The Rechitsa Interdistrict Department of the State Labor Inspectorate reports: an employee’s alcohol intoxication caused an accident that led to a severe work injury

The Rechitsa Interdistrict Department of the State Labor Inspectorate reports: an employee’s alcohol intoxication caused an accident that led to a severe work injury
The Rechitsa Interdistrict Department of the State Labor Inspectorate reports: an employee’s alcohol intoxication caused an accident that led to a severe work injury

In March 2022, an accident occurred on the territory of the Braginsky district, which led to a severe work injury, with a worker performing work under a contract – a contract of the open joint-stock company Komarinsky (hereinafter – OJSC Komarinsky).

The Rechitsa Interdistrict Department of the Gomel Regional Directorate of the Department of State Labor Inspection (hereinafter referred to as the Department) conducted a special investigation into the accident, which established that the accident occurred when the employee was moving around the barn in a state of intoxication, as a result of which the victim repeatedly fell on the concrete floor of the barn and hit the reinforced concrete parts of the animal feeders with body parts, as a result of which the victim received head and chest injuries.

According to the results of the investigation, the Department established that the accident occurred in circumstances where the only cause of damage to health was the victim’s being in a state of intoxication, confirmed by a document issued in the prescribed manner by a healthcare organization.

At the end of the investigation, the employer drew up an act on a non-production accident.

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According to clause 24 of the Rules for Investigation and Registration of Occupational Accidents and Occupational Diseases, approved by Resolution of the Council of Ministers of the Republic of Belarus No. 30 dated January 15, 2004, an accident is drawn up by an act on a non-occupational accident of the form NP, if damage to health, death of the victim:

– occurred as a result of an unlawful act of the victim, committed intentionally, established by the court or the body conducting the administrative process;

– occurred as a result of intentional harm to one’s health;

– occurred in circumstances where the only cause of damage to health, death of the victim was his being in a state of alcoholic intoxication or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, confirmed by a document issued in the prescribed manner by a healthcare organization ;

– are caused solely by the disease of the victim, which he had before damage to health, death, confirmed by a document issued by a healthcare organization or other competent organization (body) authorized in accordance with the law to issue conclusions about the presence of the disease in the victim or about the causes of his death;

– occurred under the simultaneous observance of the following conditions:

– not when the victim is performing work duties or not when performing work on the instructions of the organization, the insured (its (his) authorized official);

– not under the circumstances provided for in subparagraphs 3.2 – 3.6 and 3.10 of paragraph 3 of these Rules;

– not when following the territory of the organization, the insured to the workplace and back in the periods of time before and after the end of work, not when putting equipment, tools, devices and personal protective equipment in order, and not when performing other actions provided for by the internal labor regulations before beginning and after completion of work.

Tags: Rechitsa Interdistrict Department State Labor Inspectorate reports employees alcohol intoxication caused accident led severe work injury

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