Article 39. State control and supervision in the field of industrial safety of the Law on Civil Protection

Home / Laws / Article 39. State control and supervision in the field of industrial safety of the Law on Civil Protection

1. State control and supervision in the field of industrial safety are aimed at preventing the harmful effects of hazardous production factors arising from accidents, incidents at hazardous production facilities, social infrastructure facilities, personnel and the public.

2. State control and supervision in the field of industrial safety shall be carried out for:

1) compliance by hazardous production facilities and organizations operating hazardous technical devices with industrial safety requirements;

2) timely inspection and diagnosis of industrial buildings, technological structures of hazardous production facilities, and technical inspections of hazardous technical devices;

3) the readiness of hazardous production facilities and organizations operating dangerous technical devices to carry out work to eliminate and localize accidents and their consequences;

4) safe operation of dangerous technical devices at social infrastructure facilities;

5) the readiness of professional emergency services in the field of industrial safety to perform mining, gas rescue, and anti-spontaneous operations at hazardous production facilities;

6) legal entities certified for the right to carry out work in the field of industrial safety.

State control and supervision in the field of industrial safety are carried out in the form of preventive control with a visit to the subject (object) of control and supervision, inspection and investigation.

Preventive control with a visit to the subject (object) of control and supervision, verification is carried out in accordance with the Business Code of the Republic of Kazakhstan. The investigation is carried out in accordance with the Business Code of the Republic of Kazakhstan and this Law.

3. Officials who exercise state control and supervision in the field of industrial safety include:

1) chief State Inspector of the Republic of Kazakhstan for state control and supervision in the field of industrial safety – head of the structural unit of the authorized body in the field of industrial safety;

2) deputy Chief State Inspector of the Republic of Kazakhstan for state control and supervision in the field of industrial safety – deputy head of the structural unit of the authorized body in the field of industrial safety;

3) the State inspector of the Republic of Kazakhstan for state control and supervision in the field of industrial safety is an official of the structural subdivision of the authorized body in the field of industrial safety;

4) the chief state inspector of the region, the city of republican significance, the capital for state control and supervision in the field of industrial safety – the head of the regional, the city of republican significance, the capital of the territorial subdivision of the authorized body in the field of industrial safety;

5) deputy chief state inspector of the region, city of republican significance, capital for state control and supervision in the field of industrial safety – deputy head of the regional, city of republican significance, capital of the territorial subdivision of the authorized body in the field of industrial safety;

6) state inspector of the region, city of republican significance, capital, district, city of regional significance, district in the city for state control and supervision in the field of industrial safety – an official of the regional, city of republican significance, capital, district, city of regional significance, district in the city of the territorial subdivision of the authorized body in the field of industrial safety;

7) the state inspector of cities of republican significance, the capital, districts (cities of regional significance) for state control and supervision of the safe operation of dangerous technical devices at social infrastructure facilities and for state control over the safe operation of household cylinders and gas-consuming systems of domestic, communal consumers and social infrastructure facilities – an official of cities of republican significance, capitals, districts (cities of regional significance) of structural divisions of local executive bodies.

4. During the implementation and (or) based on the results of state control and supervision in the field of industrial safety, in cases that pose a threat to human life and (or) health, the state inspector for State control and supervision in the field of industrial safety applies rapid response measures in the form of suspension or prohibition of activities or certain types of activities of individual entrepreneurs, organizations, related to the operation of hazardous production facilities and (or) technical devices, in accordance with the procedure provided for in this article.

5. The basis for the application of rapid response measures are violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.

When conducting an accident investigation, prompt response measures may be applied in cases of violation of the requirements specified in part one of this paragraph.

6. The State Inspector for State Control and Supervision in the field of Industrial Safety, upon detection of violations of the requirements that are the basis for the application of rapid response measures, issues an act suspending or prohibiting activities or certain types of activities in the field of industrial safety and seals a hazardous production facility and (or) a technical device.

7. An act on suspension or prohibition of activities or certain types of activities in the field of industrial safety is drawn up and handed over to an individual entrepreneur, an organization related to the operation of hazardous production facilities and (or) technical devices, in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

8. In case of refusal to adopt an act on suspension or prohibition of activities or certain types of activities in the field of industrial safety, upon its delivery, a corresponding record of non-acceptance of the act is intentionally entered in it. An act on suspension or prohibition of activities or certain types of activities in the field of industrial safety is sent to the legal address, location or actual address of an individual entrepreneur, organization related to the operation of hazardous production facilities and (or) technical devices, by letter with a notification of its delivery.

9. Refusal to receive an act suspending or prohibiting activities or certain types of activities in the field of industrial safety is not a reason for its non-fulfillment.

10. Violations of requirements identified during the implementation and (or) based on the results of state control, which are the basis for the application of rapid response measures, are reflected in the act on the results of preventive control with a visit to the subject (object) of control and supervision, inspection, investigation, as well as in the instruction on the elimination of identified violations of industrial safety requirements.

11. An individual entrepreneur or an organization associated with the operation of hazardous production facilities and (or) technical devices is obliged to eliminate identified violations of requirements that are the basis for the application of rapid response measures within the time limits specified in the regulation on the elimination of identified violations of industrial safety requirements.

12. Upon expiration of the deadlines for eliminating violations of the requirements identified by the results of preventive control with a visit to the subject (object) of control and supervision, inspection, investigation, an unscheduled inspection is carried out to control the elimination of identified violations that were the basis for the application of rapid response measures.

The act on suspension of activities or certain types of activities in the field of industrial safety is terminated if the State inspector for State Control and Supervision in the field of industrial safety confirms the elimination of identified violations that were the basis for the application of rapid response measures on the basis of the act on the results of an unscheduled inspection in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

13. In case of non-elimination of identified violations of the requirements that were the basis for the application of rapid response measures, based on the results of an unscheduled inspection, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan, and the State inspector for State Control and Supervision in the field of industrial safety issues acts in accordance with paragraphs 6 and 10. this article.

14. Before the expiration of the time limits stipulated by the regulation on the elimination of identified violations of industrial safety requirements, an individual entrepreneur, an organization associated with the operation of hazardous production facilities and (or) technical devices, must provide information on the elimination of identified violations of requirements with the attachment of materials proving the elimination of violations.

If the information provided for in the first part of this paragraph is provided, an unscheduled inspection is carried out in accordance with the second part of paragraph 12 of this article.

15. An individual entrepreneur or an organization associated with the operation of hazardous production facilities and (or) technical devices, in case of disagreement with the results of state control that led to the application of rapid response measures, may file a complaint declaring the act on suspension or prohibition of activities or certain types of activities in the field of industrial safety invalid and its cancellation.

A complaint is filed with a higher state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or with a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of an act suspending or prohibiting activities or certain types of activities in the field of industrial safety.

16. The grounds for invalidating an act on suspension or prohibition of activities or certain types of activities in the field of industrial safety and its cancellation are:

1) the lack of grounds for the application of rapid response measures;

2) the application of rapid response measures on grounds that do not correspond to this measure;

3) the application by the State inspector for state control and supervision in the field of industrial safety of rapid response measures on issues outside his competence.

17. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated April 11, 2014 No. 188-V 3PK.

This Law regulates public relations arising in the process of carrying out civil protection measures and is aimed at preventing and eliminating natural and man-made emergencies and their consequences, providing emergency medical and psychological assistance to the population in the emergency zone, ensuring fire and industrial safety, and also defines the main tasks and organizational principles of building and the functioning of the civil defense of the Republic of Kazakhstan, the formation of, storage and use of the state material reserve, organization and activities of emergency services and formations.

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Republic of Kazakhstan

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