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LAW OF THE REPUBLIC OF BELARUS

of January 5, 2016 No. 354-Z

About industrial safety

(as amended on 28-05-2021)

It is accepted by the House of Representatives on December 10, 2015

Approved by Council of the Republic on December 18, 2015

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

accident – destruction of the hazardous production facilities and (or) potentially dangerous objects including operated on hazardous production facility, uncontrollable explosion and (or) emission of dangerous substances;

incident – the failure or damage of potentially dangerous objects operated on hazardous production facility, the technical devices operated on potentially dangerous object, destruction of the technical devices operated on potentially dangerous object, variation from the parameters ensuring safety of conducting engineering procedure, which are not leading to accident;

hazardous production facility – the object specified in the list of hazardous production facilities according to appendix 1;

training of workers of the subject of industrial safety concerning industrial safety (further – preparation concerning industrial safety) – the process directed to development by workers of the subject of industrial safety of contents of educational programs of additional education of adults concerning ensuring industrial safety for the purpose of development of safe methods and working methods which accomplishment belongs to functional (official) duties of such workers;

potentially dangerous object – the object specified in the list of potentially dangerous objects in the field of industrial safety according to appendix 2;

examination concerning industrial safety – confirmation of knowledge of requirements of industrial safety;

production supervision in the field of industrial safety – the complex of the organizational and technical actions realized by the subject of industrial safety, aimed at providing safe operation of hazardous production facility and (or) potentially dangerous object and also on the prevention of accidents and (or) incidents on these objects;

industrial safety – the condition of security of the vital interests of the personality and society from emergence of accidents and incidents provided with complex of the organizational and technical actions established by this Law and other acts of the legislation;

workers of the subject of industrial safety – the physical persons working according to the employment contracts providing performance of work in the field of industrial safety, working under civil agreements which subject is performance of works (rendering services) in the field of industrial safety, the educations studying in organizations and involved to works in the field of industrial safety during practical training, inservice training, training military personnel of Armed Forces of the Republic of Belarus and transport troops, the state security agencies, bodies of the border service, the staff of law-enforcement bodies, the military personnel of internal troops of the Ministry of Internal Affairs, employees having the special ranks, the State committee of judicial examinations involved according to the legislation in performance of works (rendering services) in the field of industrial safety and also physical persons containing in the organizations of criminal executive system or being in medical and labor dispensaries, involved in accomplishment of paid works in the field of industrial safety;

technical devices – the equipment, structural elements of pipelines, machines, mechanisms, products or their set which can be used in case of operation of hazardous production facility and (or) potentially dangerous object and which technical condition exerts direct impact on condition of industrial safety;

requirements of industrial safety – the conditions, prohibitions, restrictions and other requirements, obligatory for observance, containing in this Law, acts of the President of the Republic of Belarus, rules on ensuring industrial safety, other acts of the legislation, international treaties of the Republic of Belarus, technical regulations of the Customs union and also in the technical regulations of the Eurasian Economic Union and other acts constituting the right of the Eurasian Economic Union which observance ensures industrial safety;

the expert in the field of industrial safety – the physical person having special knowledge in the field of industrial safety, certified in the procedure established by the legislation and participating in expertize of industrial safety, engineering certification of potentially dangerous objects;

examination of industrial safety – determination of compliance of the objects of examination of industrial safety specified in part one of article 27 of this Law to requirements of industrial safety imposed to them.

Article 2. Coverage of this Law

This Law governs the relations connected with ensuring industrial safety of hazardous production facilities and (or) potentially dangerous objects when implementing activities in the field of industrial safety – their designing, production, construction, reconstruction, technical upgrade, acceptance, commissioning, installation, adjustment, servicing, repair, technical diagnosing, engineering certification, testing, operation, preservation, liquidation, temporary suspension, conclusion from operation, including in case of production, reconstruction, technical upgrade, installation, adjustment, servicing, repair, technical diagnosing, engineering certification, testing of technical devices (further, unless otherwise specified, – activities in the field of industrial safety), and also with localization and accident elimination and incidents, their effects, and other relations in the field of industrial safety.

Operation of this Law does not extend to the relations connected with implementation of activities in the field of industrial safety by physical persons, except for the individual entrepreneurs, physical persons who are workers of the subject of industrial safety, and also experts in the field of industrial safety.

Article 3. Subjects of industrial safety and objects of the relations in the field of industrial safety

Subjects of industrial safety are legal entities, including the foreign and international legal entities, the organizations who are not legal entities (further - legal entities), and also the individual entrepreneurs performing activities in the field of industrial safety.

Objects of the relations in the field of industrial safety are hazardous production facilities, potentially dangerous objects and technical devices.

Article 4. Types of hazardous production facilities

Hazardous production facilities depending on the level of potential danger of accidents are subdivided into them according to the criteria specified in appendix 1, on three types:

danger object I – hazardous production facilities of extremely high danger;

danger object II – hazardous production facilities of high danger;

danger object III – hazardous production facilities of average danger.

Article 5. Legal regulation of the relations in the field of industrial safety

The relations in the field of industrial safety are governed by this Law, acts of the President of the Republic of Belarus, other acts of the legislation in the field of industrial safety, international treaties of the Republic of Belarus, technical regulations of the Customs union, and also the technical regulations of the Eurasian Economic Union and other international legal acts constituting the right of the Eurasian Economic Union.

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Chapter 2. State regulation and the state supervision of the organization of works concerning hazardous production facilities and (or) potentially dangerous objects when implementing activities in the field of industrial safety

Article 6. State regulation in the field of industrial safety

State regulation in the field of industrial safety is performed by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Emergency Situations, other republican state bodies, the state organizations subordinated to the Government of the Republic of Belarus, central office of the State committee of judicial examinations, local executive and administrative organs within their competence.

The Ministry of Emergency Situations shall approve the regulatory legal acts adopted by it in the field of industrial safety with republican state bodies, central office of the State committee of judicial examinations if such regulatory legal acts contain the normative legal instructions concerning the specified state bodies.

Republican state bodies, central office of the State committee of judicial examinations shall approve the regulatory legal acts adopted by them in the field of industrial safety with the Ministry of Emergency Situations.

Article 7. Powers of the President of the Republic of Belarus in the field of industrial safety

The president of the Republic of Belarus in the field of industrial safety determines state policy, performs other powers according to the Constitution of the Republic of Belarus, this Law and other legal acts.

Article 8. Powers of Council of Ministers of the Republic of Belarus in the field of industrial safety

Council of Ministers of the Republic of Belarus in the field of industrial safety:

provides carrying out state policy;

establishes procedure for carrying out identification of hazardous production facilities, and also form of the accounting card of hazardous production facility;

establishes order of registration of hazardous production facilities, and also form of the registration certificate of hazardous production facility, procedure for issue of the registration certificate of hazardous production facility, introduction in it of changes and (or) amendments;

establishes procedure for maintaining the state register of hazardous production facilities, procedure and cases of modification of the data containing in the state register of hazardous production facilities and exceptions of data on hazardous production facilities of this register, provision to interested persons of information containing in the state register of hazardous production facilities;

establishes procedure and cases of registration of potentially dangerous objects, modification of the documents connected with registration of potentially dangerous objects and also form of the magazine of registration of potentially dangerous objects;

approves the list of permissions (certificates) to the right of accomplishment of separate work types (rendering separate types of service) when implementing activities in the field of industrial safety and establishes procedure for their issue;

establishes procedure for certification of experts in the field of industrial safety;

establishes cases, procedure and terms of expertize of industrial safety, the requirement to form of experimental testimony of industrial safety, approves the list of potentially dangerous objects and the technical devices operated on them which are subject to examination of industrial safety;

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