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LAW OF TURKMENISTAN

of February 4, 2017 No. 495-V

About industrial safety of hazardous production facilities

This Law determines legal, economic and social basis of ensuring safe operation of hazardous production facilities and is directed to accident prevention on hazardous production facilities and ensuring readiness of the legal entities and physical persons operating hazardous production facilities (further – the organizations operating hazardous production facilities) to localization and mitigation of consequences of the specified accidents.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are used:

1) industrial safety of hazardous production facilities (further – industrial safety) – condition of security of the vital interests of the personality and society from accidents on hazardous production facilities and consequences of the specified accidents;

2) accident – destruction of the constructions, their components or technical devices applied on hazardous production facility, uncontrollable explosion or emission of dangerous substances;

3) incident – refusal or damage of the technical devices used on hazardous production facility, variation from the set mode of engineering procedure;

4) the technical devices used on hazardous production facility – machines, processing equipment, systems of machines or the equipment, aggregates, the equipment, mechanisms used in case of operation of hazardous production facility;

5) auxiliary mine-rescue teams – the rescue units which are not entering into structure created by the organizations operating hazardous production facilities on which mining operations, from number of persons employed of such organizations are conducted;

6) 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;

7) management system industrial safety – complex of the interconnected organizational and technical actions performed by the organization operating hazardous production facilities for the purpose of accident prevention and incidents on hazardous production facilities, localization and mitigation of consequences of such accidents;

8) 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;

9) examination of industrial safety – determination of compliance of the objects of examination of industrial safety specified in part one of article 14 of this Law to requirements of industrial safety imposed to them;

10) the expert in the field of industrial safety – the physical person certified according to the procedure, established by the Cabinet of Ministers of Turkmenistan which has special knowledge of area of industrial safety, conforms to the requirements established by 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 Law are the companies or their shops, sites, platforms, and also other production facilities specified in the Section I of amendment 1 to this Law.

2. Hazardous production facilities are subject to registration in the State register of hazardous production facilities according to the procedure established by the Cabinet of Ministers of Turkmenistan.

3. Hazardous production facilities depending on the level of danger of accidents on them for the vital interests of the personality and society are subdivided according to the criteria specified in amendment 2 to this 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 of hazardous production facilities.

5. The head of the organization operating hazardous production facilities shall provide completeness and reliability of the data provided for registration in the State register of hazardous production facilities according to the legislation of Turkmenistan.

6. The Cabinet of Ministers of Turkmenistan for the purpose of prevention of emergency situations and ensuring readiness of forces and means to their liquidation in case of origin on the production facilities provided by the Section II of amendment 1 to this Law and also on other production facilities which are not referred to category dangerous, having the right to set the mode of potentially dangerous objects taking into account requirements of this Law.

Article 3. Requirements of industrial safety

1. Requirements of industrial safety – the conditions, prohibitions, restrictions and other mandatory requirements containing in this Law, other laws adopted according to them regulatory legal acts of Turkmenistan, and also regulations and rules of industrial safety.

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