In the Aktobe region, a gas-electric welder suffered severe injuries after falling from a lifting mechanism (elevator) while performing work. The incident occurred at a production facility, after which the victim challenged the results of a special investigation into the accident, reports the website infohub.kz.
According to the official Telegram channel of the Aktobe regional courts, the special investigation commission determined the employer's degree of fault at 80% and the worker's at 20%, citing the latter's gross negligence. However, the court found that the employer allowed the worker to perform tasks without mandatory safety and occupational health training, failed to ensure safe working conditions, and did not properly organize the work process. No evidence of gross negligence on the part of the worker was established.
As a result, the Specialized Interdistrict Administrative Court (SMAС) of the Aktobe region upheld the worker's administrative claim, declaring the special investigation report unlawful in terms of the distribution of fault, stating that the accident was caused by the employer's failure to provide safe working conditions. The employer's degree of fault was set at 100%, and the worker's at 0%.
The Aktobe regional court upheld the SMAС decision. The cassation court for administrative cases agreed with the courts' conclusions, noting that establishing the circumstances of the accident, the causal link, and the degree of fault of the parties falls within the court's competence when reviewing the legality of the special investigation report.