How and within what time must a workplace accident be reported in Turkmenistan?

At once by the worker, and without delay by the employer: the Labour Code of Turkmenistan requires the worker to report an accident to the direct manager immediately and the employer to notify the relevant bodies in good time (the Code sets no number of hours), then to investigate under the procedure set by the Cabinet of Ministers and give the victim, or the family after a death, a copy of the accident act no later than three days after the investigation ends.

Short answer

• Worker to manager: immediately (Labour Code Article 192(7)).
• Employer to authorities: "timely notification of the relevant bodies about accidents and breakdowns" (Article 178(23)); Türkmenstandartlary investigates accidents and breakdowns (Article 182), and trade unions must be informed of registrable accidents and may join or carry out the investigation (Article 406).
• Investigation: by the employer, under the procedure approved by the Cabinet of Ministers (Article 200(2)).
• Act copy: to the injured worker or, after a death, to the family or legal representative, no later than three days after the end of the investigation (Articles 178(15) and 200(1)).
• Hazardous production facilities: a breakdown (авария) is investigated by a technical commission led by the industrial safety authority, and the operator must inform the authorities and the population (Industrial Safety Law Articles 10 and 13).
• Not verified: the exact number of hours for the first notification and the investigation period, which are in the Cabinet procedure we could not open.

Step by step after an accident

1. Care and safety. Give first aid and arrange transport to a medical institution at the employer's expense (Articles 178(14), 190 and 197). Stop the work and make the area safe; preserve the scene as far as safety allows.
2. Internal report. The injured worker or a witness reports to the direct manager immediately (Article 192(7)); the manager informs the head of the enterprise and the labour protection service.
3. External notification. Notify Türkmenstandartlary, the trade union body and, for a facility under a ministry, the ministry. For a hazardous production facility, also notify the industrial safety authority. The Code only says "timely"; good practice is to do it the same day and confirm the required form and deadline with the authority.
4. Investigation. Set up the investigation under the Cabinet of Ministers procedure. The injured worker may take part personally or through a representative (Article 173(9)), and the trade union may participate or investigate independently (Article 406(5)).
5. Accident act. Record the accident in an act. Give a certified copy to the victim or family within three days of the end of the investigation.
6. Records and statistics. Enter the accident in the enterprise records and the state statistical reports prepared by the labour protection specialist (Order No. 106-Ö).
7. Prevention. Analyse the causes and take measures (Article 178(15) requires investigation, recording and analysis).

Disputes, compensation and insurance

If the employer refuses to recognise an accident, refuses to investigate or the victim disagrees with the act, the dispute goes to the executive OSH body or the trade union, and their decision can be challenged in court; an appeal does not suspend the decision (Article 201). The accident act is the first listed evidence of the employer's fault when compensation for damage to health is claimed (Article 212), and the worker or family receives lost earnings and rehabilitation costs or, after a death, the related costs (Article 155). Workers in high-risk production must be covered by the employer's compulsory accident insurance (Article 175).

Common mistakes

• Waiting for the investigation before notifying. Notification and investigation are separate duties; notification comes first.
• Not involving the trade union. Unions have a statutory right to information on registrable accidents and to take part in investigations.
• Hiding minor accidents. Unions can demand action against officials who conceal accidents (Article 406(5)), and concealment undermines the worker's compensation claim.

Related on excodex

• Occupational safety and health in Turkmenistan: law, authorities and employer duties
• Is a safety committee or a worker safety representative required in Turkmenistan?
• What are the penalties for breaking occupational safety rules in Turkmenistan?
• OSH law compared: appointments and reporting deadlines

Standards and further reading

• Labour Code of Turkmenistan, Law No. 29-IV of 18 April 2009, Articles 155, 173, 178, 192, 197, 200, 201, 212, 406 (FAOLEX consolidated Russian translation): https://faolex.fao.org/docs/pdf/tuk243144.pdf
• Law No. 495-V on Industrial Safety of Hazardous Production Facilities, 4 February 2017, Articles 10 and 13: https://faolex.fao.org/docs/pdf/tuk184581.pdf

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.