In Ukraine will be new ways to investigate accidents, work-related
Hundreds of incidents of poisoning purchased at the kiosk Shawarma to an accident on the way to a meeting – will be investigated under the new procedures, which have been established by the Cabinet of Ministers of Ukraine in the updated last week, “the Procedure of investigation and accounting of accidents, occupational diseases and other incidents related to professional activities.”
Experts praised the document is ambiguous: the text, in their opinion, contains a number of important improvements, but also several disadvantages. Key changes in Order that you should pay attention to are:
1. The order extended to all kinds of “hidden” employment.
Now any accidents, including traffic accidents, can be associated with professional employment, even if in such cases by physical persons-entrepreneurs (FLP), the persons, which concluded a civil contract in any other shape, except for labor. And those who carry out independent professional activities, etc.
As specified in the social insurance Fund, the new order extends the rules of investigation of accidents, diseases and poisoning even the employees who were allowed to work without a contract. Such cases are subject to special investigation by the Commission of Public service of Ukraine on labour.
2. Officers will check for alcohol or drugs.
The Order included the obligatory inspection of employees on the presence in the body of the victim alcohol, drugs, toxic or poisonous substances in the investigation of accidents in the workplace. According to Vice-President of the Confederation of employers of Ukraine Alexey Miroshnichenko, before it was optional, so is often not carried out.
Even if a survey shows that the employee was acting in a state of alcoholic intoxication, under the new rules, the accident would still be considered insurance if the employee was not suspended by the employer from the performance of work. So the responsibility for compliance with the “prohibition” is still partially lies with the employers.
Cases are known, when the lost production worker poured into the body alcohol, to avoid investigations and responsibility.
3. Introduced the Statute of limitations.
The investigation of an accident or illness are now possible only within three years from the date of the incident. The previous order does not limit the right of the victim or his family members to Lodge complaints to the competent authorities and ask them to investigate the accident.
In addition, changing the timing. For example, a special investigation of the accident now must be held within 15 working days, the employer must complete the prerequisite for the execution of the instruction within 10 working days. In the old order terms were not considered working days and calendar, and was 10 and 5 days respectively.
4. Part of the responsibility with the employer is removed, the part is added.
The procedure no longer mentions the ability of the owner of the company to provide financial assistance to the victim or his family, which has been specified in the previous order as voluntary. The employer is not obliged to compensate the costs for the delivery and identification of the body of the deceased employee.
Thus, as the head of the Department of labour protection, Federation of trade unions of Ukraine Valentyn, Matiasko, expanded the notion of when an accident with the production.
“If the employee has performed the action in the interests and on behalf of the employer, even if it does not belong to his responsibilities, the case will be considered production related. For example, if the employee participates in sports events or in mass rallies that were organized by the employer, or going somewhere on his behalf”, explained the expert.
Updated the Procedure of investigation and accounting of accidents at work and occupational diseases shall enter into force on 1 June 2019.
Recall that wages in Ukraine may reach the level of the European Union.
We also wrote that the wages in Ukraine will grow.
Even politeka reported that wages soared from 5 thousand UAH fortunate.