents) if it happened: 1) before and after working hours while preparing or putting in order workplace, work tools and personal protective equipment as well as during other actions   2) during work hours at workplace, during travelling, if an employee’s/seconded employee’s job requires to move between serviced facilities including assignments of the employer/hosting party and during business trips required to perform job duties.  3) on the way to/way back from workplace in transport provided by the employer/host party 4) when using own transport if its use for business purposes was approved by the employer/host party in writing 5) when making actions on employees’ own initiative in the interests of the employer/host party 6) during transportation of rotational personnel from pickup points (rotational camps) to workplace or back using transport provided by the employer/host party

Question 46

What type of accident shall NOT be recorded as an incident related to employee’s job (job-related incident)?

Answer 46

3. Health damage of employee’s/seconded employee’s related to performance of job duties shall not be recorded as incidents related to employee’s job (job-related incidents) if during their investigation it was objectively established that: 1) if the injured, by their own initiative, was performing works or other actions out of the functional duties and not associated with the interests of Employer, or performing it during the off-time (with rotational work method), in between the work shifts, or during the rest & lunch time 2) if the incident happened while the employee was under the influence of alcohol, drugs, or toxic substance influence (similar substances) 3) if the incident occurred as a result of deliberate (intentional) self-harm or commitment of a criminal offence by the injured person 4) if the incident occurred due to sudden deterioration of health of the injured person not associated with any exposure to harmful and (or) hazardous industrial factors, as confirmed by a medical statement

Question 47

Who is responsible for initiating an investigation, and documenting and recording of occupational injuries/diseases?

Answer 47

6. The employer shall bear the responsibility for initiating an investigations and documenting and recording of occupational incidents/diseases.

Question 48

What are the employer’s obligations in terms of investigating job-related incidents?

Answer 48

1. Employer must: 1) render First Aid to the victim at the scene and arrange transportation of the victim to a healthcare unit, if necessary 2) before investigation of a job-related incident starts, keep the scene as is (state of equipment and machinery, tools and instruments), the way it was when the incident took place, given it does not pose any hazard to health and life of other people, and the production process being interfered will not lead to an emergency; take photos of the scene  3) immediately notify the family of the victim and send a notification to the relevant governmental agencies and organizations, as defined by the Labor Code and other regulatory and legislative acts 4) provide access to members of special Investigation committee to the incident scene for investigation of job-related incident

Question 49

What particular accidents will require a special investigation?

Answer 49

3. Special investigation is required in case of: 1) job-related incident resulting in a severe injury or a fatality 2) multiple injuries involving two or more employees, regardless of the injury severity degree 3) multiple cases of acute intoxication

Question 50

Do the insurance company representatives contracted by employer/injured employee have the right to be involved in the investigation committee? . 

Answer 50

7. Insurance company representative has the right to be involved in the investigation committee if the insurance company has contractual relationship with the Employer or the injured employee

Question 51

How long can an incident investigation be extended through the protocol decision of the committee?  

Answer 51

If there are circumstances that objectively do not allow to complete job-related incident investigation within the established period, then the investigation period can be extended for 10 days, which can be done twice only and shall be based on a protocol resolution.  

Question 52

What is the ultimate period for completion of investigation of a job-related incident? .

Answer 52

1. Period of job-related incident investigation should not exceed 10 workdays from the date of establishing the investigation committee

Question 53

What shall the investigation committee be guided by in classifying an accident as an incident related to employee’s job (job-related incident), or as an incident not related to employee’s job? 

Answer 53

5. Based on the evidence and documents gathered, the committee shall identify the circumstances and causes of incident related to employee’s job (job-related incident), establish if incident is related to the employer’s production activity and if an injured person was at the incident site because of his/her job duties, classify if an accident is related to employees’ job or not, identify persons who allowed violation occupational health and safety requirements to happen and specify actions for elimination of causes and prevention of re-occurrence of job-related incidents.

Question 54

What document shall serve the basis for initiating investigation of a job-related incident resulting from a motor-vehicle crash (MVC)?

Answer 54

7. Investigation of Job-related incidents resulted from a motor-vehicle crash shall be based on investigation materials from the authorized traffic-safety agency.

Question 55

Who shall resolve disputes arising from investigating, documenting, and recording job-related incidents?

Answer 55

4. Disputes arising from investigating, documenting, and recording job-related incidents are resolved by: 1) state labor inspector or court if employer and employee disagree 2) relevant superior state labor inspector or court in case of dispute between employee, employer and lower-level state labor inspector or state industrial safety inspector if the event happened at hazardous production facilities. Decision of state labor inspector regarding investigation of job-related incidents is documented in the format of resolution established by authorized state labor agency. 

Question 56

What is the period after completing an incident investigation, within which the injured or his/her representative will receive a copy of the incident investigation act?

Answer 56

9. Within 3 workdays after the investigation is complete, one copy of the incident investigation act shall be provided to the injured or his/her representative, it shall also be sent to: 1) insurance organization contracted to provide insurance coverage of employee in case of job-related incidents   2) local labor inspection agency, both hardcopy and softcopy 3) state agency of sanitary and epidemiolocal welfare of the population in case of intoxication

Question 57

Shall injured persons/their representatives have the right to familiarize themselves with all the relevant investigation materials of the job-related injury, and obtain extracts from it as needed? .

Answer 57

11. Injured person or his/her representative shall have the right to familiarize themselves with all the relevant investigation materials of the job-related injury and obtain extracts from it as needed

Question 58

How long shall investigation materials for a job-related incident be retained by the relevant organization (employer)? 

Answer 58

  13. Materials of job-related incident investigation shall be retained by organization (employer) for forty five years. In case of dissolution of the organization, the incident investigation materials must be transferred to a local state archive at the place of organization’s activity.

Question 59

Give the right definition for “incident”

Answer 59

Destruction of buildings and structures, and (or) technical devices; an uncontrolled explosion, and (or) release of hazardous substances

Question 60

Give the right definition for “hazardous industrial factor

Answer 60

”. A physical phenomenon which occurs during an incident, process upset at hazardous industrial facilities and social infrastructure facilities, and which inflicts damage (harm) on persons, legal entities, or the environment

Question 61

Give the right definition for “hazardous technical device

Answer 61

”. Technical devices working under pressure exceeding 0.07 megapascals or at temperature of water exceeding 115 C, lifting equipment, escalators, funiculars, elevators, travelators, stair lifts for disabled people and drilling and workover rigs drilling below 200 meters, mine hoists, mobile magazines for explosives and explosive-based products, mixing and charging trucks, mobile and stationary units for manufacturing explosives and explosive-based products operated at hazardous industrial facilities supervised by authorized industrial safety agencies. steam and water boilers working under pressure exceeding 0,07 megapascals and (or) at temperature of water exceeding 115 C (heat supply organizations), vessels under pressure exceeding 0,07 megapascals, lifting equipment, escalators, cableways, funiculars, elevators, travelators, stair lifts for disabled people at the facilities of social infrastructure supervised by the local executive authorities.

Question 62

Give the right definition for “process upset

Answer 62

”. Failure or damage of technical devices, used at hazardous industrial facility, or deviation from the parameters that ensure process safety without leading to an incident.

Question 63

Give the right definition for “industrial safety”.

Answer 63

The condition of being protected from occupational hazard impact for persons and legal entities, as well as the environment.

Question 64

Give the right definition for “fire”

Answer 64

An uncontrolled burning, which can pose a threat to life and health, inflict a material damage on physical person or legal entity, or infringe the interests of the community and the state

Question 65

Give the right definition for “man-made disaster

Answer 65

” 65) Emergency situations caused by harmful effects of hazardous industrial factors, transportation and other incidents, fires (explosions), incidents involving release (air-emissions risk) of high-potent poisonous, radioactive and biologically hazardous substances, a sudden collapse of buildings and structures, dam failures, incidents at power supply and communication systems of life sustenance, at waste treatment facilities.

Question 66

Who shall bear all the expenses associated with investigation of an emergency situation?

Answer 66

All expenses associated with investigation of an accident shall be borne a company operating the relevant hazardous production facility.

Question 67

How often shall employees’ occupational health & safety training and knowledge test be conducted?

Answer 67

3. Employees’ occupational health and safety training and knowledge test shall be conducted at least once a year.

Question 68

What time period is allowed for the new employees to undergo the general labor safety knowledge testing?

Answer 68

4. New employees and employees being transferred to another job shall complete occupational health and safety training followed by knowledge testing at the date established by employer but it shall be completed within month from the date employment agreement was signed or date of transfer to another job.

Question 69

When shall a re-test be scheduled for the employee who failed the occupational health and safety knowledge test for the first time? What actions are applied to the employee who failed the knowledge test?

Answer 69

18. If employee fails a test, a re-testing shall be scheduled for not later than one month after the first test. Employee completes another training and gets suspended from work as per procedure established by Article 48, Item 2, Sub-item 2).

Question 70

When shall a re-test be scheduled for the employee who failed the occupational health and safety knowledge test for the first time? What actions are applied to the employee who failed the knowledge test?

Answer 70

18. If employee fails a test, a re-testing shall be scheduled for not later than one month after the first test. Employee completes another training and gets suspended from work as per procedure established by Article 48, Item 2, Sub-item 2).

Question 71

When will an extra knowledge test be required for the employees responsible for occupational health and safety?

Answer 71

1) if new health and safety regulations have been intorduced or if they have been amended 2) when new equipment is being put in operation, or new process is being introduced and the employer decides that the extra test is required 3) when a health & safety responsible individual has been moved to another job or appointed to another position requiring a higher level of occupational health and safety, and labor protection expertise   4) if so was decided by an incident investigation committee, in case of incidents involving a group of employees, fatalities or severe injuries (leading to disability) and accidents, explosion, fire  or poisoning; 5) if individual has interrupted his/her career for more than one year.

Question 72

When shall employees be notified of the upcoming occupational health and safety knowledge test & certification??

Answer 72

6. Employees who need to be tested for knowledge of occupational health and safety shall be notified by employer no later than one months prior to the event. 

Question 73

What type of occupational health & safety orientation is required to be taken by all temporary and seconded employees, trainees and interns?  

Answer 73

41. Safety induction is when employees are being hired regardless of their education, work experience in their job or position. Safety induction and initial safety orientation at workplace are conducted for all temporary and seconded employees, trainees and interns to ensure occupational health. Safety induction is also conducted for visitors when they need to go to work sites or contactors’ employees who work at hazardous production facilities.

Question 74

When is extra safety orientation required to be taken?

Answer 74

51. Extra safety orientation shall be taken: 1) when introducing new or revised occupational health and safety standards, regulations and instructions  2) with changes in the current production process, replacement/modification of equipment, tools, devices, feed stock, materials and other factors influencing safe work conditions 3) in the event of violation of safety instructions or requirements by an employee, which will lead/ has already led to an injury, incident, explosion, fire or intoxication 4) upon request from the relevant regulatory agencies

Question 75

When is a task-specific safety induction required to be conducted?

Answer 75

53. Task-specific safety briefing shall be conducted prior to employees’ one-time assignments, not being part of their regular responsibilities (loading, unloading, housekeeping, one-time job outside the company, its facilities, units and workshops), if the employees perform remediation activities after an emergency, natural disaster and or large-scale accident, and when performing work that require PTW.

Question 76

Upon completion by an employee, where shall initial, refresher, extra and task-specific safety orientation/induction training records be logged?

Answer 76

56. Records about of initial, refresher, extra, task-specific safety orientation/briefing as well as authorizations for work are made by the person who conducted them in Workplace Safety Briefing Logbook made in the format as described in Appendix 5 to these Rules and then a trainer and a trainee must sign in the Logbook.

Question 77

Can the court absolve individuals from having to compensate for damages they inflicted upon another individual, while attempting to eliminate hazards threatening themselves or others?

Answer 77

Damages inflicted in the conditions of extreme necessary, i.e., to eliminate hazards threatening themselves of others if the hazard could not be eliminated any other way in those circumstances shall be compensated by the person who inflicted the damage. Given the circumstances under which the damage (harm) was inflicted, the court can lay the liability to compensate a third party, in the interests of whom the wrongdoer was acting, otherwise, both on the third party and the wrongdoer accordingly, and can release both the third party and wrongdoer from the liability to compensate for, in full, or in part

Question 78

Shall the amount of damage compensation paid to citizens for health damage or death of the victim be subject to indexation?

Answer 78

Amount of damage compensation paid to citizens for health damage or death of the victim, shall be subject to increase on an annual basis in proportion to the average value of the forecasted inflation rate. In what form shall a moral damage be compensated for? Moral damage shall be compensated in cash.

Question 79

Who is responsible for handling and care of personal protective equipment and collective safety equipment?

Answer 79

17. Employer shall arrange proper care for personal protective equipment and collective safety equipment, ensure timely preventive treatment, maintenance, and repair of personal and collective protective equipment.

Question 80

What document determines the order and conditions for providing with sanitary and domestic facilities and premises?

Answer 80

26. Order and conditions of provision with change rooms, shower rooms, bathrooms, medical treatment and prophylactic means, first aid kits, toilets, semi-shower locations, drinking water supply arrangements, warming and cooling premises, facilities for treatment, storage and distribution of coveralls and other additional sanitary facilities and amenities and arrangements, shall be determined by collective agreement or employer’s act.

Question 81

What document determines the order and conditions for providing with sanitary and domestic facilities and premises?

Answer 81

26. Order and conditions of provision with change rooms, shower rooms, bathrooms, medical treatment and prophylactic means, first aid kits, toilets, semi-shower locations, drinking water supply arrangements, warming and cooling premises, facilities for treatment, storage and distribution of coveralls and other additional sanitary facilities and amenities and arrangements, shall be determined by collective agreement or employer’s act.

Question 82

What are the requirements for personal protective equipment (PPE)?

Answer 82

15. Personal protective equipment must be certified, must be comfortable to wear and must not encumber movements, must be selected on an individual basis to fit the size of each user.

Question 83

When shall personal protective equipment (PPE) be distributed to employees?

Answer 83

13. Personal protective equipment shall be distributed at hiring / transfer of an employee to another job or due to expired service life of their current PPE.

Question 84

Choose the right definition for “personal protective equipment

Answer 84

” 2) Personal Protective Equipment – is equipment, including special garment, designed to protect employees from exposure to harmful and hazardous industrial factors