On 26 January 2023, the Resolution of the Cabinet of Ministers of Ukraine "On Amendments to the Procedure for Investigation and Recording of Accidents, Occupational Diseases and Industrial Accidents" No. 59, dated 20 January 2023, (the "Resolution") came into effect. The Resolution, among other things, establishes the procedure for the timely and thorough investigation of workplace accidents caused by the military aggression of the russian federation against Ukraine.
Key changes
Accidents that occur to employees and/or to contractors or other workers in result of military hostilities are subject to special investigation, regardless of the severity of the injury (damage to health). Such accidents are investigated at the location (jurisdiction) of their occurrence.
Upon receiving information about an accident, the employer is obliged to report the accident to the relevant authorities in writing or by email within one day.
Investigations of accidents that have caused severe consequences are conducted by the employer's commission without a corresponding written order from the territorial body of the State Labour Service. If the employer is unable to form a commission and to ensure that the accident is investigated, the obligation to conduct such an investigation is imposed on the territorial body of the State Labour Service at the place of the accident or at the location of the relevant enterprise.
In the event of a group accident resulting in the death of two to four persons, the investigation is conducted by a special commission established by the relevant territorial body of the State Labour Service, and in the event of the death of five or more persons or injuries to 10 or more persons, by a special commission formed by the State Labour Service.
The special accident investigation commission consists of three members, namely the following:
- An official of the territorial body of the State Labour Service (chair of the commission);
- A representative of the territorial body of the Pension Fund of Ukraine
- A representative of the military administration
Meetings of the special commission may be held remotely via conference calls; the meeting protocols, acts, or other documents may be signed by the members of the commission, and approved by the employer or the head of the body that formed the (special) commission, by applying a qualified electronic signature.
If the special commission does not have access to the incident location due to hostilities or its temporary occupation, or if there is a threat of a human-caused or environmental disaster, the protocol of inspection of the place where the accident has occurred may be made based on a certificate drawn up by the employer in any form.
If it is impossible to form a commission and to conduct an investigation (special investigation) due to a threat to the life and health of the commission members, the employer and the relevant territorial body of the State Labour Service should collect, record, and systematize all available information about the accident that is received (or becomes known subsequently) for the purpose of its investigation later.
In the event of a threat to the life and health of the members of the commission (special commission) during the accident investigation, the investigation may be suspended by order of the employer, the State Labour Service or its territorial body that formed the commission. We recommend that employers take into account the above legislative changes.
By Lina Nemchenko, Partner, Mariana Marchuk, Counsel, Baker McKenzie