ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 15, 2012 No. 1170

About approval of regulations on federal state supervision in the field of industrial safety

According to article 16 of the Federal law "About Industrial Safety of Hazardous Production Facilities" Government of the Russian Federation decides:

1. Approve the enclosed Regulations on federal state supervision in the field of industrial safety.

2. Determine that realization of the powers provided by the Provision approved by this resolution is performed by Federal Service for Environmental, Technological and Nuclear Supervision within the limiting Russian Federation established by the Government of the number of employees of its central office and territorial authorities, and also budgetary appropriations provided to Service in the federal budget on management and management in the field of the established functions.

Approved by the Order of the Government of the Russian Federation of November 15, 2012 No. 1170

Regulations on federal state supervision in the field of industrial safety

1. This Provision establishes procedure for the organization and implementation of federal state supervision in the field of industrial safety (further - federal state supervision).

2. Task of federal state supervision is the prevention, identification and suppression of violations by the legal entities performing activities in the field of industrial safety, their heads and other officials, individual entrepreneurs, their authorized representatives (further - legal entities and individual entrepreneurs) the requirements established by the Federal Law "About Industrial Safety of Hazardous Production Facilities", other Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them in the field of industrial safety (further - mandatory requirements).

3. Federal state supervision is exercised by Federal Service for Environmental, Technological and Nuclear Supervision and other authorized federal executive bodies.

4. Provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" taking into account features of the organization and conducting the checks established by the Federal Law "About Industrial Safety of Hazardous Production Facilities" are applied to the relations connected with implementation of federal state supervision.

5. Subject of federal state supervision is observance by the legal entity and individual entrepreneur in the course of implementation of activities in the field of industrial safety of mandatory requirements, and also compliance to mandatory requirements of the used buildings, rooms, constructions, technical devices, the equipment, materials and the performed engineering procedures.

If activities in the field of industrial safety are performed by the legal entity, individual entrepreneur using reasons for safety of hazardous production facility, subject of check is observance of requirements of such reasons for safety.

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

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

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

c) expertize of industrial safety;

d) preparation and retraining of employees of hazardous production facility in not educational institutions.

7. Federal state supervision is exercised by means of the organization and conducting checks of legal entities and individual entrepreneurs, constant state surveillance, acceptance of stipulated by the legislation measures of the Russian Federation for suppression, the prevention and (or) elimination of effects of the revealed violations, and also by means of systematic observation of execution of mandatory requirements, carrying out the analysis and forecasting of condition of execution of mandatory requirements when implementing activities in the field of industrial safety by legal entities and individual entrepreneurs.

7(1). The officials of Federal Service for Environmental, Technological and Nuclear Supervision exercising federal state supervision when conducting planned inspection shall use checking sheets (lists of control questions).

Use of checking sheets (lists of control questions) is performed when conducting planned inspection of all legal entities and individual entrepreneurs.

Checking sheets (lists of control questions) contain the questions mentioning the mandatory requirements shown to the legal entity and the individual entrepreneur which observance is the most significant from the point of view of non-admission of emergence of threat of damnification of life, to health of citizens, harm to animals, plants, the environment, objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, safety of the state, and also threat of emergency situations of natural and technogenic nature.

The subject of scheduled inspection of legal entities and individual entrepreneurs is limited to the list of the questions included in checking sheets (lists of control questions).

8. The officials of Federal Service for Environmental, Technological and Nuclear Supervision exercising federal state supervision are:

a) head of Service;

b) deputy managers of Service and heads of structural divisions of central office of Service under whose authority questions of federal state supervision are;

c) deputy managers of structural divisions of central office of Service, chiefs of departments and deputy chiefs of departments of structural divisions of central office of Service under whose authority questions of federal state supervision are;

d) federal government civil servants of category "specialists" of the leading group of positions in structural divisions of central office of Service under which authority questions of federal state supervision are and which are the chief state inspectors of federal state supervision;

e) federal government civil servants of category "specialists" of the senior group of positions in structural divisions of central office of Service under which authority questions of federal state supervision are and which are the state inspectors of federal state supervision;

e) heads of territorial authorities of Service;

g) deputy managers of territorial authorities of Service, chiefs of departments and deputy chiefs of departments under which authority questions of federal state supervision are;

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