Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Obtaining a permit from the State Labor Service for the operation of high-risk equipment and performance of high-risk work
The process of obtaining permits from the State Labor Service for performing certain works is aimed at occupational safety. It is important to correctly identify the types of work and equipment for their belonging to the category of increased danger. Since 2021, a new Procedure for Issuing Permits, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1107, has come into force, which makes such identification possible and defines a clear procedure for obtaining the appropriate permit from the State Labor Service. In this article, we will go through the main points of this Procedure.
For which high-hazard works do you need to obtain a permit from the State Labor Service?
The following activities are classified as high-risk work requiring official permission:
- work with explosives, flammable liquids (production of pyrotechnics);
- work related to the disposal of weapons, ammunition and rocket products;
- underground work in mines and mines;
- inspection and testing of machines, mechanisms, equipment of high risk (their list is given in a separate Procedure approved by Resolution of the Cabinet of Ministers of Ukraine No. 77 of February 3, 2021);
- activities on live cable lines;
- metallurgical and chemical production, scrap metal sales;
- construction of underground structures, major repairs of buildings carried out at height;
- loading and unloading operations at the enterprise;
- production of rubber and plastic products;
- construction of main gas pipelines, oil pipelines, gas supply systems, etc.
This list of works is not exhaustive and may be supplemented at the initiative of the State Labor Service. Therefore, it is important to constantly update this information by checking the law. A qualified lawyer from “Prikhodko & Partners” can help with this, providing professional advice and analysis of legislative amendments.
Procedure for obtaining a permit from the State Labor Service for the operation of equipment and performance of high-risk work
The State Labor Service issues a permit directly to employers, manufacturers, or suppliers of high-risk equipment. To obtain the necessary permit, the applicant may submit documents in one of the following ways:
- directly contact the territorial body of the State Labor Service at the place of registration or the Central Administrative Center;
- send documents by mail;
- submit a request through the state web portal “Diya”;
- interact through the integrated system available through the Portal of Electronic Services of the Ministry of Economy.
What documents are required for this?
To obtain the appropriate permit, it is necessary to submit: first, an application of the established form (Appendix 4 to the Procedure for Issuing Permits); second, an expert opinion on the state of labor protection and safety of industrial production. The territorial body of the State Labor Service is prohibited from submitting a request for additional documents as required by current national legislation.
Permit validity
Permits are valid only on the territory of Ukraine, and their validity period is five years from the date of issue. However, they can be renewed for the next five years on the basis of the submission of a corresponding application by the employer upon the expiration of the current arbitrary document.
How to obtain an expert opinion on labor protection and production safety at the enterprise?
The following steps must be taken:
- first, to form the subject of the examination (specific types of work, equipment) and its tasks;
- second, to contact an accredited body that is included in the Register of Conformity Assessment Bodies;
- third, to agree and conclude an agreement on conducting the relevant examination, to pay the specialist for assessment services;
- fourth, to prepare and provide the expert with a package of necessary documents (documentation on labor protection, technological processes, materials for assessing risks at workplaces, etc.);
- finally, to obtain a conclusion on the state of labor protection and safety of industrial production, signed by a certified expert of the organization or institution.
How can lawyers of “Prikhodko and Partners” help?
Our experienced specialists provide legal support on various issues related to obtaining permits from the State Labor Service for the operation of equipment and the performance of high-risk work. Clients can receive:
- high-quality legal advice and legal analysis of documents. This includes the assessment of existing documentation, the development of a step-by-step action plan;
- prompt preparation of a full package of documents. This includes both drawing up an application and interacting with an accredited expert institution to obtain an opinion on labor protection and production safety;
- legal support on other relevant issues. It may concern the representation of the client’s interests during communication with representatives of the State Labor Service, legal assessment of the prospects for appealing a refusal and filing a lawsuit in court to cancel unlawful refusals.
Turning to the lawyers of “Prikhodko & Partners” will allow you to significantly simplify the process of obtaining a permit from the State Labor Service. Go through all the stages easily and without unnecessary bureaucracy! To find out the cost of legal support, fill out the form below.
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