Performance of high-risk works under martial law
The Cabinet of Ministers of Ukraine adopted the Resolution №357 dated March 24, 2022 “Some issues of performance of high-risk work and operation (use) of high-risk machines, mechanisms, equipment for the period of martial law»1 (hereinafter – the Resolution).
Previously the Resolution of the Cabinet of Ministers of Ukraine №1107 dated 26.10.2011 approved the list of high-risk works, as well the list of relevant high-risk machines, mechanisms, equipment, for the performance/operation of which an appropriate permit was required. Performance/operation of all other high-risk works/machines, mechanisms, equipment, which were not included in the above lists, was allowed without obtaining a permit, but on the basis of registration of the declaration of conformity of material and technical base with the requirements of the legislation on labor protection.
Currently, under the Resolution dated 24.03.2022 amendments have been adopted which provided that for the period of martial law some high-risk works/machines, mechanisms, equipment, which are included in the above lists, may also be performed/operated on the basis of the declaration of conformity without obtaining a permit.
Types of high-risk work and operation of machines, mechanisms, equipment, which did not require the permit earlier, but only the declaration had to be submitted – remained unchanged and the declaration procedure continues to apply.
Lists of types of high-risk work and operation (application) of certain types of high-risk machines, mechanisms, equipment for which the permit must be obtained and which may be used/carried out on a declarative basis under martial law are attached to this legal advice in separate files.
The Resolution dated 24.03.2022 provides for the relevant “transitional provisions” governing the validity of the relevant permits for high-risk works/machines, mechanisms equipment, which were issued both before and during martial law, namely:
* If the company has the appropriate permit (regardless of the specific type of high-risk work/machines, mechanisms, equipment for which such a permit was issued), which expired during wartime, such permit is automatically extended for the period of martial law and within one month after its termination or cancellation. In this case, you will not need to obtain a new permit for the period of martial law (the obligation to obtain a new permit will arise after one month from the date of termination or cancellation of martial law).
* If the company has the appropriate permit, which expired before the declaration of martial law in Ukraine, ie until February 24, 2022, depending on which of the lists includes the relevant type of high-risk work/machines, mechanisms, equipment (see annexes to this legal advice), the company will need to either obtain a new permit or register a temporary declaration of conformity for the period of martial law.
* Business entities that have filed declarations of conformity during wartime must obtain appropriate permits no later than one month after termination or cancellation of martial law.
We remind you that the Resolution №1107 provides that the declaration is submitted no later than five working days before the start of high-risk work and operation of high-risk machines, mechanisms, equipment.
The declaration in the form provided by Resolution №1107 is submitted to the Center for Administrative Services in paper form personally or by sending documents by mail. Refusal in registration of the Declaration is not allowed.
As of today, as far as we know, the Center for Administrative Services of the Odessa City Council continues to accept such declarations during the martial law.