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Additional clarifications on the implementation of the Ordinance of the Government of the Russian Federation of 03.04.2020, No. 440 “Concerning Extension of Permits and Other Specifics Regarding Permitting Activities in 2020”

27.05.2020

1. The norm established by Paragraph 2 of Appendix 5 to the Ordinance of the Government of the Russian Federation of April 3, 2020, No. 440 "Concerning Extension of Permits and Other Specifics Regarding Permitting Activities in 2020” (hereinafter Ordinance No. 440) does not cancel and does not replace the obligation of the operating organization to carry out the set of measures aimed at ensuring the safe operation of hazardous production facilities established by Paragraph 1 of Article 9 of Federal Law of July 21, 1997, No. 116-FZ “On Industrial Safety of Hazardous Production Facilities.” The decision on the need to develop additional measures to ensure the safe operation of hazardous production facilities is taken by the operating organization on the basis of the actual state of the facilities being operated.

2. The head (deputy head, head of a separate unit) of the operating organization makes the decision on the operation of the applied technical devices, buildings and structures at a hazardous production facility without conducting an industrial safety review, and also records the fact of its adoption, in accordance with the procedure established in this organization.
Informing Rostechnadzor or its territorial body of the decision is not required. Verification of the availability of the decision on the operation of technical devices, buildings and structures used at a hazardous production facility without conducting an industrial safety review is carried out during inspection activities related to state control (supervision) in the field of industrial safety and the provision of state services for licensing certain types of activities.

3. Penalties for failure to fulfill, from April 6, 2020 to July 1, 2020, the requirements of subparagraph “m” of Paragraph 5 of the Regulation on licensing the operation of fire explosive and chemically hazardous production facilities of hazard classes I, II and III, approved by the Ordinance of the Government of the Russian Federation of June 10, 2013, No. 492, are not applied provided that the requirements of Paragraph 2 of Appendix 5 to Ordinance No. 440 are met. According to this paragraph, the decision to operate hazardous production facilities without conducting an industrial safety review of technical devices, buildings and structures must be made by the head (deputy head) of the operating organization, or by the head of its separate structural unit (branch, representative office) – in cases when such rights are provided for by the regulation on such a separate unit. This decision must be documented in a form determined by the organization on its own.

4. From July 1, 2020 to December 31, 2020, it is allowed to conduct industrial safety reviews of technical devices, buildings and structures at hazardous production facilities using remote interaction between industrial safety experts and employees of the operating organizations. This norm is related to the fulfillment of the requirements for inspection of technical devices, buildings and structures by the experts.
Paragraph 3 of Appendix 5 to Ordinance No. 440 does not apply to technical diagnosis of technical devices and inspection of buildings and structures.
At the preparatory stage before the industrial safety review by the expert organization, it is advisable to determine the list of necessary documents and information (photo and video materials) needed for the review, coordinate the forms and formats for their presentation with the customer, identify circumstances that prevent the customer from sending the necessary documents to the expert organization and information using electronic interaction, work out measures to provide the customer with the opportunity to send copies of documents and information necessary for the review in a way that envisages contactless delivery.

5. When conducting studies related to the need for visual and measuring control, such studies are carried out with due account of the restrictive and other measures taken to protect the population in the framework of the counteraction against the new coronavirus infection (COVID-19) adopted by the executive authorities of the constituent entities of the Russian Federation, in the territory of which such work is planned.

6. When conducting a review using remote interaction, all requirements established by the legislation of the Russian Federation must be observed.

7. Differentiation of the timing of industrial safety reviews for different facilities is not provided.
At the same time, we note the fact that Ordinance No. 440 does not establish prohibitions on the implementation of industrial safety reviews during the period of measures aimed at combating the coronavirus infection.

8. Ordinance No. 440 established the specifics of regulation of activities in the field of industrial safety, the safety of hydraulic structures, in the field of electric power and heat supply from April 3, 2020 to December 31, 2020, namely, it is determined that the available certifications in the field of industrial safety, on issues of safety of hydraulic structures, and safety in the electric power industry (hereinafter referred to as certification) are extended and considered valid until October 1, 2020. Also, until December 31, 2020, the period of initial certification calculated from the date of job appointment has been increased from one to three months.
The provision of state services for certification on issues of industrial safety, certification in the field of industrial safety, on the issues of safety of hydraulic structures, and safety in the electric power industry was resumed from 04.13.2020, taking into account the non-working days established by Decrees of the President of the Russian Federation No. 206 dated March 25, 2020, No. 206 dated April 2, 2020, and No. 294 dated April 28, 2020.
The certification procedure, including using the Unified Testing Portal, in the field of industrial safety, on issues of safety of hydraulic structures, and safety in the electric power industry is determined by the Regulation on certification in industrial safety, on issues of safety of hydraulic structures, and safety in the electric power industry approved by the ordinance of the Government of the Russian Federation of October 25, 2019, No. 1365 (hereinafter Ordinance No. 1365) remains unchanged.

9. The validity of certifications that expired before the entry into force of Ordinance No. 440 must not be extended.

10. The certification conducted against the requirements of Ordinance No. 1365 is not recognized as valid.

11. In accordance with Paragraph 4 of Appendix 6 to Ordinance No. 440 (as amended by the Ordinance of the Government of the Russian Federation of April 22, 2020, No. 557 “Concerning Amending of Certain Acts of the Government of the Russian Federation with Regard to Establishing Specifics of Implementation of Control-Supervisory and Authorizing Activities in 2020”), it is allowed to operate a hydraulic structure without entering and/or updating the information in the Russian Register of Hydraulic Structures and the corresponding permit for operation of the hydraulic structure.
No special renewal is required.
At the same time, the organization has the right to develop a safety declaration for the hydraulic structure and obtain permit for its operation on its own initiative.

12. Knowledge testing of labor protection requirements and other safety requirements for the organization and performance of work in electrical installations is not carried out from April 6, 2020 to October 1, 2020.
The lack of knowledge testing during this period will not constitute a violation of mandatory requirements.

13. The extension of the validity of permits and licenses, the validity period of which is about to expire (has expired) from April 15, 2020 to December 31,2020, applies exclusively to the permits and licenses specified in Appendix 1 to Ordinance No. 440.


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