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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 20, 2020 No. 383

About approval of criteria by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) of compliance with law in spheres of labor protection, industrial safety, occupational health, the treatment of explosive materials of industrial function, work, employment of the population, employment and employment of persons with disability, implementation of the state mountain supervision by Public service concerning work is determined

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 15.09.2021 No. 991)

According to part two of article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" the Cabinet of Ministers of Ukraine decides:

1. Approve criteria by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) of compliance with law in spheres of labor protection, industrial safety, occupational health, the treatment of explosive materials of industrial function, work, employment of the population, employment and employment of persons with disability, implementation of the state mountain supervision by Public service concerning work which are applied is determined.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of February 6, 2019 No. 223 "About approval of criteria by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) of compliance with law in spheres of labor protection, industrial safety, occupational health, the treatment of explosive materials of industrial function, employment of the population, employment and employment of persons with disability, measures of the state mountain supervision by Public service concerning work is determined" (The Official Bulletin of Ukraine, 2019, No. 24, the Art. 843).

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 20, 2020 No. 383

Criteria by which the risk degree from implementation of economic activity is estimated and frequency of holding planned actions of the state supervision (control) of compliance with law in spheres of labor protection, industrial safety, occupational health, the treatment of explosive materials of industrial function, work, employment of the population, employment and employment of persons with disability, implementation of the state mountain supervision by Public service concerning work is determined

1. Criteria by which the risk degree from implementation of economic activity is estimated are:

1) in spheres of labor protection, industrial safety, occupational health, the treatment of explosive materials of industrial function, work, employment of the population, employment and employment of persons with disability:

availability at the subject of managing of objects of the increased danger, machines, mechanisms, the equipment of the increased danger which are not taken out of service in accordance with the established procedure, within the last five years preceding planning period;

implementation by the subject of managing of operation of objects of the increased danger, machines, mechanisms, the equipment of the increased danger, performance of works of the increased danger within the last five years preceding planning period;

accomplishment by the subject of managing of works of the increased danger within the last five years preceding planning period;

failure to carry out by the subject of managing of notes which were provided during audit of labor protection and/or not elimination of violations which were revealed during the action of the state supervision (control) of the subject of managing within the last five years preceding planning period;

use in activities of the subject of managing of hazardous substances III or IV classes of danger within the last five years preceding planning period;

violation by the subject of managing of requirements of the legislation on work;

use of work of minors;

availability of debt on salary payment or violation of terms of its payment;

payment to workers of the salary at the level or below the size of minimum wage established by the legislation;

discrepancy of quantity of hired employees of the subject of managing to production volumes (the performed works, the rendered services) to average values by the corresponding type of economic activity;

availability of discrepancies between the actual indicators of number of workers and the salary on indicators of the reporting provided by the subject of managing to public authorities;

violation by the subject of managing of requirements of the legislation on employment of the population;

application of work of foreigners or stateless persons and persons on whom the decision on document creation for the solution of question concerning provision of the status of the refugee, within the last two years preceding planning period is made;

violation by the subject of managing of requirements of the legislation on employment and employments of persons with disability;

receipt of government assistance by the subject of managing in the form of tax benefits, returnable and irretrievable financial aid, target loan, grants at the expense of the amounts of administrative sanctions and the penalty fee arriving in the government budget for failure to carry out of the standard rate of workplaces for employment of persons with disability;

violations of requirements of the legislation in the field of activity connected with objects of the increased danger, requirements of the legislation concerning occupational health, the use of machines, mechanisms, the equipment of the increased danger revealed by results of the events of the state supervision (control) held within the last five years preceding planning period;

violations of requirements of the legislation in the sphere of labor protection, industrial safety, the treatment of explosive materials of industrial function revealed by results of the events of the state supervision (control) held within the last five years preceding planning period;

the violations of requirements of the legislation for labor protection on accident investigation revealed by results of the events of the state supervision (control) held within the last five years preceding planning period;

approach of accidents, availability of cases of acute or chronic occupational disease at the worker, faces of the subject of managing within the last five years preceding planning period;

2) in the sphere of implementation of the state mountain supervision:

accomplishment by the subject of managing of works on production, transportation, crushing, sorting and mineral processing;

method of production by the subject of managing of minerals;

violation of requirements of the legislation, rules and regulations of conducting the works connected with geological studying of subsoil, their use and protection, and also use and conversion of mineral raw materials which are revealed within the last five years preceding planning period.

2. Risks of approach of negative consequences from implementation of economic activity in spheres of labor protection, industrial safety, occupational health, the treatment of explosive materials of industrial function, work, employment of the population, employment and employment of persons with disability are determined in appendix 1.

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