THE ORDER OF THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON ECOLOGICAL, TECHNOLOGICAL AND ATOMIC SUPERVISION

of July 3, 2019 No. 258

About approval of Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on implementation of federal state supervision in the field of industrial safety

According to Item 1 of the Regulations on Federal Service for Environmental, Technological and Nuclear Supervision approved by the order of the Government of the Russian Federation of July 30, 2004 No. 401 (The Russian Federation Code, 2004, No. 32, Art. 3348; 2006, No. 5, Art. 544, No. 23, Art. 2527, No. 52, Art. 5587; 2008, No. 22, Art. 2581, No. 46, Art. 5337; 2009, No. 6, Art. 738, No. 33, Art. 4081, No. 49, Art. 5976; 2010, No. 9, Art. 960, No. 26, Art. 3350, No. 38, Art. 4835; 2011, No. 6, Art. 888, No. 14, Art. 1935, 2011, No. 41, Art. 5750, No. 50, Art. 7385, 2012, No. 29, Art. 4123, No. 42, Art. 5726; 2013, No. 12, Art. 1343, No. 45, Art. 5822; 2014, Art. 108, No. 35, Art. 4773; 2015, Art. 491, No. 4, Art. 661; 2016, No. 28, Art. 4741, No. 48, Art. 6789; 2017, No. 12, Art. 1729, No. 26, Art. 3847; 2018, No. 29, the Art. 4438), the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, No. 35, Art. 5092; 2012, No. 28, Art. 3908, Art. 3169; No. 36, Art. 4903, No. 50, Art. 7070, No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, 6, of the Art. 880, No. 25, of the Art. 3696, No. 36, of the Art. 5623, No. 46, of the Art. 7050) I order to No.:

1. Approve the enclosed Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on implementation of federal state supervision in the field of industrial safety.

2. Recognize invalid:

the order of Federal Service for Environmental, Technological and Nuclear Supervision of February 12, 2016 No. 48 "About approval of Administrative regulations on execution of the state function by Federal Service for Environmental, Technological and Nuclear Supervision on control and supervision of observance of requirements of industrial safety during the designing, construction, operation, preservation and liquidation of hazardous production facilities, production, installation, adjustment, servicing and repair of the technical devices used on hazardous production facilities, transportation of dangerous substances on hazardous production facilities" (registration No. 41499 is registered by the Ministry of Justice of the Russian Federation on March 22, 2016; Official Internet portal of legal information http://www.pravo.gov.ru, 2016, No. 0001201603250029);

Item 2 of changes which are made to administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state functions on implementation of the state control (supervision) approved by the order of Federal Service for Environmental, Technological and Nuclear Supervision of October 9, 2017 No. 414 (registration No. 48782 is registered by the Ministry of Justice of the Russian Federation on November 3, 2017; Official Internet portal of legal information http://www.pravo.gov.ru, 2017, No. 0001201711070004).

Approved by the Order of the Federal Service of the Russian Federation on ecological, technological and atomic supervision of July 3, 2019, No. 258

Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on implementation of federal state supervision in the field of industrial safety

I. General provisions

1. The administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on implementation of federal state supervision in the field of industrial safety (further - Administrative regulations) establish terms and the sequence of ministerial procedures (actions) performed by Rostekhnadzor and its territorial authorities in the course of implementation of federal state supervision in the field of industrial safety and also order of interaction between structural divisions of Rostekhnadzor (territorial authority of Rostekhnadzor) and officials of Rostekhnadzor (territorial authority of Rostekhnadzor), between Rostekhnadzor (territorial authority of Rostekhnadzor) and physical persons or legal entities, individual entrepreneurs, their authorized representatives, other public authorities and local government bodies, organizations and the organizations in the course of implementation of federal state supervision in the field of industrial safety.

Name of function

2. The state function on implementation of federal state supervision in the field of industrial safety.

The name of the federal executive body exercising the state control (supervision)

3. Federal state supervision in the field of industrial safety is exercised by Rostekhnadzor and its territorial authorities.

The regulatory legal acts regulating implementation of the state control (supervision)

4. The list of the regulatory legal acts regulating implementation of the state control (supervision) (with indication of their details and sources of official publication), is posted on the official sites of Rostekhnadzor and its territorial authorities on the Internet (further - the Internet), in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state and municipal services (functions).

Subject of the state control (supervision)

5. Subject of federal state supervision in the field of industrial safety is observance by legal entities, their heads and other officials, individual entrepreneurs, their authorized persons (further respectively - legal entities, individual entrepreneurs) in the course of implementation of activities in the field of industrial safety of the requirements established by the Federal Law of July 21, 1997 No. 116-FZ "About industrial safety of hazardous production facilities" (The Russian Federation Code, 1997, No. 30, Art. 3588; 2018, No. 31, the Art. 4860) (further - the Federal Law No. 116-FZ), other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them in the field of industrial safety, and also compliance to the specified requirements of the used buildings, rooms, constructions, technical devices, the equipment, materials and the performed engineering procedures and if activities in the field of industrial safety are performed by legal entities, individual entrepreneurs using reasons for safety of hazardous production facility, observance of requirements of such reasons for safety (further - mandatory requirements).

6. Federal state supervision in the field of industrial safety is conducted behind implementation by legal entities and individual entrepreneurs of the following types of activity in the field of industrial safety:

1) designing, operation, capital repairs, modernization, preservation and liquidation of hazardous production facility;

2) production, installation, adjustment, servicing and repair of the technical devices used on hazardous production facility;

3) expertize of industrial safety.

7. When implementing federal state supervision in the field of industrial safety according to article 38 of the Law of the Russian Federation of February 21, 1992 No. 2395-1 "About subsoil" (The Russian Federation Code, 1995, No. 10, Art. 823; 2018, No. 31, of the Art. 4861, No. 45, the Art. 6824) (further - the Law on subsoil), is also performed by Rostekhnadzor and its territorial authorities:

1) the state supervision of safe operation, connected with use of natural resources (the state mountain supervision);

2) federal state fire supervision (on hazardous production facilities of conducting underground mining operations, in case of production, transportation, storage, use and utilization of explosive materials of industrial function).

When implementing federal state supervision in the field of industrial safety according to Item 1 of article 34 of the Federal Law of December 27, 2002 No. 184-FZ "About technical regulation" (The Russian Federation Code, 2002, No. 52, the Art. 5140, of 2018, No. 49, the Art. 7521) Rostekhnadzor and its territorial authorities is also exercised the state control (supervision) of observance of requirements of technical regulations of the Customs union, within the powers established by the order of the Government of the Russian Federation of May 13, 2013 No. 407 "About authorized bodies of the Russian Federation on ensuring the state control (supervision) of observance of requirements of technical regulations of the Customs union and technical regulations of the Eurasian Economic Union" (The Russian Federation Code, 2013, No. 20, Art. 2501; 2019, No. 8, the Art. 780) (further - the Order of the Government No. 407).

The rights and obligations of officials when implementing the state control (supervision)

8. Officials of Rostekhnadzor and its territorial authorities when implementing federal state supervision in the field of industrial safety according to the procedure established by the legislation of the Russian Federation have the right <1>:

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<1> Item 10 of the Regulations on federal state supervision in the field of industrial safety approved by the order of the Government of the Russian Federation of November 15, 2012 No. 1170 (The Russian Federation Code, 2012, No. 48, Art. 6679; 2018, No. 10, the Art. 1514) (further - Regulations on federal state supervision in the field of industrial safety).

1) to request and receive based on the motivated written request from the legal entity, the individual entrepreneur information and documents necessary during conducting check;

2) freely upon presentation of the official ID and the copy of the order (order) of the head (deputy manager) of Rostekhnadzor, its territorial authorities about purpose of check to visit hazardous production facilities and to conduct examinations of the buildings used by legal entities, individual entrepreneurs when implementing the activities, rooms, constructions, technical devices, the equipment and materials, and also to conduct necessary researches, testing, examinations, investigations and other actions for control;

To issue 3) to legal entities, individual entrepreneurs of the instruction about elimination of the revealed violations of mandatory requirements, holding actions for ensuring prevention of harm of life, to human health, harm to animals, plants, the environment, safety of the state, property of physical persons and legal entities, the state-owned or municipal property, on prevention of emergence of emergency situations of natural and technogenic nature;

4) to constitute protocols on the administrative offenses connected with violations of mandatory requirements, to consider cases on the specified administrative offenses and to take measures for prevention of such violations;

To send 5) to authorized bodies the materials connected with violations of mandatory requirements for the solution of questions of initiation of legal proceedings on signs of crimes;

6) to instruct in conclusion of people from workplaces in case of threat of life and to health of workers;

To request 7), after adoption of the order (order) on conducting check, necessary documents and (or) information within interdepartmental information exchange.

9. Officials of Rostekhnadzor and its territorial authorities when implementing federal state supervision in the field of industrial safety within the competence shall:

1) timely and fully to perform the powers provided in accordance with the legislation of the Russian Federation according to the prevention, identification and suppression of violations of mandatory requirements;

2) to observe the legislation of the Russian Federation, the right and legitimate interests of the legal entity, individual entrepreneur which it is performed;

3) to perform based on the order or the order of the head, the deputy manager of Rostekhnadzor, its territorial authorities on conducting this check according to its appointment;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info