As of 12 March 2020, the procedure for issuing permits for hazardous works and hazardous machinery is amended to clarify a number of issues.
The amended Procedure was adopted by Decree No. 1107 of 26 October 2011. The amendments were made by Decree No. 207 of 3 March 2020.
Hazardous works include those involving production, processing, recycling, storage and transportation of class 1 and 2 hazardous substances and explosives in quantities exceeding thresholds set out by Decree No. 956 of 11 July 2002. Hazardous works also include underground works and works in confined spaces where a gas hazard is present.
Hazardous machinery include machinery used for manufacturing, processing or neutralising of explosives or class 1 and 2 hazardous substances in quantities exceeding thresholds set out by Decree No. 956 of 11 July 2002.
In particular, the amendments have clarified that the permission to carry out hazardous types of work and to operate hazardous machines, mechanisms, equipment of increased danger is issued by the territorial authority of Gostrud (State Labour Inspection) at the place of state registration of the legal entity.
To obtain a permission, the employer, manufacturer or supplier submits in person or via a person authorized by him, or sends by mail to Gostrud or the administrator of the centre for the provision of administrative services in paper form or in electronic form through the Unified State Electronic Services Web Portal, including through the integrated with him the information system of Gostrud, a statement in the form in accordance with Appendix 4, to which is attached:
- for the performance of hazardous works - an expert opinion on the state of labour protection and safety of processes at the applicant facility;
- for the operation of hazardous machines, mechanisms and equipment - an expert opinion on the state of labour protection and safety of processes of the applicant facility;
- on the use of hazardous machines, mechanisms or equipment - an expert opinion on the compliance of machines, mechanisms, equipment with the requirements of the legislation on labour protection and industrial safety.
The competent authority is prohibited to request any documents not prescribed by the law in order to apply for a permission.
It was also clarified that the performance of hazardous work specified in Appendix 6, the operation (use) of hazardous machines, mechanisms or equipment listed in Appendix 7, may only be carried out by the employer, manufacturer or supplier on the basis of a declaration of conformity of the material and technical base with the requirements of labour protection legislation.
The declaration that the applicant facility (the employer, manufacturer or supplier) must compile in the form set out by Appendix 8, must be submitted by the employer, manufacturer or supplier no later than 5 working days before the commencement of the hazardous work of the operation (use) of hazardous machines, mechanisms or equipment.
The declaration is submitted by the employer, manufacturer or supplier, a person authorized by him or sent by mail to the territorial office of the State Labour Committee or electronically.
The territorial authority of Gostrud registers declarations free of charge within 5 business days from the day they have been received.
The authority is not allowed to refuse to register a declaration.
If the information on the basis of which the declaration was issued, changes or if the facility (employer) discovers any errors, then the facility must submit a revised declaration within five working days from the moment of the changes or of the discovery of an error.
In addition, it was clarified that permits for the performance of hazardous work and for the operation (use) of hazardous machines, mechanisms or equipment issued before the entry into force of the adopted amendments are valid until their expiration date.
Law: Decree No. 207 of 3 March 2020 on Amending the Procedure for Issuing Permits for Hazardous Works and for the Operation of Hazardous Machinery, Mechanisms or Equipment