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What is a marine occupational accident investigation record? Sample of the latest marine occupational accident investigation report in 2023? Guidelines for drafting marine occupational accident investigation? Investigate maritime occupational accidents?
In recent years, the number of maritime occupational accidents has been constantly increasing, the number of maritime accidents caused by collisions or incidents related to ships being damaged or submerged, causing environmental pollution, causing serious consequences. Serious, deadly also became common. When a maritime occupational accident occurs, the relevant agencies will intervene to investigate and clarify the causes, developments as well as damage occurred and the investigation must be made in writing.
Lawyers give không lấy phí trực tuyến legal advice by phone:
1. What is a marine occupational accident investigation record?
Occupational accident is an accident that causes injury to any part or function of the body or causes death to an employee, occurring during the working process, associated with the performance of work or duties. job.
– A marine accident is an event directly related to the operation of a ship that causes one of the following consequences: death, disappearance or serious injury; cause a ship collision; serious structural damage to the ship; causing a vessel to slip, sink, run aground or lose manoeuvrability; damage marine infrastructure or cause serious environmental pollution.
A marine casualty does not include acts that intentionally cause damage to people, ships, marine infrastructure or the environment.
– Classification of maritime occupational accidents in Article 4 of Circular 01/2020/TT-BGTVT stipulating the declaration and investigation of maritime accidents as follows:
A particularly serious marine accident is a marine accident that causes one of the following damages:
a) Causing the death or disappearance of a person;
b) Causing a seagoing vessel to sink or go missing;
c) Spilling into the environment 100 tons of oil or more or 50 tons of toxic chemicals;
d) Causing traffic jams on navigational channels for 48 hours or more.
+ Major marine accident is a marine accident that does not fall into the cases specified in Clause 1 of this Article and causes one of the following damages:
a) Causing a ship to catch fire, explode, or run aground for 24 hours or more, damaging the ship’s structure and affecting its suitability;
b) Spilling into the environment from 20 tons of oil to less than 100 tons of oil or from 10 tons of chemicals to less than 50 tons of toxic chemicals;
c) Causing traffic jams on navigational channels from 24 hours to less than 48 hours.
+ Less serious marine accidents are marine incidents or marine accidents occurring outside of the above cases. Therefore, a marine incident is an event that occurs directly related to the operation of the ship, but is not a marine accident, causing danger or, if not corrected, will endanger the safety of the ship. , people or the environment.
Minutes of marine occupational accident investigation is a document recording the investigation process of a competent authority when a maritime occupational accident occurs, based on the accident, the composition of the investigation team and the participants. investigation. participate in the investigation, victim background, information about the accident, developments, causes and conclusions about the accident, damage caused by the accident, etc.
The marine occupational accident investigation record is used to fully record information related to the accident to serve as a basis for settlement and determination of the responsibilities of the parties involved, and to claim compensation for damage or loss. damage… serving statistics and reporting on maritime occupational accidents.
2. Sample report on marine occupational accident investigation:
The form of report on investigation of maritime occupational accidents is issued together with Circular No. 15/2017/TT-BLDTBXH dated May 15, 2017 of the Minister of Labor, War Invalids and Social Affairs as follows:
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
—————
……., day month Year….
PROCEDURES FOR Investigating Maritime Construction Accidents
(severe or fatal)
1. The facility where the accident occurred:
– Name of the separation: …………..
– Address: ………
in province/city: ………….
– Phone number……., Fax…….., Email: …………
– Area of economic activities of the establishment: ……(2)……
– Total number of employees (production scale of the establishment): ……..
– Type of establishment: …………(3)…
– Name and address of the immediate superior administrative agency (if any): …….
2. Composition of the investigation team (full name, position, agency of each person): …..
3. Participate in the survey (full name, work unit, position of each person): ….
4. Brief about the victim: ……..
– First and last name: …….; Gender Male Female;
– Date of birth: …………
– Home: ………..
– Residence: ………..
– Family circumstances (father, mother, wife, husband, children): …….
– Work place (name of team/workshop or name and address of establishment):……..
– Occupation: …………..(4)…….
– Working time for the employer:…………(year)
– Occupation: ………….(year); Craftsman (if any)…..
– Type of work: ……..
Labor contract: ………….(5)……./ No contract.
– Trained on OSH: yes/no.
5. Information about the accident:
– Date and time of accident: At….hour…minute, date…month………….;
– Place of accident: ………….
– Time to start working: ………
– Number of hours worked until the accident: ………… hours ………….. minutes.
6. Evolution of the accident: …..
7. Cause of the accident: ……..
8. Conclusion on the accident: (Which is an occupational accident or an accident entitled to the benefits specified in Clause 2, Article 39 of the Law on Occupational Safety and Health, or it is not an occupational accident).
9. Conclusion about the guilty person, proposed handling method: ……
10. Measures to prevent similar or recurring occupational accidents: …….
11. Wound status: Dead or seriously injured (write wound location according to the appendix of the list of wounds).
12. Place of initial treatment and treatment: …………
– Work content: ………
– Executor: ……………….
– End time: ……..
13. Damages caused by occupational accidents and incurred expenses: ….
– Expenses to be paid by the employer (if any): Total: …………. copper, of which:
+ Money for medical treatment: ……VND;
+ Salary during the treatment period: ……VND;
+ Compensation or compensation: …………. copper;
+ Other expenses (funeral, visit): ………….. VND.
Damage to property/equipment: …………. copper
EMPLOYEES
(Sign, write full name and seal (if any))
LEADER OF LABOR ACCIDENT Investigating Union
(Sign, write full name and seal (if any))
3. Guidelines for editing maritime occupational accident investigation dossiers:
(1) Name of the unit conducting marine occupational accident investigation.
(2) Names of industries, industry codes according to the system of economic branches announced by the Prime Minister in accordance with the provisions of the Law on Statistics.
(3) Write the name, code according to the list and code of economic, administrative and non-business units in accordance with current law on reports and statistics.
(4) Register by name, occupation code according to the occupational list promulgated by the Prime Minister in accordance with the Law on Statistics.
(5) Specify: Unspecified term; Determine the term from full 12 months to 36 months; The work is seasonal, seasonal or specific work less than 12 months.
Note:
Ship owners are responsible for making records of maritime occupational accidents. In a maritime occupational accident, if there are many seafarers suffering from occupational accidents, each seafarer with occupational accidents shall receive a separate set of documents. This file includes originals or copies of the following documents:
a) Minutes of scene examination (if any);
b) Floor plan;
c) Photos of the scene, photos of victims;
d) Minutes of autopsy and assessment of wounds, except for cases of disappearance as declared by the court;
dd) Minutes of technical expertise, legal expertise, conclusions of legal expertise (if any);
dd) Written testimony of the victim, the person who knows the incident or the person related to the occupational accident;
g) Minutes of investigation of occupational accidents;
h) Minutes of meeting to announce the minutes of occupational accident investigation;
i) Certificate of injury from the treatment facility (if any);
k) Hospital discharge certificate of the treatment facility (if any).
4. Maritime occupational accident investigation:
Investigation of maritime occupational accidents is specified in Chapter III of Circular 01/2020/TT-BGTVT providing for the declaration and investigation of maritime occupational accidents as follows:
– Investigate the marine accident case
+ Serious and particularly serious marine accidents must be investigated.
+ Less serious maritime accidents may or may not be investigated at the discretion of the Director of the Maritime Port Authority. In case of failure to investigate, the port authority must report to the Vietnam Maritime Administration.
– Organization of marine accident investigation
+ Authority to investigate marine accidents
a) The Director of the Regional Maritime Bureau is responsible for organizing the investigation of maritime accidents occurring in the seaport waters under his/her management and other maritime accidents assigned by the Director of the Vietnam Maritime Administration. ;
b) In case a marine accident occurs in seaport waters and the injured vessel continues its journey to the designated anchorage position in another seaport water area, the Director of Vietnam Maritime Administration shall decide to assigned to organize maritime investigation. Accident. to the port authority where the accident occurred or where the ship was anchored. When the ship arrives at the specified position in the waters of the port city under its management, the Director of the Port Authority is responsible for immediately sending a qualified person on board to inspect the scene and collect documents.
c) The Director of the Vietnam Maritime Administration shall decide to assign the organization to investigate the maritime accidents occurring outside the seaport waters of Vietnam to the appropriate Maritime Administration.
+ When receiving information about a marine accident in the seaport waters under his/her management, the Director of the Maritime Port Authority must send a qualified person to the place of the accident when he is allowed to clear the ship to inspect the scene. , job review and processing. Gather the necessary evidence for the investigation. When performing these tasks, a record must be made and witnessed by a competent person on the ship, in order to avoid affecting the safe operation of the ship. The person assigned to the location is a member of the marine accident investigation team specified in Clause 3 of this Article.
+ The director of the port authority that organizes the marine accident investigation must issue a decision to establish a marine accident investigation team.
During the investigation of a marine accident, if any signs of crime are detected, the Director of the Maritime Port Authority shall notify the competent investigating agency and transfer the dossiers, documents and evidences related to the accident. marine accident at the request of the competent authority. investigative agency; dossiers and documents before being transferred must be duplicated or copied to serve the investigation of marine accidents; the transfer of dossiers, documents and evidences must be recorded in the minutes of transfer.
+ For maritime accidents that have been investigated by other agencies within their competence, the marine accident investigation must still be conducted in accordance with this Circular.
+ The Vietnam Maritime Administration shall notify the maritime authority of the flag State of the investigation of maritime accidents against foreign ships.
+ The Director of the Port Authority has the right to impound a ship for no more than 5 days to collect evidence for investigation. The temporary detention beyond the above time limit in case an accident occurs in seaport waters will be decided by the Director of the Vietnam Maritime Administration at the request of the Director of the Maritime Port Authority for more than 5 days; In case the accident occurs outside the seaport waters, the extension of the time of temporary detention of sea vessels must be considered and decided by the Minister of Transport at the request of the Vietnam Maritime Administration.
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