Ukraine: Revised procedure for the issue of permits for hazardous works and operation of hazardous machinery

As of 20 April 2019, employers and the competent authorities (i.e. the state labour safety authority) are required to follow the revised procedure for the issue of permits for the operation of hazardous machinery and performance of hazardous types of work. A permit is issued by the State Labour Safety Authority (GosTrud) or its territorial branches.

The original procedure and the list of hazardous works and hazardous machinery was adopted by Decree No. 1107 of 26 October 2011.

The list of hazardous machinery the operation of which is subject to a permit includes: equipment operating under voltage over 1000 V; steam and water heater boilers with the output exceeding 0.1 mWt; cargo lifting cranes, lifts, escalators, funiculars and hoists; steam and hot water pipelines operating under pressure over 0.05 MPa and the temperature exceeding 110 degrees centigrade; etc.

The list of hazardous works subject to a permit includes works with a gas hazard (works in confined spaces); technical inspection of hazardous machinery; works involving the use of explosives; manufacture, use, processing, storage, utilisation and neutralisation of explosives and class 1 hazardous substances in quantities exceeding the thresholds set by Decree No. 956 of 11 July 2002; etc.

The amendments to the procedure clarify that the validity period of a permit for the performance of hazardous works or operation of hazardous machinery is five years. The validity period can be extended by the state labour safety authority.

If during the validity period of a permit, the employer has not breached any of its conditions, the permit can be extended following an application submitted by the permit holder (the employer). The form is provided in Annex 5 to Decree No. 1107.

If during the period of validity of the permit the employer has violated its terms and conditions, in particular, if the requirements of the legislation on labour protection and industrial safety have not been observed, or there have been accidents and / or accidents connected with the manufacturing process or in the course of performance of hazardous works or operation of hazardous machines, mechanisms or equipment specified in the permit, the validity period of such a permit can only be extended on the basis of an application, the original permit and a new expert assessment.

Law: Decree No. 330 of 10 April 2019 on Amending Procedure for the Issue of Permits for the Performance of Hazardous Works or Operation of Hazardous Machinery