In the summer of 2023, at the elevator facility of LLP "G." in Arkalyk, an elevator control panel operator, lacking the necessary protective gear, was poisoned by an unknown substance while cleaning the bucket well.
Without proper equipment, the head of the elevator section and the senior control panel operator rushed to assist him. As a result, both succumbed to poisoning from the unidentified substance.
The court's statement indicates that, according to the charges, the deceased head of the elevator section, N., failed to adhere to occupational health and safety regulations, leading to the loss of life and severe injury to an employee of LLP.
The prosecutor supported the charges, requesting that the head of the elevator section be found guilty and that the criminal case be closed due to his death.
However, the court did not establish the guilt of the deceased N., as the prosecution failed to provide evidence that demonstrated N. had undergone training for safe work practices related to cleaning the shaft and bucket in accordance with industrial safety regulations. The workers themselves had not received training or knowledge assessments due to the employer's negligence.
Additionally, it turned out that the elevator was operating illegally, without the necessary permits, and had not submitted an industrial safety declaration. The elevator also did not pass acceptance tests upon commissioning.
The director of LLP assigned tasks related to hazardous working conditions that were not stipulated in their employment contracts. By not training them in safe work practices according to industrial safety rules and failing to provide personal protective equipment, the employer tasked them with cleaning a water-filled bucket well.
The labor inspection established that the employer was 100% at fault for the employees' deaths.
As a result, the court's verdict declared the deceased head of the elevator section innocent of committing a crime and acquitted him due to insufficient evidence of his involvement in the criminal offense.
The court's decision recognized the heirs of N. as entitled to compensation for damages caused by the unlawful prosecution. A private ruling was issued regarding the identified violations to the prosecutor of Kostanay region, the Department of Labor Inspection of the Akimat of Kostanay region, the Committee for Industrial Safety of the Ministry of Emergency Situations of the Republic of Kazakhstan for Kostanay region, and the head of the Emergency Department for Kostanay region to conduct the appropriate inspection and take measures against those responsible.
The verdict and the private ruling have not yet entered into legal force.