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the Appendix № 12 Technique of an establishment of the reasons, conditions, circumstances and the accident mechanism in building, definitions of a circle of persons, in whose duties entered maintenance of safe working conditions

Explanation of tasks in view begins with studying of an adjusting part of the decision (definition) about examination appointment. The situation when here it is full, consecutive is most preferable and the description of investigated event is particularised.

Such happens not often and when the due description is absent, it is necessary to study others pravoprimenitelnye the documents attached to materials of business (for example, the decision about its excitation) in which the required information, as a rule, is reflected.

If searches are ineffectual, when due hereunder it is necessary to direct the petition with the request to particularise all data established by a consequence about an event event.

Having compared these data with the put questions, the expert understands problems which to it should be solved. The specified questions, at all variety of their formulations it is possible to present as follows:

Whose duties included maintenance of safe conditions of conducting those works during which manufacture there was an accident;

Whether deviations from requirements of special rules have been admitted at conducting works in which course there was an accident; if were, in what they were expressed;

Whether there was a causal relationship (to specify a communication kind) between the specified deviations (if they have been admitted) and the come consequences; if such communication was available, in what it consisted;

Whose actions (inactivity) have created conditions for an event, have served its straight line (direct and so forth) as the reason;

Whether there was a possibility to expect and prevent accident? At studying of materials of business (the first investigation phase) it is necessary to take into consideration the objective and subjective parties of an investigated crime and taking into account it to define corresponding approaches to an establishment of sufficiency of documents and completeness of their maintenance * for the decision of tasks in view.

If it is not enough initial data, the expert when due hereunder declares necessity of the participation for investigatory actions, proving requirement of their carrying out, and (or) expert investigation of the given kind petitions for maintenance of conditions for carrying out of independent survey of a scene In most cases is spent on business materials as the moment of an event and the beginning of work of the expert are divided, as a rule, by the considerable period of time and real conditions of investigated event does not remain. However when there is a possibility of survey of a scene the expert, natural researches to spend it is necessary. During survey (the second investigation phase) the expert establishes presence and a relative positioning of certain elements of real conditions of the accident, concerning an examination subject, or fixs absence of those subjects which should be (their presence is provided by requirements of special rules); defines a condition and other characteristics of available subjects (system of a protection of a workplace, the equipment, the tool etc.) and so forth we Will consider an order of performance of these actions with reference to various (typical) circumstances of accident.

Survey of a place of falling of the person from height. Falling of people occurs actually by manufacture of civil work of any kind which is carried out in places, having differences on height.

Most often it happens at conducting assembly, stone, concrete, roofing and finishing (plaster, painting, etc.) works, namely at performance:

Civil and erection works near to the open technological apertures which have been not protected liftovyh of mines, balconies, at edge of a building (construction) at overlapping or roof level;

Works from woods, podmostej, other means podmashchivanija, not equipped with protections;

Works directly from walls, beams etc.;

At transition from one place on another on farms, beams, racks of woods and so forth

First of all to survey that place from which the victim (usually its this workplace has fallen), and also woods comes under, to a building part on which it moved. First of all, the expert (expert) should establish, how much real conditions of an event met the requirements of the special rules regulating safety issues of work. So, if accident has occurred by manufacture of installation works, it is necessary to be convinced available accessors of assemblers to a workplace (gangways, bridges, ladders [4, item 5.41.11]) to study their device to define dimensions. At research, for example, a ladder it is necessary recognise that its sizes should to provide to the worker possibility to carry out industrial operations in position standing on a step which are on distance 1 m from the top end of a ladder [6, item 7.4.29]. Ladders and step-ladders should be supplied by the devices preventing possibility of their shift and overturning at work. On the bottom ends of ladders and step-ladders should be okovki with sharp tips for installation on a ground, and at use of ladders on smooth surfaces (for example, a parquet, metal, a tile, concrete, etc.) on them there should be boots from not sliding material [6, item 7.4.28].

If there are bases to believe, that falling of the person from height is connected with deviations from requirements of the special rules limiting possibility of conducting of works under adverse weather conditions (a snowfall, a thunder-storm, a fog) [4, item 5.41.29], it is necessary at place survey, whence has fallen the victim, to pay attention to its condition: whether there was it ice-covered, is filled up by snow, filled in by oils and so forth Obligatory object of survey should be, means of individual and collective protection: safety belts, the cables catching grids. Survey is come under also by places to which carbines of belts of safety fastened; it is necessary to check up, whether there corresponded this fastening to requirements of special rules.

At falling working from height during performance of industrial operations with use of woods and podmostej it is necessary recognise that it could to occur for some reasons which can be divided into three groups:

1) unsatisfactory designing of woods without actual working conditions of a design. For example, fastening of woods to a vertical surface of building object should be carried out with the help ankernyh stoppers of the various designs located in chessboard order through two circles on height and through two flights on length of a building [455, with. 22-30]. However to carry out fastening thus it is not always possible in view of various features of constructions to which these woods should fasten. At change of the scheme of fastening of woods to a building working conditions of woods vary at various kinds of loadings, the design scheme that can cause failure of last changes;

2) the errors admitted at a stage of manufacturing and installation of woods. Inventory woods should be made industrial methods [59; 153]. However in practice it is not always possible. Sometimes woods make directly on a building site without the corresponding project and, as a rule, with considerable deviations from standard data. At installation of woods builders replace missing elements with others without any substantiation of such replacement; compulsory condition of thorough training of the basis for the further installation of woods (stability of all design depends on a support condition) is not always observed; necessary tap superficial and subsoil waters is not provided, that also involves

myj tap superficial and subsoil waters, that also involves basis damage under woods;

3) inadequate operation of woods owing to a wrong technical management or absence of supervision at their installation and conducting: civil work [294, with. 139-140];

During survey the following is established:

Condition of a surface of the earth on which woods or podmosti are established; presence of a protection of zones in which establish, maintain and; dismantle woods, and also precautionary signs and posters (inscriptions); the fact and an order of application of mechanisms at assemblage and dismantle of woods;.mesta and ways of fastening g woods, their conformity to the project of manufacture of works or a technological card;

Design of the equipment of woods ladders for lifting and descent of people; presence on woods in places of passes to a building of the protective: peaks sh a continuous lateral covering;

Condition of a flooring of woods and so forth

Place survey travmirovanija the person a falling subject. Accidents of this kind occur, as a rule, at:

Falling of loose elements of the buildings, mounted designs, piece изделий* (a brick, a finishing tile and so forth), used on construction and painting and decorating;

sbrasyvanii the dust, not used building.materialov, container and

Avenue;

Falling of elements of a building, structure or construction at their dismantle; falling of designs, building materials as a result of their wrong warehousing;

Falling of the tool used at work at height.

At scene survey it is necessary to establish, whether is the place travmirovanija a zone of a special operating mode and if yes, whether that there are protections of a dangerous zone: and what their design functional purpose (protective, alarm or them in general it is impossible to carry to any kind provided by special rules [6, items 4.9, 4.10]); whether the event place by building dust [6, item 6.1.6] is cluttered up: (if yes, it needs to be described in detail). g

During survey it is necessary to spend a number of measurements and to establish, in particular, distance from a place travmirovanija the victim to an erected (reconstructed) building or a construction; to a place from which the injuring subject has presumably fallen.

After place survey travmirovanija it is necessary to study a place from which the subject has fallen. In some cases it is expedient to do it together with the expert - trasologom. Thus it is necessary to be convinced, whether technological apertures [6, item 6.2.17] have been closed, workplaces [6, item 6.2.16] are protected, protective peaks [6 are established, items 6.2.2, 6.2.3], the canopies catching grids, whether are stored on protective peaks, window sills, balconies building materials and products, dust [7, item 9.2.6]. Whether items 4.2.8] etc. are equipped special closed a trench and other adaptations for descent of dust from height [7,

If the traumatic case has occurred as a result of falling of stored materials it is necessary to examine carefully all places of warehousing and a stored material, having paid special attention on, whether it is laid on in advance prepared platform and whether is correct it is prepared; whether materials (whether in necessary packing, whether there are necessary linings, whether the stack height is exceeded, whether there are passes of necessary width etc.) [6, items 6.3.2 - 6.3.4] are correctly laid.

If falling of subjects has occurred at their moving by means of building technics, cars and mechanisms, the expert considers versions about absence or application inadequate gruzozahvatnyh devices and container, premature (before fastening) clearing of them of cargo, application of poor-quality ropes, cables or their wrong fastening.

Checking these versions, the expert should carefully, taking into account conformity to requirements of safety rules of work, investigate container, gruzozahvatnye adaptations, ropes, cables, places of their fastening [6, items 7.4.4, 7.4.5]. So, if travmirovanie the worker has occurred the fallen bricks, small piece or loose cargo, it is necessary to check up, whether this cargo in the special inventory container tested for durability moved. It is necessary to pay attention also to a design of container and adaptations as to apply them it is forbidden, if they are not equipped by the special devices which are not supposing samoproizvol -

nogo disclosings and losses of a transported material through walls and the bottoms [6, and. 8.2.13].

Obligatory object of survey are moved materials (products, designs) by which people have been injured. Their characteristics established by the expert, should be correlated subsequently with other elements of real conditions of an event of event.

Survey of a place of accident of the load-lifting car. The accidents connected with failure of the load-lifting crane, often enough meet in sudebnosledstvennoj and expert practice. Borders of survey of a place of event, as a rule, are limited to a working zone of cranes. Besides the location of the victim and its tool travmirovanija research is come under by an installation site of cranes, cranes, demountable gruzozahvatnye adaptations and container, a way of moving of cargoes (a loading place, a line of lifting and cargo movement, an unloading place). That survey passed purposefully and effectively, it is necessary to know the most typical emergencies of this kind. Overturning of cranes, arrow falling concern that, travmirovanie workers moved cargoes, influence on people an electrocurrent at work under an electric main.

Accidents, as a rule, are caused by following circumstances:

Work by the faulty car (because of absence or malfunction of devices of safety, the index of load-carrying capacity of an arrow, the terminator of load-carrying capacity, the terminator of height of lifting there is an overload and arrow or crane falling; because of absence or malfunction of a final emphasis - falling of cranes);

Work on the building site not equipped properly or at failure condition podkranovyh ways (leads to falling of the crane, cargo);

Absence or application inadequate gruzozahvatnyh adaptations, container; premature rasstropovkoj the mounted details, moved cargoes before their fastening (leads to falling of cargoes);

Car work directly under wires of operating air-lines of electricity transmissions or on it is inadmissible close (forbidden by rules) distance from them (leads to defeat by an electrocurrent);

The admission to work by such cars of the persons who do not have appropriate preparation.

The crane overload is usually interfaced to the lifting of loads which weight exceeds admissible on the given start of an arrow, or with attempt of the lifting of loads considerably exceeding limiting load-carrying capacity of the car. Along with it the overload can occur and at the lifting of loads which weight is admissible for the given start of an arrow or does not exceed the maximum load-carrying capacity of the crane. It happens at podtaskivanii cargo (drawing) to the crane and attempt of lifting frozen, filled up by the earth or the jammed cargo. Failures occur usually or at the big overload, or at simultaneous influences (wrong installation of the crane, malfunction of a way, wind action etc.).

In some cases the crane overload causes failure not at once, and after arrow turn, at crane movement, giving of the next cargo within the accepted assumptions, etc. crane Overturning occurs also owing to the dynamic loadings arising at breakage of lifted cargo, at fast turn and a sharp stop of an arrow, at sharp lifting and cargo lowering. Overturning of self-propelled cranes is frequent (pneumowheel, caterpillar, truck cranes and cranes-dredges) there is because of their installation in inadmissible affinity to slopes of a various sort of dredging, on svezhenasypannyj, not stamped ground, on nesilanirovannuju a platform.

The listed emergencies represent a wide spectrum of the circumstances causing accidents, occurring during operation of load-lifting cars. That survey had purposeful character, follows, leaning against results of interrogations of participants of event and eyewitnesses to define conditions and the mechanism of an event of event, to create mental its dynamic model. Certainly, such model will have the approached character, cannot possess necessary completeness and comes under to the further updating during the subsequent research.

If crane overturning is connected with travmirovaniem people, first of all it is necessary to study an event place, the trauma tool, clothes of the victim, data on character of its traumas. Further it is necessary to examine cargo at which moving there was an event, an installation site of the crane and stropovki stored gru -

Call; to define a condition of assembly loops, systems stropovki, degree of deterioration a sling, to establish cargo weight.

At crane survey it is necessary to define a condition of a hook and details of its suspension bracket, metallokonstruktsy, blocks, axes and details of their fastening, ropes, mechanisms, a cabin and management personnels, platforms and ladders, an electric equipment, devices of safety, a counterbalance and a ballast (at cranes strelovogo ooze).

At research of a hook and details of its suspension bracket it is necessary to establish presence (absence): designations on a hook, corresponding to state standards; in necessary cases - the closing device preventing spontaneous loss demountable gruzozahvatnyh of adaptations from a pharynx of a hook; residual deformation, cracks and inadmissible deterioration. Besides, it is necessary to define reliability of fastening of a hook in traverse both a condition traversy and the basic bearing, and also a condition of cheeks and blocks krjukovoj suspension brackets, presence and serviceability of the devices preventing falling off of ropes from blocks of a suspension bracket.

At survey of ropes and their fastenings it is necessary to pay attention to correctness zapasovki of ropes, quantity of breakages provolok on a step svivki, degree of superficial deterioration, reliability of fastening of the ends of a rope (correctness of installation of clips, conformity of their quantity settlement, correctness zadelki the ends in klinovyh plugs, etc.). If there are bases to assume, that cargo was the tool travmirovanija the victim or destruction of erected object (its elements), was filled up or frozen, was dragged before lifting by a cargo cable to the crane to research come under a various sort of stratification on a cargo surface. In such cases participation of the expert-trasologa and the expert-soil scientist is necessary. Results of their researches can confirm or confute the arisen assumptions.

At survey of an installation site of the crane it is necessary to define correctness of the device and serviceability podkranovogo ways, kranovyh rails, an emphasis. The most typical damage kranovyh rails are: deterioration of the top and lateral sides of a head, deformation of rails in places of joints and cracks in seams. Damages kranovyh an emphasis are shown in easing of their fastenings, residual deformations, and at whacks and in destruction.

Especially careful survey is come under by installation sites of self-propelled cranes which in the course of work constantly vary and will not be examined by representatives gosgortehnazora as it occurs before putting into operation of stationary cranes. In these places tests of a ground for the subsequent definition in laboratory conditions of its characteristics (a kind, density, humidity are selected and so forth), the corner of an inclination of a platform and the least distance from support of the crane to dredging edge is established. C the help of the expert-trasologa defines presence, quantity, depth and the form of traces of additional support (autrigerov) on which the self-propelled crane has been established, and also presence, the sizes and an arrangement of traces of applied linings under autrigery.

Places stropovki cargoes coming under to moving look round with a view of check of the possible reason of overturning of the crane as consequences podtaskivanija cargo to it either lifting zasypnyh or the designs which have frozen to the earth. The condition of the cargoes which were on a place stropovki is for this purpose found out; by means of the expert-trasologa traces on the earth in that place where moving designs settled down are investigated, drawing traces are described.

Finding-out of the reasons of overturning and breakage bearing metallokonstruktsy the crane often becomes complicated that in the course of falling the crane is exposed to additional deformations. In this connection at research of the emergency crane special knowledge in the field of materials technology, in particular metallurgical science with which help it is possible to establish is required, what deformations have arisen before failure and what after it. To reveal malfunctions of the crane (its mechanisms), entailed an event event, to establish a regime condition of the crane at the moment of failure it is possible with attraction as the expert of the expert in the field of operation of load-lifting cranes. Its participation will be necessary also at interrogation of the mechanical engineer who was carrying out routine inspection and repair coming under expert survey or the similar crane.

At survey of a cabin and management personnels it is necessary to establish: conformity of the equipment of a cabin to requirements of the instruction of manufacturer, and also to Rules for the Construction and Safe Operation of load-lifting cranes [126];

Presence of a latch or latch for lock-out of a door of a cabin from within, and on the cranes working on open air, - presence of the lock for its lock-out outside;

Presence of special glasses (stilipit, triplex) in fillings of light apertures;

Possibility of clearing of glasses and presence of sun-protection guards; presence of a dielectric rug (at cranes with the electric drive); reliability of fastening, correctness of connection and serviceability of an electric sound signal;

Seal presence on a cover of the relay block of restriction of load-carrying capacity;

Presence in a cabin of shooting cranes of the tablet with instructions of a start and weights of control cargo for check of serviceability of the terminator of load-carrying capacity; presence, serviceability and correctness of connection of illumination of a cabin; a condition of controls, presence on them of inscriptions and the arrows specifying a direction of caused movements, presence of designations and fixing of separate positions of handles or flywheels;

Absence of possibility of simultaneous management of the crane from several posts (at their presence);

Presence and serviceability of the stationary seat supposing possibility of its adjustment at height and in a horizontal plane, etc.

Survey is expedient for beginning with research of position of control levers on which the mode of operation of the crane at the moment of failure is established. After that presence and serviceability of devices of safety - terminators of lifting and load-carrying capacity, a start of an arrow and crane turn, krenometra is checked, a different sort of the emergency switches provided by service regulations of the crane, etc. Thus during carrying out trasologicheskih researches presence (absence) of the traces specifying in not authorised switching-off of devices of safety (many of them are sealed up) is established or on recent repair as it is frequent crane operators for "convenience" disconnect them. Further survey with attraction of the expert-metalloveda is come under by knots and bearing elements metallokonstruktsy the crane with a view of detection and research of a various sort of mechanical damages: breaks, cracks, curvatures, leaky -

Walls, damages and deformations of separate connections of metal details of the crane. On fresh shine of metal, traces of a rust and various stratifications breaks and cracks are differentiated on arisen at the moment of event and much earlier.

The most probable places of occurrence and development of cracks in metallokonstruktsijah tower cranes are concentrators of local pressure. Them concern:

Elements with sharp difference of cross-section sections; weather vanes of a running frame, a frame of the running cart; fastenings of weather vanes to a ring frame;

Fastening knots raskosov, racks, diagonals, communications and kerchiefs to tower and arrow strips;

Places of the termination of overlays;

Apertures with raw edges (burnt, made); faltering seams, places of suppression of welded seams, their terminations; differences in a thickness of joined sheets; technological defects of welded seams.

At shooting self-propelled cranes of a crack are formed, as a rule: in welded seams of the oporno-rotary device; in places privarki eyes to portal pipes; in places privarki portable support to not rotary part of the crane; in places privarki arms of fastening of an arrow to a rotary part of the crane;

On regiments of zone corners of an arrow in places opirannja it on a rack in transport position according to «to the Methodical grant on technical survey of load-lifting cranes» [75, with. 10 - 13].

In the overturned self-propelled cranes to research come under a condition autrigerov and the fixing sizes of their working pieces (autrigery are used simultaneously as an additional support of the crane and as controlling instrument of a corner of its inclination, therefore the sizes of working pieces autrigerov (their height) depend on a corner of an inclination of an installation site of the crane). By means of corresponding calculations on the basis of data about height of each of autrigerov and depth of their prints in an installation site the corner of an inclination of the crane is defined.

During the data gathering, necessary for an establishment of a cause of accident, it is necessary to examine also the cargoes moving to an event of event. It is thus found out, whether is available on them of the frozen fragments of any material, ice or other stratifications testifying to moving of cargo forbidden способом1 which causes a crane overload; whether exceeded their weight limits of load-carrying capacity of the crane or a safe load at the corresponding start of an arrow necessary for giving of cargo on height.

It is necessary to notice, that the crane considerable safety factor, therefore failure always has can occur only at a considerable overload (over 50 %). However repeated overloads cause failures even at lifting of loads within norm. Definitive finding-out of a cause of accident is carried out by means of complex examination in which manufacture experts specified above specialities participate. Therefore it is expedient to recommend to seal to the inspector the emergency crane and to keep it in an invariable condition before carrying out of corresponding researches.

Survey of a place of accident, event at conducting excavations. If accident has occurred by manufacture of excavations, in emergency trenches and foundation ditches it is necessary to examine both fallen, and the escaped fragments. Thus it is necessary to consider, that the basic measures directed on creation of safe conditions of conducting of this kind of works, are reduced to the following:

Maintenance of stability of walls of dredging by installation of fastenings or the device of a necessary steepness of slopes. The way of fastening of dredging, a steepness of slopes depend on depth of dredging, a kind of a ground and its condition (damp, frozen, friable, stamped and so forth). Reliability of walls of dredging is provided also with observance of some special rules about placing near to dredging of materials, vehicles, structures, etc. [6, item 6.3.1; 7, item 5];

Exception of possibility of working out of a ground in the dangerous way - by undermining (lining);

\'Pri lifting and moving of cargoes machinists of tower cranes are forbidden to tear off a hook the cargo which filled up or has frozen to the earth, put in pawn by other cargoes, fixed by bolts or filled in with concrete [4, item 5.19.23 e].

Regular supervision over a condition of slopes, fastenings - they should look round before the beginning of each change;

Correct choice of type of the cars applied to working out of a ground; appropriate definition of installation sites and types of protections of foundation ditches and tranches, and also ladders for descent of workers to a place of performance of industrial operations;

Tap of superficial and underground waters;

By manufacture of excavations in the conservation zone of cables of a high voltage, a working gas pipeline, other communications - reception of corresponding permissions from the organisations maintaining these communications; carrying out of other actions.

The collapse of walls of dredging is caused, as a rule, that one or the several obligatory (with reference to concrete object) actions was not spent or spent by inadequate image.

To begin scene survey it is expedient from the remained parts of slopes of dredging that will allow to establish their device and conformity to requirements of building norms and rules (on what depth will take out a ground what the maximum steepness of slopes, what their fastening and whether is sufficient its durability, in gruntah what kind trenches are dug; what condition of a ground, whether is not present cracks in trench slopes, on what distance sailings of the taken out ground are located, whether test slopes of tranches of any additional loadings).

Further inspection is come under by the fallen sites of tranches and foundation ditches. At extensive collapses such survey is necessary for spending with sample (full or partial) the fallen ground which allows to establish depth of a trench, a kind and humidity of a ground in.meste collapses, a steepness of its slopes (if one slope has fallen only), and also to investigate a condition of the rests of applied fastenings of slopes of tranches. At survey of fastenings it is important to establish their design, and also a kind of materials of which they are made (breed and quality of wood, the sizes of boards, racks and rasporok, their quantity on the fallen site), a kind of connection of separate elements of fastening among themselves and depth on which they have been established, distance between racks and rasporkami.

At survey of the fallen tranches it is necessary to establish a way of their working out (manual or mechanised) and a special-purpose designation as it essentially influences an estimation of conformity of the dug tranches to requirements of special rules and norms. So, for example, working out rotornym and transhejnym in connected gruntah (loams and glinah) dredging with vertical walls without fastening is supposed by dredges on depth no more than three metres [6, item 5.2.13], instead of ones and a half, as in other cases [6, item 5.2.4].

On different sites of the fallen tranches and foundation ditches it is necessary to withdraw for the subsequent research samples gruntov which will be necessary for court order of their kind and humidity. For comparison samples gruntov from not fallen sites of foundation ditches are withdrawn also. If grunty non-uniform also lie down layers samples of each layer are withdrawn.

Selection, packing, transportation and storage of samples of a ground is made according to GOST 12071-84 [34], the subsequent laboratory research - according to GOST 24847-81 [31], GOST 28622-90 [28], GOST 5180-84 [30, etc.] On a place of survey research is spent according to GOST 26262-84 [32] and GOST 20276-85 [33]. The boards which have kept the form, racks and rasporki are selected both the most deformed, and. If elements of fastenings mismatch shown requirements, they also come under to withdrawal. The greatest value has research of fastenings when the fallen trenches were deeper than five metres. On these samples it is possible to check up durability of fastenings which for such tranches is established by the project.

The establishment of an order of withdrawal of tests and samples, their selection, storage, delivery to a place of carrying out of laboratory researches should be carried out by the expert. Its special knowledge will help to define, proceeding from results of an estimation of all set of circumstances where, how many and which samples (tests) it is necessary to select that they comprised all information necessary for the permission of put questions. Places of sampling and samples are marked on the special scheme.

At survey of the fallen tranches and the foundation ditches developed during winter time usually without fastenings, it is necessary to establish, whether their depth exceeds border promerzanija a ground. If yes, whether that are available in them ought (provided by special rules) fastenings.

To establish the reasons of a collapse of a trench (foundation ditch), it is necessary to examine adjoining sites of district and to find out, whether there is no nearby an exit of subsoil waters or other sources of constant or periodic humidifying of a ground, the bases of various constructions, whether there are no those traces or other designs stored in a zone of a prism of a collapse of a trench, or traces of installation of self-propelled cranes, etc.

If accident is connected not with a foundation ditch or trench collapse, and with falling of the person in earthen dredging it is necessary to fix the fact of presence (absence) of the protections, organised passes and proezdov, illumination, including alarm, warning and forbidding inscriptions or special signs and to establish their conformity to requirements of effective standards and rules [6, items 4.9, 4.10, 6.16, 6.2.11, 6.2.14; 164; 177]. If travmirovanie working in a foundation ditch (transhee) has occurred at falling from edge of dredging of any subject it is necessary to measure distance from assumed.mesta findings of this subject to dredging edge (on available traces and (or) to indications of eyewitnesses), and also to investigate adjoining to a place of event territory about an establishment of presence (absence) of similar subjects (stones, logs, building details, designs and so forth).

Place survey travmirovanija people at nesankshchjunirovannom a collapse of a dismantled structure. During its carrying out the establishment is come under by presence (absence):

Time fastenings, zadelki apertures if the condition of building object demands increase of its reliability necessary for maintenance of safety of conducting of works in the dismantled building or a structure;

Protective floorings, peaks, protections of territory of conducting works and dangerous zones;

Precautionary inscriptions;

Traces of the cutting of house pipes, furnaces, piers and walls (with participation of the expert-trasologa), at certain stages of works - traces of dismantling of furnaces, considering that the cutting of the specified designs manually is forbidden, as well as dismantling of furnaces of a ground floor before full dismantling of furnaces of the top floor;

Protection frames of air networks being near to dismantled building objects;

Protective grid on a cabin of the machinist of the crane at the mechanised dismantling by shock way;

The forbidden connections by a sheaf of a cable for sphere-hammer or wedge-hammer lifting;

Carbines and the safe hooks supplied with safety closing devices, dismantled parts of building object applied to fastening;

Time fastenings in the form of inventory metal podkosov at dismantle karkasno-obshivnyh walls and partitions large blocks.

To establishment also come under: length of cables at dismantling by the mechanised way (at a pulling down of structures in the way "are shaky" length of cables should be three times more heights of a building); places of placing of cars and mechanisms, directions of their movement;.mesta fastenings of steel ropes; an arrangement of zones of pass and shelter of people, and also other circumstances, on the one hand, testifying to deviations from requirements of the special rules regulating manufacture of given works, with another - concerning an event to accident.

Such is an order of carrying out of survey of places of the most widespread accidents in building. By its results (taking into account the given materials of business) the expert solves the questions connected with presence and character of deviations, the works admitted by manufacture in which course there was an accident and starts an establishment of presence (absence) of causal relationships between them and an event event. The third investigation phase consists in it. Thus it is necessary to consider that logic device with which help the specified communications can be established.

First of all, it is represented expedient to pay attention to how the questions connected with an establishment of a causal relationship which are put on the permission of the expert-builder as it in many respects defines a direction of the researches which are carried out by the expert are formulated. At all variety of questions it is possible to allocate their following groups.

Questions of the first group in a general view focus the expert on a causal relationship establishment between two events (actions, the phenomena). For example: whether «There is a causal relationship between a wall collapse erect - mogo buildings and carrying out of excavations in immediate proximity from the specified building object?».

This group of questions is characterised by that in them processes are designated (a collapse of a wall and carrying out of excavations), presence (absence) of a causal relationship between which matters for business and consequently comes under to an establishment. The problem of the expert in this case - to solve, whether there was a process of carrying out of excavations by a necessary condition of a collapse of a wall. In the resulted example presence of corresponding processes is established investigatory by even before examination appointment, and data about them are perceived by the expert as initial.

In other cases the expert should establish preliminary presence of any circumstance and reveal presence (absence) of a causal relationship with other circumstance (process, the phenomenon). Then the question can be formulated as follows: whether «Have been admitted during conducting civil work on a site And deviations from requirements of special rules? If yes, which? Whether these deviations in a causal relationship with the come consequences consist?». The expert should, realising the special knowledge, at first to establish deviations from requirements of special rules and only then to establish presence (absence) of a causal relationship with investigated event.

It is possible to carry the questions formulated as follows [65] to the same group: whether «There are deviations from requirements of special rules in actions of the persons who were carrying out industrial operation on a building site, and if yes, what communication of these deviations with an event event?";"if the system stropovki cargo was in failure condition at the moment of its lifting it had what influence on a course of the further events?";"the admitted deviations from requirements of special rules had what value for the given accident?";"what role absence of direct visibility between the crane operator and the slinger in creation of conditions of an event of accident has played?";"how malfunction of the elevating mechanism on the terms of conducting works in which course there was an accident was reflected?";"how admitted from -

stunlenija from requirements of special rules promoted occurrence of a dangerous situation on a building site? ».

In spite of the fact that in the resulted questions the expert is focused not only on revealing of the fact of presence of a causal relationship, but also on an establishment of its signs, he should perceive them as equivalent to a question on causal relationship presence, whether in which instead of words «are available?» Words «what are used? What?». Such approach to the decision of questions of the given kind is caused by that at their formulation the body or the person appointing examination, does not explain what means under a word «what?». This circumstance focuses the expert on infinite transfer of semantic variations of the specified word. The direction of the petition to the inspector (court) with the request can be alternative to the given approach to concretise the brought attention to the question.

Questions in which one is underlined not concern the same group, and some the initial phenomena at one end result. Thus it is required to establish presence of a causal relationship with consequences of each of the initial phenomena. For example, if travmirovanie the worker has occurred owing to element destruction siste.my hot water supply [129], before the expert can be put following questions: whether «Is the event an action consequence on the corrosion pipeline; a consequence of inadequate installation of system of heating; result of influence on system of water supply of negative temperature?».

Sometimes in a question the final phenomena and one initial are designated some. Thus it is required to reveal, what of the final phenomena has been causally connected with the initial.

In some cases in a question the final phenomena which could be causally connected with data initial, for example are designated some: whether «Could affect process of formation and development of cracks in a bricklaying of an external wall of a building, and also to cause destruction of fixing knots of a design of building woods such factor, how conducting kamnedrobilnyh works as the mechanised way in the nearest foundation ditch?».

One of variants of questions of the first group are questions which focus the expert on an establishment of possibility of approach of one event in the absence of another. For example: whether «Will occur shvatyvanie cement races -

tvora in a bricklaying within three hours (days) if the temperature of external air fluctuates in limits from-8 to-2 With ° provided that into the specified solution were not entered protivomoroznye additives? ».

Here, as well as in all questions of the first group, two events are named and it is required to establish, whether there was one event by a necessary condition for approach; another, however specific lines of such questions on closer examination come to light. The purpose of expert research consists in this case not in causal relationship revealing between events, - and in an establishment of the certain (designated) phenomenon on the basis of laws causal? Communications. Really, at statement of a question on possibility shvatyvanija (transition in a firm condition) a cement mortal in certain conditions the inspector aspires to establish, whether the brick wall the durability necessary for perception of those or other loadings (for example, from casual shock influence by a board possessed svezhevylozhennaja at dismantle podmostej [66] or opirannja on it overlapping plates).

The conclusion of the expert that the cement mortal could not type under the specified conditions of certain durability, is equivalent to the statement that the erected wall does not represent the uniform rigid design, capable to resist to certain loadings not collapsing.

Questions of the second group can be formulated as follows: «That is the reason (a necessary condition) approaches of certain event?».

Unlike described above situations when to the expert both phenomena are known, the causal relationship between which comes under to an establishment, in this case to the expert is informed only on final event. In practice type formulations are most extended: «That is the reason (what reason) collapses of walls of a foundation ditch, a trench, this or that design or a fragment of a building (structure), falling of moved cargo, etc.?».

The given group of questions focuses the expert on an establishment of technical aspects of a causal relationship. Their version are questions, answering on which the expert considers not technical, but organizational aspects; about -

isshedshego events. So, often enough the inspector (court) can set questions on the event reason thus, that actually the reason is already established during the investigation. So, for example, it is already known, that at dismantle (dismantling) of a shabby wooden building travmirovanie workers has occurred because of unexpected (for executors of works) collapses of this building. Nevertheless, such question before the expert is put. In this case it is necessary to understand it first of all in organizational-technical aspect and to establish the following. Whether the appropriate sequence of dismantling of a structure has been observed? Whether there were heads of works and their direct executors are trained and certified when due hereunder? Whether the way of dismantling taking into account a condition of a structure, dimensions, a kind of materials of its walls has correctly been chosen? If the specified way has been chosen correctly, whether the requirements shown to its application [7 were observed; 125; 445] etc.

In a considered case the expert can, carrying out own researches to establish the reason of not authorised collapse of a structure (it can be, for example, loss of stability of all design of object of that its basic component first of all has been dismantled), but, mainly, its attention should be concentrated to conditions which promoted an event to event.

In a number a case before the expert bring an attention to the question not about the event reason, and, on the contrary, about the reason of why expected event has not occurred. For example: «For what reason has not worked the terminator of a corner of turn of an arrow of the tower crane?»; «than to explain, what at switching-off from a food of an electric equipment of the blade of a concrete mixer continued to rotate in operating conditions?».

Questions of the third group can be expressed in the following form: «What possible consequences of this or that phenomenon (event, action)?». They are characterised by that is informed the expert data only on the initial phenomenon (event) and it should on the basis of its signs and knowledge of laws of a causal relationship to establish the consequences, interesting the inspector or court. Thus speech can go about an establishment:

Consequences already come, but still unknown to the body (person) who has appointed examination, for example: «What action was rendered by explosion of an acetylene cylinder on a design of an erected building?»;

The consequences which have not come yet by the moment of the beginning of expert researches, but expected, for example: whether «there Will be a building collapse at action of the factors caused by errors, admitted at studying of a geounderlying cause of territory of its erection?»; whether «the cracks which have arisen in designs of the erected building tend to development, and whether it will lead to loss by designs of the bearing ability?».

Such questions have prognostichesky character. The forecast in this case never can be absolutely exact as the expert does not know, whether those conditions which influence object of research will be kept in an invariable kind, whether other factors of influence on investigated object will be introduced. All it causes likelihood character of answers of the expert on questions such.

Questions of the fourth group in a general view can be formulated as follows: whether «the reason, a consequence or a causal relationship between certain events (phenomena) Possess the given signs?». This group includes questions on, whether the causal relationship (or the reason) is direct, direct, necessary, sufficient and so forth At the decision of such questions to the expert before to answer, it is necessary to open concept of a "direct" causal relationship, "direct", etc. as the inspector (court) and the expert can understand their maintenance differently.

In some cases the put questions focus the expert on an establishment of signs of a causal relationship by instructions on links of which there is a causal chain, i.e. by a designation of the mechanism of development of a causal relationship. So, for example, if type questions are put: «What influence had non-uniform warehousing on the area on podmosti pallets with bricks on stability of a design of the last?»; «how the admitted deviations from requirements of special rules have affected occurrence of a dangerous situation on a building site?», the expert should describe the mechanism of how the reason has caused a consequence in the conclusion.

Questions of the fifth group can be expressed as follows: «What of two events has occurred earlier?». Despite the fact that what the expert is thus focused on an establishment of time characteristics, the question on causal relationship presence, on cause and effect finally is solved. Reshe -

є such questions enters into the competence of the experts specialising on research of building products, designs and materials. Before them following questions can be put: «What damages have arisen on bearing designs of a structure before its destruction, and what after?»; whether «the wall of a foundation ditch prior to the beginning of conducting works on pipeline packing could fall?» Etc.

Questions of the sixth group in a general view can be formulated as follows: whether «There was a possibility to prevent an event event?». Their statement is caused by that maintenance of safe and accident-free working conditions on that site where there was an accident, enters into duties of a wide range of persons (it and the direct executor of industrial operations, and also foremen.mastera, construction superintendents, etc.). Each of them has the direct duties reflected in duty regulations. If by the expert it will be established, that possibility of prevention of negative event existed and that for this purpose it was necessary to execute certain actions investigatory by it is possible to establish, whose actions were inadequate or what person stayed idle in need of performance of certain actions.

Sometimes the question on possibility of prevention of dangerous consequences is formulated so, that such possibility is not mentioned, however it is meant, for example: whether «there Could be a collapse of a building from force majeure which has grown out of shift of layers of a ground?». It is obvious, that a recognition of any phenomenon force majeure to equivalently statement about impossibility of prevention of dangerous consequences.

Questions of the seventh group are directed on a possibility establishment to expect negative consequences of certain actions. They can have the various form, for example: «Since what moment construction superintendent A should estimate conditions on a building site as dangerous?»; whether «preparation of master B allowed to expect the consequences caused by dismantling of the bearing wall of the reconstructed building?».

Summing up to consideration of various groups of questions of this sort, it is necessary to notice, that frequently they are put before the expert in the generalised form. In such cases it is necessary pereformulirovat to (detail) them and properly to motivate this action.

Having systematised questions put before the expert, it is necessary to define ways of their decision taking into account the restrictions caused by limits of the competence of the court expert.

The expert can establish only that reason (to investigate only that fragment of a causal chain) for which studying its special knowledge in the field of building is necessary, thus that the establishment and research of all cause and effect events, processes, the actions which have led to a negative consequence, demands participation as experts of other specialities, and the persons spending investigation. We will consider such example. Assembler V working at height with use of a belt of safety, at transition from one workplace on another has stumbled and has hung on the specified belt. Last has not sustained loading and has broken, there was a falling of the worker and, as consequence, it travmirovanie. Having investigated together with the expert-materialovedom the damaged belt of safety, having carried out necessary calculations and comparisons, expert by it is possible to establish the mechanism and the reason of its breakage. Having defined its condition, and also characteristics of a mode of operation and storage, periodicity of tests, having studied features of production and a condition of a workplace of the victim, the expert-builder can establish the conditions promoting rupture of a belt. The conclusion about the technical reason and organizational conditions of an event will be result of the spent researches. However on a question «what reason of falling V from height?» The expert of the given profile to answer has not the right. Here there could be many reasons and conditions, including operating as a group (for example, deliberate creation of a situation in which the unusable belt to operation has been given out the victim, propensity to a suicide, recklessness, state of health of the victim before event, its condition taking into account presence (absence) in blood of alcohol, narcotic substances, characteristics of reaction to sudden noise, a hail etc.) . Their establishment - out of the competence of the expert-builder. Its limits also define in many respects a technique of expert research, from a number of circumstances of an event those for which studying the specified special knowledge is required are allocated only.

It is necessary to notice, that the list of kinds of the causal relationship described in the special literature, it is wide enough. It is necessary to name such kinds, as consecutive, parallel, concentric and circular [488, with. 38]. We will consider them with reference to problems judicial building-technical expert appraisal.

Consecutive name such causal relationship of events at which one event (action) causes another, another - the third Etc. to what leads to a negative consequence. Such communication can have as organizational, so: and technical character. In the first case the order (order) which maintenance contradicts effective standards and rules can become such event or has the general character (without detailed elaboration of ways of its performance), however focusing its executors on performance of those or other industrial operations "quickly". Such order can be transferred g from the head of the building organisation - to the chief engineer, from it - to the chief of a site, then the construction superintendent, the master, the foreman and, so to direct executors. In process of order advancement "from top to down" it gets a certain reality which comprises those simplifications of production which accelerate its current, increasing degree of risk for executors. If similar "rush work" comes to an end with the event demanding criminal investigation, the expert (as a rule, at participation in interrogation of the persons occupying different position in office hierarchy of the organisation) establishes, which deviations from requirements of special rules contained in formulations of the orders given consistently by one person to another and as they are causally connected with investigated event.

Technical aspect of concept «a consecutive causal relationship» - original analogue of concept «a direct causal relationship». With reference to judicial building-technical expert appraisal matters consecutive privnesenie in production of a different sort of deviations from requirements of regulations, norms, rules. So, for example, to formation of through vertical cracks * in a bricklaying can precede:

Use of poor-quality clay; inadequate quality of entered organic additives; non-observance of technology of heat treatment of a raw; improper storage and transportation; non-observance of technology of a laying;

Untimely and non-uniform loading on a brick design.

Such communication when a little independent under the relation to each other communications generate one general reason is parallel. So, for example, it can be, on the one hand, long process of corrosion of the metal pipeline - an element of system of hot water supply, in the absence of an appropriate mode of operation led to that the thickness of its walls has reached fragments of 0,5-0,7 mm; with another - repair work in which course shock influence on a fragile wall of the pipeline is supposed. Result - a thermal trauma working.

The causal relationship at which one factor is a source of the several reasons revealing in parallel and causing one general reason is concentric. So, attraction to building nekvalifitsirovannyh on sites where the experts prepared in appropriate way should be involved, conditions, at which industrial operations, including installation of building designs, are carried out by inadequate image, and nonprofessionalism of such persons is expressed in absence of ability in due time to define presence of dangerous factors and adequately to react to them. As a result these workers happen are injured by "fruits" of the work. Differently, one factor (absence of qualification) generates two chains of the phenomena, one of which is caused by default of rules of conducting building, another - non-observance of rules of a labour safety. They become isolated on one event - accident.

The circular it is necessary to consider such causal relationship at which the sequence of actions, the working operations which are carried out with deviations from requirements of special rules, has cyclic, repeating character, however set of performance of such actions does not lead to negative event until any new negative factor either those or other conditions of an event will start to operate will not change the characteristics. So, for example, at enough experienced workers who are carrying out verholaznye works, the natural fear before height in due course becomes dull, and they, as a rule, move from one workplace on another without the insurance, i.e. not using a belt of safety with a cable, and make it day by day, from year to year without any damage for itself. Here any more does not work a rule considering ability to a certain reflexion of the usual person: It is easy to pass on a board laying on the earth, and completely not simply to make it, if a board - over a precipice. Skilled spidermen go «over a precipice» the same as but the earth, and do it until in an event conditions at which the safety belt becomes necessary will not be introduced, but is not used. Enough that the surface of this or that design has become covered naledju and the design had insignificant (not appreciable to an eye) a bias towards difference of heights. The majority of similar traumatic events occurs so or approximately thus.

The resulted list of kinds of a causal relationship is not, certainly, settling. Exist and can be offered the various bases for creation of corresponding classification systems, and than better the expert - the builder will be informed in this area, especially full and in details he can characterise investigated events.

Further it is represented expedient to consider an order of the Decision the expert of some questions connected with causality by manufacture of examinations of the given kind.

The decision of a question on causal relationship presence between the events established by a consequence (court). In this case the expert establishes, whether there was one event by a necessary condition for approach of another. For this purpose it mentally excludes checked event (failure, action) from a train previous it and the subsequent events and models consequences of such exception. Carrying out this action, it is possible to receive not only positive or negative, but also the intermediate result when at a mental exception of certain event (factor) the result would come, but on time and parametres would be a little bit other, than investigated event. Criterion of an estimation of such result is that value which it can have for correct adjudication. So, for example, if by the expert it will be established, that impulses of a wind have not rendered and could not render any influence on stability of the tower crane, which falling became a criminal investigation subject this factor is defined as insignificant and he can be neglected. If force of a wind is comparable to that loading which is limiting for stability of a design of the crane it is necessary to consider this circumstance essential and the account of this factor in the further research is necessary.

The great value for practice has possibility of the decision the expert - the builder of a question on causal relationship presence between known events on the basis of data about their time parity. Solving this question, the expert first of all defines sequence of events, then reveals their interrelation, character of influence of the first on the second. We will result such example.

During installation works at lifting by a truck crane of a ferro-concrete plate there was a separation slings and as a result cargo falling have been injured the slinger. During research slings as on a rupture site, and but all length as a whole have been found out a number of damages. Before the expert-metallovedom, and the attention to the question on the nature of an origin of these damages has been brought the expert - the builder - a question on when they could be formed - to, during time or after incident. Results of research have shown slings, that damages have the thermal nature, and character of changes of structure of metal in a rupture place is that, that 2/3 quantities of the steel cores (wire) which texture forms working section slings, have completely lost the ability to perceive stretching efforts not breaking. On the basis of these given it was simple to expert-builder to draw a conclusion that such damages could not arise during operation slings, and considering that fact, that after incident it was stored in a mode excluding external thermal influences, - to establish, that these damages have arisen before event.

The specified circumstance has allowed the expert to reconstruct the event mechanism, and the carried out calculations - to confute reliability containing in materials of business of data that before plate lifting lifting of control cargo has been carried out. Conclusions of the expert have allowed to define also a circle of persons, whose duties included check of the equipment necessary for manufacture of installation works. We will notice, that the following fact subsequently has been established: before investigated event in a wooden structure where slings were stored, there was a fire, and this circumstance has explained an origin of damages of thermal character. At all diversity of the spent expert researches the logic basis of the received conclusions were data about a time parity of the circumstances which have caused partial loss by slings of prochnostnyh of characteristics and an event event.

The considered example represents a case when necessity of use of special knowledge of a time parity of events defines a technique of the research directed on an establishment of a causal relationship between them. If data for realisation of such approach insufficiently, the method of an exception specified above is used. When the attention to the question on a causal relationship is brought the expert-builder between actions, inactivity or inadequate actions of participants of the building manufacture expressed in non-observance of any requirements of special rules, and the come consequences as excluded event the fact of deviation from requirements of rules acts. The exception is expressed that research is spent by the expert by.modelirovanija situations at which the broken rule (norm) would be observed.

In more details work of the expert at use of an exception method by it (meaning an example considered above) it is possible to present as follows:

1) the mechanism of an event of event (lifting of loads, breakage slings, cargo falling) is mentally recreated;

2) are studied signs (circumstances) of the phenomenon, the causal relationship between which is established (comes under to check): on the basis of business materials it is defined, that cargo was not (could not be) frozen to the earth, rose smoothly, without jerks; presence on slings of damages is established, the thermal nature of their occurrence, degree of influence of damages on prochnostnye characteristics broken slings is defined;

3) the time parity of the phenomena - the period of formation of damages slings and the moment of its breakage is defined. Result of the given researches - a conclusion that damages were formed prior to the beginning of lifting of loads;

4) the initial link of a checked causal chain is mentally excluded: the situation at which a sling would not have damages is modelled;

5) it is established, whether the same law in absence of the excluded phenomenon will keep force. Result - a conclusion that in the absence of the revealed damages on a sling its breakage would not occur;

6) the conclusion about a causal relationship between checked circumstances is formulated: causal relationship presence.mezhdu is established by damages

Slings and an event event, and also between it and deviations from requirements of the special rules providing measures, directed on bar of claim by lapse of time of use (operation) of equipment which is in an inadequate condition.

With mental exception it is contrasted real (skilled) - experiment. To it resort when mental modelling does not allow to consider all significant for business of nuances of an event of event; the Real exception should be spent with, the account of the requirements shown to use of a method of unique distinction, namely:

1) experiment should consist of two experiences differing among themselves only by that in one of them the checked phenomenon is excluded, and in other - is reproduced; all other essential to event, circumstances should remain in that kind in what they were in an investigated situation;

2) the excluded phenomenon (circumstance) should not be replaced with another, even the homogeneous;

3) the conclusion about causal dependence of the checked phenomenon and result becomes on the basis of comparison of results of two experiences;

4) distinction of results is not considered by the expert only when it cannot obviously have value for business. In other cases, speaking about absence of a causal relationship, it is necessary to show character of the distinctions caused by an exception of checked event (circumstance).

With reference to the accident considered above caused by rupture slings at lifting of loads, the expert experiment, which purpose could be made - the establishment of ability slings to resist without rupture to the loading arising at lifting of loads which weight would correspond to cargo weight in an investigated situation. Thus within the limits of experience carrying out it would be used a sling without damages (its other characteristics should be same as at investigated slings).

Having convinced, that a sling maintains the specified loadings, it is necessary to start the second experience at which carrying out ispytuemaja a sling should be weakened to a condition of the investigated. It it is necessary for this purpose "rasplesti", then to "have a bite" those steel strezhni (wire) which have lost the prochnostnye characteristics at investigated slings as a result of the thermal

Influences, then again to "weave and subject to the same loadings. Alternatively these actions can use to a sling, having the same prochnostnye characteristics, as coming under to research"weakened"a sling. In the event that earlier carried out calculations were true, prepared thus a sling at carrying out of the second experience will not stand test« on rupture »under the set conditions.

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When the expert has bases to consider, that the event to event was promoted not by one, and some conditions the corresponding experimental situation is modelled. So, for example, if the second experience described above, has shown an inaccuracy before the spent calculations and a sling would sustain the set loadings a little bit other version of an event which would assume could be put forward and subjected experimental check, that it is caused not only «thermal easing» sections slings, but also the "not standard" character of the loading which have been not provided by service regulations of the load-lifting mechanism described above. In a course about -

f - Conducting such experiment the first experience would consist in test «oslab

lennoj »slings at uniform loading and after that - at the loading which character would correspond to a mode« drawings of cargo "," a separation of the frozen cargo "," lifting by jerk »and so forth Results of experience with bolshej probability degree would show, which mode of lifting of loads was under the circumstances which have caused proisshedshy accident.

Establishment of the reason of known event. Recognising that each concrete consequence the expert has the certain reason, having studied an event event, can establish its reason if, certainly, to it laws of the investigated phenomena are known.

It is conditionally possible to present the general scheme of process of the decision of such problem

As follows.

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At the first stage the expert studies signs of the event which have become by a subject of criminal investigation.

Special value has ability of the expert to allocate initial signs in their greatest possible completeness, having separated thus other signs not concerning a solved problem. That this stage issledova

nija was the most effective, it is necessary to study not only actually object of research, but also a condition of occurrence and development of the processes which have led to investigated event.

So, at natural researches of a place of a collapse of a fragment of an erected panel building the expert should study consistently structure of a concrete stone of panels, a kind and mark armaturnyh the cores forming a skeleton of panels, a kind and quality of their connections; presence and marks of mortgage details to establish the fact and quality zamonolichivanija joints between panels. The revealed signs in their set allow to pass to the second stage of research on which expert hypotheses (version) about the reason which could cause a given result are built.

If event is caused first of all by organizational lacks (absence of illumination, the protections, obvious deviations from requirements of special rules, as, for example, in the case described earlier sbrasyvanija heating radiators on foot road without acceptance of any security measures, etc.) the expert version is under construction on detailed elaboration, concrete definitions of investigatory versions. If the technical component in event (a collapse of walls of a foundation ditch, a building wall prevails; breakage slings or sudden destruction of a hook on which lifted cargo fastened) investigatory version can not be at all. In such cases «development of the expert version is almost entirely defined by signs of the phenomenon accepted for result» [416, with. 57].

Construction of expert versions demands the account of "plurality of the reasons», i.e. that circumstance, that similar results can be caused the various, independently operating reasons. This circumstance causes promotion of several versions at the given investigation phase which can be equivalent, equally proved. In a considered example the reason of a collapse of the wall consisting of panels stacked against each other, can be: non-observance of vertical position of a compound design of a wall; it is inadmissible low durability of concrete of which panels are made; inadequate reinforcing of panels;

Their insufficiently rigid fastening among themselves;

Non-uniform a ground procorf under the base of a structure in process of increase in loadings at installation of panels.

Then the expert narrows a circle of the possible reasons, excluding from the list of the established circumstances concerning what it is known, that they could not influence an event event, and allocating those circumstances which could form event conditions. So, results of laboratory researches of a concrete stone armaturnyh skeletons, mortgage details (them prochnostnyh characteristics, correctness of connection and a relative positioning) can testify to their high quality. Carrying out of investigatory actions (interrogation of witnesses, investigatory experiment and so forth), studying of magazines of conducting works, an establishment of a skill level of the workers who were carrying out installation works, their heads can testify that at wall erection its vertical position was provided and supervised properly.

Thus, to the list of the excluded circumstances has not got non-uniform a ground procorf.

The third stage of expert research is connected with an establishment of those signs which the phenomenon-consequence if operated any of the checked reasons should have. Tool gaugings of level of an arrangement of the base show its non-uniform to a deposit.

At the fourth stage the expert checks presence in the phenomenon-consequence of those signs which are designated above. If they are not present, the prospective reason should be denied. In a considered case are investigated grunty subfoundations, their uniformity, the nature, humidity, ability to maintain demanded loadings in the freezed condition, at a saturation a moisture during snow thawing, in a dry condition and so forth Results of researches confirm a conclusion about non-uniform a procorf of the bases of an erected building as about the reason of an event of event. Then the circle of persons which duties included maintenance of appropriate performance of the works connected with a choice of a platform under building and working out of actions, considering specific features of a ground is allocated.

At the fifth stage the conclusion about the reason is formulated. Its logic structure is that: if in the come event there are the signs, corresponding a prefloor

gaemoj to the reason the version is true if such signs are not present - the version is erroneous to search also to expert CJieaye1F for new versions about the incident reason (reasons).

The establishment of a consequence of known event includes revealing of signs of consequences of investigated event and their branch from others (similar C them) signs. So, for example, at a collapse of support of a line of electrosupply, overturning of the load-lifting crane, falling of lifted (mounted) building designs it is necessary to separate those damages which have received the specified objects of expert research as a result of an event event, from the signs comprising the information on occurrence and development of process, led to negative consequences. Such researches should be spent in a complex, together with experts-trasologami and experts-materialovedami.

In some cases the expert should establish consequences of the certain phenomenon, to observe which owing to objective causes it is impossible. To establish these consequences, it is necessary to lean against knowledge of laws of this or that causal relationship. As a rule, such position develops in situations when it is considered, on the one hand, this or that process connected with erection or operation of building objects, with another - the negative phenomenon caused or inadequate actions of persons, responsible for this or that stage of erection or operation of building object, or action of forces majeure (earthquake, landslips, change of characteristics of a geounderlying cause, downpours, tornadoes, etc.).

Defining a consequence, it is necessary to know at least the general character of the phenomenon (event), interesting the body (person) who has appointed examination. Without it research is impossible: each phenomenon generates set of others. From here becomes obvious, that from the very beginning it is necessary to mean the list of those phenomena which interest the inspector (court). The corresponding information should contain in an adjusting part of the decision about appointment judicial stroitelnotehnicheskoj examinations. Exceptions can constitute only cases when character of a required consequence can be established only after research of signs of event-reason by means of special knowledge and the equipment.

Revealing of signs of event-reason can sometimes be spent by experts of one speciality (narrow specialisation), and definition of consequences of this event - another. So, for example, a clod - nonenta additives in a concrete mix the judicial chemist, and consequences of its introduction in a mix - materialoved can define the nature (chemical compound) of this or that. Knowing signs of the phenomenon-reason and the general character of a consequence, the expert-builder, using the data, the named specialities received by experts, can formulate a conclusion about the come (possible) event.

Modelling the event expected in the future, the expert should define

*

Circle a consequence; which can matter for correct adjudication. After that studying is come under by signs of the event which consequences are necessary for establishing. So, for example, if research is come under by the building "preserved" by inadequate image or a structure the expert establishes the signs testifying to influence on it following negative factors:

The moisture of external air which gets into a time of a plaster layer, a bricklaying, ferro-concrete designs and so forth At negative temperature of external air occurs its freezing in a body of a finishing material or a design; the ice which fragmentary volume exceeds is formed ob - f I eat a material time; the pressure, which size on opre arises and develops

delennom a stage becomes equal prochnostnym to characteristics of a building material, and then exceeds them. Result of such process - partial (superficial) destruction of designs and fragmentary destruction of a finishing layer. In metallokonstruktsijah without an anticorrosive covering arises and process of corrosion which leads to decrease in their bearing ability develops;

biovozdejstvt: for the "thrown" unexploited objects it is characteristic "zarastanie" designs a moss, a grass; wooden designs are subject to decay influence, in them a fungoid time is formed, is got and quickly the bug-grinder, etc. All it extends leads to decrease in bearing ability of constructive elements;

Storm and thawed snow impound the base, fill basement pome - * shchenija, accumulate in the basis of the bases, that fatally influences stability

All design of building object in whole (warps of the window and door boxes, certain position and character of formation and disclosing of cracks can testify to it in bearing and protecting designs etc.).

On the basis of the data received during natural researches, and possessing knowledge of laws of occurrence of a causal relationship between influence

Negative factors and character (dynamics) of destructive processes, the expert can define consequences and time of their approach in the event that conditions of preservation of building object will not be changed.

Establishment the basic and the immediate cause, the decision of a question on direct character of a causal relationship. As it has already been noted, the immediate cause is understood as the phenomenon constituting that link of a causal chain which "adjoins" investigated result.

To steam rooms in relation to concept "immediate cause" the concept "principal cause" is. « Actions of principal causes create a dangerous industrial situation, - marks V.I.Zhirjutin, - and "work" by means of influence of other factors. The direct reason directly leads to a traumatic case »[488, with. 59-60]. So, breakage stropovochnogo a cable of the load-lifting mechanism leads to falling of cargo which with great dispatch influences the person being under it and injures it. Inadequate technical supervision of operation of elevating means, excess of norm of load-carrying capacity of a cable, inadmissible ways of lifting of loads, and the immediate cause of consequences - mechanical influence of the fallen cargo on a body of the person can be principal causes here. Between the specified reasons«... There is a close dialectic communication. After all the immediate cause is some kind of a principal cause consequence. For example, explosion of a steam copper as a result of excess of pressure pair (immediate cause) could be a consequence of wrong instructing of firemen under copper service regulations »[488, with. 61].

The sequence of actions at an immediate cause establishment will be following:

1) the event which immediate cause comes under to an establishment is defined;

2) events (the phenomena, actions), previous investigated event are defined;

3) the sequence of these events (the phenomena, actions) is defined;

4) it is established, whether form the phenomena a uniform causal chain;

5) the phenomenon (event, action), the closest to result, is defined as the immediate cause.

Let's consider the following case from практики1. The Ancillary worker alone assorted podmosti (under the instruction dismantling should be carried out only by two workers) after the termination of the next stage of a bricklaying of external walls on the ninth floor of an erected building. Trying to separate one of the boards, were a flooring element, the worker has pulled it on itself then the board, leaning against a certain point, has turned to original "swing". The worker could not keep it in balance, and a board, falling, a reserve svezhevylozhennuju an external brick wall, having beaten out three bricks which mortally injured the worker-builder passing near to a building.

The event which immediate cause comes under to an establishment, is actually travmirovanie the passing worker. The events preceding it, represent a uniform causal chain. It is necessary to find out, whether the specified events by necessary and sufficient conditions of an event were. Such condition in which absence investigated event would not occur is necessary. It is possible to present its separate fragments as follows:

Attempt of the worker alone to disconnect a covering element podmostej

(Board);

Loss of balance by a design «a board - podmosti»; board falling;

Shock influence by it on svezhevylozhennuju a bricklaying at inability of a laying to sustain shock loading;

Loss of bricks from a laying, their falling on nearby territory; passage near to an erected building of the worker; crossing of trajectories of falling of one of bricks and movement of the worker; travmirovanie the last.

Becomes obvious, that if mentally to "clean" one of events (circumstances) tragedies would not occur, hence, all of them are necessary.

\'Ekspertnoe manufacture № 1016/19-7. Archive RFTSSE at Ministry of Justice of Russia, 2001

Sufficient condition name the circumstance which presence causes the given consequences. In a considered causal chain of events each previous event was sufficient for approach of the subsequent. Thus, the event grows out of actions of necessary and sufficient conditions (factors, circumstances, events), that allows to speak about causal relationship presence. Defining the event immediate cause, i.e. ustanavli -

* vaja, what phenomena on time "closely" adjoined actually traumatic event, we will see, that those were, on the one hand, brick falling, with another — last phase of movement of the victim on the trajectory which have coincided with a trajectory of falling of a brick. The in itself establishment of the immediate cause in this case has no any independent evidentiary value. The conditions of an event established by the expert, namely deviations from requirements of special rules which, on the one hand, forbid analysis podmostej alone have such value, with another - forbid workers «aimless moving on building site territory», let alone

4 volume, that a zone where vozhmozhno falling of subjects, should be corresponding about

It is at once protected, and all being on a building site should be in helmets [6, item 5.13].

Solving a question on, whether the causal relationship between known events of a straight line is, the expert establishes, whether is among links of a causal chain such which would change the natural current of events caused by the initial phenomenon. The decision of the problem connected with an establishment of presence (absence) of a direct causal relationship, is reduced to the following:

1) studying of the mechanism of approach of the event which has become by a subject of criminal investigation; revealing of the intermediate phenomena in relation to initial and final;

2) allocation from among the intermediate those phenomena (events, actions, about -

* stojatelstv) which matter both for the correct decision of an expert problem, and for business in the whole;

3) an establishment of a time parity of the intermediate phenomena;

4) a mental or real (experimental) consecutive exception (change depending on character of other expert versions) each of them, since the phenomenon closest to result;

5) definition of that, there would come the same result at the specified exceptions;

6) a conclusion formulation about presence or absence of a direct causal relationship depending on stability or convertibility of consequences at an exception of "the intermediate phenomena».

Considering with reference to the decision of the set problem the example resulted above, we will notice, that for an establishment of a link of a causal relationship which could change a natural course of all listed events, it is necessary to call in question reliability of data on an event in all their set except for an end result, considering thus and that circumstance, that all mechanism of events has been simulated on the basis of indications of the unique person - that worker who alone dismantled podmosti. Having accepted the version of the inspector for "natural" succession of events, the expert for convenience of formation of sequence of the actions directed on a consecutive exception of each link of a known causal chain, can put forward the counterversion that no "casual" shock influence by a board on a wall existed, and there was an influence of other sort, or bricks (not from the laid wall) have been simply dumped on a head of the passing. Such counterversion with its variations has no purely "expert" character, however its promotion is admissible, as by anything other, except as mental reception, it is not.

By carrying out of expert experiments, sampling with their further laboratory research it is possible to establish the following:

Whether probably at a certain relative positioning podmostej and an external wall during dismantle podmostej alone involuntarily to strike "dot" blow to a wall;

Whether is the parity of force of blow a board and prochnostnyh bricklaying characteristics sufficient that some bricks could be beaten out blow;

What the trajectory of falling of bricks if they have really been beaten out by a board, whether coincides a place of falling of bricks with a place travmirovanija the passing worker;

Whether really fallen bricks, including to what the trauma has been put, were a fragment of that bricklaying which has tested shock influence.

If results of these researches show, that events developed a little differently, than "natural" (for example if the trajectory of falling of "skilled" bricks shows, that bricks have been pushed out"with application of the force considerably exceeding those which could be enclosed the"missed"board, or it will be established, that they could be withdrawn only from a laying and are thrown"in a big way"), the expert can establish absence of a direct causal relationship and if"natural"character of an event it will testify to a direct causal relationship by practical consideration proves to be true.

Establishment of necessary or casual character of a causal relationship. «A brick unexpectedly... To anybody and never on a head will fall down», - the hero of known product of the classical literature [216 approved, with. 20]. The question on necessity or accident is one of the most disputable with reference to problems of causality both in the right, and in the expert testimony in court theory. At the same time it is often enough put before experts - builders and consequently, from our point of view, the last should have accurate enough idea about what sense can be enclosed in this question in a general view and how it can be concretised the expert with reference to those or other circumstances of criminal case. Z.M.Sokolovsky believes, that the given question has semantic aspects by which consideration the establishment is come under by the following:

1) whether was the come consequence obligatory, or it could and not come (it is meant, that at compulsion of consequences the causal relationship is necessary, and at them neobjazatelnosti - casual);

2) whether have created certain actions (inactivity) danger (real possibility) approaches of harmful consequences, or "extraneous" actions (inactivity), circumstances (the causal relationship - necessary is meant, that in the first of these situations, and in the second - casual) for this purpose should join;

3) in what percent of cases in a considered situation there comes the yielded dangerous result (it is meant, that at the big percent of cases it is conditionally possible to consider a causal relationship necessary, and at small - casual);

4) what role various circumstances in approach of a dangerous consequence (it is meant, that the causal relationship of a consequence with a primary factor will be necessary, and casual - with minor) [497 have played, with. 310-315].

TO "

Solving a question on, whether the event which has become by a subject of criminal investigation was inevitable, whether the expert defines, first, there was an objective possibility to prevent an event; secondly - or unconditional approach of harmful consequences was conditional.

If to neglect the unique situations connected with acts of nature [67] or sudden turbidity of mind, loss by the worker of consciousness and so forth it is possible to approve, that all accidents, failures in building are caused by deviations from requirements of the special rules regulating that production or working operation, in a course koto -

# ryh there was a negative event. Hence, the expert-builder should recognise that (with rare exception) in all cases there is a possibility of prevention of incident. Certainly, this statement does not extend on all set of consistently occurring events previous what became an investigation subject. Last stage, as a rule, has character of irreversibility, inevitability. So, for example, the lost stability and the vertical design which has tilted to a critical limit which are not kept by any counteremphasis, will inevitably fail; the situation at which falling kirshi is on distance of one metre from a head of nothing the suspecting standing person, gets irreversible character. Considering this circumstance, the expert, establishing possibility of prevention of a train of the events which have led negative posledst -

*

viju, should separate that stage on which there was a possibility to stop time -

vitie these events, from that stage on which process has got irreversible character.

Solving a question on, whether carried event approach unconditional or conditional character, the expert from all variety of the factors influencing for speed of development of established events, their tendency, should allocate what have played in an event a main role. With reference to building ilo - shchadke conditions can be subdivided on: external and internal. External are a speed of a wind, temperature of external air, fluctuation of level of subsoil waters. It is necessary to carry results of activity of participants of building manufacture, work of cars and mechanisms which have anyhow influenced a current of the events which have led to negative consequences to the internal.

The questions connected with an establishment of necessary or casual character of a causal relationship, are considered taking into account influence on approach of negative result of the factors changing a "natural" course of events that has been considered above.

W the Question on how this or that phenomenon is frequent (in percentage terms)

(Event, circumstance) causes certain result, happens difficult enough as similar statistical data in system SEU of Ministry of Justice of Russia are not present now. However these statistical data can be resulted in the special literature, and also in documents of the organisations, departments and the establishments which activity is connected with research of the reasons of accidents, failures, other negative phenomena in building. Besides, the information on frequency of approach of certain consequences can be resulted and without the statistical data directly characterising investigated event, i.e. indirect data can be used. So, for example, the complex of the revealed deviations from requirements of building norms and the rules admitted at erection of a building, has led to considerable loss of stability

sh, -

Its bearing designs owing to what the dynamic influences connected with made in one and a half kilometres from object by explosive works, in an investigated case have led to a building collapse.

During an establishment of the reasons of event the expert can carry out the analysis of dependence of force of tremors at earthquake and ability of buildings of similar type to perceive these influences not collapsing. Researches, wasps

novannye including on the certain statistical data borrowed from seismology, can show, that buildings of the same type, as well as destroyed, but erected properly, in overwhelming majority of cases keeps the stability and design position of all bearing and protecting designs \' (destroying force at earthquake not always is proportional to quantity of points by which its intensity is measured; some more factors, including geological structure of layers of earth crust and so forth [68]) here matter. Such researches were spent, in particular, in 1998 at definition of degree and character of influence of the explosive works connected with activity of Lebedinsky of ore dressing combine (the Belgorod area), on the buildings located in immediate proximity from it as industrial (the Gubkinsky enterprise for electric equipment repair), and a special purpose.

Questions on "basic", "direct" so, and "necessary" or about "indirect", "auxiliary" so, and a "casual" causal relationship are put before the expert when it is supposed, that the expert investigates a little the interesting inspector and court of necessary conditions! Approaches of result and, realising the special knowledge, can state a comparative estimation of their role in result approach. It is especially important, when necessary conditions are created not by one, and several persons (groups of persons).

Let's consider such example. On building site territory there has free passed citizen A to visit the acquaintance, working the building organisation. Passing by an under construction construction, it has been injured by a fragment of a cement stone which together with dust has been thrown out at cleaning by workers of the third floor. The site of falling of dust had no Any protection. During accident investigation it has been appointed judicial building-technical expert appraisal, and before the expert the questions focusing it on revealing of deviations from requirements of special rules, regulating work safety issues, and also on an establishment of the necessary reason of an event have been put. The expert in the conclusion has allocated two groups of persons, actions of one of which and inactivity another have caused proisshedshy accident. The first group are the workers who were carrying out under the guidance of the foreman cleaning on a floor, the second - administration which has not provided creation of the mode excluding unobstructed not authorised access of by-standers on a building site [6, item 6.1.7]. Inadmissibility of the last is caused, in particular, that the stranger in relation to process of building the person is not familiar C presence and a site of sources of dangerous production factors and already only because of it is vulnerable for their possible influence. The victim to

To the same has not been properly protected - contrary to rules [6, item 5.13], helmets of %

On his head was not.

Having investigated business materials, the expert has defined, that an event principal cause were actions of the workers dumping dust from height. This circumstance has generated conditions at which within one and a half hours (dust "cleaning" so much lasted) per a certain zone near to an erected structure the dangerous situation has been created, some kind of "trap" both for workers of building, and for by-standers.

So, from our point of view, it is possible (with a certain share of convention) to illustrate division of causal relationships on "necessary" and "casual".

The fourth investigation phase is the establishment of persons which duties included maintenance of safe working conditions on that industrial site where there was an accident, whose particularly inadequate actions (inactivity) have caused or were the reason of an event of accident (failure).

The given problem dares already after the expert defines deviations from requirements of the special rules regulating as technology of performance of works during which performance there was an accident (failure), and work safety issues on an industrial site - a place of an event of event, and from a number of the established deviations what have caused are revealed or causally connected with  destruction, travmirovaniem people or aggrieving to building object. The causal relationship as though connects three fragments of general "picture" of an event of event (fig. 3.1):

Fig. 3.1. Fragments of the event which are coming under to expert research

The knowledge of the duties assigned to workers and production managers on maintenance of safe and accident-free working conditions, promotes definition of one more element of the characteristic of an event - to an establishment of the persons who are carrying out these duties. Thus specified characteristic will possess that completeness to which the body (person) who has appointed examination on affairs of the considered category aspires.

It is necessary to notice, that the expert finally does not individualise the established person (group of persons), does not result in the conclusion text its surname and ini - f: tsialy, it only consistently reveals certain industrial edi

nitsy (the slinger, the foreman, the master, the construction superintendent and so forth), generated default of the duties event which became a criminal investigation subject.

It is caused by that the expert distantsirovan on time from investigated event and not are established by it convicted, the suspect who has sustained on business. However during research the expert, certainly, does not do without their specified individualization (not finding the reflexion in the conclusion text).

The decision of a considered problem has search character, and persons - direct participants of an event first of all come to light. As a rule, it is workers. Data on actual actions of each of them are compared with due (the provided special rules [4; 283]) actions - here the personifying problem has normativistskuju a component. At this investigation phase from the expert it is required not only thorough knowledge of technology of carried out industrial operation, but also that which have been not provided by instructions and rules of specificity of the organisation of works which, as a rule, is present and negative impact on safety of work makes. It is a question, first of all, about various sorts the simplifications, allowing to reduce time for

Expenditure for manufacture process (use not inventory, but the self-made tool, refusal of application of various means of individual and collective protection etc.). The expert considers it at survey of a scene and participation in interrogations of figurants on business. Having presented as much as possible full picture of production in its dynamics, the expert reveals those workers which actions did not meet the requirements of special rules and have caused (became the reason) accident or failure.

Concerning workers the personifying problem dares, as a rule, simply enough because their actions are quite certain and concrete. The instructions regulating them of a duty, also are concretised enough and detailed. Business with the technical personnel and production managers otherwise is. In practice, according to duty regulations operating in the building organisations, duties on maintenance of safe working conditions are meted between their heads and technical officers: the chief (the head operating) of the organisation, the chief engineer, the main mechanic and mechanics of divisions, chiefs of sites, construction superintendents, masters, foremen, chiefs and engineers of departments of a labour safety and safety precautions of structural divisions of the organisation and so forth Each of the persons who are carrying out given duties according to specified instructions, should provide safe working conditions on the industrial site (sites) entrusted to it. Thus the quantity of industrial sites to which this or that official is obliged to extend a safe and accident-free mode, depends on a place in the office hierarchy, which concrete person occupies. So, for example, at the foreman it is a site on which process of the brigade entrusted to it is carried out industrial; at the master can be two and more sites on which some brigades work, etc.

Accident always occurs on a concrete site, the management which is carried out by the direct head. At the same time instructions in any way do not allocate its special duties on maintenance of safe working conditions on this site, caused by its "nearness" to the last, i.e. a duty of a wide range of the persons who are carrying out production functions in the building organisation, solidarizirovany.

Let's consider a typical case of distribution of the specified duties in the building organisation. To the expert in connection with expert investigation on the criminal case initiated but ch. 1 items 216 UK, have been presented the materials of the specified business containing, in particular, duty regulations of heads of the building organisation, carrying out, in particular, installation of external pipelines at which as a result of accident assembler K.Iz of instructions was lost the following followed.

The general director takes measures on creation of safe working conditions, it provides strengthening of labour and industrial discipline;

The chief engineer carries out the control over observance of technological discipline, rules and norms on a labour safety, the safety precautions;

The chief of a building site is obliged to provide safe working conditions on the site entrusted to it; operation of the equipment, stock and adaptations, safety and protective devices; the organisation of workplaces according to requirements of rules and norms of safety precautions; performance by the subordinated technical personnel of official duties on a labour safety; to supervise observance by workers of requirements of rules, norms, instructions on a labour safety;

The senior manufacturer of works is obliged to organise work on creation of safe working conditions, to supervise observance industrial and a labour discipline on the site of works charged to it;

The master and (or) the manufacturer of works (construction superintendent) are obliged to provide the organisation of works and workplaces according to requirements of rules, norms of safety precautions; constant conformity to rules, norms of safety precautions, to instructions on a labour safety of workplaces, passes; to carry out the control over observance working technological discipline, instructions on a labour safety; not to suppose to independent work of the persons who badly mastered the maintenance of instructing and have not seized safe working methods. About the same principle of distribution of considered duties it is reflected and in the special literature [251].

It testifies that maintenance of safe and accident-free working conditions on that site where there was an accident, is made duties of all listed persons; accordingly, all of them admit deviations from

Those requirements which contain in duty regulations, and their inadequate actions have caused an event. Such state of affairs forms a situation at which «are guilty all and anybody is concrete» (judgements about fault, certainly, out of the competence of the expert).

The specified distribution of duties traditionally, its general principle is based on positions as already become invalid SNiP Ш-4-80* «Safety precautions in building» [168], and operating SNiP 12-03-2001 «Safety of work in building» [6]. In last document it is noticed, that in conformity; with the duty current legislation on maintenance of safe conditions of a labour safety in the organisations items 5:1] are assigned to the employer [6. Further under the text: «In the organisations, as a rule (it is allocated by me. - A.B.), the persons responsible for maintenance of safe working conditions in are appointed; limits of the sites of works charged to it, including:

As a whole on the organisation (the head, a deputy head, the chief engineer);

In structural divisions (the head of division, a deputy head);

In industrial territories (the chief of shop, a site, the responsible manufacturer of works on building object);

At operation of cars and the equipment (the head of service of the main mechanic, power, etc.);

At performance of concrete works and on workplaces (the manager, the master) »[6, item 5.2].

In the resulted text fragment there is not clear a reservation "as a rule" with reference to an order of appointment of the persons responsible for safe working conditions, there are no explanations concerning exceptions of the specified rules. Besides, as it is represented, remained solidarizatsija duties of the first heads of the organisation and direct heads of productions (the master, the construction superintendent, etc.) is not the positive moment of the specified building rules which have taken effect September, I, 2001

As practice of investigation of the crimes provided by item 216 UK shows, the direct head of works during which performance there was an accident (failure) admits convicted: the master or the construction superintendent.

For this purpose, certainly, there are bases: other heads (more a high rank) distantsirovany from an event, and this distance that more than above their official position. This circumstance should not limit the expert in researches which in this case assume serial consideration of duties on maintenance of the safe working conditions assigned to all heads of the building organisation irrespective of their position in administra - sh

tivnoj hierarchies. And if, for example, in office instructions of the General director and the chief engineer these duties are included, it should be reflected in the expert's statement. And if the event event is caused by deviations from requirements of the safety precautions regulations, the admitted direct executors of works from the formal point of view it testifies that the first heads of the organisation could not provide in it such mode of labour activity at which the named deviations would be excluded. All it also should find the reflexion in the specified document.

The basic actions which are coming under to performance eksper - + the volume-builder are that, in our opinion, at the decision of problems during manufacture SSTE on affairs, is connected

nym with accidents in building.

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A source: Butyrin Andrey Jurevich. BUILDING-TECHNICAL EXPERT APPRAISAL In LEGAL PROCEEDINGS of Russia. The dissertation on competition of a scientific degree of the doctor of juridical science. 2005

More on topic the Appendix № 12 Technique of an establishment of the reasons, conditions, circumstances and the accident mechanism in building, definitions of a circle of persons, in whose duties entered maintenance of safe working conditions:

  1. the Appendix № 11 TECHNIQUE of the ESTABLISHMENT of the REASONS, CONDITIONS, CIRCUMSTANCES And the MECHANISM of DESTRUCTION of BUILDING OBJECT
  2. the Appendix № 9 CONDITIONS of MAINTENANCE of SAFETY of PROCESS of OPERATION of BUILDING CARS And MECHANISMS
  3. the Appendix № 14 LIST of the BASIC QUESTIONS, SET to the WITNESS ON the BUSINESS CONNECTED C by ACCIDENT OR FAILURE In BUILDING
  4. the Appendix № 4 MOST WIDESPREAD REASONS of the COLLAPSE of BUILDING OBJECTS
  5. Change of the conditions of the employment contract defined by the parties for the reasons connected with change of organizational or technological working conditions
  6. I. Maintenance of the political rights and freedom of citizens by creation of conditions for their safe realisation.
  7. §5.6. Working out of the mechanism of formation of ecological conditions
  8. § 2. Carrying out of a special estimation of working conditions at employers — physical persons and in the religious organisations
  9. 2.1. An establishment of conditions ohranosposobnosti object of the copyright as civil-law means of maintenance of absolutely free use of products
  10. 2. Emergency conditions precede approach of harmful consequences of road accident.