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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 permission from the State Labor Service for compliance of high-risk equipment with the requirements of the law
The State Labor Service, in accordance with the procedure prescribed by law, confirms the compliance of high-risk equipment with the requirements of labor protection legislation. This is important in cases where it is necessary to put certain equipment into operation for effective use in the work of employees. The use of high-risk equipment without the appropriate permission of the State Labor Service is a violation of the law and entails significant administrative fines. In the article, we will analyze the key regulatory legal act that concerns obtaining a permit from the State Labor Service for the compliance of high-risk equipment with the requirements of the NPAOP – the Procedure for Issuing Permits, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1107.
What should be considered high-risk equipment?
The most important thing is to correctly classify the equipment at the enterprise and identify what will be considered high-risk equipment. According to the special List of equipment approved by the Resolution of the Cabinet of Ministers of Ukraine No. 77, this category should include:
- firstly, machines and equipment subject to the Technical Regulations;
- secondly, equipment for pressure processing of metals;
- thirdly, lifts for vehicles and other equipment;
- fourthly, gas equipment of significant power (0.1 MW and more);
- fifthly, machines for moving large volumes of cargo in ports, at railway stations;
- sixthly, equipment for the production, storage and disposal of explosive substances.
This list is not exhaustive and may be expanded by other regulatory legal acts in the field of labor protection. To track changes and ensure the legality of the operation of individual equipment, we recommend systematically contacting the lawyers of “Prikhodko & Partners” for professional advice.
Declaration of compliance of hazardous equipment with the requirements of the law: key points
The right to perform hazardous equipment and its compliance with the requirements of the legislation is confirmed by a declaration, the form of which is approved in the Procedure for Issuing Permits, mentioned above. The specified document is essentially an official notification from the enterprise to the State Labor Service that its equipment fully complies with the established legislative requirements. And the state body, considering such a notification, must agree on the right to operate.
Submitting a declaration is a simplified procedure compared to obtaining a separate permit from the State Labor Service to perform hazardous work, since instead of undergoing a comprehensive examination, it allows you to independently confirm the readiness of the production for the safe operation of the relevant equipment. At the same time, the business entity assumes responsibility for the reliability of the information and documents provided.
It is also worth emphasizing that submitting such a declaration does not exempt the entrepreneur from state supervision by the State Labor Service, and in case of violations, it may be canceled on the basis of the law.
The procedure for submitting a declaration and obtaining a permit from the State Labor Service for compliance of high-risk equipment with the requirements of the law
Main stages of the procedure
The procedure for obtaining confirmation of the declaration from the State Labor Service includes several clearly defined stages:
- first — preparation and submission of the declaration. The document is submitted by the employer, manufacturer or supplier no later than five working days before the planned start of operation of the high-risk equipment. It can be submitted in person (by mail) to the territorial body of the State Labor Service or through the Central Administrative Center, and in electronic form through the electronic service of the Ministry of Economy or “Diya”;
- second — registration of the declaration by a representative of the State Labor Service. The administrator is obliged to carry out free registration of the document within five working days from the date of its actual receipt. If the declaration is not completed completely or does not comply with the established form, it and other accompanying documents are returned without consideration until the deficiencies are corrected;
- third — provision of a copy of the declaration and publication of information on the official website of the State Labor Service. In case of successful assessment, the first copy of the declaration remains with the state body, the second with a note on the date and registration number is returned to the business entity. Registered declarations are subject to mandatory scanning and publication on the official website of the State Labor Service within the next business day.
In what form is the declaration submitted?
The declaration is submitted in a clearly established form in Appendix 8 to the Procedure for Issuing Permits, approved by Resolution of the Cabinet of Ministers No. 1107. This also implies compliance with the key requirements for completion: mandatory filling in of all fields; compliance with the accuracy of the names of the equipment and works for which it will be operated. To be sure of the correctness of your own actions and the quality of the prepared document, we recommend that you contact the specialists of “Prikhodko and Partners” for legal support. The final cost of the service can be determined at an introductory consultation with the relevant lawyer.
Validity period of the declaration
The declaration on the compliance of high-risk equipment with the requirements of the law is a permanent document, the validity of which is not limited in time. It also does not require periodic renewal, except for the need to confirm the compliance of new equipment with the requirements of the legislation.
The lawyers of “Prikhodko & Partners” will help you obtain the necessary permits from the State Labor Service for compliance of high-risk equipment with legislative requirements as quickly as possible. To find out the cost of legal support, fill out the form below.
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