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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 1997 No. 116-FZ

About industrial safety of hazardous production facilities

(as amended on 29-07-2018)

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.

Chapter I. General provisions

Article 1. Basic concepts

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 certified in the procedure established by the Government of the Russian Federation which has special knowledge of area of industrial safety conforms to the requirements established by federal regulations and rules of industrial safety and participates in expertize of industrial safety.

Article 2. Hazardous production facilities

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.

Article 3. Requirements of industrial safety

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, 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 person performing preparation of the project documentation on construction, reconstruction of hazardous production facility requirements of industrial safety to its operation, capital repairs, preservation and liquidation in reasons for safety of hazardous production facility can be established.

Reasons for safety of hazardous production facility 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. The changes made to reasons for safety of hazardous production facility go the organization operating hazardous production facility to federal executive body in the field of industrial safety within ten working days from the date of receipt of positive experimental testimony of industrial safety.

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.

Article 4. Legal regulation in the field of industrial safety

1. Legal regulation in the field of industrial safety is performed by 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. If the international treaty of the Russian Federation establishes other rules than provided by this Federal Law, then rules of the international treaty are applied.

3. Federal regulations and rules of industrial safety establish mandatory requirements to:

activities in the field of industrial safety, including to employees of hazardous production facilities, experts in the field of industrial safety;

safety of engineering procedures on hazardous production facilities, including to operations procedure in case of accident or incident on hazardous production facility;

to reasons for safety of hazardous production facility.

Federal regulations and rules of industrial safety are developed and affirm according to the procedure, established by the Government of the Russian Federation.

Article 5. Federal executive bodies in the field of industrial safety

1. For the purpose of implementation of state policy in the field of industrial safety the President of the Russian Federation or determines federal executive bodies in the field of industrial safety by its order Government of the Russian Federation and assigns to them implementation of the corresponding normative regulation, and also special allowing, control and supervising functions in the field of industrial safety. Federal executive bodies in the field of industrial safety have the territorial authorities subordinated to them created in accordance with the established procedure.

2. Federal executive bodies which according to the Federal Laws or regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation are granted the right to perform separate functions of normative legal regulation, special allowing, control or supervising functions in the field of industrial safety shall approve the regulatory legal acts adopted by them, and also coordinate the activities in the field of industrial safety with federal executive body in the field of industrial safety.

3. The powers of federal executive bodies in the field of industrial safety provided by this Federal Law can be transferred for implementation to executive bodies of subjects of the Russian Federation by orders of the Government of the Russian Federation according to the procedure, No. 184-FZ established by the Federal Law of October 6, 1999 "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation".

Chapter II. Bases of industrial safety

Article 6. Activities in the field of industrial safety

1. Designing, construction, operation, reconstruction, capital repairs, modernization, preservation and liquidation of hazardous production facility belong to types of activity in the field of industrial safety; production, installation, adjustment, servicing and repair of the technical devices used on hazardous production facility; expertize of industrial safety.

Separate types of activity in the field of industrial safety are subject to licensing in accordance with the legislation of the Russian Federation.

2. The mandatory requirement to the license applicant for decision making about provision of the license for operation of hazardous production facilities is availability of the documents confirming input of hazardous production facilities in operation or positive experimental testimonies of industrial safety on the technical devices used on hazardous production facilities, buildings and constructions on hazardous production facilities and also in cases, stipulated in Article 14th this Federal Law, declarations of industrial safety.

The licensing body has no right to demand from the license applicant of submission of the specified documents if such documents are at the disposal of the licensing body, bodies providing the state services, bodies, providing municipal services, other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, except for the documents included in No. 210-FZ determined by the Federal Law of July 27, 2010 "About the organization of provision of the state and municipal services" in the list of documents. The licensing body independently requests such documents (the data containing in them) in authorized bodies if the applicant did not provide them on own initiative.

The specified documents can be submitted by the license applicant in the form of electronic documents.

Article 7. The technical devices used on hazardous production facility

1. Mandatory requirements to the technical devices used on hazardous production facility, and forms of assessment of their compliance to the specified mandatory requirements are established in accordance with the legislation of the Russian Federation about technical regulation.

2. If the technical regulation does not establish other form of assessment of conformity of the technical device used on hazardous production facility, to mandatory requirements to such technical device it is subject to examination of industrial safety:

prior to application on hazardous production facility;

after service life or in case of exceeding of quantity of the cycles of loading of such technical device established by his producer;

in case of absence in technical documentation of data on service life of such technical device if the actual term of its service exceeds twenty years;

after work, the bearing elements of such technical device, or recovery repair connected with change of design, material substitution after accident or incident on hazardous production facility as a result of which such technical device was damaged.

3. By federal regulations and rules of industrial safety opportunity, procedure and terms of pilot use of technical devices on hazardous production facility without expertize of industrial safety on condition of observance of parameters of engineering procedure from which variations can lead to accident on hazardous production facility can be provided.

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