Regulations on hazardous works in Ukraine are changed in February of 2018
As you know, the performance of certain types of work, as well as operation of certain types of equipment, mechanisms or machines that present heightened dangerdanger, is possible only after the receipt in the legislatively established procedure of the relevant permit document in the form of a declaration or a permit. The particular lists of high risk works and equipment that are performed/used based on a declaration or a permit are approved by the Cabinet of Ministers of Ukraine.
We want to draw your attention to the fact that in In February of 2018 the resolution of the Cabinet of Ministers of Ukraine no. 48 dated the 7th of February 2018 partially amended the procedure which regulated issuance of permits for works and operations with high risk equipment and mechanisms as well as the list of such works and operations (Resolution of the Cabinet of Ministers №1107).
In this material we will focus on the main changes and innovations related to obtaining permits and declarations for work, equipment, machinery and high-risk machines.
First of all, it should be noted a significant reduction in the list of works, equipment, mechanisms and high-risk machines that can be performed or operated on the basis of a permit. Previously, the list of works, the implementation of which required a permit, consisted of 26 points, but now the wording of the aforementioned Resolution No. 48 dated February 7, 2018, includes only 18 of these. Some of them were transferred by the Cabinet to the list of works carried out on the basis of the declaration submitted by the applicant, among them are the following items:
- work in the existing electrical installations with voltages above 1000V or in the area of ??high-frequency current;
- surveying work;
- diving work;
- excavation work carried out at a depth of more than 2 m, in the place of passage of underground utilities or under water;
- High angle and climbing works carried out at a height of 5 m or more;
- welding and surfacing;
- inspection, cleaning, repair of chimneys and ducts;
- work on the conservation and processing of grain;
- stalling and sawing of natural stone, etc.
Speaking about the list of equipment, mechanisms and high-risk machinery that are used on the basis of a permit, it was also optimized and reduced from 21 down to 11 items (for example, amusement park rides, both stationary and movable and mobile, were transferred from the permit to the declarative procedure).
In order to eliminate duplication in the process of conformity assessment, it is provided that a permit to use equipment, machinery and high-risk machines is not mandatory for the manufacturer or supplier, if the corresponding technical regulations, as a mandatory requirement for them, establish a different form of conformity assessment.
The Cabinet of Ministers of Ukraine also approved new forms of documents in the field of work and the use of equipment, machinery and high-risk machines, in particular:
- new forms of applications are provided, which are submitted for obtainment of a permit and continued;
- a new form of the declaration of conformity of the material and technical base with the requirements of the current legislation on labor protection has been established.
The amendments provide for the following procedure for obtaining permits for work, equipment, machinery and high-risk machines:
- for work of heightened danger - filing an application in a new approved form and an expert opinion on the state of labor protection and industrial production safety of the enterprise in the implementation of the declared work;
- regarding the operation of equipment, machinery and high-risk machines - filing an application in a new approved form and an expert opinion on the state of labor protection and safety of the industrial production of this enterprise, in the process of operating the equipment, mechanisms or machinery declared by it, as well as their compliance with the requirements of current legislation;
- for the use of equipment, mechanisms and machinery of heightened danger - filing an application in a new approved form and an expert opinion on the conformity of this equipment, mechanisms or machinery with the requirements of applicable law.
These documents can be submitted by the applicant (employer, supplier or manufacturer) in paper form both personally and by their authorized person, or using postal services, or in electronic form through the Unified admin services portal.
We draw your attention to the fact that, on the basis of the changes introduced by Cabinet Resolution No. 48, expert organizations providing conclusions on the state of labor protection and industrial production safety must in all cases receive confirmation of competence for their inspection activities in this area.
Regarding the declarative principle procedure for work, equipment, mechanisms and high-risk machines, the corresponding declaration in the established form can also be submitted by the business entity (its authorized person) both in paper form, using postal services or electronically through the Unified portal admin services.
Information on all registered declarations and permits issued by the agencies of the State Labor Service of Ukraine is subject to entry in the Unified State Register.
It is expected that the changes introduced will primarily facilitate business management by business entities, as well as optimize the stipulated licensing procedures by reducing the number of permits issued, significantly expanding the application of the declarative principle in the field of business and introducing the provision of administrative services in electronic form.
The State Labor Service of Ukraine, as the developer of the project and the main implementer of the above changes, expresses the hope that in the process of implementing the norms of European law in the national legislation, our country will be able to completely switch from permitting to declarative procedures in this area in the future.