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COUNCIL OF MINISTERS REGULATION
of 1 July 2009
on the determination of the circumstances and causes of accidents at work
On the basis of art. 237 § 1 points 1 and 2 of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. 1) ) The following shall be managed:
§ 1. The Regulation shall specify:
1) the manner and mode of conduct in determining the circumstances and causes of accidents at work and the way in which they are documented, as well as the scope of information included in the register of accidents at work;
2) the composition of the post-accident team.
§ 2. An employee who has been subject to an accident, if his/her health so permits, shall inform him immediately of the accident of his/her supervisor.
§ 3. 1. Until the circumstances and causes of the accident are determined, the employer is obliged to secure the place of the accident in an exclusive manner:
1) admission to the place of the accident of persons not called;
2) running without the necessary need of machinery and other technical devices, which in connection with the accident have been halted;
3) making a change in the position of the machines and other technical devices, as well as changes the position of other objects that caused the accident or allow to reproduce its circumstances.
2. I agree to the launch of machinery and other technical devices or to make changes at the place of accident to express the employer, in agreement with the social labour inspector, after the visual inspection of the place of the accident and after drawing up, if necessary, sketch or photograph of the place of the accident.
3. The consent referred to in the paragraph. In the event of a fatal, severe or collective accident, the employer shall, after agreement with the competent labour inspectorate and the prosecutor and, in the event of such accidents at the mining plant, be expressed by the employer, also after agreement with the competent authority. mining surveillance.
4. Making changes at the site of the accident without obtaining the consent referred to in the paragraph. 2 and 3, it shall be admissible if it is necessary to save persons or property or to prevent danger of danger.
§ 4. The circumstances and causes of the accident shall be determined by the post-accident team appointed by the employer, which includes the occupational health and safety service and the social worker inspector.
§ 5. 1. U employer, who according to art. 237 11 § 1 of the Act of 26 June 1974. -The Labour Code does not have an obligation to create occupational health and safety services, as a part of the post-accident team, instead of the occupational safety and health care worker, the employer or employee employed in another job, to whom the employer is entrusted the performance of occupational safety and health services, or a specialist outside the work plant.
2. An employer who does not have a social work inspection, as a part of a post-accident team, instead of a social labour inspector, as a member of the team, shall include a staff member with a current certificate of completion of the training in health and safety at work, in accordance with the provisions on safety and health training.
§ 6. If the employer cannot fulfil the obligation to set up a post-accident team in a double warehouse referred to in paragraphs 4 and 5, due to the small number of employees, the circumstances and the cause of the accident shall be determined by the accident team, which shall consist of an employer and a specialist outside the workplace.
§ 7. 1. The following shall be required to determine the circumstances and causes of the accident, after receiving the accident message, in particular:
1) make a visual inspection of the place of the accident, the technical condition of the machinery and other technical devices, the condition of protective devices, and examine the conditions of the performance of the work and other circumstances that may have affected the emergence of the accident;
2) if necessary, draw up a sketch or carry out a photograph of the site of the accident;
3) listen to the explanation of the injured person if the state of his health allows it;
4) collect information concerning the accident from the witnesses of the accident;
5) consult the doctor and, if necessary, the opinion of other specialists, to the extent necessary to assess the nature and impact of the accident;
6) collect other evidence concerning the accident;
7) make the legal qualification of an accident in accordance with art. 3 para. 1 and 2 of the Act of 30 October 2002. o social insurance in the field of accidents at work and occupational diseases (Dz. U. Nr. 199, pos. 1673, of late. 1. 2) ), hereinafter referred to as "the Act";
8) specify the preventive measures and conclusions, in particular those resulting from the assessment of professional risk on the job where the accident occurred.
2. The post-accident team shall use the materials collected by the bodies conducting the investigation or investigation if the materials are made available to him.
3. If the accident had the size of a disaster or caused a threat to public safety, the post-accident team shall use the findings of a team of specialists, appointed by the competent minister, the wojewater or the supervising authority specified in the art. 237 14 the Act of 26 June 1974. -The Labour Code, to determine the causes of the accident and to clarify technical and technological problems.
§ 8. 1. The findings of the circumstances and causes of the accident, which took place on the premises of another establishment, shall be carried out by a post-accident team appointed by the employer of the victim in the presence of the employer's representative, in whose territory the accident occurred.
2. The employer, in whose territory the accident in which the injured person was not-who is his employee, is obliged in particular:
1. provide assistance to the victim;
2) secure the place of the accident in the manner specified in § 3 paragraph. 1;
3. notify the accident to the victim of the accident immediately;
4) provide the site of the accident and the necessary materials and provide information and comprehensive assistance to the Post-Accident Investigation Team setting out the circumstances and causes of the accident.
3. At the request of the employer of the injured employee the employer, on whose territory the accident occurred, can determine the circumstances and causes of the accident, and then the post-accident documentation to transfer the employer of the injured worker.
§ 9. 1. Having determined the circumstances and causes of the accident, the post-accident team shall draw up-no later than 14 days from the date of receipt of the accident notification-the protocol to determine the circumstances and causes of the accident at work, hereinafter referred to as " the Protocol According to the model laid down by the minister responsible for working on the basis of Article 4, the following shall be added to the 237 § 2 of the Act of 26 June 1974. -Labour Code.
2. The determination of the circumstances and causes of the accident at a later date than specified in the paragraph. 1, as a result of justified obstacles or difficulties, requires the causes of this delay in the contents of the post-accident protocol.
3. The post-accident team shall draw up a post-accident protocol in the necessary number of copies and, together with the remaining post-accident documentation, shall be delivered immediately to the employer for approval.
§ 10. 1. A member of the post-accident team shall have the right to submit to the protocol a post-accident separate sentence, which should be justified.
2. In the event of disagreement of the members of the Post-Accident Team, the employer shall decide upon the contents of the post-accident protocol.
§ 11. 1. The post-accident team shall be obliged to acquaet the affected person with the contents of the post-accident protocol prior to his approval.
2. The Affected Person shall have the right to submit comments and objections to the findings of the Post-Accident Protocol, as the Post-Accident Report is obliged to instruct the injured party.
3. The Affected Person shall have the right to inspect the case file and to draw up notes and copies and copies thereof.
4. The post-accident team familiarithem with the contents of the post-accident protocol of the family members of the deceased employee referred to in art. 13 (1) 2. 2 of the Act, and instructing them to almost make comments and reservations to the findings of the Post-Accident Protocol.
§ 12. 1. Claims in the post-accident protocol that the accident is not an accident at work or that there are circumstances that may affect the employee's right to benefits from the accident, requires detailed justification and indication the evidence on which it is based.
2. The post-accident protocol shall be accompanied by a record of the victim's explanations and information obtained from the witnesses of the accident, as well as other documents collected at the time of determination of the circumstances and causes of the accident, in particular the written opinion of the doctor or other specialists, sketches or photographs of the place of the accident, as well as the separate sentence submitted by a member of the post-accident team and the remarks and reservations referred to in § 11 paragraph. 2 and 4-an integral part of the post-accident protocol.
§ 13. 1. The post-accident protocol shall be approved by the employer no later than 5 days from the date of its preparation.
2. The employer shall return an unapproved post-accident protocol, in order to clarify and supplement it by the post-accident team, if the contents of the post-accident protocol have been raised by the victim or family members of the deceased as a result of the accident the accident or the post-accident protocol does not comply with the conditions laid down in the Regulation.
3. The post-accident team, having made the explanations and additions referred to in the paragraph. 2, draw up, no later than within 5 days, a new post-accident protocol to which the accident-accident protocol not approved by the employer is attached.
4. In the case referred to in § 8 par. 3, the Post-Accident Protocol approves the employer of the injured worker. The provisions of the paragraph 1-3 shall apply mutatis mutandis.
§ 14. 1. Approved post-accident protocol the employer shall immediately deliver to the injured worker and, in the event of a fatal accident, to the members of the family of the deceased employee referred to in § 11 paragraph. 4.
2. The post-accident protocol on fatalities, heavy and collective accidents shall be served without delay to the relevant labour inspectorate.
§ 15. The post-accident protocol on fatalities, heavy and collective accidents, containing findings in violation of the employee's powers or incorrect prophylactic claims, may be returned by the employer by the competent labour inspector, with the a reasoned request to reestablish the circumstances and causes of the accident. Article 13 (1) 3 shall apply mutatis mutandis.
§ 16. 1. The employer shall keep a record of accidents at work on the basis of all post-accident protocols.
2. The register of accidents at work shall include:
1. the name of the victim;
2) the place and date of the accident;
3) information on the consequences of the accident to the victim;
4) the date of preparation of the post-accident protocol;
5) determining whether an accident is an accident at work;
6) the date of the transfer to the Social Insurance Institution's application for the benefit of the accident at work;
7) the number of days of incapacity for work;
(8) other information, other than personal data, which is intended to be included in the register, including the conclusions and recommendations of the post-accident prevention team.
§ 17. The provisions of that Regulation shall apply to proceedings concerning the determination of the circumstances and causes of accidents at work, initiated and not completed before the date of entry into force of this Regulation, with the effect that the operations carried out in the course of the proceedings initiated proceedings shall remain effective.
§ 18. This Regulation shall enter into force on 3 July 2009. 3)
President of the Council of Ministers Mr Tusk
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1) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654 and 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817 and No. 99, pos. 825.
2) The amendments to the said Act were announced in Dz. U. of 2002. No. 241, item. 2074, 2003 Nr 83, pos. 760 and No. 223, pos. 2217, 2004 Nr 99, pos. 1001, Nr 121, poz. 1264, No. 187, pos. 1925 and No. 210, pos. 2135, of 2005. Nr 164, pos. 1366, of 2007. Nr 115, pos. 792, 2008 No. 228, pos. 1507 and 2009 Nr 6, pos. 33, Nr 22, pos. 120 and No. 99, pos. 825.
3) This Regulation was preceded by the Regulation of the Council of Ministers of 28 July 1998. on the determination of the circumstances and causes of accidents at work and the manner in which they are to be documented, as well as the scope of the information included in the register of accidents at work (Dz. U. No 115, pos. 744, 2004 No 14, pos. 117 and 2006 No. 215, pos. 1582), which is repealed with effect from 3 July 2009.
