of July 21, 1997 No. 116-FZ
About industrial safety of hazardous production facilities
Accepted by the State Duma on June 20, 1997
This Federal Law determines legal, economic and social basis of ensuring safe operation of hazardous production facilities and is directed to the prevention of accidents on hazardous production facilities and ensuring readiness of the legal entities and individual entrepreneurs operating hazardous production facilities (further also - the organizations operating hazardous production facilities) to localization and mitigation of consequences of the specified accidents.
Provisions of this Federal Law extend to all organizations irrespective of their forms of business and patterns of ownership performing activities in the field of industrial safety of hazardous production facilities in the territory of the Russian Federation and in other territories over which the Russian Federation performs jurisdiction in accordance with the legislation of the Russian Federation and rules of international law.
For the purpose of this Federal Law the following concepts are used:
industrial safety of hazardous production facilities (further - industrial safety, safety of hazardous production facilities) - condition of security of the vital interests of the personality and society from accidents on hazardous production facilities and effects of the specified accidents;
accident - destruction of the constructions and (or) technical devices used on hazardous production facility, uncontrollable explosion and (or) emission of dangerous substances;
incident - refusal or damage of the technical devices used on hazardous production facility, variation from the set mode of engineering procedure;
the technical devices used on hazardous production facility - machines, processing equipment, systems of machines and (or) the equipment, aggregates, the equipment, mechanisms used in case of operation of hazardous production facility.
auxiliary mine-rescue teams - the freelance rescue units created by the organizations operating hazardous production facilities on which mining operations, from number of persons employed of such organizations are conducted;
reasons for safety of hazardous production facility - the document containing data on results of risk assessment of accident on hazardous production facility and the related threat, condition of safe operation of hazardous production facility, the requirement to operation, capital repairs, preservation and liquidation of hazardous production facility;
management system industrial safety - complex of the interconnected organizational and technical actions performed by the organization operating hazardous production facilities for the purpose of the prevention of accidents and incidents on hazardous production facilities, localization and mitigation of consequences of such accidents;
modernization of hazardous production facility - the implementations of new technology, automation of hazardous production facility or its separate parts, upgrade or replacement of the technical devices used on hazardous production facility leading to change of engineering procedure on hazardous production facility.
examination of industrial safety - determination of compliance of the objects of examination of industrial safety specified in Item 1 of article 13 of this Federal Law to requirements of industrial safety imposed to them;
the expert in the field of industrial safety - the physical person which conforms to qualification requirements of the professional standard or is certified in the procedure established by the Government of the Russian Federation, has special knowledge in the field of industrial safety and conforms to the requirements established by federal regulations and rules of industrial safety.
1. Hazardous production facilities according to this Federal Law are the companies or their workshops, sites, platforms, and also other production facilities specified in appendix 1 to this Federal Law.
2. Hazardous production facilities are subject to registration in the state register according to the procedure established by the Government of the Russian Federation.
3. Hazardous production facilities depending on the level of potential danger of accidents on them for the vital interests of the personality and society are subdivided according to the criteria specified in appendix 2 to this Federal Law into four classes of danger:
The I class of danger - hazardous production facilities of extremely high danger;
The II class of danger - hazardous production facilities of high danger;
III class of danger - hazardous production facilities of average danger;
The IV class of danger - hazardous production facilities of low danger.
4. Assignment of class of danger to hazardous production facility is performed in case of its registration in the state register.
5. The head of the organization operating hazardous production facilities bears responsibility for completeness and reliability of the data provided for registration in the state register of hazardous production facilities, in accordance with the legislation of the Russian Federation.
1. Requirements of industrial safety - the conditions, prohibitions, restrictions and other mandatory requirements containing in this Federal Law, other Federal Laws adopted according to them regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, and also federal regulations and rules of industrial safety.
2. Requirements of industrial safety shall meet standards in the field of protection of the population and the territories against emergency situations, sanitary and epidemiologic wellbeing of the population, environmental protection, ecological safety, fire safety, labor protection, construction, and also to the mandatory requirements established in accordance with the legislation of the Russian Federation about technical regulation.
3. Requirements of industrial safety for subjects to use of atomic energy are established by the federal regulations and rules of use of atomic energy accepted according to the Federal Law of November 21, 1995 No. 170-FZ "About use of atomic energy".
4. If during the designing, construction, operation, reconstruction, capital repairs, modernization, preservation or liquidation of hazardous production facility departure from the requirements of industrial safety established by federal regulations and rules of industrial safety, such requirements is required there is not enough and (or) they are not established, by persons performing preparation of the project documentation on construction, reconstruction of hazardous production facility, documentation on modernization of hazardous production facility, the project documentation on capital repairs of linear object requirements of industrial safety to operation, capital repairs, modernization, preservation and liquidation of this object in reasons for safety of hazardous production facility can be established.
Reasons for safety of hazardous production facility, and also changes made to reasons for safety of hazardous production facility are subject to examination of industrial safety. Reasons for safety of hazardous production facility, and also changes made to reasons for safety of hazardous production facility affirm the builder or the technical customer (when designing hazardous production facility) or the head of the organization operating hazardous production facility in the presence of positive experimental testimony of industrial safety.
Reasons for safety of hazardous production facility and changes made to it (in case of their availability) go the organization operating hazardous production facility to federal executive body in the field of industrial safety in case of registration of hazardous production facility in the state register, and in case of carrying out capital repairs of linear object or modernization of hazardous production facility using reasons for safety of hazardous production facility - within ten working days from the date of their completion.
The changes made to reasons for safety of the hazardous production facility registered in the state register go the organization operating such hazardous production facility to federal executive body in the field of industrial safety within ten working days from the date of their approval.
5. For the purpose of assistance to observance of requirements of industrial safety the federal executive body in the field of industrial safety has the right to approve the containing explanations of requirements of industrial safety and the recommendation about their application of management about safety.
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