LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 3, 2002 No. 314-II

About industrial safety on hazardous production facilities

This Law governs legal relations in the field of ensuring safe operation of hazardous production facilities and is directed to the prevention of harmful effects of the dangerous production factors resulting from accidents, incidents on hazardous production facilities, to personnel, the population, the environment, ensuring readiness of the organizations for localization and accident elimination, incidents and their effects, the guaranteed indemnification caused by them to physical persons and legal entities, the environment and the state.

Legal regulation in the field of employment relationships and labor protection, ecological, fire safety, safety during the using of atomic energy, destruction of chemical and nuclear weapon, use and utilization of ammunition is performed by the special legislation of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) accident - destruction of the buildings, constructions and (or) technical devices used on hazardous production facility, uncontrollable explosion and (or) emission of dangerous substances;

2) incident - refusal or damage of the technical devices used on hazardous production facility, variation from the mode of engineering procedure, violation of the law of the Republic of Kazakhstan;

2-1) state inspector - the official exercising the state supervision of observance of requirements of the legislation of the Republic of Kazakhstan in the field of industrial safety;

2-2) dangerous production factor - the physical phenomenon arising in case of accidents, incidents on hazardous production facilities, doing harm to physical persons and legal entities, the environment;

3) industrial safety - condition of security of physical persons and legal entities, the environment from harmful effects of dangerous production factors;

4) authorized body in the field of industrial safety (further - authorized body) - the state body performing management in the field of industrial safety;

5) the technical lead - the specialist with the higher education performing management of engineering procedure of the organization;

6) technical devices - the machines, the equipment and other designs having independent value (metering devices, latches, cranes and other).

Article 2. The legislation of the Republic of Kazakhstan in the field of industrial safety

1. The legislation of the Republic of Kazakhstan in the field of industrial safety is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty in the field of industrial safety ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Hazardous production facilities and technical devices

Belong objects on which to hazardous production facilities:

1) it is made, used, processed, will be formed, stored, transported, one of the following dangerous substances is destroyed at least:

igniting - substance which with normal pressure and in mix with air becomes flammable and which boiling temperature with normal pressure constitutes 20 degrees Celsius or below;

explosive - substance which in case of certain types of external impact is capable of the bystry self-extending chemical transformation with allocation of heat and formation of gases;

fuel - the substance capable to ignite spontaneously and also to flare up from source of ignition and to burn independently after its removal;

oxidizing - the substance sustaining the combustion causing ignition and (or) promoting ignition of other substances as a result of oxidation-reduction exothermic reaction;

toxic - the substance capable in case of impact of live organisms to lead to their death and having the following characteristics:

average lethal dose in case of introduction in stomach from 15 to 200 milligrams on kilogram of weight inclusive;

average lethal dose when drawing on skin from 50 to 400 milligrams on kilogram of weight inclusive;

average deadly concentration in air from 0,5 to 2 milligrams on liter inclusive;

highly toxic - the substance capable in case of impact of live organisms to lead to their death and having the following characteristics:

average lethal dose in case of introduction in stomach no more than 15 milligrams on kilogram of weight;

lethal dose when drawing on skin no more than 50 milligrams on kilogram of weight;

average deadly concentration in air no more 0,5 of milligram on liter;

constituting danger to the environment - the substance which is characterized in the water circle by the following indicators of acute toxicity:

average lethal dose in case of inhalation effect on fish within ninety six hours no more than 10 milligrams on liter;

the average concentration of poison causing certain effect in case of impact on water flea within forty eight hours, no more than 10 milligrams on liter;

the average inhibiting concentration in case of impact on alga within seventy two hours no more than 10 milligrams on liter;

the production wastes containing the substances hazardous to health of the person and the environment;

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