Substantial amendments to the legislation on industrial safety of hazardous production facilities

15.03.2013

Legal Update No. 411, 15 March 2013

Goltsblat BLP advises that Federal Law No. 22-FZ “On Amendment of the Federal law ‘On Industrial Safety of Hazardous Production Facilities’ and Certain Legislative Acts of the Russian Federation…” was adopted on 04 March 2013, substantially changing the regulation of industrial safety.

1. Federal Law of 04 March 2013 No. 22-FZ (the Law) introduces new criteria for hazardous production facilities. In particular, the following are no longer classed as hazardous production facilities:

  • Facilities receiving, using, processing, forming, storing, transporting or destroying hazardous substances in quantities lower than that set by the Law. At the same time, for the purposes of classing a facility as being hazardous, account must be taken of two circumstances. First, quantities of different hazardous substances of one type are summed. Second, the characteristics of neighbouring hazardous production facilities must be taken into consideration: if the distance between hazardous production facilities is less than five hundred metres, irrespective of whether they are run by the same or different organisations, it is the aggregate quantity of hazardous substances of a single type that is taken into account;
  • Lifts, escalators (other than escalators in the Metro) and lifting platforms for invalids;
  • Facilities extracting common minerals or performing open cast mining of alluvial mineral assets without use of explosives.

It is also expressly specified that power supply network facilities are not classed as hazardous production facilities.

2. Hazardous production facilities are now divided into four hazard classes: from IV through I, depending on the increase in the hazard. The Law differentiates the requirements on hazardous production facilities depending on the hazard class. In particular:

  • from 1 July 2013, class IV hazard facilities may be operated without a licence to operate explosion or chemically hazardous production facilities. From 1 January 2014, scheduled inspections will not be made of such facilities;
  • from 1 January 2014, certain categories of hazard class I, II and III facilities will have to develop action plans for localising and eliminating the consequences of accidents and those of hazard classes I and II will also have to have in place an industrial safety management system meeting requirements set by the Government of the Russian Federation;
  • a declaration of industrial safety is executed only for hazard class I and II facilities handling hazardous substances;
  • from 1 January 2014, permanent state supervision will be exercised over hazard class I facilities.

A hazard class will be allocated to a hazardous production facility when it is entered in the state register. Hazardous production facilities already registered are subject to re-registration before 1 January 2014, during which process they will be allocated a hazard class.

3. The previously used term “technical re-equipment” has now been defined as introduction of new technology, automation of a hazardous production facility or its individual parts, or modernisation or replacement of the technical devices used at the hazardous production facility, provided these result in changes to the production process at the facility. From the perspective of the town-planning legislation, such technical re-equipment may meet the criteria of reconstruction or overhaul in the terminology of the Town-planning Code of the Russian Federation.

4. The Law abolishes the requirements to perform an expert review of industrial safety in relation to documentation on overhaul of hazardous production facilities. Let us note that, according to the Town-planning Code of the Russian Federation, no expert review is required of the design documentation for an overhaul. In this connection, overhaul design documentation is no longer covered by the need for an expert review and, consequently, by assessment of industrial safety, unless such an overhaul constitutes technical re-equipment according to the Law (in which case, the documentation on this, as on technical re-equipment, is subject to industrial safety expert review).

5. If, during operation, overhaul, mothballing or liquidation of hazardous production facilities, departures from the industrial safety requirements are necessary, such requirements are insufficient and (or) not established at all, the person preparing the design documentation for construction or reconstruction of a hazardous production facility may now develop special requirements for operation, overhaul, mothballing or liquidation of the given hazardous production facility by including such requirements in the so-called safety analysis for the relevant hazardous production facility. The safety analysis for hazardous production facilities, as well as amendments to this, is subject to industrial safety expert review.

6. From 1 January 2014, the Law abolishes the requirement for obtaining permits to use technical devices at hazardous production facilities. According to the general rule, technical devices will be subject only to industrial safety expert review.

In addition, amendments have been made to article 48.1 of the Town-planning Code of the Russian Federation specifying the list of particularly hazardous production facilities.

The Law comes into effect on 15 March 2013, apart from individual provisions with an effective date of 1 July 2013 or 1 January 2014.

If you have any question or would like more detailed information, please contact: Vitaly Mozharowski, Partner, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Vitaly.Mozharowski@gblplaw.com; or Yuri Chernobrivtsev, Partner, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Yuri.Chernobrivtsev@gblplaw.com; or Ekaterina Verle, Senior Associate, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Ekaterina.Verle@gblplaw.com.

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