A court in Kostanay has ruled that the findings of a special investigation into a workplace accident, which resulted in a worker losing his leg, were unlawful, reports the website infohub.kz.
According to the official Telegram channel of the Kostanay regional courts, the specialized inter-district administrative court upheld the injured worker's lawsuit against the Department of the State Labor Inspectorate Committee of the Ministry of Labor and Social Protection of the Republic of Kazakhstan for the Kostanay region, recognizing the act of the special investigation into the circumstances of the workplace accident as unlawful and overturning it.
It was established that the plaintiff worked at Rudny Brick Factory LLP as a fitter-repairman of the 4th category. On March 3, 2026, he was at his workplace in the roller crusher building to replace the conveyor belt when the crusher mechanism suddenly started, causing his left leg to be caught by the rotating parts of the equipment (screw). The employee suffered severe health damage, leading to amputation of the lower third of the left shin and crushing of the left foot.
In accordance with the requirements of the Labor Code, the department ordered a special investigation commission. As a result, the contested act was drawn up, in which the commission established the degree of fault of the employer at 80% and the employee at 20%.
The employee disagreed with the commission's findings and filed a lawsuit. Examining the materials of the special investigation, the court found that the investigation was not complete, objective, or comprehensive.
Thus, the company where the plaintiff worked is classified as a hazardous production facility engaged in the processing of solid minerals, in particular, it has a crushing and sorting section (workshop). In this regard, the department was obliged to ensure the participation of a specialist from the industrial safety department of the Emergency Situations Department in the special investigation, whose opinion could have influenced the commission's conclusions.
Furthermore, the court concluded that the commission's findings on the employee's fault were premature, as they were not supported by sufficient, admissible, and reliable evidence. It was established that the plaintiff had not undergone training and retraining on industrial safety in accordance with the Rules for the Processing of Solid Minerals.
Under such circumstances, the act of the special investigation into the circumstances and causes of the accident was declared unlawful and overturned, and the administrative claim was satisfied. The court decision has not yet entered into legal force.