do You believe in the existence of zombies? Would you believe that, for example, an Elevator in the stairwell of a typical Moscow high-rise building, where you every day going up and down, repairing the real “living dead”? Here and we can hardly believe it. However, employers sometimes go to such trouble and come up with a fantastic version, but would not recognize the death of an employee a workplace accident. And how sad that the Metropolitan court may believe that an ordinary Moscow electrician first, early this morning God gave the soul of the house, then came back alive… and went to work repairing elevators. But after a couple of hours decided to die finally and as luck would have it, in the workplace.
do You believe in the existence of zombies? Would you believe that, for example, an Elevator in the stairwell of a typical Moscow high-rise building, where you every day going up and down, repairing the real “living dead”? Here and we can hardly believe it. However, employers sometimes go to such trouble and come up with a fantastic version, but would not recognize the death of an employee a workplace accident. And how sad that the Metropolitan court may believe that an ordinary Moscow electrician first, early this morning God gave the soul of the house, then came back alive… and went to work repairing elevators. But after a couple of hours decided to die finally and as luck would have it, in the workplace.
It was a simple job
14 Nov 2014, 66-year-old electrician Elevator company Alexander Rybin, as usual, at half-past seven in the morning went to work. Exactly at eight looked in control room proezd Odoevskogo, where he learned that in one of the houses on the same street were not working passenger Elevator. Fish signed the log Manager and went to the place. Repaired the lift and immediately rushed to a new task — to rescue stranded passengers, already at a different location. On duty that morning Manager Tamara Klimova was not worried: Rybin — employee experienced nearly 29 years of experience in repair of elevators. For all the years, no complaints from her superiors had not. Always neat, hardworking. Never in so many years was not seen at work under the influence or even the slightest smell of alcohol. In General, Profi, a high-level techie of the old school. The seventh of ten regularly performed their duties and never complained — they say a lot of work. So it was worth a Fish to report on successful rescue trapped in Elevator poor guy, the dispatcher immediately gave the Elevator another job.
From the materials of the criminal case:
“at Approximately 10.45 Manager reminded Fish that from four o’clock to the address: proezd Odoevskogo, 7, bld. 2, stood the Elevator. Rybin said he will do it, and the dispatcher asked him to call the dispatcher (Odoevskogo, 7) to take the keys from the engine room, as with a key from the big fish was not. However, fish said that he will understand. He then, without entering the control room, went to the above address. More on the relationship with the Manager of the fish does not go out.”
What happened in the time interval from 10.45 until noon, will restore later almost to the minute of the special Commission. The last person to see Alexander alive fish, has been a resident of the house where the mechanic repaired the ill-fated Elevator.
From the materials of the criminal case:
“About 12 hours in the control room ran the lady said that he saw on the first floor near the Elevator man, “something happened.”
the Older lifters the lady caught in terrible condition: he was sitting, his legs dangling in the pit, and gasped. The Manager called an ambulance, emergency and reported to a Central dispatch company about the incident.
By the time of arrival of medical and rescue Alexander Rybin was already dead. On his body the doctors found the characteristic Electrometry. It seemed that the cause of the tragedy is obvious — the installer has received a powerful electric shock, which could not survive. Any kind of crime, an ordinary accident in the workplace.
“Dangerous production factors do not exist”
— By law, any episode of occupational injuries gives rise to a chain of legal consequences extremely unpleasant for the employer, explained the lawyer Yury Osipov. — The employer is faced with a series of checks from Rostrud, the Prosecutor’s office, the technical commissions, under investigation. Even if in the end it turns out that with the production of the incident is not connected, the bottle of Catnip accurately located on the table at the head of the company. Need to be fully confident in the absence of the slightest violations or to have a fair amount of courage to not try to hide the true causes of the tragedy. And it’s not just the company’s reputation and possible fines from the state. The relatives of the deceased or wounded in an accident on the production by law, be entitled to compensation. And generosity in business is a rare thing.
a Special Commission is hot on the trail conducted a technical investigation of the causes of the incident and… found nothing. The Elevator was fully functional.
conclusions
“freight-Passenger Elevator release in 1981, the manufacturer — Karacharovsky mechanical plant. In March 2006, the modernization — replacement of cabin, control system, compartment of the cab, traction cables, speed limiter. Technical inspection held on 15 April 2014 the specialists of LLC “Aurora”, operation is permitted until April 2015. In September 2010, the Elevator passed the examination of industrial safety. The service life was extended to 2031″.
moreover, theyteli visited the engine room where the hoist control system. Input device of the Elevator, which is responsible for its performance, was off.
the Commission’s Conclusion is not one iota closer to understanding the causes of the tragedy: “Dangerous and harmful production factors do not exist”.
Everything that happened on the Elevator platform of the first floor in the period from 10.45 to 12.00 on 14 November, moved into the category of reasoning, of speculation and conjecture.
From the testimony of the employee of the Elevator company Viktor Markelov:
“I can’t imagine what happened to Rybin. But I can say that in this case, when an Elevator in the building stopped, he had first to take the keys to the engine room, climb into it and using the controller to determine the problem. Perhaps Rybin, based on his experience, did not want to return the keys to the control room and climb into the engine room, and decided to deal with the problem manually, but this is just a guess. Also I want to clarify that in the Elevator shaft at the ground floor button of the Elevator, which is made so that it can be pressed without having to go directly into the mine, and thus to protect themselves when conducting any works. To turn on the Elevator button not to press, and squeeze. This eliminates accidental activation of a button on inclusion. When I arrived, the button was in the “on” position. That is, Rybin, apparently, did not disable the Elevator.”
“Dead — alive — dead again”
Surveying technicians nothing. Came the doctors to figure out what happened to the Elevator operator.
From the conclusion of forensic medical examination:
“Forensic diagnosis. Underlying disease — the electric shock. Complications: venous plethora of internal organs. Pulmonary edema. Swelling of the brain. Hemorrhages in the root of the tongue, the epiglottis, the initial parts of the esophagus under the pulmonary pleura and the soft tissue of the head, in the mucous membrane of the stomach.”
there may be Some options with the employer? To recognize an accident in the workplace. In the end, any work with electricity implies a risk: “do not get — will kill”. Therefore, all staff working with the current, must have a special permit and pass the required training. And can we assume that the firm will start a battle with the relatives of the deceased laborers, who they have worked for more than 10 years?
turns out, it can be assumed. The firm refused to recognize the fact of accident on manufacture. Moreover, the company stated that Alexander Rybin died… a few hours before came to work.
to Turn the situation in their favor, the firm was due to the fact that the conclusion of the medical examinerISA there is no word on how much it was a shock. Most likely, experts of the Bureau of the ITU that moment was obvious. There was no answer for one important question — where is the lifter Rybin got an electric shock.
because Of these small, seemingly gaps were born to one conclusion — private expert Alexander Pehnidi. The documents listed his regalia: the surgeon, the pathologist, the experience of over 15 years. The employer asked Dr. Bakondi to answer just three simple questions:
What was the source of the electric shock victim — technical electricity, external sources, faulty power tool?
What is the likely time of receiving the electric shock?
there was an electric shock the cause of death of the victim?
From the conclusion of the private expert, Pehnidi:
“the Source of the lesion could be any conductor or source of electricity, containing in its composition copper and iron. More precisely about the source of defeat to speak is not possible. Time shock can cover 6-8 hours from the time of death. That is, the electric shock could be received Rybin roughly in the period from 3-4 to 11-12 hours on 14 November 2014. Electric shock is a direct causal link with death.”
“Interrupted death”
With the conclusion of the private specialist, the employer went to Izmailovo Moscow court. There sued by the widow of the deceased lifters Elena Shemetova. The woman asked the court to declare her husband’s death from occupational accidents and to oblige the employer to make a special act on form N-1. This is a key document in every episode with the “working” injuries or deaths. It serves as the basis for payments to the relatives of the victims. This is a lump-sum payment of one million roubles, and the monthly insurance payment in the amount of earnings of the deceased. No act, no money.
In court representatives of the Respondent came from, it would seem, absolutely fantastic version. At the meeting, the employer’s representative stated that Alexander Rybin allegedly received an electric shock from a home electric shaver. It seems to be dead, but… not completely. Recovered, went to work. Fixed one Elevator, pulled out the stuck citizen of the second. But on the third he apparently got sick and he finally died.
What? However, the court believed the version and refused Elena Shepetovki in the lawsuit. Of course, do not blame this result solely on the amazing credulity of the capital Themis. The fact is that in medicine there really is quite a frightening term — “death interrupted”. Only here the thing is so mysterious that even attempts to Google it lead to nothing. Yes, interrupted by the phenomenon of death exists. Yes, vstreche��camping with electric shock. Mention of it is in the manual for the CSI.
the Phenomenon is interrupted by the death of a famous medical workers — said the pathologist Igor Bystrov. — The matter is here that people after the shock briefly comes to life, followed by death. At best he will have enough strength to call an ambulance, and that is unlikely. To say that the victim after contact with a deadly voltage will travel on business and will be for several hours to engage in vigorous activity — it is something out of stories about zombies.
Insolvent, according to the doctors, it was the Pro version of the electric shock from the electric shaver.
— it is Impossible to described in the autopsy report damage and complications (pulmonary edema and cerebral edema. — Approx. ed.) because of the electric shock from the appliance, — said Bystrov. — There are no such electric shavers.
the Last straw that finally pushed adopted by the court of first instance version of the employer on the shelf with a sci-Fi fiction, was the statement Elena Shepetovki. According to the widow, her husband an electric razor never used. No electric shaver in their home never happened. The decision of the court, held in August last year, forced the plaintiff to go for help to people who in Soviet times was a major storm all the chiefs to trade unionists.
Technical labour Inspectorate of the Moscow Federation of trade unions (FIP) questioned the results of the investigation of the accident and sent a letter to the heads of MTU Rostechnadzor and the employer with a request to justify their decision. However, the responses did not clear the circumstances and causes of accident, — said the chief technical labour inspector of MFP Anatoly Zakharenkov. — Head of the State labour Inspectorate in Moscow noted that the results obtained do not give a comprehensive answer and additional results can be obtained only upon the request of judicial authorities.
As described in the MFP, the auditors of the Metropolitan administration of the Fes even personally met with the management of the Elevator company. But the firm and then refused to acknowledge the death of fish by accident.
Seasoned experts on the protection of workers ‘ rights from the behavior of a large reputable company were in shock. The auditors of the Federation of trade unions admitted that before they put optovikov as an example to other companies. But here is…
the Union has gone VA-Bank and has addressed in Cheremushkinsky Interdistrict office of public Prosecutor. Apparently, the prosecutors story about “lifters-zombies” is as strange and dubious. The police gave the coroner a job to undertake additional study and to set the exact time of the tragedy.
— according totained the conclusion, injuries to the fish resulted from the effects of technical electricity in a short period of time, tens of minutes before the death of the victim, — has told Anatoly Zakharenkov.
This response played a crucial role in the appeal destroyed the theory of the Elevator of the office of the “resurrection” of the installer. Time is tens of minutes, then, in any case, Alexander Rybin at the time the shock was at work.
In December last year, the judicial Board of Moscow city court revised the case and fully satisfied the requirements of Elena Shepetovki. But until the complete victory of the woman so far away. The act of accident on production, the company has not yet signed only on the basis of his widow can receive a million rubles to the statutory compensation and employment law of the deceased lifter Alexander Rybin will be protected. But doctors and lawyers to protect the rights of workers who had a chance to look into this matter, the grim joke: “would that day walk”.
