Decree of the Slovak Office of Labour Safety and Slovak Mining Office No. 111 / 1975 Coll.
Decree of the Slovak Labour Safety Authority and the Slovak Mining Authority on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment failures
Valid
Effective from 01.01.1976
111
DECLARATION
Slovak Office of Labour Security and Slovak Mining Office
of 1 October 1975
on the registration and registration of accidents at work and the reporting of accidents at work (accidents) and technical equipment failures
The effective fight against accidents at work requires organisations to identify and continuously monitor sources, causes, frequency and severity of accidents at work. These basic data on the accident course will enable the necessary analyses to be carried out on the state and development of the accident at work, to determine specific measures to address its causes and to create conditions for its reduction. A similar objective is to report traffic accidents (accidents) and technical equipment failures.
Therefore, the Slovak Labour Safety Authority pursuant to § 5 (1) (d) of Act No. 174 / 1968 Coll., on State Professional Safety Supervision, and the Slovak Mining Authority pursuant to § 57 (1) (d) of Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Upper Law), and under § 10 (b) of the Slovak National Council Act No. 42 / 1972 Coll., on the organisation and extension of supervision of the State Mining Administration, provides in an agreement with the Slovak Trade Union Council and other bodies:
Registration and registration of accidents at work
Scope
Registration and registration under the provisions of this Order shall be subject to accidents at work.
(a) workers of all organisations and establishments (hereinafter referred to as "organisations"), provided they have a working, teaching or similar relationship;
(b) members of single agricultural cooperatives, production cooperatives and members and other persons working in cooperative organisations;
(c) pupils and students in production practices or work in organisations, carried out according to curriculum and curriculum;
(d) Members and officials of the representative corps and other members of their bodies and officials of social and interest organisations in direct connection with the performance of their duties;
(e) members of military departments and other armed corps, when working in organisations;
(f) persons in prison and persons in custody, if they are assigned to work in organisations or in the correctional institutions or, where appropriate, in the institutions in which the detention is carried out;
(g) citizens with altered working capacity in the preparation for occupation, dependants and residents of social care institutions over 15 years of age in the work and persons treated with work in health care institutions;
(h) citizens working in organisations on the basis of non-employment employment agreements
(hereinafter referred to as "the workers').
Work accident
(1) An accident at work shall be regarded as any damage to health or death caused to the worker, irrespective of his or her will, by the short, sudden and violent action of external influences in the performance of his or her duties or in direct connection with him or her .1)
(2) For the purposes of this decree, an accident which has been suffered by a worker at the workplace or at the premises of an organisation in an activity which is not related to the performance of work, or by another person who, with the knowledge of the organisation, is present at its premises or in premises which are not otherwise accessible to the public, shall be regarded as an accident at work referred to in paragraph 1.
(3) An accident at work is not an accident that occurred to the worker on the way to work and return. 2)
Registration and registration of accidents at work
(1) Registration shall be subject to accidents at work resulting in death or incapacity for work lasting at least one day from the day on which the accident occurred.
(2) The registration of an accident at work shall be understood as operations which the organisation is obliged to carry out where the accident referred to in paragraph 1 arises, namely:
(a) a responsible and reliable identification of the causes and any other circumstances of the accident at work;
(b) drawing up an alert on an accident at work in accordance with the result of the findings made pursuant to (a);
(c) the implementation of the necessary measures against the recurrence of similar accidents at work.
(3) Organisations are required to keep records of accidents at work subject to registration. (3)
(4) The organisation shall keep records of accidents at work which have not been caused by incapacity for work or have been caused by incapacity for work for less than one day, so that they can be used as a basis for the implementation of the necessary measures and for the recording of accidents at a later date if the consequences of the accident are manifested. Workers shall report these accidents to their nearest superior. The organisation shall be required to treat accidents subject to registration if, at a later stage, an incapacity for work resulting from such an accident is more than one day.
Types of accidents at work
(1) Accidents at work are divided into fatal, severe, mass and other accidents according to severity.
(2) Within the meaning of paragraph 1,
(a) for a fatal each accident at work which caused the worker to die immediately or at any time thereafter, if the death occurred according to a medical opinion as a result of that accident at work;
(b) for severe any work injury resulting in the loss of an organ (anatomical or functional) or a substantial part thereof or such damage to health, including industrial poisoning, which the doctor has identified as severe, such as loss of eye, hearing, complicated fracture, abortion, rupture of the lungs, heart injury, concussion associated with the unconscious, rupture or crushing of the kidney, liver rupture, spleen, burns of a greater extent of grade II and III;
(c) for a mass accident at work, where at least three persons, at least one hard or fatal, or more than ten persons have been injured at the same event;
(d) for other accidents at work not referred to in (a) to (c).
Reporting of accidents at work
(1) The disabled, if he is able to do so, or any other worker who witnesses or becomes aware of an accident at work, shall immediately inform the master or other worker who is the nearest superior of the disabled.
(2) As soon as the nearest superior becomes aware of an accident at work subject to registration, he shall immediately report the accident
(a) management of the organisation;
(b) to the ROH racing committee or, where appropriate, to the delegated body of the basic organisation of the ROH or the Labour Safety Commission, if it is a single agricultural cooperative or a committee responsible for the management of members, if it is a production cooperative.
(3) Organisations shall report the accident by telephone, telegraph or other appropriate means immediately upon receipt of the report on the accident at work.
(a) to the competent Public Security Service, if they indicate that a criminal offence has been committed in connection with an accident at work;
(b) to the competent authority of the health service, if it is industrial poisoning;
(c) to the competent district mining office, 4) where specific rules so provide.
(4) Upon receipt of a report on a fatal, severe or mass accident, the organisation shall immediately report the accident in the manner referred to in paragraph 3, except for the authorities referred to therein, or
(a) to the competent labour safety inspector, (5) to the workplace subject to his supervision;
(b) the competent district mining office, if the place of work under its supervision and if the accident has not already been reported in accordance with paragraph 3 (c),
(c) Federal ministries of National Defence, Interior, Transport, Communications, the Ministry of Interior of the SSR and the Ministry of Justice of the SSR, if there is an accident at work in connection with technical installations or in selected objects subject to specific rules of supervision by their authorities;
(d) the relevant regional or local authorities' committee, the collective labour injury also of the relevant regional trade union council, (6) or the competent regional committee of the SSR cooperative farmers' association, if it is a single agricultural cooperative or the Slovak cooperative association, if it is a production cooperative or the Slovak association of housing cooperatives, if it is an association of housing cooperatives;
(e) the competent public security service, unless the accident has already been reported under paragraph 3 (a);
(f) to their superior bodies, if not already in accordance with (c) and (d).
(5) If the worker dies at any time later on from an accident at work, the organisation shall, as soon as they have become aware of the death, subsequently report in writing the death caused by the accident at work to the authorities referred to in paragraph 2 (b) and paragraph 4; the same shall apply where it subsequently becomes clear that there is a severe or mass accident at work.
Detection and investigation of the causes of accidents at work subject to registration
(1) Organisations are required to establish the cause, causality and all other circumstances of the accident at work and to draw up a record of the accident at least two days after the occurrence of the accident at work (hereinafter referred to as "accident record") immediately after the notification of the accident at work subject to registration. The disabled and other workers who have witnessed an accident at work are obliged to cooperate effectively.
(2) In order to establish the causes and record of the accident referred to in paragraph 1, the organisation shall invite the master or other immediately superior worker and the competent health and safety inspector at the work of the basic organisation of the Revolutionary Trade Union Movement, in the single agricultural cooperatives, to invite an authorised member of the Labour Safety Commission, in the production cooperatives designated by the member of the committee responsible for the exercise of the care of the members, and shall include a representative of the relevant department or constitutional establishment, as well as the staff referred to in § 1 (e) to (g).
(3) Organisations shall lay down and implement the necessary measures against repeated accidents at work, determine the time limits to comply with these measures and the means of monitoring them. They shall inform the officials referred to in paragraph 2 of the implementation of the measures provided for and, if there are fatal, severe or mass accidents at work, the competent labour safety inspector or the district mining office concerned, if they are subject to their supervision at the workplace.
(4) The staff of the Labour Safety Inspectorate shall investigate the causes of fatalities and mass accidents at work and, where appropriate, shall participate in the investigation of such accidents by members of Public Security. 7) The investigation is also attended by health and safety inspectors at the work of senior trade unions, 8) if it is a single agricultural cooperative, cooperative social control inspectors at work in JZD, 9) if it is a production cooperative, cooperative social control inspectors at work safety. 10) The scope and manner of such participation shall be laid down in specific provisions. 11)
(5) The causes of fatal, severe and mass accidents at workplaces subject to the supervision of the authorities referred to in Article 5 (4) (b) or in relation to technical installations or in selected premises which are subject to the supervision of the authorities referred to in Article 5 (4) (c) shall be investigated by those authorities in accordance with specific rules. The provisions of paragraphs 1 to 3 shall remain unaffected.
(6) In the event of a fatal or mass accident at work, organisations shall:
(a) implement measures to prevent further possible threats to the life and health of workers;
(b) ensure that the place of the accident at work remains in its original state until the authorities of inquiry arrive.
(7) Changes in the original situation at the site of fatal or mass accidents at work shall be permitted until the arrival of the investigating authorities, only if it is to rescue the affected persons, or if it is to do other rescue work, or if traffic safety so requires. In such cases, a sketch shall be drawn up indicating the original situation and the changes made and, where appropriate, a photograph shall be taken of the place (s) of the original situation. A sketch and photographs shall be made under the responsibility of the official who gave the order or consent to make the changes.
(8) The organisations shall be obliged to enable the staff referred to in paragraphs 2 to 5 to carry out their tasks and to provide them with all assistance.
Submission of records of accidents at work
(1) Organisations are required to send mass copies of accident records for the previous calendar month by the fifth day of the following month
(a) the competent labour safety inspector, in the case of posts under his supervision;
(b) to the competent district mining office, if the post is subject to its supervision;
(c) the Slovak Mining Authority, if it is an accident at work caused by the use of explosions, including at workplaces subject to supervision by the Labour Safety Inspectorate; this is without prejudice to the obligation under points (a) and (b);
(d) Federal ministries of National Defence, Interior, Transport, Communications, the Ministry of Interior of the SSR and the Ministry of Justice of the SSR, in respect of accidents at work in connection with technical installations or in selected objects subject to specific supervision by their authorities;
(e) to the competent national health district. 12)
(2) Organisations are required to submit a copy of the alert of an accident to the affected and, if there is a fatal accident at work, to the survivors.
(3) If there is a fatal, severe or mass accident at work, the organisation shall send a copy of the accident record no later than two days after its notification and a record of the result of the determination of the causes of the accident no later than 30 days after the date of the accident at work, except for the authorities referred to in paragraph 1, or
(a) to the relevant regional or local authority of the trade union and, if there is a mass accident at work, also to the Slovak trade union council or to the competent regional committee of the Association of Cooperative Farmers of the SSR, if it is a single agricultural cooperative, or the Slovak Association of Production Cooperatives, if it is a production cooperative, or the Slovak Association of Housing Cooperatives, if it is an organisation of housing cooperatives,
(b) the competent district department of the Slovak Statistical Office,
(c) to the competent district attorney,
(d) to their superior bodies, if this has not already been the case under (a) or (d) of paragraph 1.
Registration of a worker's accident at work of another organisation
(1) Where an occupational accident subject to registration by a worker in an organisation other than that in which he is at work or in a similar proportion, he shall declare the cause of the accident, establish the cause of the accident and record it of the organisation in which the accident occurred and send it in the necessary number of copies within two days of the date on which he became aware of the accident to the organisation with which the worker is working or similar. The same shall apply to the workers referred to in § 1 (b) to (g). An organisation in which an accident at work has occurred shall implement the measure provided for in Article 6 (3) if it has caused the accident itself. Further measures under this decree shall be carried out by an organisation with which the worker is working or similar. The same shall apply to accidents at work of other persons referred to in Paragraph 2 (2).
(2) If there is a fatal, severe or mass accident at work, it fulfils the obligations laid down in Article 5 (4) of the organisation in which the accident occurred. It shall immediately inform, by telephone, telegraph or other appropriate means, of such accidents, the organisation of which the worker is in working or similar proportions; the organisation shall participate, as appropriate, in the identification of the causes of the accident at work.
(3) Where a worker of a seconded group who has a designated manager has a registered accident suffers from an accident at work, he shall declare the cause of the accident and record it in cooperation with the organisation in which the accident occurred. Otherwise, the procedure laid down in paragraph 1 shall be followed.
(4) If a registered worker of a group sent to work outside the territory of the Czechoslovak Socialist Republic suffers from an accident at work, he shall report the accident at work, establish the cause of the accident and record it as a group leader. If an accident at work of the head of the seconded group is present, those duties shall be fulfilled by the designated representative of the manager or, where appropriate, by another member of the group. Other measures under this decree shall be carried out by the organisation which sent the worker to work abroad; If the worker has been made available to work abroad by an organisation which is in contractual relationship with a foreign trade organisation, the releasing organisation shall do so in cooperation with that foreign trade organisation.
(5) The obligations arising from this Order in respect of an accident at work shall be carried out by an organisation which carries out the education of the apprentice at the time of the accident at work.
Reporting of operational accidents (accidents) and technical equipment failures, detection and investigation of their causes
(1) An operational accident (accident) means an event which has been seriously threatened by the lives and health of persons, or by the operation or, where appropriate, by the development of an organisation, or which has been caused by damage likely to exceed 100 000, - Kčs.
(2) Disorder of technical equipment means damage to technical equipment which has caused the cessation or limitation of its operation and damage caused by it probably exceeds 20 000, - Ccs but not 100 000, - Ccs.
(3) Organisations shall immediately notify the authorities referred to in Article 5 (2) (b) and (4) by telephone, telegraphic or other appropriate means of notification to the authorities referred to in Article 5 (2) (b) and Article 5 (4) (a) to (c) and (f). This is without prejudice to the obligation to report other exceptional operational events to the authorities referred to in Article 5 (4) (b) and (c) under specific rules.
(4) The causes of accidents or technical equipment failures are identified by the organisations with the participation of the officials referred to in Article 6 (2). It shall inform the authorities referred to in paragraph 3 in writing of the outcome within two days. The organisation shall immediately notify the competent Public Security Service if it indicates that an offence has been committed in connection with a technical equipment malfunction. In other cases, it shall be treated mutatis mutandis in accordance with § 6 (3) to (8).
(5) The reporting and investigation of traffic accidents (accidents) and technical equipment failures subject to the supervision of the authorities referred to in Article 5 (4) (b) and (c) are governed by specific rules.
Common and final provisions
Organisations are required to keep the documents referred to in Sections 6 to 9 for five years following the year in which the accident at work, the accident (accident) or the failure of the technical equipment.
The management of the organisations at all stages of the proceedings shall be responsible for compliance with the provisions of this Order in the scope of their functions. Failure to fulfil its obligations shall be subject to penalty in accordance with the relevant provisions. 13)
(1) The provisions of this Decree apply mutatis mutandis to separate operators and individual users of technical equipment. 14)
(2) The provisions of Sections 9 and 10 do not apply to accidents within the meaning of special regulations in rail, aviation, shipping and road transport15) and to fires.
(1) The competent authority referred to in this Order shall be the competent authority according to the place of the accident at work or, where applicable, the accident (s) or technical equipment malfunction.
(2) If there is an accident at work outside the territory of the Czechoslovak Socialist Republic (§ 8 (4)), the competent authority within the meaning of § 5 (3) and (4) and § 7 (1) and (3) shall be the authority within whose jurisdiction the organisation is situated.
The Decree of the Slovak Labour Safety Authority and the Slovak Mining Authority No. 182 / 1969 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment disorders is hereby repealed.
This Decree shall take effect on 1 January 1976.
Chairman of the Slovak Mining Office:
Ing. Baran v. r.
Deputy Director of Slovak Labour Safety Authority:
Ing. Macháč v. r.
1) Paragraph 41 of the Decree of the Government of the CSSR No. 54 / 1975 Coll., implementing the Labour Code.
2) § 42 of the Government Order No. 54 / 1975 Coll., implementing the Labour Code.
3) The modification and content of the evidence of accidents at work, their records, etc., as well as other issues related to the statistics of accidents at work, shall be determined by the Federal Statistical Office in agreement with the Slovak Labour Safety Authority, the Slovak Mining Office and the Central Council of Trade Unions according to the relevant regulations.
4) Decree No. 43 / 1972 Coll., determining the circumference of the Circular Mining Offices.
5) Decree No. 36 / 1970 Coll., on the establishment of labour safety inspectors.
6) Directive No. 124 / 1973 Coll., Part III, point 3 of the Central Council of Trade Unions on the status and tasks of ROH bodies in the care of safety and health at work. Single information system in ROH (approved by the Bureau's Resolution of 11.7.1973 - Rapporteur ROH No 7 / 1973, supplemented by the Secretariat of the Bureau of 12.5.1975 - Rapporteur ROH No 5 / 1975).
7) Act No. 40 / 1974 Coll., on the National Security Corps.
8) Directive No 124 / 1973 Coll.
9) Resolution No 1575 / 1974 of the Central Committee of the Union of Cooperative Farmers of the SSR of 4.9.1974.
10) Order of the Board of Directors of the Slovak Association of Production Cooperatives No 339 of 29.10.1974 (SSVD No 21 / 74).
11) Act No. 141 / 1961 Coll., on Criminal Procedure of the Court (Criminal Code), as amended (complete version No. 148 / 1973 Coll.).
12) The obligations of the organisation imposed by Section 10 of Act No. 33 / 1965 Coll., on Regression Refunds, and Section 13 of Decree No. 34 / 1905 Coll., implementing the Act on Regression Refunds, are without prejudice to this.
13) § 6 (1), § 17 (2) (a) and (b), § 20 (2) and § 29 of Act No. 60 / 1961 Coll., on the tasks of national committees in ensuring socialist order, as amended. § 6 (2) of Act No. 174 / 1968 Coll., on State Professional Labour Safety Supervision. Paragraph 47 (1) (b) of Act No. 41 / 1957 Coll. (upper law). Article 6 (1) (e) and (f) of SNR Act No. 42 / 1972 Coll., on the organisation and extension of supervision of the State Mining Administration.
14) These are in particular persons who have been authorised to pursue a self-employed activity and self-employed farmers.
15) Paragraph 16 (1) (g) of Decree No. 52 / 1964 Coll., implementing the Railway Act, as amended by Decree No. 132 / 1969 Coll. Directive on the coordination and synergy of transport, safety and prosecution bodies in railway accidents (reg. 12 / 1973 Coll.). § 45 Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act). Regulation of the Federal Ministry of Transport on expert investigation into the causes of accidents (reg. 14 / 1975 Coll.). Directive on the coordination of the procedure and synergies of transport authorities, safety and prosecution in air accidents, published in the Transport Bulletin No 15 / 1975. Section 18 of Act No. 26 / 1964 Coll., on Inland Navigation. § 21 to 26 of Decree No. 137 / 1974 Coll., on Inland Navigation. § 3 (c) of Decree No. 54 / 1953 Coll., on road traffic.
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Regulation Information
| Citation | Decree of the Slovak Labour Safety Authority and Slovak Mining Authority No. 111 / 1975 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment failures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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