Approval of labor protection

Labor protection permit

Recently, occupational health and safety issues have become particularly important in light of the discussion of the new Labor Code of Ukraine, as many of the proclaimed principles of "attention to workers" have not been true for many years of its post-totalitarian existence. The large gap between the declarative nature of humanistic legislation and the terrible working conditions at some enterprises poses a real threat to human life and health, which is unacceptable for a democratic state governed by the rule of law, as Ukraine must become a member of the civilized European community. Overcoming these shortcomings was facilitated by the adoption of the Law of Ukraine "On Amendments to the Law of Ukraine "On Labor Protection" of 21.11.2002 No. 229-IV, which significantly improved the provisions of the largely outdated Law of Ukraine "On Labor Protection" of 24.11.1992 No. 2694-XII.

To improve the level of industrial safety, the Law introduced continuous technical control over the state of production facilities, technologies and products. The new law emphasized the importance of a collective bargaining agreement for the life of each enterprise, which allows employees to be provided with additional personal protective equipment in excess of the statutory standards. An important innovation was the exclusion of numerical restrictions on employees (previously 50 people) as a condition for the establishment of a labor protection commission at the initiative of the staff, and whereas previously the decisions of these commissions were advisory, now the labor protection service, in the event of violations, has the right to demand the suspension from work of persons who have not undergone the medical examination, training, briefing, knowledge testing required by law and are not authorized to perform the relevant work or do not comply with the requirements of labor protection regulations, as well as to stop work.

The maximum fine for failure to comply with the requirements of labor protection legislation and orders of state supervision officials has been increased from 2% to 5% of the monthly wage fund. At the same time, failure to pay the fine by employers - legal entities or individuals who, in accordance with the law, use hired labor - entails the accrual of a penalty of 2% for each day of delay - previously, no penalty was charged.

Therefore, it is obvious that a business entity that intends to start (continue) performing hazardous work or operating hazardous facilities, machinery, mechanisms, equipment must obtain the appropriate permit from the State Committee of Ukraine on Industrial Safety, namely a hazardous work permit (or a permit to start work). Along with the construction license, each company also obtains a permit to start hazardous work, a document that gives the right to carry out construction with hazardous work.

To obtain a permit, the following documents must be submitted to the State Committee on Occupational Safety and Health

• application of the established form;
• to start (continue) high-risk work: an expert opinion of the expert and technical center (ETC) on the possibility of ensuring compliance with the requirements of the laws on labor protection and industrial safety in the performance of the declared work;
• for the operation of the facility: an expert opinion on the compliance of the facility with the requirements of regulatory legal acts on labor protection and industrial policy (taking into account the results of certification, if any) and the ability to ensure compliance with the requirements of the legislation during its operation, as well as operational documentation;
• to conduct training on occupational safety and health: an expert opinion of the main scientific and methodological center or ETC of the State Committee of Ukraine on Occupational Safety and Health on the possibility of conducting training on occupational safety and health.

Of course, a package of title documents is attached:

• an extract from the Unified State Register;
• a copy of the state registration certificate;
• a copy of the certificate of the statistical office;
• a copy of the charter;
• copy of the lease agreement for the premises;
• copy of the license with the application;
• copy of the VAT payer certificate;
• certificate of taxpayer registration;
• bank details of the company

Additionally:

• copies of protocols and certificates of occupational health and safety knowledge testing, company orders on occupational health and safety, information on the availability of equipment, copies of technical data sheets for equipment and tools, copies of employees' documents confirming their qualifications and their personal documents - passports and identification number certificates;
• a list of hazardous works to be performed by the company (No. 1107 of October 26, 2011);
• staffing table for employees engaged in the performance of the declared types of work.

If the employer has not obtained a permit to start work and types of work of the enterprise whose activities are related to the performance of work and operation of high-risk facilities, machinery, mechanisms, equipment and has not eliminated them within one month from the date of detection of the deficiencies, the local executive authority or local self-government body, upon submission of the authorized central executive body for supervision over labor protection, has the right to take measures to cancel the state registration of this enterprise.

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