Accidents at enterprises under martial law. How to act?

According to the data of the Main Directorate of the Pension Fund of Ukraine in Kyiv, only in the first quarter of 2024, 192 industrial accidents occurred in the capital. As a result, 254 people were injured, of which 63 died.

Russia's armed aggression, in turn, increases the number of such victims several times and actualizes the issue of investigating tragic situations involving workers.

We will tell the same in this article, how to act employers and authorized persons of enterprises in the event of accidents resulting from military operations.

The procedure for investigating accidents at enterprises is provided for By the procedure for investigation and accounting of accidents, occupational diseases and accidents at work, approved by Resolution of the Cabinet of Ministers of Ukraine No. 337 of April 17, 2019 (hereinafter referred to as the Order).

On January 20, 2023, changes were made to the Procedure in view of the new realities in Ukraine, in particular, the investigation of accidents during the period of martial law (emergency) was simplified. Such innovations were introduced for the timely and proper protection of injured workers.

Features of the investigation:

1. Accidents that happened to employees during the performance of work duties as a result of hostilities, namely: bombings, rocket and artillery attacks, mining of territories and premises, capture, other illegal actions, mass terrorist acts accompanied by the death of people or the destruction of particularly important objects of life support, etc., subject to special investigation.

At the same time, it does not matter what degree of severity of injuries or health damage the employee received. 

2. Such accidents are under investigationaccording to their place of occurrence.
3. The obligation to check the presence of an injured worker in the body has been abolished alcohol, narcotics and degree of intoxication.

This feature is extremely important, because during hostilities it is almost impossible to conduct such research due to lack of time and lack of proper conditions.

4. The number of mandatory documents to be included in investigation materials has been reduced from 26 until 11;
5. A special commission for the investigation of accidents is formed territorial body of State Laborprovided that the State Labor Service did not make a different decision within one day of receiving notification of the incident - if as a result of an accident at the enterprise from 2 to 4 people died.

If 5 or more people died or 10 or more people were injured, the investigation is conducted by a special commission, formed State Labor.

6. The composition of the special commission should now include not 7 members, but only 3.
7. The legislator also provided for the possibility stopping the started investigation. This is possible on the basis of orderthe employer, the State Labor Service or its territorial body, which formed the commission, if hostilities are being conducted or emergency situations are being eliminated - until the situation is normalized.
8. Situations may arise when, due to hostilities, it is impossible to form a commission to investigate accidents, because there is a threat to the life and health of the members of such a commission.

In this case the employer and the relevant territorial body of the State Labor Service must, to the maximum extent possible, collect, record and systematize information about the accident. This is necessary for the further investigation of the accident after the cessation of military (combat) operations or measures of the legal regime of emergency.

Let's analyze accident investigation stages: 

1. After an accident health care institutionwithin 1 day provides to the territorial body of the State Labor and Pension Fund, to the employer emergency message in paper and/or electronic form about the appeal of the victim.
2. The employer, after receiving information about the accident, is obliged within 1 day submit an accident report in writing or by e-mail:

• territorial body of State Labor;
• territorial body of the Pension Fund of Ukraine;
• military administration (military-civilian administration, local state administration or local self-government body);
• to the primary organization of the trade union, and in the absence of a trade union - to the person authorized by the employees in matters of labor protection;
• the branch trade union body of the highest level, and in its absence - to the territorial trade union at the place of occurrence of the accident.

The notification form is contained in Appendix 2 of the Procedure.

3. For 1 working dayfrom the date of receipt of notification of an accident, the territorial body of the State Labor Service forms a special investigation commission.

It must include:

• an official of the territorial body of the State Labor Service (chairman of the commission);
• representative of the territorial body of the Pension Fund of Ukraine;
• a representative of the military administration (military-civilian administration, local state administration or local self-government body).

4. During the investigation, a special commission:

• conducts commission meetings (in any suitable premises or by conference call), where he distributes functions among commission members and draws up the minutes of the meeting;
• examines the place where the accident occurred and records the information in the report (if there is no access to the territory of the enterprise, such a report is drawn up on the basis of a recording act drawn up by the employer in an arbitrary form);
• if possible, receives explanations from the employer, other employees, and also sends the necessary requests;
• determines the type of event and causes of the accident;
• if necessary, engages military experts or other experts to prepare conclusions on the causes and circumstances of the accident;
• determines whether the accident is related to production;
• prepares accident investigation reports and provides within 5 working daysafter they are signed, investigation materials and copies of acts to the head of State Labor or its territorial body.

5. The employer is obliged within 3 working daysafter formation of investigation materials send them:

• State labor and its territorial body at the place of occurrence of the accident;
• to the territorial body of the Pension Fund of Ukraine at the place of registration of the enterprise;
• the police (in case of death of the employee and other serious consequences);
• a higher-level trade union body or a territorial association of trade unions;
• other enterprises whose representatives participated in the investigation (if necessary);

Also, the report of the accident together with the documents attached to it is sent victim, members of his family.

If the employer does not have the opportunity to form and send the investigation materials, then such the responsibility rests with the territorial body of State Labor. 

As you can see, the special procedure for investigating accidents during hostilities is aimed at quick and effective protection of injured workers. However, this goal can be achieved only if the employer, the State Labor Service and the special commission perform their duties in a coordinated and responsible manner.