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Ministry of Justice of Ukraine

September 8, 2017

No. 1111/30979

ORDER OF THE MINISTRY OF SOCIAL POLICY OF UKRAINE

of June 23, 2017 No. 1050

About approval of the minimum requirements on labor protection on temporary or mobile construction sites

According to article 28 of the Law of Ukraine "About labor protection", to Item 8 of the Regulations on the Ministry of social policy of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of June 17, 2015 No. 423 (with changes), I order:

1. Approve the Minimum requirements on labor protection on temporary or mobile construction sites which are applied.

2. To department of the salary and work environment (Tovstenko A. P.) provide submission of this order in the procedure established by the legislation on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of this order on the first deputy Minister Krentovskaya A. P.

Minister

A. Reva

Approved by the Order of the Ministry of social policy of Ukraine of June 23, 2017 No. 1050

The minimum requirements on labor protection on temporary or mobile construction sites

I. General provisions

1. These Minimum requirements establish general requirements to the organization of labor protection and workplaces on temporary or mobile construction sites in case of accomplishment of construction works according to the list of types of construction works to which the minimum requirements on labor protection on temporary or mobile construction sites extend, given in appendix 1 to these Minimum requirements (further - the List of types of construction works).

2. These Minimum requirements extend to the customers, heads of construction, prime contractors, contractors, subcontractors, physical persons providing themselves with work independently.

3. These Minimum requirements are developed on the basis of the Directive 92/57/EU of the European Parliament and Council of June 24, 1992 about the minimum requirements of safety and protection of health on temporary or mobile construction sites (the eighth separate Directive in value of part 1 of Article 16 of the Directive 89/391/EEC).

4. These Minimum requirements do not extend to the companies for mining.

5. Terms in these Minimum requirements are used in the following values:

the prime contractor - the contractor who involves in performance of works of the third parties (subcontractors), remaining responsible before the customer for results of their work;

the customer - the physical person or legal entity which has intention of building development (one or several parcels of land) and submitted the corresponding application in the procedure established by the legislation;

the head of construction (the consulting engineer in construction) - physical person with the qualification level confirmed with the third party or the legal entity (engineering company which incorporates specialists with the qualification level confirmed with the third party) who within the powers delegated by the customer performs management of project implementation provides to the customer of consultation at the choice of optimum ways of its realization, makes relevant decisions from his name or performs other functions;

the coordinator for labor protection at construction stage - competent physical person with the confirmed qualification or the legal entity (which incorporates the specialist with the confirmed qualification), who at stage of construction carries out charged to it by the customer or the head of construction of task, determined in the Section IV of these Minimum requirements;

the coordinator for labor protection at stage of development of the project documentation on construction - competent physical person with the confirmed qualification or the legal entity (who incorporates the specialist with the confirmed qualification), who at stage of development of the project documentation carries out charged to it by the customer or the head of construction of task, determined in Item 1 of the Section IV of these Minimum requirements;

the contractor - the contract agreement party which performs and transfers to the customer the finished works (construction object) provided by the works agreement;

the plan for labor protection of construction site (further - the plan) - the written instrument which includes complex of the actions directed to prevention of emergence of professional risks in case of performance of works on specific construction site in particular establishes requirements for labor protection to the prime contractor, the contractor, subcontractors and physical persons concerning the organization of construction site, the organization of workplaces, safe performance of works, operation of construction site engines, electrical safety, etc.;

rooms - the rooms necessary for ensuring performance of works on temporary or mobile construction sites, including mobile rooms;

the designer - the legal entity incorporating the corresponding contractors who according to the legislation received the qualification certificate, or physical person which according to the legislation has the appropriate qualification certificate;

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