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OCCUPATIONAL SAFETY AND HEALTH
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General measures to ensure industrial safety. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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The Federal Law of July 21, 1997 No. 116-FZ "On the Industrial Safety of Hazardous Production Facilities" establishes the obligations of organizations operating hazardous production facilities, as well as the corresponding obligations of their employees employed at a hazardous production facility.

In accordance with the requirements of the Federal Law "On Industrial Safety of Hazardous Production Facilities", an organization operating a hazardous production facility is obliged to:

  • comply with the provisions of federal laws and other regulatory legal acts of the Russian Federation, as well as regulatory technical documents in the field of industrial safety;
  • have a license to carry out a specific type of activity in the field of industrial safety, subject to licensing in accordance with the legislation of the Russian Federation;
  • ensure the staffing of the staff of the hazardous production facility in accordance with the established requirements;
  • allow persons who meet the relevant qualification requirements and do not have medical contraindications to the specified work to work at a hazardous production facility;
  • ensure the training and certification of employees in the field of industrial safety;
  • have regulatory legal acts and regulatory technical documents at a hazardous production facility that establish the rules for conducting work at a hazardous production facility;
  • organize and exercise production control over compliance with industrial safety requirements;
  • ensure the availability and operation of the necessary instruments and systems for monitoring production processes in accordance with established requirements;
  • ensure the examination of industrial safety of buildings, as well as carry out diagnostics, testing, examination of structures and technical devices used at a hazardous production facility, within the established time limits and in accordance with the instructions of the federal executive body for supervision in the field of industrial safety or its territorial body presented in the prescribed manner ;
  • prevent unauthorized persons from entering a hazardous production facility;
  • ensure compliance with industrial safety requirements for the storage of hazardous substances;
  • develop an industrial safety declaration;
  • conclude an insurance contract for the risk of liability for causing harm during the operation of a hazardous production facility;
  • comply with the orders and instructions of the federal executive body for supervision in the field of industrial safety, its territorial bodies and officials, issued by them in accordance with their authority;
  • suspend the operation of a hazardous production facility on its own or by a court decision in the event of an accident or incident at a hazardous production facility, as well as in the event of discovery of newly discovered circumstances affecting industrial safety;
  • carry out measures to localize and eliminate the consequences of accidents at a hazardous production facility, assist state bodies in investigating the causes of an accident;
  • take part in the technical investigation of the causes of an accident at a hazardous production facility, take measures to eliminate these causes and prevent such accidents;
  • analyze the causes of an incident at a hazardous production facility, take measures to eliminate these causes and prevent such incidents;
  • timely inform the federal executive body in the field of industrial safety, its territorial bodies, as well as other state authorities, local governments and the public, in accordance with the established procedure, about an accident at a hazardous production facility;
  • take measures to protect the life and health of workers in the event of an accident at a hazardous production facility;
  • keep records of accidents and incidents at a hazardous production facility;
  • submit to the federal executive body in the field of industrial safety, or to its territorial body, information on the number of accidents and incidents, the causes of their occurrence and the measures taken.

Employees of a hazardous production facility are required to:

  • comply with the requirements of regulatory legal acts and regulatory technical documents that establish the rules for conducting work at a hazardous production facility and the procedure for actions in the event of an accident or incident at a hazardous production facility;
  • undergo training and certification in the field of industrial safety;
  • immediately notify their immediate supervisor or other officials in accordance with the established procedure about an accident or incident at a hazardous production facility;
  • in accordance with the established procedure, suspend work in the event of an accident or incident at a hazardous production facility;
  • in accordance with the established procedure, participate in the work to localize the accident at a hazardous production facility.

An organization operating a hazardous production facility must have license in cases stipulated by the legislation of the Russian Federation on licensing. The procedure and conditions for licensing objects controlled by certain types of supervision are specified in separate documents.

For a number of enterprises, a prerequisite for licensing the operation of hazardous production facilities is the submission and examination of the declaration. Decree of the Government of the Russian Federation of February 1, 2005 No. 49 granted the Federal Environmental, Industrial and Nuclear Supervision Service the right to establish the obligation to declare industrial safety for those hazardous production facilities for which it is not established by the Federal Law "On Industrial Safety of Hazardous Production Facilities".

The head of an organization operating a hazardous production facility is obliged to take all legally permissible measures to maintain the actual compliance of the staff with the staffing table approved taking into account industrial safety requirements.

Qualification requirements for employees of organizations operating hazardous production facilities are established by tariff and qualification reference books and job descriptions and. Special requirements for certain categories of workers are determined by the safety rules or safe operation rules for each branch of supervision or special provisions of Rostekhnadzor.

Increased requirements are imposed on employees of high-risk facilities in terms of the absence of mental contraindications.

Training and certification of workers in the field of industrial safety is carried out in accordance with the "Regulations on the organization of work on the training and certification of specialists from organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision" and the "Regulations on the organization of training and testing the knowledge of workers' organizations supervised by the Federal Service on Environmental, Technological and Nuclear Supervision", approved by order of Rostekhnadzor dated January 29, 2007 No. 37.

Certification of safety specialists is preceded by their training according to curricula developed taking into account standard programs approved by the Federal Service for Ecological, Technological and Nuclear Supervision.

Rostechnadzor Order No. 29 dated December 2006, 1155 approved the "Standard program for the course "Industrial, environmental, energy safety, safety of hydraulic structures" for pre-certification (pre-examination) training of managers and specialists of organizations supervised by the Federal Service for Environmental, Technological and Nuclear Supervision" .

The organization of production control involves the development by the operating organization of the "Regulations on production control", taking into account the technology used and the technical features of operated hazardous production facilities.

The requirement to prevent unauthorized persons from entering a hazardous production facility implies taking all necessary measures to prevent unauthorized intrusion into the territory of a hazardous production facility. In this case, unauthorized persons should be understood as all persons who are not specifically authorized to participate in the operation of the specified facility. However, it should be borne in mind that this requirement does not apply to all hazardous production facilities. This requirement, for example, does not apply to residential buildings, which are classified as hazardous industrial facilities due to the elevators used there.

In accordance with Article 9 of Federal Law No. 116-FZ, organizations operating hazardous production facilities are required to conclude a liability insurance contract for causing harm during the operation of a hazardous production facility. The availability of insurance contracts is controlled by Rostekhnadzor. In each organization operating hazardous production facilities, plans for localizing accidents and eliminating the consequences of accidents must be developed and approved by the head of the organization. Employees of the organization are required to be trained in actions in the event of an accident or incident at a hazardous production facility. This type of training can take place simultaneously with training and certification in industrial safety.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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